Affect, emotions and sex offending

The role of emotional and other affective states as causes and consequences of sexual offending is emerging as an important area for theoretical analysis and for empirical research. In this paper we focus on whether affective and emotional states serve as causal antecedents for sexual offending. Firstly, we identify five sources of evidence relating to whether emotion is causal. We conclude that the evidence broadly supports the notion that a causal relationship exists, at least for some offenders. We then address attempts to identify mechanisms to explain how such effects are mediated. Finally we discuss the implications of this work for therapeutic interventions with sex offenders.

An empirical study on the relationship between intellectual ability and an understanding of the legal process in male remand prisoners

Research conducted in Australia and around the world in the last decade has shown that people with significant intellectual impairments are over-represented in all areas of the criminal justice system. They are particularly over-represented in remand populations appearing before court. Previous research has suggested that as many as one-quarter of offenders facing sentencing in court have difficulty in understanding court procedures and it is suspected that a majority of these individuals suffer a significant intellectual impairment. The purpose of this study was to establish whether remandees with significant intellectual impairments (IQ < 70) have an accurate understanding of the court system. Seventy-four remand prisoners took part in the study. Remandees with an IQ of less than 70 demonstrated a significantly poorer understanding of the court system than those remandees with an IQ of 70 and above. The implications of these results are discussed in relation to the need for law reform and diversionary practices for this population of remandees.

The multifactor offender readiness model

There has been a resurgence of interest in the rehabilitation of offenders. Research has consistently shown that rehabilitation programs for offenders, when they adhere to general principles of program design and delivery, will achieve significant reductions in recidivism. In this paper, we suggest that even greater reductions in recidivism can be achieved when readiness is addressed at the level of the individual offender, the program, and the context. A comprehensive understanding of readiness allows for fuller engagement in treatment, thus increasing probability of good treatment outcomes. We describe person, program, and context factors in a model of offender treatment readiness and discuss implications of the model for both assessment of offenders and for modification of low readiness.

Assessing offender readiness to change problems with anger

It is widely acknowledged that offender rehabilitation outcomes can be improved by attending to responsivity issues, including the readiness and motivation of offenders to undertake and engage in treatment. The measurement of responsivity, readiness and motivation in offenders, however, has received relatively little research attention. In this paper we focus on anger management programmes and evaluate the utility and psychometric properties of a measure of stages of change in relation to changing anger - the Anger Readiness to Change Questionnaire (ARCQ). Using data from a large sample of offenders undergoing anger management interventions, we investigated the construct validity, convergent validity and predictive validity of the ARCQ. We conclude the ARCQ may have utility as a measure for selecting offenders who are suitable for anger management interventions.

Evolving nature of fraud investigation and prevention

This thesis is concerned with the evolution of fraud investigation and prevention in light of the advances in computing technology. These recent advances have impacted upon traditional fraud offences as well as creating a range of new crimes. The financial significance of fraud is growing whereas law enforcement and the judicial system appear to be unable to meet the demands of these emerging crimes and its victims. This research compares the responses of our present and future investigators with those of our current business leaders from the government and the commercial sectors. This research establishes the needs of corporate decision-makers and the attitudes of police with regard to fraud. Data relating to persons arrested and convicted of fraud was also analysed to identify the issues that may be responsible for the non-reporting of offences to police by victims. The research found that victims are seeking solutions that are not available through law enforcement, for example financial compensation. Law enforcement also under-utilises the potential of proactive responses to prevent offences and they are reluctant to acknowledge the benefits of preventative measures and to incorporate this strategy within criminal investigation training programmes. The lack of deterrence offered by the judicial system does not make the situation any better. The police function is still primarily a reactive one. In order to overcome fraud and to be able to adapt to changes there needs to be collaboration between stakeholders. This requires a joint effort from the police, government, commerce and the victims of fraud. An innovative model involving stakeholders has been formulated that represents an alternative to the current system. This approach utilises the financial resources and expertise from the commercial sector as well as the skills of criminal investigators from the police. This means adopting a combined package of both reactive and proactive measures in order to minimise the impact of fraud. This model will be adaptive and will be able to accommodate any future requirements arising out of further inevitable advances in computer technology.

The construction of the racially different indigenous offender

The over‐representation and increased growth of Indigenous offenders in all Western criminal justice systems is longstanding and undeniable. In 2006 Victoria’s Koori offenders were 12 times more likely to be sentenced to a custodial or community sanction than non‐Koori people. Similarly, in New Zealand, Maori men account for 50 percent of the prison population but only 12.5 percent of the general population. Yet, it was not until the 1990s that the issues of Indigenous over‐representation or expanding Indigenous offender populations began to be presented as a problem within the correctional literature. This paper will explore the parameters of these ‘problems’, and present the following three arguments: (1) the issues of over‐representation was constructed within the correctional literature as a symptom of the different nature of Indigenous offending; (2) the different nature of Indigenous offending was in turn constructed as a problem of race; and (3) this construction of Indigenous offending is consistent with the contemporary constitution of mainstream offending behaviour. In concluding, this paper will discuss the implications of the emergence and sustained production of this figure of the Indigenous offender in relation to the capacity of criminologists to reconceptualise Indigenous offending.

