Categories Of Offenders Research Articles

Categories of white-collar offenders based on the theory of convenience

PurposeThis paper aims to make a contribution to the offender-based perspective when researching white-collar and corporate crime. Previously, the offender-based perspective has emphasized general characteristics of actors such as social and occupational status, respectability and power.Design/methodology/approachThis paper presents categories of offender types in their roles when offending.FindingsBased on the theory of convenience with 14 convenience propositions along three dimensions, it is possible to identify eight offender categories.Research limitations/implicationsAlternative theories for identification of offender categories might be applied in future research to compare with categories presented in this paper based on convenience theory.Practical implicationsThese offender categories are labeled opportunist, illusionist, manipulator, ignorer, defender, reactionist, rescuer and controller.Social implicationsThe offender-bases rather than the offence-based perspective is needed to increase law enforcement understanding of white-collar and corporate crime.Originality/valueWhen researchers study the extent of seriousness of white-collar and corporate crime in the future, it is suggested that they use such labels to distinguish between serious and less serious offenders.

Minority, cause of general differences in the application of criminal treatment

This article deals with the particular aspects regarding the criminal treatment that applies to a special category of offenders, namely the category of juvenile offenders.
 Beyond any attempt by society to involve in educating man from the earliest age, his antisocial manifestation is a reality of contemporary society and society in general, since ancient times.
 An unexpected violence on the part of a child, seemingly harmless, always produces a surprise effect, often associated with some form of misunderstanding on the part of the child of what he has manifested.
 To the child, the adult associates an image of purity and innocence.
 Unfortunately, at the level of objective reality, things are not always like that, so an important segment among children, minors, is drawn into a complex and extremely harmful phenomenon for society, the criminal phenomenon.
 Although part of the general criminal phenomenon, the criminality of minors raises some special problems within the penal legislation, completely different from those concerning the criminality of adults. This aspect is determined by the special quality of the criminal, that of a child, a minor.
 In this article, we will address the particular aspect of the quality of a minor in order to observe that minors benefit from a distinct criminal treatment compared to adults, when they intentionally or accidentally enter what is called the field of criminal law.

A New Classification of Sexual Homicide Offenders: When the Heterogeneity of Types Allows the Detection of Potential Serial Offenders

The aim of this study was to detect nonserial sexual-homicide offenders whose profile indicates a potential to become serial sexual-homicide offenders. Two Two-Step Cluster Analysis were performed, one for the nonserials ( n = 87), and one for the serials ( n = 33). Six types of sexual murderers were identified: four types of nonserials ( sexual nonsadistic, sadistic, angry, and sexual opportunistic), and two types of serials ( severe sadistic and psychopathic). These analyses indicated a perfect match between the sadistic and the severe sadistic. The identified types were subjected to comparative analyses (Chi-Square, Kruskal-Wallis, and Mann-Whitney U tests) based on modus operandi characteristics and were compared to previous sexual-offender typologies.

The proactive-reactive classification of intimate partner violence offenders: A multi-method approach to classification.

Men who commit violence against an intimate partner differ in their motives. Classifying the proactivity of men's partner violence may reveal important differences that could be treatment targets. To examine the differences between proactive and reactive partner violence based on coded descriptions of past violent events. Community cohabiting couples reporting intimate partner violence were recruited via advertisements. Men and women were independently interviewed about past male-to-female violent events. The narratives of a male perpetrator and a female victim were coded using a Proactive-Reactive coding system, yielding three categories of violence: reactive, mixed proactive/reactive and proactive. The three categories were compared for differences in personality disorder features, attachment, psychophysiological reactivity during a conflict discussion task, and a self- and partner report of men's proactive and reactive aggressive tendencies. The results revealed a 54% classification agreement between perpetrator and victim reports. No differences were found on personality or attachment measures between the groups regardless of gender of the reporter. Reactive violence was related to a tendency to self-report more reactive aggression and higher heart rate reactivity during a laboratory conflict discussion compared to the group reporting both proactive and reactive violent incidents. This study suggests that a coding system for intimate partner violence can be applied to community volunteers, and it is a reliable report and valid. However, there are discrepancies when the coding is based on the perpetrator or victim reports.

