Convicted Offenders Research Articles

A History of the Common Law Double Jeopardy Principle: From Classical Antiquity to Modern Era

The double jeopardy principle is a guarantee of individual liberty that has ancient origins. The development of the principle has been incremental, and its meaning has varied through the ages. The research question and attending analyses presented in this article advances an examination of the evolution of the double jeopardy principle in historical context. Through doctrinal analysis the hypothesis advances the supposition that the common law principle was firmly established by the post-medieval period. Through an examination of landmarks in the development of the principle the article examines theoretical underpinnings and considers the extent to which the criminal justice system developed a public prosecution model of criminal justice. The incremental development of this fundamental principle of criminal justice can be explained in terms of the deficiencies in medieval criminal procedure, prejudices and practices of medieval trial procedure and punishments imposed on convicted offenders. Jurisprudence on the application of the principle indicates significant developments following the Restoration. Keywords: Double jeopardy; Ne bis in idem; Autrefois acquit; Autrefois convict; Criminous clerks; Restoration

How Often and Why Do Guilty and Innocent Suspects Confess, Deny, or Remain Silent in Police Interviews?

This study examines how often and why suspects who have reported being either guilty or innocent remain silent, confess, or deny accusations in police interview situations. Convicted offenders under current probation or parole in Germany (N = 280) completed a questionnaire about their perceptions of up to six specific police interview situations they had experienced in their lifetime. As predicted, more suspects reported having confessed truthfully (64.3%) compared to falsely (4.1%) at least once in their lifetime; and more suspects reported having remained silent in guilty interview situations (58.4%) compared to innocent interview situations (18.4%). Unexpectedly, approximately an equal number of suspects reported having denied truthfully (39.8%) and falsely (40.2%) at least once in their lifetime. The main reasons reported for these statement types were that evidence seemed to indicate guilt (true confessions), suspects desired to end the uncomfortable interview situation or protect the real perpetrator/another person (false confessions), evidence seemed weak (false denials), suspects felt innocent (true denials), they desired to protect themselves (silence while being interviewed when guilty), and they followed their attorneys’ advice (silence while being interviewed when innocent). Findings are discussed in the context of the police and psychological research and practice.

Review on identification of gender using fingerprints

Every person in the world has unique biometrics characteristics such as iris, face, voice, palm or finger-vein patterns, and fingerprints. Biometrics, such as fingerprints are even more distinctive than DNA. Although identical twins can share DNA, they cannot have identical fingerprints. The fingerprint impressions are created by using ridges and valleys which are present on the surface of fingers. Fingerprints help to afford an infallible means of personal identification because the ridge arrangement on each person's finger is unique and does not change with growth or age. Some studies in machine learning and data mining investigate a relationship between fingerprint and gender. Hereby using ridges present on the finger it can be identified that fingerprint is of male or female, as males have larger body size than females, the equal number of ridges on a larger surface area means males have a lower fingerprint ridge density; finding out the gender from fingerprints can reduce the search space to half. The criminal justice system uses fingerprints to authenticate a convicted offender's identification and track their previous arrests and convictions, criminal tendencies, known associates, and other important information in the absence of DNA. 