Theoretical passages and boundaries : the indigenous subject, colonialism, and governmentality

Theoretical paternalism and the convenience of working within ‘accepted’ frameworks have appropriated the Indigenous subject within the boundaries of colonial relations. The establishment of post-colonial theory as one of the only ‘acceptable’ frameworks for exploring the Indigenous subject has limited the subject’s theoretical development within the binary of coloniser/colonised. Breaking from this tradition, the Foucauldian concepts of governmentality, ethics and care-ofthe-self will be used as a template for expansion. This paper will explore the passages of the Indigenous subject in theoretical development. It will examine the significance of post-colonial and settler colonial theories in the conceptualisation of the subject, and consider the transformations that occur when the borders established by these theories are crossed. The paper will therefore be comprised of four sections. The first will address the value and limitations of post-colonial and settler colonial theory. The second will posit reasons and implications for why theoretical neglect has occurred. The third will present and critique the Foucauldian concepts of governmentality, ethics and care-of-the-self. Applying Foucault’s concepts to examples of Indigenous offenders in the settler societies of Australia and New Zealand, the final section will examine the impact of the Indigenous subject in Western thought and institutional practice.

Clinical and demographic differences between sexually violent predators and other commitment types in a state forensic hospital

Sexual offenders who are involuntarily civilly committed to a secure state hospital as Sexually Violent Predators (SVPs) appear to differ significantly from other current patient populations. Demographically, SVPs are older and more predominantly Caucasian than other patients. They are less frequently psychotic than patients committed under other state statutes such as those found incompetent to stand trial, not guilty by reason of insanity and mentally ill prison transfers. Another salient dimension which distinguishes SVPs is the degree of psychopathy observed in these patients. As a group, SVPs display only slightly higher levels of psychopathy than other patient groups as measured by the revised Psychopathy Checklist. Yet when considered by offender type, rapists are found to have significantly higher average psychopathy scores than other patients, while child molesters are assessed as having lower average psychopathy scores than most other patient commitment categories.

Viewer characteristics, film context and habituation/desensitisation to filmed violence

This thesis comprises three studies aimed at examining viewers' responses to filmed violence. The first focused on habituation, the second desensitisation and the third compared the paradigms. Results indicated that several factors influence how an individual responds to filmed violence and provide some insight into the impact of repetitive exposure to media violence. The portfolio presents four case studies emphasising the difficulties for assessing risk and associated interventions in the client population of individuals found not guilty because of mental impairment. This as an area of fundamental discord between psychology and law.

How the public perceive stalking

The study demonstrated that the context and frame placed on behaviour are significant in whether the behaviour was perceived as stalking. It was argued that stalking laws that have strict intent requirements are more robust against misuses of the law brought about by differences in individual's perceptions. The portfolio investigated the current assessment and treatment practices of individuals who have been convicted of stalking within Victoria. Four case studies are presented.

Pathways to sex offending

The research of the thesis aimed to contribute to the theoretical understanding of the various pathways that offenders follow in committing sexual offences. Using grounded theory a theoretical model was generated which described four major pathways to sexual offending. Quantitative analyses revealed that offenders who take different pathways differ significantly in respect of their risk of recidivism, demographic variables, rape myth acceptance and aggression. The portfolio considered the limitations of sex offender treatment programs for treating sex offenders with histories of childhood sexual abuse and presented four case studies.

Violent offending : the efficacy of a unitary and transtheoretical intervention

Examines "best practice" in reducing recidivism. Compares two interventions for violent offenders, and examines whether their different theoretical orientations (unitary or transtheoretical) affected program efficiency. Although the transtheoretical intervention was more efficacious, insufficient adherence to best practice principles within implementation of both programs significantly impinged upon program success.

Female-perpetrated child sexual abuse

Research has shown that female-perpetrated child sexual abuse is under-recognised. Three studies were undertaken concerning victims' experiences, professional perspectives and court sentencing transcripts. These studies found that victim impact was significant; professionals considered the phenomenon less serious than male sexual offending; and that female sexual offenders were dealt with less harshly than male offenders within the criminal justice system. The portfolio examines four case studies concerning adult females who have reported a history of child sexual abuse within the context of a dual-diagnosis counselling agency and investigates both psychological and behavioural difficulties revealed by each of the young women.

The age of criminal responsibility

In recent times there have been claims that the sentencing of serious juvenile offenders does not reflect community sentiment and legal policies are based on outdated ideas about adolescent development. The findings of this thesis call into question the suggestions that the law's assumptions about the development of competence is out of step with community attitudes and developmental research. The professional portfolio examines several hypotheses that have been generated to explain why disabled individuals engage in sexually inappropriate behaviour. It also highlights the importance of exploring the aetiology of this behaviour. Four case reports are presented.

Questioning deterrence policies in the mandatory detainment of asylum seekers

This thesis examined Australia's policy of mandatory detention of asylum seekers which is based on the theoretical premises that they are rational actors who have choices, and that mandatory detention will serve as a deterrent. Interviews with asylum seekers did not support these underlying assumptions, suggesting that a re-examination of Australia's policies is required. The professional portfolio evaluates the Ward & Hudson (1998) model of the offending child molestation process which is believed to account for the differences in goals, affective states and planning among sexual offenders, and consequently determine an individual's treatment needs. Four case studies are presented and analysed.