A Criminal Injustice System? Sex Offender Suspects and Defendants

The purpose of this paper is to open up a discussion regarding the potential shift from the presumption of innocence to a presumption of guilt regarding those suspected of or charged with sexual offending. It is acknowledged that further investigation is needed and it is hoped that this discussion is one of many. The crux of this paper therefore is that sex offender suspects and defendants potentially find themselves in a criminal injustice system. Whilst the focus is predominantly on ‘victims’ (usually female) and people suspected or charged with sexual offending (usually male) within the criminal justice system in England and Wales the concerns articulated here are not confined to this context. For example such concerns are echoed in relation to the potential injustices occurring on American campuses. This demonstrates that this is a domestic and international situation and a situation that extends beyond the criminal justice system. We argue that what is occurring at home and abroad has to be contextualised with regard to public, media and official attitudes and approaches to ‘victims’, suspects, defendants, sex, sexual consent, sexual offending and a subsequent shift from the presumption of innocence to a presumption of guilt. It is argued that not only is the presumption of innocence undermined by the presumption of guilt regarding suspects and defendants in cases of sexual offending, it is also undermined in England and Wales by the victim personal statement (VPS). The VPS contains and promotes the idea that there is a ‘victim’ and ‘offender’ before this has been legally established in a court of law. These assumptions embodied within the VPS weaken the principle and practice of the presumption of innocence. The safeguard of the presumption of innocence is potentially under threat and the result is an even greater potential for miscarriages of justice and wrongful convictions.     

Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders

This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excessive because the judge viewed the female victims’ ethnic and religious origin as an aggravating factor. In light of a number of charities’ condemning the judgment, this article evaluates whether the Court of Appeal made the correct decision, particularly in the wider context of sentencing principles. It also considers whether causing shame to a victim and her family can be regarded as an aggravating factor when sentencing sexual offences, and discusses the circumstances where the victim’s ethnic origin should be taken into account.     

Elderly interest in home equity conversion

Abstract

Few elderly homeowners liquidate their home equity to fund consumption. This article examines whether attitudes about housing, independence, and finances affect a homeowner's interest in home equity conversion. The results of a nationwide survey of elderly homeowners were analyzed by logistic regression to ascertain the relationship between interest in home equity conversion and economic, demographic, and attitudinal characteristics.

The results indicate that elderly homeowners most interested in home equity conversion own houses valued at $50,000 or less, are concerned about maintaining independence but not homeownership, and are not very concerned about future medical expenses. Thus, societal norms for maintaining single‐family homeownership and medical assistance programs that exempt home equity from requirements that participants spend all their assets to be eligible may be inhibiting the growth of home equity conversion programs.     

Identities and the Indian state: An overview

The importance that IR theorists have traditionally given to sovereign statehood has decreased their ability to explain new issues of global heterogeneity and diversity. The need to explain the end of the cold war, the disintegration of the former Soviet Union and the revival of old identities as well as the eruption of ethnic conflict in various parts of the world has, therefore, led to the return of culture and identity in IR theory. The concept of nation-state in international relations is based on the assumption that humanity is divided into nations and each nation is entitled to a state of its own. Although a state can exist without a nation it does not have the same legitimacy as a nation-state. Thus post colonial states like India, which are often considered to have artificial boundaries and are made up of many ethnic groups, feel obliged to embark on nation-building and prove that they are a nation-state even though homogeneous nation-states are a dwindling minority. The rise of the BJP in India emphasises the importance of religious and cultural identities but still does not prove that India is a nation. There has always been a tension between national and subnational identities in India. Not everyone who lives within the territorial borders of India considers him/herself to be an Indian nationalist-for example, Kashmiris seeking independence. The central government has always been aware of this and has always given priority to the preservation of the unity and integrity of the country. Indeed the constitution of India, while giving recognition to the fact that India is a multi-ethnic state, does not given anyone the right to secede from the Union. However, it is difficult to say how far India has progressed in the past 50 years beyond mere political integration and towards the creation of a nation-state through the transfer of loyalties from regional or ethnic groups to the nation, whose legal expression is the Indian Union. In the long run this is the only thing that will preserve the Indian state as it exists today.     