Tax Evasion and Benefit Fraud: A Study of the Use of Techniques of Neutralization

ABSTRACT This article examines the techniques of neutralization (ToN) used by tax evaders and benefit fraudsters in the Aotearoa New Zealand justice system. Using data from court sentencing notes, we code our data into ToN to provide insights into the different excuses and justifications that are used by the two different offender categories. We find overall greater use of ToN by tax evaders (in number of use and in number of kinds), along with greater use of ToN that are legislated mitigating factors, such as claims of a good character. Good character was among the least used ToN among benefit fraudsters. We found limited commonality among the ToN used, with benefit fraud cases more likely to reference anti-social factors (e.g. drugs, gambling, violence or alcohol). Tax offenders were more likely to claim the act was anomalous, while benefit fraudsters were more likely to focus on excusing factors, such as physical or mental health. Tax evaders were also more likely to deny injury from their actions, while a higher proportion of benefit fraudsters were actively making reparation for their offending, despite financial necessity being a common ToN for the offending. Overall, the ToN used by tax evaders supports the literature that suggests that tax evaders, as white-collar criminals, are better able to exploit their existing advantage in the justice system than their benefit fraudster counterparts.

“I feel your fear”: superior fear recognition in organised crime members

ABSTRACT Individuals who deviate from social norms by committing crimes may have reduced facial emotion recognition abilities. Nevertheless, a specific category of offenders – i.e. organised crime (OC) members – is characterised by hierarchically organised social networks and a tendency to manipulate others to reach their illicit goals. Since recognising emotions is crucial to building social networks, OC members may be more skilled in recognising the facial emotion expressions of others to use this information for their criminal purposes. Evidence of a difference between OC and non-organised crime (NOC) offenders in terms of facial emotion recognition is still lacking. To fill this gap in the literature, we tested 50 OC, 50 NOC offenders, and 50 non-offender controls for their ability to identify six basic emotions (happiness, sadness, fear, anger, disgust, and surprise). All participants underwent a cognitive and psychological evaluation to avoid alternative explanations. Results show that OC members were more able to detect the expression of fear in others as compared to NOC. We interpreted this finding in light of the social context and the behavioural criminal attitude of OC members.

Special means in police activity: a new concept

The article is devoted to a theoretical study of the problems of legal regulation of the use of special means by police officers during the performance of official duties. The analysis was carried out and the general characteristics of the existing classification of special means, the interpretation of the normative-legal definition of the methods of their implementation, and the lack of a unified view of these elements of official activity were noted.
 It is noted about the peculiarities during the introduction of martial law of the service and service-combat activities of the police, which consist in the possibility for its employees to use any improvised means in a special capacity and to ignore the general rules (order and conditions) of application in cases of the need to repel an attack or detain a person and elimination of danger in a state of extreme necessity regarding a certain category of offenders: persons participating in armed aggression against Ukraine. It is emphasized that an official interpretation of such a right is required in the field of application of special means.
 It was determined that special means are used mainly within the scope of police powers, either preventive (inadmissibility of injuries) or coercive (maximum lethal consequences, disabling of personnel and military equipment). But some of the provided means have a combined scope of application, and during the period of martial law they can change their purpose depending on the situation of use, which requires a review of the affiliation of certain special means to coercive ones. The problems of the ambiguity of enlisting service animals as coercive police measures, as well as the lack of certainty among special means that allow the exercise of official powers, such as those belonging to mandatory tactical medical equipment, are highlighted. This will make it possible to harmonize the terminology used in the relevant law ("medical", "pre-medical", "non-medical" assistance).
 The validity of a conceptually and fundamentally new approach to the existing system of special means, which are used or used for the performance of police powers, is determined, and its improvement is a promising direction of law-making.

