Punishment and the Duties of Offenders

This paper offers a partial critique of one of the central lines of argument in Victor Tadros’ The Ends of Harm: his attempt to show that a system of deterrent punishment can avoid the objection that it treats those who are punished ‘merely as means’ to our goals, by arguing that we may legitimately use someone as a means if in doing so we are simply forcing her to do what she anyway had an enforceable duty to do. I raise some questions about the idea of forcing someone to do what she has a duty to do; about what duties a wrongdoer incurs towards his victim, and how they may be enforced; and about whether we can move from such duties to a justification of criminal punishment as a deterrent.     

Male Versus Female Substance Abuse Patterns Among Incarcerated Juvenile Offenders: Comparing Strain and Social Learning Variables

The present study explores gender differences in substance use among a juvenile correctional population. Hypotheses derived from general strain theory and differential association/social learning theory are evaluated in order to examine the relative importance of family transitions, family dysfunctions, victimization, and peer substance use. The data include information on approximately 5,000 incarcerated juveniles (89 percent males, 11 percent females). Comparisons across gender indicate similarity with respect to alcohol and marijuana, but earlier age of onset and greater current use among females for most other substances. Regression analyses reveal similarity across genders in the preeminence of peer substance use as a predictor, but mixed results with respect to the influence of family factors and victimization. Findings are consistent with the tenets of differential association/social learning theory on the whole, but also indicate potential differences in sources of strain for males and females with respect to age of onset of alcohol/marijuana use.     

共犯人关系的再思考

刑法总则规定了哪些参与人,刑法对共犯人如何分类(参与类型),是两个不同的问题。我国刑法总则虽然规定了主犯、从犯、胁从犯与教唆犯四种情形,但不能据此认为这四种情形就是对共犯人的分类。刑法理论必须以罪刑法定原则为根据,确定刑法总则应当规定哪些参与类型。由于刑法分则规定的是正犯,所以,只有当刑法总则规定了教唆犯、帮助犯时,才能扩张地处罚教唆犯与帮助犯,否则便违反罪刑法定原则。由于共同正犯不以实施构成要件行为为前提,所以,如果对共同正犯按照正犯处罚,就必须有刑法总则的明文规定。主张刑法第26条规定的主犯与正犯是交叉关系、递进关系或者等同关系以及双层次区分说的观点,都存在缺陷。刑法第26条是关于共同正犯的规定,该规定贯彻了"部分行为全部责任"的原理。教唆他人犯罪的,如果在共同犯罪中起主要作用,就属于(共谋)共同正犯,按正犯处罚;如果起次要作用,则是狭义共犯中的教唆犯,应当按从犯量刑。基于实质标准,对起次要作用的实行者,也只能按从犯处罚。     

Duff on the Legitimacy of Punishment of Socially Deprived Offenders

Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this paper I will challenge that claim. I will argue that the courts can be seen as acting, not on behalf of the whole polity, but only on behalf of a subset of its citizens, namely, the just citizens (i.e. the citizens who cannot be seen to have wronged the deprived offenders).     

Punishment, Socially Deprived Offenders, and Democratic Community

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name of all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis: circumstances in which a moral community can no longer be plausibly said to exist.     

Punishment and Paperwork: White-Collar Offenders Under Community Supervision

This article examines how changes in penal ideology may affect the experiences of white-collar offenders under community supervision. In-depth interviews with white-collar offenders on their experiences while under federal probation are used to examine how changes in criminal punishment have undermined the traditional reintegrative and rehabilitative goals of community supervision. The analysis suggests that shifts to a more managerial, actuarial model that seeks depersonalized efficiency has unintended consequences that delegitimatize the criminal justice system, and foster sentiments of degradation. Based on these findings, considerations for future research are discussed.     

Deterrence and Individual Differences Among Convicted Offenders

Conflicting evidence exists on how criminal propensity moderates deterrent effects, and there is little empirical evidence on this issue from relatively experienced offenders. This study tested how variation in criminal propensity (operationalized as “low self-control”) moderates deterrent effects in a sample of convicted offenders in New Jersey’s Intensive Supervision Program in 1989 and 1990. Offenders’ perceptions of the risks and consequences from violating ISP were associated with whether they successfully completed ISP. Moreover, lower self-control did not diminish, and if anything, enhanced these deterrent effects.

