The capacity of criminal sanctions to shape the behaviour of offenders : specific deterrence doesn’t work, rehabilitation might and the implications for sentencing

There is a considerable gap between the law and knowledge regarding the efficacy of state-imposed sanctions to achieve several key sentencing objectives. Two sentencing objectives which often carry considerable weight in the sentencing calculus are rehabilitation and specific deterrence, despite the fact that neither has been proven to be attainable. This article examines the empirical data on whether specific deterrence and rehabilitation are attainable, and consequently whether they should be retained or abolished as sentencing objectives.

Demographic differences in public attitudes towards sex offenders

Emotionally fueled public responses to news of released sex offenders have the potential to jeopardize the re-entry process, for example, hindering access to stable housing and employment opportunities. Influencing change in public attitudes towards sex offenders so that they are conducive to successful community re-entry is important in efforts to prevent recidivism. Maximizing the effectiveness of attempts to change public attitudes first requires identifying whether specific demographic groups are more prone to negative attitudes, so that attempts to change attitudes can be appropriately targeted. In the present study, 401 community members completed an online questionnaire designed to assess the affective, cognitive and behavioral dimensions of attitudes towards sex offenders. Differences in attitudes towards sex offenders based on respondent sex, age, educational attainment, occupation, parental status and familiarity with victims and perpetrators of sexual assault were investigated. Females demonstrated more-negative attitudes on affective and behavioral measures compared with males, and respondents with low levels of educational attainment demonstrated more-negative attitudes than respondents with higher levels of educational attainment on cognitive and behavioral measures; however, all groups demonstrated negative attitudes towards sex offenders to some extent. Implications for community-level interventions that promote effective re-entry, and hence reduce the likelihood of sexual reoffending are discussed.

The rehabilitation of offenders : reducing risk and promoting better lives

This article examines the nature of offender rehabilitation and briefly reviews the effectiveness of correctional interventions in reducing recidivism. It then outlines the two most prominent contemporary theories of offender rehabilitation: the Risk-Need-Responsivity Model and the Good Lives Model (GLM). Our aim is to introduce these two broad rehabilitation frameworks and analyse their practice implications. We conclude that the GLM can offer an alternative view of offender rehabilitation that seeks to help offenders live more fulfilling lives while also reducing risk.

Judicial valuation of the social costs of crime

The true economic functions of the criminal courts are, first, to deter potential prospective offenders from committing offences, and in so doing reduce the total social costs of crime in the future; and secondly, to force the convicted offender to bear some of the costs, which the crime has externalised onto the victim(s) and wider society through retributive justice. These objectives are achieved through the sentencing function. Critics have lamented that too many extraneous factors are taken into account when setting penalties but the authors argue in this article that nevertheless these sentences are optimal because of the judges' comparative advantage. What is of great interest, and the focus of this article, are the implicit valuations of the social costs of crime that these sentences imply. Using the South Australia higher criminal courts as a case study, the authors estimate and utilise these judicial valuations to suggest a methodology for measuring the true economic value of the criminal courts. The analysis helps put into perspective the courts' very valuable contribution to social welfare.

Arson treatment programmes for offenders with disability : a systematic review of the literature

Purpose – The purpose of this paper is to identify and evaluate treatment for adult fire setters with an intellectual disability, given the specific risks they present, the complexities of criminal proceedings associated with their behaviour, and subsequent rehabilitation. However, the review also took into account programmes for fire setters in the wider population, including those for children and adolescents, given that such research might also inform the development of programmes for offenders with an intellectual disability.

Design/methodology/approach – A systematic review of the literature was undertaken.

Findings – Only four studies which evaluated treatment programmes specifically for arsonists with an intellectual disability were identified. Although each of these studies reported a reduction in fire-setting behaviour following programme completion, all employed relatively weak research designs. An additional 12 studies investigating programmes for arsonists without intellectual disability were also identified. It is concluded that there is a lack of evidence regarding treatment programme outcomes for arsonists with an intellectual disability. The extent to which such programmes can be adapted to suit adult offenders with an intellectual disability is discussed, with recommendations made for the design and evaluation of arson treatment programmes for offenders with intellectual disabilities.