HF01-13 FROM TORTURE TO THERAPY: THE HISTORY OF HUMAN CASTRATION

You have accessJournal of UrologyCME1 May 2022HF01-13 FROM TORTURE TO THERAPY: THE HISTORY OF HUMAN CASTRATION Antonio Nacchia, Riccardo Lombardo, Cosimo De Nunzio, and Andrea Tubaro Antonio NacchiaAntonio Nacchia More articles by this author , Riccardo LombardoRiccardo Lombardo More articles by this author , Cosimo De NunzioCosimo De Nunzio More articles by this author , and Andrea TubaroAndrea Tubaro More articles by this author View All Author Informationhttps://doi.org/10.1097/JU.0000000000002541.13AboutPDF ToolsAdd to favoritesDownload CitationsTrack CitationsPermissionsReprints ShareFacebookLinked InTwitterEmail Abstract INTRODUCTION AND OBJECTIVE: Castration is any action, surgical or chemical, by which an individual loses the use of the gonads, particularly testicles. Surgical castration consists in bilateral orchiectomy and chemical castration uses pharmaceutical drugs to deactivate the testes. Human castration is a practice known from Sumerian time as cruel torture. In history, it has been a religious practice or instrument to obtain eunuch slaves or white voices. Aim of our study was to explore the history of human castration. METHODS: A literature review on human castration was performed through Medline, PubMed and Google Scholar, searching words “castration”, “orchiectomy” and “androgen deprivation”. RESULTS: The earliest records for intentional human castration to produce eunuchs are from the Sumerian city of Lagash in the 21st century BC. Ancient Greeks and ancient Romans used it to produce eunuch slaves. During Byzantine Empire, it was considered such as a punishment. In Arabian countries castration started to be used to obtain faithful harem guardians since 750 AD and then, during the Ottoman Empire, the Imperial Harem was a powerful institution of the Sultan. From the late 16th century castration was carried out in Italy to preserve the unbroken male voice into adult life. In 1941 Huggins and Hodges demonstrated control of prostate cancer growth rate by androgens and showed that there is no better way to achieve temporary control of prostate cancer growth than androgen deprivation (AD). The earliest method of AD is represented by the bilateral orchiectomy, which means a definitive therapy for the patient. In 1944 treatment with Diethylstilbestrol was described as to the first method of reversible castration. In 1979 Schally et al showed that advanced prostate cancer patients treated with daily doses of LHRH agonists experienced a 75% decrease in serum testosterone levels and a marked reduction in cancer-associated bone pain. Medical castration by means of medrossiprogesterone acetate or cyproterone acetate is also used for convicted rapist or sex offenders in some countries. Although more expensive, medical castration is nowadays the standard considering its hypothetical reversible effect and the psychological trauma related to surgery. CONCLUSIONS: The possibility to change male habitus through surgical castration has been evident since the 11th century BC and used to punish or to create specific workers such as eunuchs or singers. Just only in the last century the role of surgical castration has been associated with prostate cancer treatment and LHRH agonist and antagonist have become the new standard to induce castration. Source of Funding: None © 2022 by American Urological Association Education and Research, Inc.FiguresReferencesRelatedDetails Volume 207Issue Supplement 5May 2022Page: e216 Advertisement Copyright & Permissions© 2022 by American Urological Association Education and Research, Inc.MetricsAuthor Information Antonio Nacchia More articles by this author Riccardo Lombardo More articles by this author Cosimo De Nunzio More articles by this author Andrea Tubaro More articles by this author Expand All Advertisement PDF DownloadLoading ...

Application of Article 5 of the ECHR to the detention of a person who has committed a criminal offense

Purpose of the article. The purpose of this article is to examine the theoretical and practical aspects of the arrest and transfer by one state to another (upon request) of a person suspected or accused of committing a crime or a convicted offender. Methodology. The authors use such research methods as systems analysis, comparative law, documentary, bibliographic, dialectical, dogmatic, logical-legal, system-structural and modeling methods. Conclusions. After conducting this study, the authors suggested their own ways to solve problematic aspects of the legal regulation of extradition in Ukraine. Originality or value. This study analyzes the Ukrainian legislation and decisions of the European Court of Human Rights. The study of detention outside the territory of Ukraine from the point of view of the national legislation of Ukraine and the European Court of Human Rights is complementary. This article defines the legal grounds and procedure for extradition of persons who have committed a crime outside the territory of Ukraine. The peculiarities of the national legislation in case of detention of a person who has committed a criminal offense outside the territory of Ukraine are analyzed, problematic issues in this area are identified and own solutions are proposed. The aspect of realization of the rights and freedoms of the detainee, including the right to protection, is investigated separately.

