352 resultados para convicted offenders


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Community reintegration of ex-prisoners is an important issue in efforts to reduce recidivism. The present study examined the multiple, complex, and dynamic nature of variables influencing successful reintegration by assessing the type and degree of change in reintegration variables over time. Participants were 79 adult prisoners (54 male, 25 female) who completed a prerelease questionnaire 1 month before their release, which focused on prison-related variables, participant background, and anticipated conditions upon release. A postrelease questionnaire was administered to the same participants at 1-4 weeks and 3-4 months postrelease, focusing on the quality of life conditions experienced following release. Results indicate that current health ratings and several indicators of drug use were significantly different over the three measurement phases. Ratings of employment and housing stability, finance, and social support were unchanged over the postrelease period. Theoretical implications of the present investigation for reintegration theory are discussed, together with practical applications.

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Despite the popularity of reintegrative shaming theory in the field of criminology, only a small number of studies purporting to test it have been published to date. The aim of the present study, therefore, is to provide an empirical test of Braithwaite's (1989; Braithwaite and Braithwaite 2001) theory of reintegrative shaming in the white-collar crime context. The data on which the study is based came from survey data collected from a group of 652 tax offenders. Consistent with predictions, it was found that feelings of reintegration/stigmatization experienced during an enforcement event were related to reoffending behaviour. Those taxpayers who felt that their enforcement experience had been reintegrative in nature were less likely to report having evaded their taxes two years later. Consistent with Braithwaite and Braithwaite's (2001) hypotheses, shame-related emotions were also found to partially mediate the effect of reintegration on subsequent offending behaviour. Implications for the effective regulation of white-collar offenders are discussed.

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Within the multi-disciplinary team concerned with child and adolescent development, speech pathologists are uniquely positioned to understand the nature and overall developmental significance of language acquisition in childhood and adolescence. Other disciplines contribute valuable insights about psychosocial development during the childhood and adolescent years. The field of developmental psychology, for example provides a large and convincing body of evidence about the role of academic success as a protective factor against a range of psychosocial harms, in particular substance misuse, truancy, early school leaving, and juvenile offending. In this paper, we argue that juvenile offending embodies the notion of "adolescent risk", but in Australia in particular, has been under-investigated with respect to possible associations with developmental language disorders and subsequent academic failure. We present findings pertaining to a sample of 30 male juvenile offenders completing community based orders. Performance on a range of oral language processing and production skills was poorer than that of a demographically similar comparison group. Our results confirm the need to conceptualize language within a broader risk and protective framework. We therefore emphasize the public health importance of early language competence, by virtue of the psychosocial protection it confers on young people with respect to the development of prosocial skills, transition to literacy and overall academic achievement. We argue that speech pathologists are best positioned to advocate at a policy level about the broader public health importance of oral language competence.

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For an offender to be convicted in relation to repeated child abuse, most jurisdictions require that each separate act be identified with reasonable precision with reference to time, place, or some other unique contextual detail (S v. R, 1989). The current study provided a qualitative examination of the way in which police officers assist children to identify and distinguish between occurrences of a repeated event. Field, as well as mock interviews (about an innocuous staged event) were examined, with child witnesses' ages ranging from 3 to 16 years. Overall, several problems in the questioning were highlighted. These included: over-reliance on specific questions, use of 'labels' for occurrences without inquiring as to whether these were unique, and frequent shifting of the focus between occurrences. The implications of these findings are discussed.

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This paper outlines the current literature on what is known about the processes by which individuals utilize the Internet for child sexual abuse. First, three ways in which the Internet is utilized are outlined: (1) by dissemination of sexually abusive images of children for personal and/or commercial reasons; (2) by communication with other individuals with a sexual interest in children: and (3) by maintaining and developing online pedophilic networks. Second, content and availability of abusive images are described, and the difficulties faced by criminal justice agencies in both the definition of abusive images and their prohibition is discussed. Third, the potential for offenders to ‘cross-over’ from online offenses to contact sexual victimization of children is examined and placed within a context of various Internet offender typologies that have been developed. Finally, implications of this body of research for law and public policy are considered.

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Higher education recruitment principles and procedures which seek to redress social exclusion have inadvertently resulted in the authors discovering that some of their students are incarcerated. Notwithstanding the important logistical issues which may emerge as a consequence of accepting prisoners into a programme of social work education, it would seem that the inclusion of prisoners is symbolic of a fundamental difference in philosophy with a risk management stance which expects that social work educators act as gatekeepers to the profession, especially in respect of students with criminal convictions.

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Community protection from offenders is addressed through punishment, deterrence, incapacitation, and/or rehabilitation. The current public policy debate about community protection refers to community rights as opposed to offender rights as if the two are mutually exclusive. However, in this article it will be argued that offender rehabilitation can enhance community protection if it addresses community rights and offender rights. The author proposes a normative framework to guide forensic psychologists in offender rehabilitation. The normative framework considers psychological theory—the risk-need model to address community rights and the good lives model to address offender rights. However, forensic psychologists operate within the context of the criminal justice system and so legal theory will also be considered. Therapeutic jurisprudence can balance community rights and offender rights within a human rights perspective. The proposed normative framework guides forensic psychologists in the assessment of risk, the treatment of need, and the management of readiness in balancing community rights and offender rights. Within a human rights perspective, forensic psychologists have a duty to provide offenders with the opportunity to make autonomous decisions about whether to accept or reject rehabilitation.

