Forms of Bail in Common Law Systems

Although the system of commercial bail bonding which prevails in most jurisdictions in the United States has been condemned by scholars for over fifty years, little awareness exists in this country about the alternative forms of pre-trial release practiced in the other common law countries. Nevertheless, these countries share a common origin of their bail systems in that found in England in the Seventeenth and Eighteenth Centuries. This common root renders their respective practices mutual alternatives to each other.

Only one of these countries has followed the American example of a commercialized system. The systems employed by the other countries can be classified into one of four types depending on the principal means used to secure the appearance of the accused in court. Each type is examined through a study of a jurisdiction providing a typical example of the type. The recognizance based systems are represented by India. The criminalization systems are typified by the English example. The state of New South Wales in Australia exemplifies the non-financially based systems. Finally, the Union of South Africa provides an illustration of the non-commercial cash deposit alternative. Reference is made to other countries sharing each type where possible.     

Paying to Be Punished: A Statutory Analysis of Sex Offender Registration Fees

Over the last 20 years, sex offender policies, specifically in terms of community corrections, have increased in scope. One of the most controversial and pervasive sex offender policies is that of registration. In response to the consumption of already limited resources, jurisdictions have imposed increasingly higher community supervision fees onto the offenders, requiring them to pay for their own re-entry. However, to date no research study has examined the statutory language associated with registration fees collected post release from formal community sanctions. Using a statutory analysis within the United States, this research finds and quantifies the imposition of a registration fee on offenders who are legally compelled to pay these registration costs, regardless of whether they are still currently under community supervision. Results show that more than half of U.S. states (n?=?28) incorporate statutory language authorizing registration fees, ranging anywhere from $5 per registration to up to $250 per year. These findings, as well as suggestions for future research and policy recommendations, are discussed.     

Defendant and Victim Sex,Sexism, and Decision Making in an Ambiguous Assault Case

The aim of the present study was to better understand how the sex of a defendant and of a victim in an ambiguous assault case impact juror verdicts and perceptions of the defendant. Juror sexist attitudes and the impact of these beliefs on decision making were also investigated. Mock jurors completed a measure of sexist attitudes and read a brief summary of an assault case in which the sexes of the defendant and victim were manipulated. Participants then rendered a verdict and provided sentencing recommendations. Mock jurors recommended the harshest sentence for the male defendant who assaulted a female victim. However, the female defendant, regardless of victim sex, was perceived as more psychopathic. Results are discussed in terms of the selective chivalry theory of sexism.     

Why Sex (Offending) Is Different

The central premise is that a significant amount of sex offending stems from unusual or inappropriate sexual preferences that appear in early adolescence, are relatively stable, and immutable. In those ways, they are like more ordinary sexual preferences, generating sexual impulses that are insistent. Individuals are strongly tempted to act on them, alternatives to satisfying them are unfulfilling, and complete long-term control of such impulses is unlikely. Yet, since individuals with sexual preferences for inappropriate objects or activities are neither morally nor legally permitted to act on them, they find themselves in a terrific bind. The public is, to some extent, correct to not trust the individuals with such preferences and to attempt to monitor or control them. However, most such efforts appear ineffective and counterproductive. Recidivist sex offenders are particularly worrisome. The possibility of voluntary castration for such offenders, in lieu of preventive detention or other more restrictive measures, is explored.     

Barack Obama vs Bristol Palin: why the President’s sex education policy wins

The federal government has exponentially increased funding for abstinence‐only sex education over the last few decades, a position supported by former vice‐presidential candidate Sarah Palin’s daughter Bristol. Unfortunately, empirical research indicates that abstinence‐only education is ineffective and may have negative consequences for adolescents. Despite encouragement of abstinence, adolescents continue to engage in sexual relationships, indicating that a different approach to sex education should be supported. This situation raises a number of justice issues because it is important for the government to fund sex education curricula that instruct adolescents on how to protect themselves from pregnancy and STDs. The majority of parents also disagree with the federal funding of abstinence‐only education and support more comprehensive education. This indicates that funding abstinence‐only education is diametrically opposed to community sentiment. Federal funding of abstinence‐only sex education is also problematic as such policies violate a number of adolescents’ constitutional rights. Therefore, the federal government must revise its current sex education policies. President Obama’s proposed plan has the potential to overcome many of these issues associated with abstinence‐only education.     