More similar than different? Examining prison infractions and recidivism among female and male white-collar offenders

PurposeFemales and males travel different (i.e., gendered) paths into the criminal justice system and prison that are reflective of differences in socioeconomic status and degree of economic marginalization. Heretofore, assessments of the prison experience between the sexes have failed to account for differences in offense type (e.g., white-collar vs. non-white-collar) prior to incarceration—the effects of which could theoretically increase or decrease the likelihood of institutional maladjustment and reoffending. MethodsWe examine this possibility with a series of logistic regression models using a large sample of male and female offenders incarcerated for various white-collar and non-white-collar offenses in the Ohio state prison system. ResultsWith few exceptions, we observed more similarities than differences between female and male white-collar inmates across outcomes of interest (e.g., misconduct and recidivism), especially when compared to females and males incarcerated for other (i.e., non-white-collar) offenses. ConclusionsTheoretical and practical implications are discussed and directions for future research are given, particularly as they relate to the gendered pathways and white-collar crime literature as well as offender classification.

Exploring trajectories of offender harm: An alternative approach to understanding offending pathways over the life-course

PurposeContemporary life-course research predominantly classifies offenders according to patterns of offending volume over time, however it is not clear how useful these classifications are for identifying the most harmful offenders. The current study uses a novel methodology to explore trajectories of offending harm over the early life course, drawing on longitudinal offending data for an Australian birth cohort. MethodsCrime harm values from the modified Western Australian Crime Harm Index were applied to major offence types evident among offenders in the cohort (N = 27,079), from ages 10 to 30 years. Group-based trajectory modelling (GBTM) was applied to both to offences and harm values to determine discernible trajectories of offending and harm. ResultsGBTM analyses indicated four distinct harm trajectories in the cohort: early adult peak high harm (1.6%); adult escalating harm (4.4%); declining moderate harm (5.9%); and low harm (88.2%). Low volume offenders comprised the largest number of offenders in the higher harm groups, while among chronic offender groups the profile of harm was very mixed. ConclusionsThis study finds that the traditional offender classifications do not effectively identify high-harm offenders. Findings are discussed with respect to life-course conceptualisations of offender pathways and challenges in identifying high harm offenders.

397 Factors needing attention to implement effective drug treatment in community correctional in Puerto Rico

OBJECTIVES/GOALS: The complex health profile of those supervised by community corrections places them at a greater risk of morbidity and mortality from social disruption, infection, and of substance misuse, relapse, and overdose. This study aims to explore individual and social determinants of SUD and treatment utilization for this population. METHODS/STUDY POPULATION: A secondary data analysis was conducted using an administrative database from the Department of Corrections of Puerto Rico (DoC-PR) that included individuals under community supervision between 2015 and 2018 (N=13,163). Two logistic regression analysis were performed to predict SUD and SUD treatment utilization. The predictors included in the models were: a) age, b) gender, c) civil status, d) education level, e) employment status, f) income, g) number of dependents, h) housing zone, I) type of crime, j) offender classification k) community sentence classification, and k) sentence duration. RESULTS/ANTICIPATED RESULTS: A total of 4,531 cases (34.4%) were identified with an SUD and of these 79.2% were enrolled in treatment. Significant predictors of SUD included a parole sentence (vs probation), commission of felony, decreasing sentence duration and recidivism. Significant demographic variables include, male, single, younger age, unemployed, residing in an urban zone and decreasing income. Significant predictors for SUD treatment utilization were a probation sentence, older age and residing in a rural zone. Mandated treatment may explain a higher likelihood of treatment utilization, yet prevalent modalities consist of residential abstinence based, non-professionalized services known to have poor treatment outcomes. The current data set does not include follow up data to assess changes in treatment utilization. DISCUSSION/SIGNIFICANCE: We should aim to prevent health and social disparities and risk of sentence revocation associated with interventions that lack evidence to support their effectiveness. Next steps should address challenges and opportunities for the adoption of EBPPs for individuals with an SUD under community corrections supervision.