Originality/value – Currently, minimal treatments programs exist for fire setting in offenders with intellectual disability. This review highlights the importance of further research into treatment programs for this specialised population.

Abolishing defensive homicide will benefit female victims and offenders

The Victorian Department of Justice has released its long-awaited review into operation of the controversial offence of defensive homicide. The Consultation Paper proposes the offence’s abolition on the basis that it is “inherently complex”, “has no clear benefit” for women who kill in the context of family violence and has been “inappropriately” used by men who kill.

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 Supervision of Known Sex Offenders in the Community: Monitoring Progress and Providing Feedback

Case management is the process by which most known sex offenders who live in the community are currently supervised. However, by itself, case management has been shown to have only a modest impact on rates of re-offending, and it is only when case work and/or treatment sessions are introduced, that the benefits become apparent. This paper considers how routinely collecting and feeding back standardized data about client progress towards supervisory goals can be integrated into the offender supervision and case management process. Based on methods that have been shown to be associated with enhanced outcomes in mental health, it is suggested that the implementation of feedback approaches have the potential to both enhance the case management process and improve the effectiveness of those policies which require it.

A Rational Approach To Sentencing White- Collar Offenders in Australia

There are no overarching (and few settled) principles governing the sentencing of white-collar offenders. This is especially the situation in relation to the relevance of public opprobrium to the sentencing calculus and the manner in which employment deprivations stemming from the penalty impact on the sentence. To the extent that there is general convergence in the approach to sentencing white-collar offenders, the approach is often not sound. This is the case in relation to the minor sentencing discount accorded for previous good character, and the prevailing orthodoxy which assumes that offences targeted at major institutions, such as banks, meaningfully impair community confidence in such institutions. Fundamental reform of the manner in which white-collar offenders are sentenced is necessary in order to make this area of law more coherent and doctrinally sound. These reforms include providing a significant and pre-determined discount for restitution, reducing the weight given to general deterrence in the sentencing calculus, and providing a greater discount for previous good character and employment deprivations suffered as a direct result of the sentence. Further, crimes against individuals should be regarded as being more serious than those committed against large corporations or the public revenue. The article focuses on the existing law in Australia, however, the reform proposals and doctrinal analysis could be applied to all jurisdictions.

Youth justice: challenges in responding to young people convicted of sexual offences

The clinical and criminological literature on adolescents who have committed sexual offences indicates that a pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. Yet each jurisdiction experiences difficulties in ensuring the provision of equitable and comprehensive therapeutic services, particularly to regionally or remotely located youth. This paper draws on data from a national study of the services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulty in providing services to regionally or remotely located adolescents, this paper identifies challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised services for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving sepcialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients. 

International sex offender registration laws : research and evaluation issues based on a review of current scientific literature

In many jurisdictions, anyone convicted of a sexual offense is required to register with police, often for life. Nine different countries have now implemented sex offender registries in an attempt to protect the public from the perceived threat posed by sexual offenders. Yet such laws have been criticized as being overly inclusive, tying up limited law enforcement resources to track many offenders who pose little risk of sexual reoffending. This paper considers the available research evidence relevant to the effectiveness of such laws for the deterrence of sexual offending and the investigation of sex crimes. It is concluded that significant gaps persist in our knowledge of whether existing laws effectively reduce sexual offending or reoffending and that large-scale, well-designed studies of the impact of sex offender registration on rates of offending, the collateral consequences to offenders and their families, and the costs of such laws are needed.

Professional views on the management of sex offenders in the community

Sex offender registration and community notification schemes form an increasingly important part of public policy relevant to the management of known sex offenders in the community. Critics of these policies not only point to the lack of empirical evidence that is currently available to support their impact on reoffending, but also the disproportionate and potentially iatrogenic effects that they have on offenders. However, there have been few attempts to understand these issues from the perspective of those practitioners who work on a daily basis with sex offenders in the community. These professionals are uniquely placed to contribute to an understanding of effective risk management and, as such, this article presents an analysis of the perspectives of a group of experienced practitioners and how this practice-based wisdom might inform the development of sex offender public policy.