Employment Opportunities for Applicants with Cybercrime Records: A Field Experiment

Various studies have shown that convicted offenders often face difficulties in finding employment. These studies, however, only examined traditional types of crime and little is known about the job opportunities of convicted cybercrime offenders. Therefore, this study examines the influences of being convicted for a cybercrime on labour market chances in the IT sector in the Netherlands. An experiment was conducted in which fictitious job applications were sent to existing job openings between March and June 2021 ( N = 300), varying for type of crime (cybercrime, property crime, no offence) and ethnic background (Dutch or Turkish). In order to test the hypotheses, logistic regression analyses were carried out to test whether differences in responses were significant. No significant differences in positive responses were found between cybercrime offenders and non-offenders, implying that cybercrime offenders do not have less labour market opportunities. Moreover, significant differences were found between Dutch and Turkish applicants. The results of this study indicate that results from previous studies on job opportunities of traditional offenders are not generalisable to cybercrime offenders. Possibly, a cybercrime record gives a positive signal of IT-skills that are useful for employees, while a criminal record for a property crime is associated with negative characteristics.

Personality disorders and forensic assessments: The benefits of ICD-11.

A recent landmark case in the Australian state of Victoria clarified the ways in which personality disorders may be taken into account when the courts are sentencing convicted offenders. The ruling especially emphasised: the need for evidence to be 'cogent'; the need to determine 'severity' of the personality disorder; the need to consider whether there is a 'connection to the offending'; the need for caution when diagnoses are based solely on behaviour; and the need to consider rehabilitative prospects and community protection. The ruling has significant implications for how forensic experts in all jurisdictions might most effectively assist the courts with the task of sentencing offenders with personality disorders. In this paper we argue that the approach to diagnosis taken in the newly published ICD-11 manual, that eschews 'categories' of personality disorder, in favour of a dimensional model supported by trait theory, is of much greater utility to forensic mental health experts striving to address these issues, compared to traditional 'categorical' approaches.

Childhood sexual victimization, pedophilic interest, and antisocial orientation

According to the sexually abused-abuser hypothesis, childhood sexual victimization (CSV) among males increases the likelihood of later sexual offending against children. Why CSV is related to sexual offending against children, however, has yet to be determined. To explore mechanisms that may link CSV to sexual offending, we tested the relationship between CSV and the two main risk domains: pedophilic interest and antisocial orientation. In four studies, men convicted of sexual offences against children under 15 who reported experiencing CSV were generally more sexually interested in children—especially male children—and were more antisocial than those who did not report experiencing CSV. A meta-analysis of the results across our four studies showed that CSV was moderately associated with greater antisociality, but less so with pedophilic interests. Future research should test the extent to which pedophilic interest and antisocial orientation explain the relationship between CSV and sexual offending against children among convicted sexual offenders.

The Implementation of Wraparound Model in Israel - An Alternative to Out-of-Home Placement of Delinquent Juveniles

Wraparound model refers to community-based programs designed to rehabilitate youth; characterized by multiple risk factors, through "wrapping" them with a variety of assistance agencies, first and foremost their families. The purpose of the current paper was to describe the way of implementation of the Wraparound model in Israel, named the Ma'atefet1, which is operated by the Juvenile Probation Service (JPS), as an alternative to out-of-home placement of convicted juvenile offenders. The paper presents an overview of the program's background, objectives and goals, as well as findings of evaluation studies designed to examine the program effectiveness, and case studies of convicted minors that participated in the program in Israel. In consistent with previous studies from different countries in the world, it was found that the program in Israel achieves its main goals, reflected in improvements in the educational, familial and mental condition of the treated youth; reducing recidivism; and preventing out-of-home placement. In light of these many advantages, we recommend policy-makers to expand the program, for the benefit of young offenders, their families and the community as a whole.

Psychopathology of Young Terrorist Offenders, and the Interaction With Ideology and Grievances.

