Mandatory life sentences for serious sex offenders in England and Wales: tough,but intelligent too?

Abstract

This paper reviews the changes in risk assessment procedures for sexual offenders over the last 15 years from the viewpoint of two active participants in that change. Best practices with this target group have evolved at a dizzying pace, leaving many practitioners and programme managers uncertain about which tests or procedures they should use and, frankly, wondering why things keep changing. We view this ongoing evolution as very positive. Compared to the early 1990s, evaluators now have better knowledge of the static and dynamic factors associated with sexual recidivism, and a number of empirically validated risk assessment tools. We describe the various risk assessment procedures we have introduced (e.g. STATIC-99, SONAR, STABLE-2007/ACUTE-2007), the reasons why practices have changed and the reasons why practices will continue to change.     

Offender’s Personal Circumstances and Punishment: Toward a More Refined Model for the Explanation of Sentencing Disparities

Prior research suggests that offender sex, age, and race are often influential determinants of sentencing outcomes. According to focal concerns theory, they affect sentencing because—due to limited time and information—judges rely on stereotypical behavioral expectations when assessing offender blameworthiness and dangerousness. As such, extralegal offender characteristics may serve as proxies for more specific risk indicators. Whether more complete information on additional risk factors helps account for the effects of extralegal characteristics, however, remains an untested assumption. Therefore, this study analyzes the Dutch data on standardized pre-sentencing reports to examine the influence of personal circumstances of the offender, such as employment, family, and drug use factors, on the likelihood and length of incarceration. The results suggest that personal circumstances exert inconsistent influence over sentencing outcomes and that they fail to significantly mitigate the direct effects of sex and age, but do mitigate the effects of national origin.