David Alm 《Criminal justice ethics》2013,32(2):91-107

Abstract

According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) A more plausible account of the right to threaten says instead that the right to retaliate is primary to the right to threaten, and that the former right in turn arises because aggressors forfeit the right not to suffer retaliation. (3) The “fair warning thesis,” according to which just punishment must be preceded by a threat, is less plausible than first appearances suggest and is therefore no serious obstacle to the view of threats described above.  相似文献   

    

David S. Prescott  Jill S. Levenson 《Journal of Sexual Aggression》2013,19(3):275-285

Abstract

The treatment of sexual offenders can be fraught with ethical dilemmas. Practitioners must balance the therapeutic needs of sex offender clients alongside the risks they might pose to others. These ethical challenges include balancing community safety with the rights of the offender, the privileged therapeutic relationship and the potential for coerced treatment. In this paper, we respond to Glaser's argument that treatment is punishment and that sex offender treatment providers breach ethical codes by violating confidentiality, engaging in coercion, and ultimately causing harm to clients. We first consider whether sex offender treatment is indeed punishment. We argue that it is not, and that mandated treatment can and should be conducted in a fashion consistent with professional codes of ethics familiar to mental health providers. We then discuss the human rights model, which we agree is an essential lens through which to view the psychological treatment of sexual offenders. We attempt, as have other scholars, to illustrate the ways in which human rights principles intersect with traditional mental health codes of ethics particularly in the case of sex offender treatment. We conclude that sex offender treatment can be conducted ethically, that treatment differs from punishment in clear and distinct ways, and that ethical treatment conforms to a human rights perspective.  相似文献   

    

Hannah Clements  David L Dawson  Roshan das Nair 《Journal of Sexual Aggression》2013,19(2):197-215

Abstract

Professional attitudes towards female-perpetrated sexual abuse (FPSA) reportedly reflect the gender-role expectations found in broader society, which cast males almost exclusively as sexual aggressors or willing sexual recipients, females as sexually non-coercive or victims and male-perpetrated sexual abuse as particularly significant or injurious. Such views, however, appear to stand in contrast to the perspectives of individuals who have experienced FPSA. This paper details a systematic review of peer-reviewed quantitative and qualitative literature examining these different (professional and victim) perspectives. Although the methodological shortcomings of primary papers limit the conclusions that can be drawn, the findings suggest that victim and professional perspectives of FPSA remain discrepant; professionals generally considered FPSA as less serious, less harmful and less deserving of investigation than male-perpetrated abuse; while victims of FPSA felt their experiences influenced significantly their psychological wellbeing and abilities to form and maintain interpersonal relationships. These findings are discussed in relation to professional practice and suggestions for future research.  相似文献   

    

Karyn Mannix  David L. Dawson  Kerry Beckley 《Journal of Sexual Aggression》2013,19(3):264-274

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Kristen M. Budd  David M. Bierie 《Journal of Sexual Aggression》2013,19(3):274-293

ABSTRACT

This study examines sexual offending behaviour of juvenile females and juvenile males who come to the attention of the police. Using victim age as an analytical tool and more than 20 years of incident-level crime data, perpetrator, victim, and offense characteristics are compared to assess if the offending behaviours of juvenile females and juvenile males differ when the victim is a child versus a peer. The multinomial logistic regression showed there were differences in offending between juvenile females and juvenile males dependent on type of victim. Perpetrator substance abuse, victim sex, victim-offender relationship, type of sexual assault, use of force, location of the sexual assault, the time of day of the sexual assault, and whether or not the incident resulted in an arrest all reliably predicted these differences. The results reinforce the field's call for a greater development of a gendered understanding of sexual offending behaviour.  相似文献   

    

Dr Louise Almond  David Canter 《Journal of Sexual Aggression》2013,19(3):217-233

Abstract

This study investigates the variations in behaviour displayed by young people who sexually harm, as previous research has shown that they are not a homogeneous sample. Three conceptually distinct sets of behaviour were hypothesized, relating to various modes of interaction between the young people with harmful sexual behaviour (HSB) and their victim, victim as object, victim as person and victim as vehicle. Thirty-three behaviours were drawn from an extensive review of the files of 300 youths who had sexually harmed. The pattern of co-occurrence of the presence or absence of these behaviours was revealed by a multidimensional scaling procedure, Smallest Space Analysis (SSA). The results provide empirical support for three distinct behavioural themes; 258 (86%) of the youths could be assigned to one dominant mode of interaction (victim as object, victim as person or victim as vehicle). The findings have implications for the ways in which practitioners differentiate between young people with HSB.  相似文献   

    

David Wilson 《The Howard Journal of Crime and Justice》2012,51(1):106-107

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David Hockey 《The Howard Journal of Crime and Justice》2012,51(1):67-78

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David McCallum 《Journal of law and society》2011,38(4):604-630

This article considers three different historical events from the point of view of their connections to aspects of the history of liberal political reason: the actions of the British in New South Wales in the early nineteenth century in their claim to sovereignty over Indigenous lands; the establishment of Aboriginal missions and subsequent removal of Aboriginal children in the early twentieth century; and the Northern Territory Emergency Response and suspension of the Australian Commonwealth Racial Discrimination Act (1975) early in the twenty‐first century. The aim is to point to gaps between present claims about liberalism and ‘actual existing liberalism’, review the basis for examining accounts of governance deploying ‘authoritarian liberalism’ and ‘race war’ as central concepts, and call into question the Northern Territory campaign as an ‘exceptional’ event.  相似文献   

    

David M. Shumaker  Christopher Miller  Carolyn Ortiz  Robin Deutsch 《Family Court Review》2011,49(1):46-58

Attachment theory is increasingly being considered when contemplating post‐divorce parenting plans. Historically, there has been a strong emphasis on assessing the strength of the parent‐child bond as well as a child's attachment style. Surprisingly little research has focused on sibling bonds and the implications for post‐divorce parenting plans. This article provides an overview of sibling attachment theory, sibling attachment considerations in foster care decisions, and the limited research examining sibling attachment in divorce and parenting schedules. Several key questions are offered for mental health and legal professionals to consider when factoring sibling relations into post‐separation parenting plans.  相似文献