The Politics of ʿUmar b. al-Khaṭṭāb and Zinā-Stoning

Abstract This article examines several versions of a report in which ʿUmar b. al-Ḫaṭṭāb makes a public statement asserting the lawfulness of stoning as punishment for a category of offenders convicted of unlawful intercourse. The article also analyzes certain versions of a report in which ʿUmar makes a public declaration that the acclamation of Abū Bakr as caliph was legitimate despite the process being unexpected and in haste. The author argues that the motif of ʿUmar as having made a public statement about the validity of stoning drew upon a motif about his public declaration regarding Abū Bakr’s caliphate. The association between these two motifs may have been part of a strategy to link, under the purview of ʿUmar’s authority and reputation for insulating the community against internal crisis, the settling of one contentious matter (the legitimacy of stoning) with another (the legitimacy of Abū Bakr’s caliphate).

A Model for Predicting the Class of Illicit Drug Suspects and Offenders

In this study, the artificial neural network was deployed to develop a classification model for predicting the class of a drug-related suspect into either the drug peddler or non-drug peddler class. A dataset consisting of 262 observations on drug suspects and offenders in central Nigeria was used to train the model which uses parameters such as exhibit type, suspect’s age, exhibit weight, and suspect’s gender to predict the class of a suspect, with a predictive accuracy of 83%. The model sets the pace for the implementation of a full system for use at airports, seaports, police stations, and by security agents concerned with drug-related matters. The accurate classification of suspects and offenders will ensure a faster and correct reference to the sections of the drug law that correspond to a particular offence for appropriate actions such as prosecution or rehabilitation.

Online child pornography offender risk assessment using digital forensic artifacts: The need for a hybrid model.

The prevalence of online child pornography is a major societal issue. The criminal justice system has struggled with assessing the risk of individuals involved in online sexual offenses against children, especially when it involves the possession of child pornography. Research suggests there are different categories of offenders involved in this type of behavior (e.g., Online Child Pornography Offenders, Dual Offenders, Contact Offenders), with each category having different motivations, contributing factors, and levels of risk to re-offend or escalate their criminal behavior to more serious offenses (i.e., collecting pictures to contact offending). Determining the risk that individuals involved in online sexual offenses against children pose to re-offend or escalate their criminal behavior has been problematic. Traditional sexual offender risk measures have lower predictive validity when dealing with online child pornography offenders. This article discusses the need for a formalized hybrid risk assessment model that combines the current online sex offenses against children risk measures with digital forensics artifact analysis. The evidence derived from digital forensics artifact analysis can supplement the predictive risk factors obtained from these risk assessment tools, thus increasing the reliability and validity of the risk assessment.

Survival of the Recidivistic? Revealing Factors Associated with the Criminal Career Length of Multiple Homicide Offenders

Relying on a sample of 1,381 US-based multiple homicide offenders (MHOs), we study the duration of the careers of this extremely violent category of offenders through Kaplan–Meier estimation and Cox Proportional Hazard regression. We investigate the characteristics of such careers in terms of length and we provide an inferential analysis investigating correlates of career duration. The models indicate that MHOs employing multiple methods, younger MHOs and MHOs that acted in more than one US state have higher odds of longer careers. When controlling for career-based attributes, female MHOs are also correlated with longer careers.

The Principle of Proportionality of Crime and Punishment in International Documents

Observance of the principle of proportionality is one of the basic requirements of fairness and justice in all matters, including the determination of punishment and its purpose is to match the amount of punishment with the amount of guilt of the perpetrator. This principle is a logical basis for punishment and the factor of its legitimacy. Of course, it should be noted that the proportionality of crime and punishment is a fluid and relative matter, the regulation of which according to the principles of most criminal schools is a function of the ideology and values that govern societies. According to the principle of proportionality, justice and fairness require that the offender be entitled only to the punishment of the crime committed which is based on the severity of the crime and the situation of the victim, the situation of the offender, the circumstances of the crime, etc., the case and the action take place. In other words, there must be coordination and balance between crime and punishment in order to ensure justice. Although given the relative meaning of the principle of proportionality, it does not seem to be possible for punishment to be equal to a crime, in other words, it is true. Proportion between crime and punishment does not mean a precise mathematical proportion, but a proper ratio between crime and punishment can be established, although it does not lead to complete equality. International criminal law oversees the duty to protect international public order and to guarantee international justice. For its realization, the observance of the principle of proportionality is undoubtedly evident. As in the International Criminal Court, the determination of punishment is based on the achievements of criminology in relation to the motives of crimes and the classification of offenders and the personality of the offender, which is reflected in Article 145 of the Rules of Procedure and the evidence of the Court.

