Prevention of sexual violence by those who have been sexually violent

This article argues that indeterminate sentencing is the optimal means of preventing recidivism among sex offenders, both as an instrumental matter and jurisprudentially. Once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. This position is defended against a number of objections, including claims that such a system relies on flawed risk assessments, ignores societal views of justice, denigrates offenders and victims, undermines deterrence and norm enforcement, depends too heavily on costly, uneven and demoralizing risk management schemes, and, as a result of one or more of these objections, is unconstitutional.     

Risk assessment of sexual offenders in German forensic institutions

BACKGROUND: The assessment of recidivism in sexual offenders is an urgent topic for forensic psychiatry in Germany. The call for useful predictive measures is therefore getting louder. AIMS: The present study analyses which criteria are employed by therapists in forensic hospitals to assess the dangerousness of sexual offenders. Of particular interest is whether the criteria listed in presently known prediction scores as decisive are actually used in decision-making in current forensic psychiatric practice. METHOD: Data are collected in a prospective prediction study funded by the German Research Association. RESULTS: The results reveal that therapists employ mainly clinical and less historical criteria, thus indicating substantial differences from currently known prediction scores and results of other studies. CONCLUSIONS: That therapists base their prediction of dangerousness primarily on clinical variables reveals a substantial error that has to be remedied. Further research on the extent of relevance of clinical variables is needed.     

Violent Sex Offenses: How are They Best Measured from Official Records?

In the United States, sexually violent predator (SVP) commitment statutes generally require assessment of an offender's risk of subsequent sexual violence. Current actuarial methods for predicting sexual reoffending were actually designed to predict something else—charges or convictions for offenses deemed sexual based on information obtained from police “rapsheets” alone. This study examined the referral and past offenses of 177 sex offenders. Results showed that police rapsheets (and data based on them) underestimated the number and severity of sexually motivated violent offenses for which sex offenders were actually apprehended. Rapsheet violent offenses seemed a more accurate index of the conduct addressed by SVP legislation than were rapsheet sex offenses. We suggest that, when evaluating sex offenders for SVP status, actuarial instruments designed to predict violent recidivism (as measured by rapsheet violent reoffenses) might be preferable to those designed to predict sexual recidivism (as measured by rapsheet sexual reoffenses).

THE EFFECT OF CRIMINAL BACKGROUND CHECKS ON HIRING EX‐OFFENDERS*

Research Summary The rapid increase in the nation's incarceration rate over the past decade has raised questions about how to reintegrate a growing number of ex‐offenders successfully. Employment has been shown to be an important factor in reintegration, especially for men over the age of 27 years who characterize most individuals released from prison. This article explores this question using unique establishment‐level data collected in Los Angeles in 2001. On average, we replicate the now‐common finding that employer‐initiated criminal background checks are negatively related to the hiring of ex‐offenders. However, this negative effect is less than complete. The effect is strongly negative for those employers that are legally required to perform background checks, which is not surprising because these legal requirements to perform checks are paired with legal prohibitions against hiring ex‐offenders. However, some employers seem to perform checks to gain additional information about ex‐offenders (and thus hire more ex‐offenders than other employers), and checking seems to have no effect on hiring ex‐offenders for those employers not legally required to perform checks. Policy Implications One public policy initiative that has received considerable attention is to deny employers access to criminal history record information, which includes movements to “ban the box” that inquires about criminal history information on job applications. The assumption underlying this movement is that knowledge of ex‐offender status leads directly to a refusal to hire. The results of this analysis show that policy initiatives aimed at restricting background checks, particularly for those firms not legally required to perform checks, may not have the desired consequences of increasing ex‐offender employment. This result is consistent with an alternative view that some employers care about the characteristics of the criminal history record and use information about criminal history in a more nuanced, nondiscrete way.     

Identifying trauma symptoms among adjudicated youth using the BASC-2 SRP and CROPS

This study examines the ability of the Behavior Assessment System for Children, Self Report of Personality-Adolescent, 2nd edition (BASC-2-SRP-A) to predict trauma symptomatology as measured by the Child Report of Post-traumatic Stress among a sample of 59 male and 59 female adjudicated youth. Logistic regression revealed that clinically significant CROPS scores were predicted by BASC-2-SRP Social Stress and Somatization scale scores. A second logistic regression indicated that among youth with significant CROPS scores, gender was predicted by Sensation Seeking and Depression scale scores. Further, 47.4% (n = 56) of juvenile offenders’ CROPS scores were clinically significant, with females scoring significantly higher than males. Results endorse the validity of the CROPS and suggest that with additional analysis the BASC-2-SRP may also have the potential to identify juvenile offenders with a history of trauma.     

