Do Blacks Speak with one Voice? Immigrants,Public Opinions,and Perceptions of Criminal Injustices

This paper tests core tenets of the theory of African-American offending proposed by Unnever and Gabbidon. Their theory posits that African-Americans have a common worldview on matters of race that is related to their offending. However, Unnever and Gabbidon further hypothesize that immigrant blacks do not fully embrace the worldview shared by US-born blacks. Using a 2008 national Gallup poll, we examine whether US-born blacks share a common worldview and whether foreign-born blacks differ in their opinions on key issues including: criminal injustices, the state of American race relations, attitudes towards immigration and illegal immigrants, and the perception of mobility within American society. The results partially confirm their two key hypotheses; there are no entrenched differences in the public opinions of US-born blacks on race-related matters while immigrant blacks do not wholly endorse their worldview. We discuss the implications of these two findings in relation to how scholars conceptualize offending among blacks.     

关于创设“继任犯”理论的构思——兼谈对三个疑案的定罪处罚

基于对约三年内先后出现的3个类似疑案的研究，笔者首次发现了这类犯罪是除犯罪预备、犯罪未遂、犯罪中止之外的又一种“不完整一罪”犯罪形态，遂将这类犯罪称为“继任犯”，首次提出了“继任犯”理论，能够有效解决现有刑法理论和规定背景下对“继任犯”定罪乱、处罚乱问题。     

The Personality Assessment Inventory (PAI): Treatment Scales and Interpersonal Characteristics in a Sample of Men Charged with or Convicted of a Sexual Offense*

An individual's interpersonal features are pertinent to treatment within clinical populations. The Personality Assessment Inventory (PAI) contains two scales that assess the interpersonal features of warmth (WRM) and dominance (DOM), as well as two additional measures to assess to treatment prediction, process, and rejection (RXR; TPI). The current study examined associations between these PAI scales in a sample of 92 men who underwent comprehensive evaluations of sexual behavior after being charged with or convicted of a sexual offense. Analyses indicated that RXR was positively associated with WRM and DOM, TPI was negatively associated with WRM, and the two interpersonal scales of WRM and DOM were positively correlated with each other. A significant inverse relationship was found between the two treatment scales RXR and TPI indicating that motivation for treatment may have a limited relationship with the treatment process. WRM significantly predicted scores on the TPI, and both WRM and DOM predicted individual scores on RXR. Higher scores on positive impression management (PIM) were predictive of lower TPI and higher RXR, as individuals with higher stakes cases may score higher on PIM and underreport obstacles within treatment or be unwilling to accept the need for treatment. Overall, findings suggest that interpersonal characteristics identified by the PAI scales may be advantageous in approaching treatment within this population.     

How Many Offenses are Really Committed per Juvenile Court Offender?

This article compares juvenile court petitions and self-reported offending between ages 13 and 17 for 506 boys followed up in the Pittsburgh Youth Study. There were 2.4 self-reported offenders for every petitioned offender, and 80 self-reported offenses for every petitioned offense. The prevalence of self-reported offenders stayed constant with age, but the prevalence of petitioned offenders increased with age. Conversely, the individual offending frequency stayed constant with age according to court petitions but increased with age according to self-reports. Therefore, prevalence and frequency did not vary similarly with age, and did not vary similarly in self-reports and court records. With increasing age, more and more of the self-reported offenders were formally petitioned, but they were formally petitioned for fewer and fewer of their offenses. The probability of an offender being petitioned to court increased with the number of offenses that he committed, but the probability of each offense leading to a court petition decreased with the number of offenses committed. There was little overlap between self-reported and official chronic offenders. It is concluded that researchers should always measure both self-reports and official records in studying offending, and that the juvenile court should seek to intervene earlier in delinquency careers.     

论个人秘密的刑法保护

侵犯通信自由罪的法益是通信自由和通信秘密。利用职务上的便利,不是私自开拆、隐匿、毁弃邮件、电报罪的构成要件。刑法第235条第2款是属于注意规定,不是法律拟制。侵犯通信自由罪,宜设置为亲告罪。为有效保护个人秘密,应当增设一些新罪名。     

A Criminological Fly in the Ointment: Specialty Courts and the Generality of Deviance

ABSTRACT

Specialty courts—such as drug courts, mental health courts, or domestic violence courts—tend to assume, either implicitly or explicitly, that particular groups of offenders have unique problems that can be best met with specialized case processing. Put simply, specialty courts assume that offenders themselves are specialists when it comes to offending. There is, however, a criminological fly in the ointment. The problem is that criminological theory and research have long demonstrated that offenders tend to be generalists and that they rarely specialize in any given form of misbehavior. Accordingly, the authors argue here that the notion of the “generality of deviance” presents a problem for the potential effectiveness of specialty courts because they are likely operating on a faulty set of ideas about offending behavior. The authors offer strategies for moving forward to better integrate the notion of the generality of deviance into specialty courts: in particular, embracing a rehabilitative philosophy and adopting well-documented correctional treatment approaches such as cognitive-behavioral interventions and the risk-need-responsivity model. They conclude by highlighting the risks associated with granting system efficiency a position of privilege among the multiple goals of corrections.     

A THRESHOLD MODEL OF COLLECTIVE CRIME

The group nature of offending has been recognized as an inherent characteristic of criminal behavior, yet our insight on the decision to engage in group crime is limited. This article argues that a threshold model offers broad appeal to understand this decision. After discussing the basis of this model and its applicability to collective crime, we offer one example of the kind of research that could stem from this model. Specifically, by using survey data from 583 university students, this study asked respondents to self‐report thresholds for group theft and destruction of property. By experimentally manipulating characteristics of the hypothetical scenario used to measure thresholds, we investigated both the individual‐ and situational‐level correlates of these self‐reported thresholds. The discussion considers the results that emerge from a Tobit regression model and offers suggestions for future research that would provide further refinement of the threshold model.     

An integrated case formulation approach in forensic practice: the contribution of Occupational Therapy to risk assessment and formulation

Forensic services focus on risk reduction and extol the value of multidisciplinary working. Due to the complex relationship of personality disorder and risk, a multidisciplinary approach to risk assessment, formulation, management and reduction is essential. Occupational Therapists provide a unique perspective; however, current literature pertaining to the contribution of Occupational Therapy is negligible. This paper aims to initiate discussion of the value of Occupational Therapy contributions to risk assessment and formulation with personality disordered offenders. A new approach is described that integrates occupational adaptation and multiple sequential functional analysis to provide a structured framework for Occupational Therapy risk assessment and formulation. A single case report is presented to demonstrate the advantages of the approach for identifying offenders’ strengths and difficulties, predicting risk of reoffending, identifying offence paralleling behaviour and informing and evaluating efficacy of intervention, thereby supporting the aims of forensic practice settings to assess, manage, treat and reduce risk.     

Generality, continuity, and change in offending

A number of criminological theories make either implicit or explicit predictions about the empirical relationship between prior and future offending behavior. Some argue that time-stable characteristics such as criminal propensity should account for any positive correlation between past and future criminal behavior for all individuals. Others contend that the positive association between offending behavior at different points in time are partly causal and partly spurious. Still others anticipate that different patterns will emerge for different groups (distinguished by their ciminal propensity) of individuals. Using a longitudinal data set comprised of 848 training school releasees, we test various hypotheses emanating from these different theoretical perspectives. The results indicate that (1) both stability and change have causal implications for one's offending behavior and (2) with but one exception, these effects do not vary between high and low criminal propensity groups.