Might informative media reporting of sexual offending influence community members' attitudes towards sex offenders?

The media represents one of the main sources of public information about sexual offending. However, the media sensationalises sexual crimes through its focus on exceptional cases, contributing to an inaccurate representation of the population of individuals convicted of sexual offences. The resulting negative community attitudes towards released sex offenders may create barriers to community re-entry and promote ill-informed legislation. The aim of the current study was to explore whether informative reporting of sexual offending might result in less negative public attitudes towards released sex offenders. Eighty-seven participants were presented either with an informative media portrayal of a recently released sex offender, a fear-inducing, typical portrayal or no media portrayal (control condition). We measured three components of participants' attitudes (affect, cognitive beliefs and behavioural intensions) towards sex offenders, in addition to participants' non-conscious, implicit, attitudes. The results showed that the informative media portrayal significantly influenced the cognitive and behavioural components of attitudes; however, the affective component and implicit attitudes remained consistently negative. Our findings suggest that the media may play an influential role in influencing public opinion about sex offenders. The potential, and the challenges, for using media to influence public attitudes towards sex offenders are discussed.     

Assessment of public attitudes towards sex offenders in an Australian population

Public attitudes towards sex offenders are believed to play a key role in the development of legislation and public policy designed to manage the risks posed by known sex offenders who live in the community. There have, however, been few previous attempts to validate methods by which public attitudes can be measured. The current study aims to address this issue by establishing the factor structure of the Community Attitudes Towards Sex Offenders (CATSO) scale with an Australian community sample and examine the extent to which demographic variables and support for sex offender management policies influence these attitudes. A sample of 552 participants recruited through online social media sites completed the CATSO as well as a number of items developed by the researchers designed to assess individuals' support for specific sex offender policies. Results of an exploratory factor analysis suggested the presence of four distinct factors which were labelled ‘social tendencies’, ‘treatment and punishment’, ‘crime characteristics’ and ‘sexual behaviour’. Individuals with higher levels of educational attainment rated sex offenders less negatively than those with lower educational attainment, while those who reported being supportive of community notification reported more negative attitudes towards sex offenders.     

The big 5 dimensional personality approach to understanding sex offenders

Abstract

Although previous research has reported that the incarceration of sex offenders does not significantly reduce re-offending, there is no adequate theory guiding remedial programs for this population. The aim of the present study was to examine whether normal personality variation provides useful theoretical insight into the nature of sex offences against children. The Revised NEO Personality Inventory (NEO PI-R), a measure of the five-factor model (FFM) of personality, was administered to 64 males incarcerated for child sex offences. Sex offenders were categorised into different offender groups comprising incest within the immediate family, incest within step-family and extra familial offence. A comparison group of 33 non-offender males also completed the NEO PI-R. Results indicated that the sex offender groups were significantly higher in Neuroticism and significantly lower in Extraversion and Conscientiousness compared to the non-offender group. Significant differences between the sex offender groups and comparison groups for NEO PI-R facets were also found. The implications of these findings in terms of early identification and treatment are discussed.     

Planning helps: The impact of release planning on subsequent re-entry experiences of child sex offenders

Abstract

Recent research has demonstrated that poor release planning is associated with sex offender recidivism; however, whether release planning correlates with actual re-entry experiences has not been investigated systematically. Accordingly, in the present study release planning was rated for 16 child sex offenders, and semi-structured interviews about re-entry experiences were conducted at one, three and six months following their release from prison. As expected, significant positive correlations were found between release planning and re-entry experiences across the follow-up period, indicating that higher-quality release planning is associated with more positive re-entry experiences. Accordingly, it can be assumed that re-entry experiences differ between recidivists and non-recidivists, and hence positive re-entry experiences contribute to a reduction in sex offender recidivism. The implications for the management of offender release, policy makers and society as a whole are discussed.