Working positively with sexual offenders: maximizing the effectiveness of treatment

In this article, the authors draw on literatures outside sexual offending and make suggestions for working more positively and constructively with these offenders. Although the management of risk is a necessary feature of treatment, it needs to occur in conjunction with a strength-based approach. An exclusive focus on risk can lead to overly confrontational therapeutic encounters, a lack of rapport between offenders and clinicians, and fragmented and mechanistic treatment delivery. The authors suggest that the goals of sexual offender treatment should be the attainment of good lives, which is achieved by enhancing hope, increasing self-esteem, developing approach goals, and working collaboratively with the offenders. Examples are provided of how these targets may be met. When this is done within a therapeutic context where the treatment providers display empathy and warmth and are rewarding and directive, the authors suggest that treatment effects will be maximized.     

Expert Evidence,Judicial Reasoning,and the Family Courts Information Pilot

The Family Courts Information Pilot took a modest step towards open justice in Children Act cases by publishing 161 judgments of the County Courts and Family Proceedings Courts. Combining socio‐legal and philosophical analysis on lines inspired by the work of Habermas, this article examines the epistemology of expert testimony implicit in the judgments. What emerges is a form of reasoning based on ‘inference to the best explanation’: judges seek to show that the best explanation for experts saying what they do is that they have good reasons for their opinions. While this approach is not blindly deferential, it has serious limitations in cases where the only experts are local authority social workers and the guardian, and an awareness of these limitations is one reason for the courts' willingness to allow other experts to be instructed. The article also criticizes the analysis of the courts’ use of experts by the recent Family Justice Review.     

Moral strangers or fellow travellers? Contemporary perspectives on offender rehabilitation

This article is a response to the two previous articles in this issue (Polaschek, 2012, and McNeill, 2012), which make up the hot topic debate on offender rehabilitation.     

Assessing desistance in child molesters: a qualitative analysis

The aim of the study was to investigate the process of desistance from sexual crime by comparing two groups of child molesters: One group was deemed to be desisting, while men in the other group were deemed as being still potentially active offenders. Men in the desisting group reported being optimistic for the future, reported an enhanced sense of personal agency and a more internalized locus of control, and identified treatment as being a turning point in their lives. In comparison, men in the active group were found to be more pessimistic and were more likely to blame external events, or situations, for their problems. One of the most striking findings of the research was that the desisting group had found a place within a social group or network, unlike the still potentially active offenders who all described a life of social isolation and alienation.     

The suitability of using domestic pigs (Sus spp.) as human proxies in the geophysical detection of clandestine graves

Research in many forensic science fields commonly uses domestic pigs (Sus spp.) as proxies for human remains, due to their physiological and anatomical similarities, as well as being more readily available. Unfortunately, previous research, especially that which compares the decompositional process, has shown that pigs are not appropriate proxies for humans. To date, there has not been any published research that specifically addresses whether domestic pigs are adequate human proxies for the geophysical detection of clandestine graves. As such, the aim of this paper was to compare the geophysical responses of pig cadavers and human donor graves, in order to determine if pigs can indeed be used as adequate human proxies. To accomplish this, ground penetrating radar (GPR) and electrical resistivity tomography (ERT) responses on single and multiple pig cadaver graves were compared to single and multiple human donor graves, all of which are in known locations within the same geological environment. The results showed that under field conditions, both GPR and ERT were successful at observing human and pig burials, with no obvious differences between the detected geophysical responses. The results also showed that there were no differences in the geophysical responses of those who were clothed and unclothed. The similarity of the responses may reflect that the geophysical techniques can detect graves despite what their contents are. The study implications suggest that experimental studies in other soil and climate conditions can be easily replicated, benefiting law enforcement with missing persons cases.     

Child sexual abuse material in child-centred institutions: situational crime prevention approaches

ABSTRACT

This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.     

Impunity and Hope

Is there a duty to prosecute grave international crimes? Many have thought so, even if they recognize the obligation to be defeasible. However, the theoretical literature frequently leaves the grounds for such a duty inadequately specified, or unsystematically amalgamated, leaving it unclear which considerations should drive and shape processes of criminal accountability. Further, the circumstance leaves calls to end impunity vulnerable to skeptical worries concerning the risks and costs of punishing perpetrators. I argue that a qualified duty to prosecute can be substantiated on the basis of a single class of reasons, though also that standard justifications of international criminal law (as currently conceived) are not up to the task. The account exploits the expressive dimension of punishment, but locates the central good of criminal accountability in its capacity to appropriately enable an agential stance on the part of subjects in transitional circumstances. It can legitimate, in a way to be specified, hope. The approach also displays the cynicism of an anti‐impunity ethos in the absence of a robust commitment to securing basic human rights in transitional circumstances.