RESISTANCE,TRANSITION AND EXCLUSION: POLITICALLY MOTIVATED EX-PRISONERS AND CONFLICT TRANSFORMATION IN NORTHERN IRELAND

The landscape of political imprisonment in Northern Ireland was changed due to the general release and reintegration of politically motivated prisoners as part of the Belfast Agreement. This article reflects upon the post-prison experiences of former prisoners and their families, and in particular how the move from a resistant to a transitional framework has facilitated a greater openness and willingness amongs ex-prisoners to acknowledge the personal and familial problems related to incarceration. We also explore the ways in which ex-prisoners have attempted to deal with the continued social, political and civic exclusion which arises as a result of their conflict-related ‘criminal’ convictions. In the final section of the article, the authors further develop the move from a resistant to a transitional characterization of incarceration and its consequences.     

The Age Structure-Crime Rate Relationship: Solving a Long-Standing Puzzle

Objectives

Develop the concept of differential institutional engagement and test its ability to explain discrepant findings regarding the relationship between the age structure and homicide rates across ecological studies of crime. We hypothesize that differential degrees of institutional engagement—youths with ties to mainstream social institutions such as school, work or the military on one end of the spectrum and youths without such bonds on the other end—account for the direction of the relationship between homicide rates and age structure (high crime prone ages, such as 15–29).

Methods

Cross sectional, Ordinary Least Squares regression analyses using robust standard errors are conducted using large samples of cities characterized by varying degrees of youths’ differential institutional engagement for the years 1980, 1990 and 2000. The concept is operationalized with the percent of the population enrolled in college and the percent of 16–19 year olds who are simultaneously not enrolled in school, not in the labor market (not in the labor force or unemployed), and not in the military.

Results

Consistent and invariant results emerged. Positive effects of age structure on homicide rates are found in cities that have high percentages of disengaged youth and negative effects are found among cities characterized with high percentages of youth participating in mainstream social institutions.

Conclusions

This conceptualization of differential institutional engagement explains the discrepant findings in prior studies, and the findings demonstrate the influence of these contextual effects and the nature of the age structure-crime relationship.     

The Relationship of Personal, Family, and Abuse-Specific Factors to Children’s Clinical Presentation Following Childhood Sexual Abuse

Past literature has proposed potential variables (e.g., age, gender, attributional style) that may relate to clinical presentation following childhood sexual abuse (CSA). However, few studies have tested these relationships. The current study examined multiple factors related to clinical presentation following CSA in 101 children and adolescents presenting for treatment at Project SAFE, a parallel group treatment for children/teens and their nonoffending parents. Using clusters developed in a previous study, relationships between proposed variables and pretreatment clinical presentation were examined. Results indicated that attributions about the abuse, parental mental health, and severity of abuse related to the differentiated clinical presentation. These results are important because pinpointing correlates to clinical presentation following CSA helps elucidate differences among those with a history of CSA and gives greater insight into the impact sexual abuse has on children. Knowing these differences may also benefit treatment providers in the development of individual treatment goals during therapy.     

Intervention with sexually abusive young people in Australia and New Zealand

Abstract

Research into the treatment of sexual offenders with an intellectual disability has increased over the past decade. This research can be used to investigate the efficacy of treatment; however, empirical limitations of the research make generalizations difficult. Marques has provided a framework for examining treatment efficacy that emphasizes the contribution of researchers and clinicians to report treatment outcomes rather than a strict reliance on rigorous empirical investigations, such as controlled outcome research. This review uses Marques’ framework to present an overview about group treatment for sexual offenders with an intellectual disability using nine identified studies. This paper attempts to consolidate our knowledge about specific treatment issues, while demonstrating the varied outcomes that are reported in the literature. In employing this framework, the literature suggests that our knowledge can be substantially improved by research addressing specific areas of treatment.