Psychopathology might be a risk factor for terrorist offending as it is for violent offending. Therefore, we examined the prevalence of psychopathology in young and adult Jihadist terrorist offenders on the basis of primary source judicial information and forensic mental health reports with the European Database of convicted Terrorist offenders (EDT). We hypothesised that psychopathology might be associated with ideological risk factors, and that these associations might be different for young and adult terrorist offenders. Therefore, we examined whether and to what extent psychopathology is related to a violent ideology, to grievances and anger about perceived injustice. We investigated whether this differs among 120 adult and 46 juvenile terrorist offenders. We found that most adult and young Jihadist terrorist offenders with a forensic mental health report had psychopathological problems. Most frequently found were symptoms and traits of intellectual disability disorders, depressive disorders, psychotic/schizophrenic disorders, substance use disorders, and personality disorders. Most frequently found clinically relevant personality traits were problems with relationships, poor regulation of aggression, feelings of anger, and paranoid feelings. We found some first indications for a positive association between psychopathology and grievances and anger about perceived injustice. In the young terrorist offenders with depressive symptoms, grievances about perceived injustice were more often present than in young terrorist offenders without these symptoms. In adult terrorist offenders it was found that grievances about perceived injustice and the anger were related to cluster B personality traits. In addition, in both young and adult terrorist offenders expressed grievances about perceived injustice were related to problems with relationships. Further research into psychopathology in terrorist offenders seems necessary with larger groups of adolescents and adults in relation to ideological, personal and contextual risk factors and how these factors relate to different terrorist acts. This may lead to more knowledge about engagement into terrorism and possible disengagement from terrorism. It may also lead to the inclusion of psychopathology into violent extremism risk assessment tools.

Evading Detection: What Do We Know about Men Charged with Extrafamilial Child Sexual Abuse following Delayed Detection?

ABSTRACT Most child sexual abuse (CSA) remains unreported and undetected. Despite this, much of what we know about perpetrators of CSA is derived from samples of convicted CSA offenders. Significant knowledge gaps remain about those who have evaded detection. This study addresses this gap with an in-depth content analysis of the case files of ten convicted child sexual offenders (CSOs) with the longest detection lag, selected from a broader group (n = 349) of men incarcerated at the Massachusetts Treatment Center (MTC). Participants were examined on a range of offender characteristics including Adverse Childhood Experiences (ACEs), cognitive distortions, antisocial traits, indicators of pedophilia and Machiavellian or narcissistic traits, offense facilitating factors, and grooming behavior. A tentative profile emerged with the following characteristics: direct experience of childhood abuse, various cognitive distortions, specialized rather than versatile criminal history, pedophilic traits, Machiavellian traits, and engaging in a range of offense-facilitating behaviors including grooming. We provide insight into offenders who evade detection for CSA and set the foundation for further research to inform prevention strategies for law enforcement agencies and child-serving organizations.

Interaction with the future self in virtual reality reduces self-defeating behavior in a sample of convicted offenders

In this study, we test an intervention in which convicted offenders interacted with an age-progressed avatar representing their future selves in virtual reality. During the interaction, they reflected on their current lifestyle, alternating between the perspective of their present self and that of their future self. We hypothesized that this embodied experience would increase their ability to imagine themselves in the future and reduce their engagement in self-defeating behavior, as measured with a self-report survey. In line with expectations, results indicated that the interaction increased vividness of the future self compared to baseline and reduced self-defeating behavior, including alcohol use and overspending, one week later. In addition, increases in vividness were associated with a reduction in self-defeating behavior over and above other concepts relating to the future self, including connectedness, similarity, and valence. The results are based on a small sample and should therefore be considered as indicative of the possibilities of our virtual reality paradigm as an intervention tool to reduce self-defeating behavior.

Relationship between Offender Characteristics and Recidivism in Kakamega County, Kenya