Incarceration and Recidivism among Sexual Offenders

The relationship between incarceration and recidivism was investigated in a sample of 627 adult male sexual offenders. Incarceration for the index offense was unrelated to sexual or violent recidivism. This was the case whether incarceration was examined as a dichotomous variable (incarceration vs. community sentence) or as a continuous variable (length of incarceration). Risk for sexual recidivism was assessed with a modified version of the Rapid Risk Assessment for Sexual Offense Recidivism. There was no evidence that the relationship between incarceration and recidivism was confounded or moderated by risk or that length of incarceration and recidivism were non-linearly associated. Sentencing sexual offenders to terms of incarceration appears to have little, if any, impact on sexual and violent recidivism following release.     

Dynamic risk factors: a theoretical dead-end?

While the quality of empirical research on risk predication, assessment and management in the sexual offending field has been of a high standard, relatively little attention has been paid to theoretical issues related to risk and its conceptualisation. In this paper, we develop alternative ways of understanding dynamic risk factors and their utility in theory construction and case formulation. We would stress that this work is of a preliminary nature but believe that it is crucial that standard clinical and research practices are critically challenged from time to time, and their underlying theoretical assumptions evaluated. Our aim is to encourage researchers and practitioners to look at the issue of dynamic risk factors from a different viewpoint; one that we hope can help move the sex offender field forward.     

Sexual recidivism: A review of static,dynamic and actuarial predictors

The need for accurate risk assessment of sexual offence recidivism has never been greater. It is widely accepted that actuarial risk instruments outperform clinical judgement and the literature has recently witnessed a surge of empirically derived actuarial measures. However, in spite of the increased levels of predictive accuracy, actuarial measures have been criticized as being unrepresentative, lacking specificity, and being heavily reliant on static risk factors without taking into account dynamic risk, psychological emotional states and treatment effects. Rather than offering a critique of the actuarial movement, this paper offers a summary of static and dynamic risk factors associated with sexual offence recidivism as identified from the literature. Implications of incorporating dynamic factors into risk assessments and actuarial measures are discussed.     

Offenders' lies and truths: an evaluation of the Supreme Court of Sweden's criteria for credibility assessment

Abstract

The criteria used by Swedish courts for assessing credibility of plaintiffs' accounts were for the first time scientifically evaluated. Furthermore, unlike much previous deception detection research, we used offenders as participants instead of college students. False and truthful confessions by 30 offenders were analysed, and few significant effects were obtained. Truthful confessions were rated as having a higher degree of clarity than false confessions. Women's truthful confessions were rated as more credible than their false confessions. The offenders who were most experienced in being interviewed by the police gave a stronger impression of talking about something self-experienced in their false than in their truthful confessions; hence, it seems that offenders with more police interview experience have developed a kind of expertise in telling a convincing lie about crime. Overall, the criteria for credibility assessment used by Swedish courts had very limited usefulness in discriminating truthful and false confessions. A critique of the current status of evaluating statements in Swedish courts is provided.     

Stigma and discrimination in mentally disordered offender patients – a comparison with a non-forensic population

High levels of stigma and discrimination are reported by individuals with mental health problems. Aim: To assess self-reported levels of stigma and discrimination in forensic psychiatric patients, with psychotic illness, compared with general adult psychiatric patients with psychosis. Hypothesis: Individuals with a history of violent offending, as well as severe mental illness, report more stigma and discrimination, than non offender patients, as a result of them being perceived as dangerous and unpredictable. Method: Experiences of stigma and discrimination were compared in 32 forensic and 32 non-forensic general psychiatric patients, with schizophrenia or schizoaffective disorder, using the Stigma and Discrimination Scale (DISC). Results: Stigma and discrimination were widely reported by all patients, particularly affecting relationships with family, intimate relationships and friendships. No significant difference emerged between the forensic and non-forensic patients, in experienced or anticipated stigma. Conclusions: We suggest that the lower level of psycho pathology, longer inpatient stays and intensive rehabilitation for forensic patients may reduce the extent to which these patients experience stigma and discrimination.     

企业劳动规章的法律性质辨析——兼评我国企业劳动规章法律制度

通过对有关企业劳动规章法律性质各学说的比较分析,认为企业的经营需要与劳动者的权益保护是决定企业劳动规章法律制度的两个基本因素,故提出“修正的根据二分说”的观点,主张企业劳动规章系由基于劳资双方合意的契约发挥效力部分和基于企业经营管理权产生、法律赋予其约束力的部分构成;进而对我国现行企业劳动规章法律制度,尤其是《劳动合同法》第4条中劳资双方权利失衡问题进行了探讨。