ضوابط اختصاص قضاء الأحداث فی التشریعین المصری والأردنی

لقد عملت التشريعات الحديثة ومنها (التشريع الأردني والتشريع المصري) على التمييز في المعاملة الجزائية بين المجرمين البالغين والأحداث الجانحين، فخصتهم بإجراءات جزائية وأحکام قانونية خاصة وجزاءات وتدابير مناسبة، ترتکز على تطبيق تدابير ملائمة لهم، أملا في إصلاحهم وتهذيبهم وإعادة إدماجهم في المجتمع. کما إن من أهم مظاهر حماية الأطفال الجانحين مرتکبي الجريمة تتمثل في وجود محاکم جنائية خاصة للطفل في أمرهم وکذلک في عدة قواعد إجرائية يجب اتباعها أمام هذه المحاکم، وحرصا من المشرع على إصلاح الحدث وتأهيله اجتماعيا قام بإنشاء محاکم جنائية خاصة للأحداث. وتعتبر ظاهرة جنوح الأحداث من أهم الظواهر الاجتماعية التي تواجه مختلف دول العالم وحظيت هذه الظاهرة بالکثير من الاهتمام في عالمنا المعاصر عموما وتزايد أهميتها عندما يکون مرتکبو الجرائم من فئة الأحداث، کون هذه الفئة تشکل نسبة کبيرة في أي مجتمع وهذا يؤدي إلى المساس بالمجتمع في أهم مصادرة الأساسية التي يعتمد عليها في بنائه المستقبلي إضافة إلى أن انحراف الأحداث يعتبر من أهم جذور الجريمة ويقوم في أدواره الأولى بطريقة فعالة. وتختلف القواعد المنظمة لاختصاص محاکم الأحداث عن غيرها من المحاکم الجنائية منها ما يتعلق بالاختصاص الشخصي والنوعي ومنها ما يتعلق بالاختصاص المکاني، وتختص محکمة الأطفال (الأحداث) اختصاصا شخصيا بنظر قضايا معينة لفئة معينة من المجرمين أو المتهمين دون غيرها بشکل استشاري لا يشارکها في ذلک غيرها من المحاکم. Recent legislation (Jordanian and Egyptian) differentiates in the treatment of juvenile delinquents in criminal law by establishing criminal procedures, special legal provisions and appropriate sanctions and measures based on the application of appropriate measures in the hope of their reform, education and reintegration into society. in order to ensure the reform and social rehabilitation of juveniles, the legislature has established special juvenile criminal courts. Juvenile delinquency is one of the most important social phenomena facing various countries of the world. this phenomenon has received considerable attention in the contemporary world in general and is becoming increasingly important when the perpetrators of crimes are juveniles, since the latter constitute a large proportion of any society in addition, juvenile delinquency is considered one of the most important roots of crime and it plays its early roles in an effective manner. The rules governing the jurisdiction of juvenile courts differ from those of other criminal courts, including ratione personae, ratione materiae and ratione loci. The juvenile court has personal jurisdiction to hear certain cases only for certain categories of offenders or accused persons in an advisory manner not shared by other courts.

'I See What Is Right and Approve, But I Do What Is Wrong': Psychopathy and Punishment in the Context of Racial Bias in the Age of Neuroimaging