Substance Use and Intimate Violence Among Incarcerated Males

The purpose of this study was to examine substance use patterns among a sample of incarcerated males who report engaging in levels of intimate violence, as well as identifying similarities and differences in demographic, economic status, mental health, criminal justice involvement, relationships, and treatment factors for three groups of incarcerated males - those who report perpetrating low intimate violence, those who report perpetrating moderate intimate violence, and those who report perpetrating extreme intimate violence the year preceding their current incarceration. Findings indicated that low intimate violence group's perpetration consisted almost exclusively of emotional abuse. Moderately intimate violent males and extremely intimate violent males, however, report not only high rates of emotional abuse but physical abuse as well. The distinction between moderate and extremely violent groups was substantial. Findings also indicated that perpetrators at different levels of violence in this study did not vary significantly in age, employment history, marital status, or race. However, the three groups showed significant differences in three main areas: (1) cocaine and alcohol use patterns, (2) stranger violence perpetration and victimization experiences, and (3) emotional discomfort. Implications for substance abuse and mental health treatment interventions and for future research are discussed.     

Exploring Sex Differences among Sentenced Juvenile Offenders in Australia

Recent research applying latent class analysis (LCA) reveals considerable diversity in the self‐reported offending patterns of incarcerated females and suggests that a failure to recognize these patterns will hinder the ability to understand mechanisms that lead females to serious offending. Using data from a cohort of serious juvenile offenders in Queensland, Australia, this paper extends the earlier research by using LCA to assess sex differences in juvenile criminal offending. Results indicate that female offenders are not a homogenous group with respect to their offending patterns, that there is a degree of symmetry between male and female offenders, and that childhood experiences of maltreatment increase the likelihood of membership in the most serious offending group for both males and females. Implications for theory and policy as well as directions for future research are highlighted.     

The Effects of Visitation on Incarcerated Juvenile Offenders: How Contact with the Outside Impacts Adjustment on the Inside

The present study investigates how visitation from parents impacts youths’ mental health in the first two months of incarceration in a secure juvenile facility. A diverse sample of 276 male, newly incarcerated serious adolescent offenders (14–17 years) was interviewed over a 60-day period. Results indicate that youth who receive visits from parents report more rapid declines in depressive symptoms over time compared to youth who do not receive parental visits. Moreover, these effects are cumulative, such that the greater number of visits from parents, the greater the decrease in depressive symptoms. Importantly, the protective effect of receiving parental visits during incarceration exists regardless of the quality of the parent–adolescent relationship. Policy changes that facilitate visitation may be key for easing adjustment during the initial period of incarceration.     

Exploring the Effect of Exposure to Short-Term Solitary Confinement Among Violent Prison Inmates

Objectives

This study tracked the behavior of male inmates housed in the general inmate populations of 70 different prison units from a large southern state. Each of the inmates studied engaged in violent misconduct at least once during the first 2 years of incarceration (n = 3,808). The goal of the study was to isolate the effect of exposure to short-term solitary confinement (SC) as a punishment for their initial act of violent behavior on the occurrence and timing of subsequent misconduct.

Methods

This study relied upon archival longitudinal data and employed a multilevel counterfactual research design (propensity score matching) that involved tests for group differences, event history analyses, and trajectory analyses.

Results

The results suggest that exposure to short-term solitary confinement as a punishment for an initial violence does not appear to play a role in increasing or decreasing the probability, timing, or development future misconduct for this particular group on inmates.

Conclusions

Upon validation, these findings call for continued research and perhaps a dialog regarding the utility of solitary confinement policies under certain contexts. This unique study sets the stage for further research to more fully understand how solitary impacts post-exposure behavior.

     

Sentencing Juvenile Offenders to Life in Prison: The Political Sociology of Juvenile Punishment

Sentencing juvenile offenders to life in prison is the most severe criminal penalty available, yet we know little about the factors that produce jurisdictional differences in the use of such sanctions. Political explanations emphasize conservative values and the strength of more conservative political parties. Threat accounts suggest that this sentence will be more likely in jurisdictions with larger minority populations. After controlling for many explanations using count models, the results show that larger numbers of juvenile life sentences are handed out in more politically conservative states with a stronger Republican Party. Findings also show that racial politics is a factor in juvenile life sentences. Those jurisdictions that have the most blacks and have judicial elections sentence the most juveniles to life terms. By highlighting the explanatory power of public ideologies, these findings support political explanations for the harshest criminal punishment directed towards juveniles.     

