First-time offender, productive offender, offender with dependents: why the profile of offenders (sometimes) matters in sentencing

Should a single mother of four young children who commits theft be sentenced to a lesser sanction than a woman who commits the same crime but has no dependents? Should a billionaire philanthropist be sentenced to a lesser penalty than the average citizen for assaulting a random bystander? Should a first-time thief receive a lighter sanction than a career thief for the same theft? The relevance of an offender’s profile to sentencing is unclear and is one of the most under-researched and least coherent areas of sentencing law. Intuitively, there is some appeal in treating offenders without a criminal record, those who have made a positive contribution to society, or who have dependents more leniently than other offenders. However, to allow these considerations to mitigate penalty potentially licenses offenders to commit crime and decouples the sanction from the severity of the offense, thereby undermining the proportionality principle. This article analyzes the relevance that an offender’s profile should have in sentencing. We conclude that a lack of prior convictions should generally reduce penalty because the empirical data shows that, in relation to most offenses, first-time offenders are less likely to reoffend than recidivist offenders. The situation is more complex in relation to offenders who have made worthy social contributions. They should not be given sentencing credit for past achievements given that past good acts have no relevance to the proper objectives of sentencing and it is normally not tenable, even in a crude sense, to make an informed assessment of an individual’s overall societal contribution. However, offenders should be accorded a sentencing reduction if they have financial or physical dependents and if imprisoning them is likely to cause harm to their dependents. Conferring asentencing discount to first-time offenders and those withdependents does not license them to commit crime or unjustifiablyencroach on the proportionality principle. Rather, it recognizes thedifferent layers of the legal system and the reality that sentencinglaw should not reflexively overwhelm broader maxims of justice,including the principle that innocent people should not suffer. Thisarticle argues that fundamental legislative reform is necessary toproperly reflect the role that the profile of offenders should have inthe sentencing regime.

Assessment and case conceptualization in sex offender treatment

The assessment of sexual offenders consists of the systematic collection of clinically relevant information in order to detect clinical phenomena or problems and to provide clear treatment targets. The result of this process is a conceptual model, or case formulation, representing the client’s various problems, the hypothesized underlying mechanisms, and their interrelationships. The focus of this article is on the importance of psychological assessment and case formulation in the rehabilitation and management of individuals convicted of sexual offences. First, we make a number of general points about the importance of evidence based assessment and clinical reasoning in case formulation. Second, we review key elements of contemporary sexual offender theory that highlights the heterogeneity evident among sex offenders and the implications for case formulation and treatment planning. Third, we discuss the role of case formulation for risk assessment and management. Finally, we illustrate our major points with a brief case study and conclude with a brief consideration of the value of case formulations.

Transitions to better lives : offender readiness and rehabilitation

The aim of this book is to describe, collate, and summarise a body of recent research, both theoretical and empirical, that explores the issue of treatment readiness in offender programming. The book is divided into three different sections.

The first section unpacks a model of treatment readiness and how it has been operationalised; the second section discusses how the construct has been applied to the treatment of different offender groups; and in the final section, some of the practice approaches that have been identified as holding promise in addressing low levels of offender readiness are discussed.

Recent research (N=9,305) underscores the importance of using age-stratified actuarial tables in sex offender risk assessments

A useful understanding of the relationship between age, actuarial scores, and sexual recidivism can be obtained by comparing the entries in equivalent cells from “agestratified” actuarial tables. This article reports the compilation of the first multisample age-stratified table of sexual recidivism rates, referred to as the “multisample age-stratified table of sexual recidivism rates (MATS-1),” from recent research on Static-99 and another actuarial known as the Automated Sexual Recidivism Scale. The MATS-1 validates the “age invariance effect” that the risk of sexual recidivism declines with advancing age and shows that age-restricted tables underestimate risk for younger offenders and overestimate risk for older offenders. Based on data from more than 9,000 sex offenders, our conclusion is that evaluators should report recidivism estimates from age-stratified tables when they are assessing sexual recidivism risk, particularly when evaluating the aging sex offender.

Human rights and dignity in offender rehabilitation

The concept of human rights is a moral (and legal) one that that is intended to safeguard provision of the social, economic, environmental, and psychological goods necessary for a dignified human life. Over the last 3 years, several papers on the implications of rights-based thinking for the assessment and treatment of offenders have appeared. In this paper, I draw from this work—in particular, the conceptual model developed by Ward and Birgden (2007)—and examine its practice recommendations and implications. First, I analyze the concept of dignity and its role in human rights thinking. Then the Ward and Birgden model of human rights is outlined and ethically justified. Finally, I discuss some of the major assessment and treatment consequences of this human rights approach.

Is offender rehabilitation a form of punishment?