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A long standing debate has existed between those who believe deterrence-based enforcement strategies work for gaining compliance from offenders and those who believe gentle persuasion and cooperation is more effective. This article is concerned with the issue of how to best deal with offenders so as to increase support for the law and lower the rate of subsequent re-offending. Using survey data from 652 taxpayers who have been through an enforcement experience with the Australian Taxation Office, the present study will show that depending on how an enforcement experience is perceived by offenders (as either stigmatic or reintegrative in nature) can influence the feelings of resentment they experience, but more importantly these feelings of resentment mediate the effect of punishment on subsequent compliance behaviour. In other words, it is these feelings of resentment in response to disapproval that go on to predict who will and will not comply with their subsequent obligations under the law.


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Criminologists assert that some offenders exhibit impulsive behaviour. If this is correct then this impulsiveness will manifest itself through high discount rates. However discount rates are difficult to observe and measure. In this paper a methodology is proposed, which considerably reduces the complexity of this task, through observing the offender’s actual plea decision. This is a valuable exercise because the results can be usefully utilised in formulating policy as well as providing insights into offender psychology.

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In this article we examine the idea of expanding structured clinical judgement from primarily offender variables to a broader framework in which environmental (including staff) variables are given equal consideration in a comprehensive risk appraisal conducted for risk management purposes of intellectually disabled individuals. It is posited that only by contextualizing the individual's risk within environmental variables can an accurate portrayal of current dynamic risk (and hence the management of that risk) be construed.

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Recently Andrews and Dowden (2007) published an article proposing that both offender and victim well-being could be enhanced by utilizing the risk–need–responsivity model to guide the legal and court systems in crime prevention (rather than therapy). Consequently, crime-prevention jurisprudence (defined as a law-and-justice objective reflecting the language of personality and social psychology) was proposed as an alternative to therapeutic jurisprudence (defined as a mental-health objective reflecting the clinical language of forensic mental health). The authors erroneously claim that therapeutic jurisprudence is a mental-health concept whose aim is to provide therapy that improves well-being in offenders rather than to demonstrate concern for victims. In fact, therapeutic jurisprudence is a legal concept that utilizes social-science knowledge to highlight the therapeutic and anti-therapeutic impacts of the law, legal procedures, and legal roles on all individuals, including victims. This article will respond to Andrews and Dowden by challenging three assumptions they make regarding the role of therapeutic jurisprudence. This response concludes that the focus of offender rehabilitation should be on enhancing community protection by balancing offender rights and victim rights. Therapeutic jurisprudence already provides such a framework and, therefore, the promise of crime-prevention jurisprudence fails to add value.

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Our aim in the special issue is to address some of the more abstract and fundamental ethical problems evident in the criminal justice system and to inquire into their significance for those individuals who assess and deliver rehabilitation programs to offenders. In order to provide an appropriate theoretical framework for an investigation of ethical concerns in the forensic and correctional practice domains, we first outline an ethical framework that is intended to help practitioners reflect systematically on their practice [Ward, T., & Syversen, K., (2009). Vulnerable agency and human dignity: An ethical framework for forensic practice. Aggression and Violent Behavior, 14, 94–105]. Second, we explicitly examine the relationship between two normative frameworks evident within the criminal justice system, punishment and rehabilitation, and inquire into their relationship. Finally, we briefly describe each of the papers comprising the special issue.

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ObjectivesRisk assessments provided to judicial decision makers as a part of the current generation of legislation for protecting the public from sexual offenders can have a profound impact on the rights of individual offenders. This article will identify some of the human rights issues inherent in using the current assessment procedures to formulate and communicate risk as a forensic expert in cases involving civil commitment, preventive detention, extended supervision, or special conditions of parole. MethodBased on the current professional literature and applied experience in legal proceedings under community protection laws in the United States and New Zealand, potential threats to the rights of offenders are identified. Central to these considerations are issues of the accuracy of current risk assessment measures, communicating the findings of risk assessment appropriately to the court, and the availability of competent forensic mental health professionals in carrying out these functions. The role of the forensic expert is discussed in light of the competing demands of protecting individual human rights and community protection. ConclusionActuarial risk assessment represents the best practice for informing judicial decision makers in cases involving sex offenders, yet these measures currently demonstrate substantial limitations in predictive accuracy when applied to individual offenders. These limitations must be clearly articulated when reporting risk assessment findings. Sufficient risk assessment expertise should be available to provide a balanced application of community protection laws.

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The study of risk for sexual recidivism has undergone substantial development in recent years. The foundation for advances in this area has been the use of actuarial measures to identify subgroups of offenders with different observed rates of sexual re-offending over time. An unresolved issue within this research area has been the moderating function of age in the assessment of risk. The current study examined sexual re-offending as a function of age and actuarial risk in a large sample of sexual offenders released from prison between 1990 and 2004. There was an overall decrease in the rate of sexual re-offending over the age of 50. However, a small group of offenders from the higher actuarial risk categories of the older age groups continued to re-offend at higher rates than their lower-risk peers.