Relation of Antisocial and Psychopathic Traits to Suicide-related Behavior Among Offenders

Offenders with antisocial traits are relatively likely to attempt suicide, largely because they are more likely to have high negative emotionality and low constraint. Among 682 male offenders, we tested whether negative emotionality, low constraint, and also substance use problems mediated any relationship between antisocial personality disorder (ASPD) and psychopathy on the one hand, and suicide-related behavior (SRB) and ideation on the other. ASPD and the impulsivity/lifestyle features of psychopathy weakly predicted SRB. High negative emotionality and low constraint (but not substance use) mediated the relation between ASPD and SRB. Impulsivity/lifestyle features of psychopathy retained an independent predictive effect. Self-report psychopathy measures added unique predictive variance to the Psychopathy Checklist—Revised. We discuss implications for suicide risk assessment and prevention.

Interpersonal Dependency Among Court-Ordered Domestic Violence Offenders: A Descriptive Analysis

In the effort to improve treatment programs for batterers, researchers have begun to examine the role of interpersonal dependency in the etiology and maintenance of domestic violence. Recent empirical investigations of interpersonal dependency among maritally violent men have discovered that these men exhibit increased levels of interpersonal dependency when compared to nonviolent men. This study examined the level of interpersonal dependency of 105 adult men court-ordered into a treatment program for domestic violence offenses, and 25 nonviolent men. Results indicated no significant difference in level of interpersonal dependency between the court-ordered batterers and the nonviolent men. Possible explanations for the failure of this research to replicate earlier findings were explored and discussed. These findings indicate that more research is needed before the role of interpersonal dependency in the etiology and maintenance of domestic violence can be understood.     

Effectiveness of the Restorative Justice Process on Crime Victims and Adult Offenders in Thailand

In this paper, the researchers draw on research findings of the restorative justice process for adult offenders in Thailand run by probation officers during the pre-investigation stage. The evaluation study was conducted in 2009, aiming to analyze the effect of restorative justice on victims and offenders. The researchers investigate various key aspects, such as rates of satisfaction and perception of fairness, changing attitudes of victims and offenders, response to the victim’s needs, offender’s accountability, and reoffending rate. Factors associated with these aspects were also analyzed. A quasi-experimental research design was applied and the research findings showed that victims and offenders participating in the restorative justice process were significantly more satisfied with almost all evaluated outcomes than those who did not. However, the study did not find any significant difference in the re-offending rate between offenders in the experimental and comparison groups. Finally, the study found that two factors, i.e. victim’s income and victim–offender relationship, significantly related to the victim’s satisfaction. Victims who had low income were more likely to be satisfied with the outcome than those who had high income and victims who previously knew the offender were more likely to be satisfied with the process than those who did not.     

Exploring the Structure of Positive and Negative Justice Judgments

The study challenges the commonly assumed symmetry between justice judgments that refer to the distribution of positive and negative outcomes. Based on equity and multiprinciple approaches, and particularly on the theory of framing choices, we propose a conceptual framework for analyzing the dynamics of relations between positive and negative justice judgments. According to this framework, negative judgments are more generalized (simple) and more emphatic than are positive judgments. Data analysis was based on responses of 240 German adults to 39 justice judgment items that were subjected to a Similarity Space Analysis (SSA). The analysis corroborated the hypothesis when the type of resource to be distributed was held constant. Thus, the findings may reflect the primacy and high emotional intensity of negative experiences. They also suggest that, without specification of the distributed resource, this facet of justice judgments (sign of outcome distribution) is devoid of content.     

Maturity in Adolescent and Young Adult Offenders: The Role of Cognitive Control

This study examined the role of cognitive control in explaining the psychosocial maturity of adolescent (n = 43) and young adult male (n = 40) offenders. We separated psychosocial maturity into prosocial and criminal components, which were statistically unrelated and were explained by different variables. Individuals with higher levels of prosocial maturity were older, had better proactive cognitive control, and had better short-term memory than those with lower levels of prosocial maturity. Individuals with higher levels of criminal maturity were older and had better reactive cognitive control than those with lower levels of criminal maturity. We discuss the implications of these findings with regard to juvenile justice policy and practice.     

Coping Among Adult Female Victims of Domestic Violence

This paper examines the current literature regarding coping among battered women. It considers a number of contextual factors that are related to women's choices in coping with partner abuse, including factors related to the relationship (e.g., frequency and severity of abuse, length of relationship) and women's resources (e.g., social support, financial resources). Relationships between different forms of coping and psychological outcomes are also examined. As the research in domestic violence coping is somewhat lacking in coherence, theories, and models from the broader coping literature are used to organize the findings from the domestic violence field. Methodological concerns, such as research methods, measurement issues, and sampling, are raised throughout the paper. Suggestions for future research are made.