This paper examines the consequences of the overlap between punishment and rehabilitation practices, and inquires into the implications for individuals who assess and treat offenders. More specifically, I make three claims concerning the relationship between offender rehabilitation and punishment. First, rehabilitation as it is commonly understood in the offending arena contains some components that meet the criteria for punishment, in the ethical sense of that term. It is also true that there are aspects of rehabilitation that are focused directly on assisting offenders to live better lives (higher levels of well-being) and therefore which do not meet the criteria for punishment. Second, there are a number of significant practice implications that follow from the hybrid nature of offender rehabilitation. Third, Duff's communicative theory of punishment (Duff, 2001) offers clinicians a stronger justification for the punishment aspects of rehabilitation than its retributive and consequential rivals.

The good lives model of offender rehabilitation : clinical implications

The major aim of the current paper is to expand on the practice elements of the Good Lives Model-Comprehensive (GLM-C) of offender rehabilitation and to provide a detailed examination of its assessment and treatment implications. First we discuss the notion of rehabilitation and the qualities a good theory of rehabilitation should possess. Second, the principles, etiological assumptions, and general treatment implications of the GLM-C are briefly described. Third, we outline in considerable detail the application of this novel perspective to the assessment and treatment of sexual offenders. Finally, we conclude the paper with a summary of the major benefits we envisage the GLM-C bringing to the rehabilitation of sexual offenders.

Good lives sexual offender treatment for mentally disordered offenders

Purpose – The main aim of this paper is to describe the content, structure and preliminary evaluation of a new Good Lives sexual offender treatment group (SOTG) for male mentally disordered offenders.

Design/methodology/approach – As evaluation and work on the SOTG is necessarily ongoing, case study descriptions of each patient who attended the SOTG and of their progress throughout SOTG are described.

Findings – Overall, the case study progress reports suggest that mentally disordered male patients made some notable progress on SOTG despite their differential and complex needs. In particular, attention to each patient's life goals and motivators appeared to play a key role in promoting treatment engagement. Furthermore, patients with lower intelligence quotient and/or indirect pathways required additional support to understand the links between the Good Lives Model (GLM) and their own risk for sexual offending.

Research limitations/implications – Further evaluations of SOTG groups, that incorporate higher numbers of participants and adequate control groups, are required before solid conclusions and generalisations can be made.

Practical implications – Practitioners should consider providing additional support to clients when implementing any future SOTGs for mentally disordered patients.

Originality/value – This is the first paper to outline and describe implementation of the GLM in the sexual offender treatment of mentally disordered male patients group format. As such, it will be of interest to any professionals involved in the facilitation of sexual offender treatment within this population.

Australian police officers' perceptions of sex offender registries

Sex offender registration schemes exist in most English speaking countries to assist police in the investigation of new crimes and to deter known offenders. To date, however, very little research has examined the efficacy of these registers. This study addresses this issue by providing the first qualitative analysis of police officers' perceptions of registration schemes. Twenty-four Australian police professionals (whose jobs were primarily associated with the operation of sex offender registration schemes) participated in focus groups in groups of 2–5 officers. Officers were recruited across three jurisdictions where quite distinct registration schemes operated. They were asked to reflect on how their register operates, how effective and efficient it is, the challenges faced in its administration and how the registry process might be improved. The key challenges addressed included; limitations in risk assessment expertise, restriction in legislative powers, and inadequate opportunity for specialisation. The implications for current practice are discussed.

Police officers' perceptions of interviewing offenders on sex offender registries

Police interviews with offenders form an important component of the sex offender registry monitoring process. This study provides an analysis of police professionals’ perceptions of the benefits and process of interviewing offenders on sex offender registries. Participants were a heterogeneous sample of 24 Australian police personnel whose roles were primarily associated with the operation of sex offender registries across three different jurisdictions. Participants’ perceptions of sex offender registry interviews were elicited using non-directive prompts in focus groups of between two and five officers. Transcripts of these focus groups were analysed andkey themes identified. Reported benefits related to the identification and correction of misunderstandings about registry requirements and elicitation of information to assist ongoing management and investigation of new offences. Further, establishing a sound relationship enabled proactive support of the offender in his/her attempt not to re-offend. Interview procedures emphasised the importance of genuine engagement and a relationship based on trust. The findings highlighted several challenges to interviewing and directions for further training, support and research. Participants’ responses underscore the significant role that interviews play in the effective implementation of sex offender registries and emphasise the need for successful engagement of offenders during these interviews to improve the utility of registry schemes. This was the first study to examine the strengths and challenges of interviewing offenders on the registry from a policing perspective.

Linking positive psychology to offender supervision outcomes: The mediating role of psychological flexibility, general self-efficacy, optimism, and hope

This study examines the relationships between indicators of offender supervision outcomes and dimensions of positive psychological states (PPS). Results of a confirmatory factor analysis (CFA) revealed that the first-order positive psychology constructs converge to form a higher order construct of PPS which was inversely associated with supervision outcomes. Furthermore, the mediating effect of PPS on the relationship between criminogenic risk factors and all offender supervision outcome variables was statistically significant, suggesting that offenders with heightened PPS are likely to have fewer criminogenic risk factors and are less likely to be reported for technical violation, charged, reconvicted, and imprisoned. The implications of these findings for correctional theory, practice, and policy conclude the article.