Criminology research has devoted significant attention to individuals diagnosed either with antisocial personality disorder (ASPD) or psychopathy. While in the past, the two terms were used somewhat interchangeably, researchers today are starting to see that the two terms in fact represent two very different personality types and offending patterns. In this article, we examine this development from a legal perspective, considering what this might mean in terms of punishment for these two personality types based on the different characteristics they display in their actual offenses and their responses to punishment and rehabilitation. Specifically, we will focus on how the use of these terms has a disproportionate negative impact on persons of color. Current research estimates that one in five violent offenders can be classified as a psychopath, a term fraught with controversy and excluded from the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM V). However, this category of offenders presents dramatically different characteristics than individuals with antisocial personality disorder, which is often incorrectly conflated with psychopathy. Emerging research using neuroimaging is demonstrating that the brain of a psychopath responds differently to punishment than the brains of other non-psychopathic criminal offenders. As research continues, it is critical for criminologists, attorneys and judges to begin thinking about whether brain science should affect our modern views of punishment, and whether individuals should be punished differently based on their diagnosis or neurophysiology. This is not a topic that has been the subject of substantial contemporaneous legal analysis, and we hope that this article invigorates the conversation. In this article, we first present some background on the controversy of diagnosis, sharing in this context what we call the “inside baseball” about the debate – on the differences between psychopathy and ASPD – that has rocked the psychology academy. We focus next on how the instruments that are used to assess these conditions are subject to significant racial bias. We then unpack these issues through a lens of therapeutic jurisprudence, a school of thought that considers the extent to which the legal system can be a therapeutic agent. We will also analyze how our current ideas about punishment and recidivism could change, using psychopathy research as a case study. Finally, we will consider how this new research creates extra responsibilities for both lawyers and expert witnesses in their representation of criminal defendants in such cases.

Comorbid British veteran offenders: themes in judges’ sentencing remarks

ABSTRACT Despite evidence showing an association between dual diagnosis and increased risk of interpersonal violence and criminal justice system involvement, there is a dearth of information about how this plays out in sentencing offenders. This study examined themes in the sentencing of comorbid British war veteran offenders (PTSD/SUD) and described the judicial approach to sentencing this category of offenders. Judges’ sentencing remarks were extracted from Westlaw UK, a large subscription database containing legal materials from the United Kingdom and other jurisdictions. Using both the explicit and latent content of the sentencing remarks, the following issues were explored: judges’ orientations and aims when sentencing comorbid war veteran offenders, how they reconcile problems associated with sentencing mentally ill offenders who were also intoxicated at the time of the offence and how they balance competing interests of society’s responsibility to war veterans and the protection of society. Two major findings emerged. First, the cases fell in a two-way typology patterned by treatment motivation and engagement (high versus low) and the primary cause of the offending behaviour (PTSD versus SUD). Secondly, for the most part, judges considered an offender’s status as a war veteran and adopted a therapeutic and rehabilitative perspective at sentencing.

Moved by fire: Green criminology in flux

The destructive bushfires in Australia 2019–2020 resonate with similar trends around the world as bushfire seasons are becoming longer and more pervasive. Yet, criminological analyses of bushfires are limited and tend to focus on the individual criminal subject and the act of arson, the crime of intentional fire starting. Encouragingly, green criminology, the criminological perspective dealing with environmental crimes and harms, is expanding the categories of offenders and victims of harm by, for example, highlighting non-human victims and harms perpetrated by the capitalist system. Nonetheless, even this perspective is inadequate to deal with the complex and ultimately mobile events of fire and their far-reaching consequences. This article brings green criminology in flux by drawing from the ‘new mobilities paradigm’, emphasising motion, temporality and the mobility of contemporary life. The new mobilities paradigm, or the ‘mobility turn’, has a lot to offer green criminology as is demonstrated here by way of scrutinising the mobility of fire. A mobile green criminology will help trace fire beyond static categories of offenders and victims and open up for more flexible and mobile categories of environmental harms as constructed, complex and unstable processes. Finally, a mobile analysis allows for a more complex and meaningful reading of criminological space, demonstrated by the relationship between social, aesthetic and cultural values of land, politics, power and fire-related behaviours, such as fire suppression or Aboriginal peoples’ cultural burning practices. It is argued here that in order to understand the complex nature of fire, green criminology must attune to the intersections between fire, space, mobility and meaning.

Review: Unusually Cruel: Prisons, Punishment, and the Real American Exceptionalism, by Marc Morjé Howard

Review: Unusually Cruel: Prisons, Punishment, and the Real American Exceptionalism, by Marc Morjé Howard