According to (Walmsley, 2016: 2), Kenya is ranking high in the rates of prison overcrowding owing to continued relapse into crime by the ex-offenders. The total prison population in Kenya, comprising pre-trial inmates and remand prisoners, was 57 000 as of August 2016 (Walmsley, 2016: 2). Kenya has one hundred and eight prison institutions with a design capacity of 26 757 prisoners. This translates to an occupancy level of 213 percent, which is one of the highest in the world and confirms the fact that there is overcrowding in Kenyan prisons. According to the Kenya National Bureau of Statistics Report (Republic of Kenya, 2017: 272), repeat offenders accounted for 25,8 percent of the Kenyan prison population. In direct correlation with this high level of confinement, the country annually also discharges some 255 000 convicted and non-convicted inmates back into various communities across the country. This pattern indicates that offenders do not leave criminality and yet government resources are continuously being spent in trying to reform convicted offenders. This study sought to investigate the relationship between offender characteristics and recidivism in Kakamega County, Kenya. Specifically, the influence of gender, age at the time of imprisonment, educational level, employment status, accommodation, romantic relationships, children, peer relationships, prior criminal records, criminal record and alcohol consumption on recidivism were interrogated. The study adopted a survey research design in which 384 recidivists were sampled to take part in the study as respondents. Besides the recidivist, 25 Prison Officers,13 Probation Officers, 27 family members of recidivists, and 18 community members from the neighbourhoods of recidivists bringing the target sample to 467 respondents. Both probabilistic and non-probabilistic sampling techniques were used in sample selection. Data from respondents was collected using a questionnaire that was tested for validity and reliability prior to the actual data collection. Factor analysis was used to ascertain validity while Cronbach’s Alpha coefficient of reliability was used to ascertain reliability of the questionnaire. Findings revealed a significant relationship between individual characteristics and recidivism among released prisoners in Kakamega County (r=0.669; P< 0.01). Regression analysis revealed that offender characteristics were significant predictors of recidivism with an R squared value of 0.237 implying that offender characteristics account for 23.7% of the variance in recidivism among sampled offenders. From the study, it is recommended that treatment plans drawn by correctional officers should take into account the individual characteristics of released offenders since there is a strong association between individual characteristics of offenders and recidivism. Key Words: Offender Characteristics, Recidivism DOI: 10.7176/PPAR/12-1-06 Publication date: February 28 th 2022

Residency restrictions, race, and homelessness among registered sex offenders

ABSTRACT In recent decades, the number of individuals on sex offender registries has increased, many of whom are subject to codified residency restrictions that forbid residing within certain geographic locations and therefore limit viable housing options. As a result, many convicted sex offenders struggle with unstable housing and homelessness. While there is a growing body of research concerning residency restrictions and unstable housing among sex offenders, no study, to our knowledge, has explored whether the association between residency restrictions and homelessness is stronger for Black and Hispanic registrants. Using data from the Chicago Sex Offender Registry, this study examined of the relationship between residency restrictions and sex offender homelessness. Registrants subject to residency restrictions had a substantially higher risk of homelessness than their counterparts. Furthermore, residency restriction status and race interacted in their association with homelessness, such that the deleterious impact of residency restrictions was magnified for Black registrants. The results of the analyses demonstrate that Black sex offender registrants disproportionately disadvantaged by residency restrictions and highlight the importance of developing evidence-based monitoring strategies that prevent and end homelessness among convicted sex offenders.

Not a "Get Out of Jail Free Card": Comparing the Legal Supervision of Persons Found Not Criminally Responsible on Account of Mental Disorder and Convicted Offenders.

BackgroundThe public often perceives the insanity defense as a “get out of jail free card”. Conversely, several studies demonstrate the substantial control imposed upon these defendants. This study compares Review Boards decisions regarding people found not criminally responsible on account of mental disorder (NCRMD) to criminal courts decisions regarding convicted offenders for similar offenses in Canada.MethodDetention, using logistic regression, and duration under detention and supervision, using Cox regression, were compared between a cohort of 1794 individuals found NCRMD in three Canadian provinces (Quebec, Ontario, and British Columbia) between 2000 and 2005 followed until 2008 from the National Trajectory Project and a national sample of 3,20,919 Canadians convicted of criminal offense from Statistics Canada's Criminal Court Survey.ResultsIndividuals found NCRMD are 3.8 times (95% CI 3.4–4.3) more likely to be detained than convicted offenders as well as 4.8 times (95% CI 4.5–5.3) and 2.9 times (95% CI 2.6–3.1) less likely to be released from detention and supervision, respectively. One year after the verdict, 73% of the NCRMD accused were still under legal supervision and 42% were still in detention, whereas these proportions were, respectively, 41 and 1% for their convicted counterparts. Interaction effects show that sex, age, jurisdiction, number of offenses, and severity of crimes committed have a differential impact on decisions applied to NCRMD accused compared to convicted persons.ConclusionContrary to popular perceptions, the insanity defense is not a loophole. Differences as to factors influencing the trajectories of the two samples confirm that Review Boards are able to distance their practices from the criminal courts and can set aside, at least in part, the principles of proportionality and punitiveness governing the traditional sentencing practices.

EMOTIONAL REGULATION AND ANTISOCIAL BEHAVIOUR IN DRUG USERS

India has seen quite possibly the most extreme and unplanned lockdowns, is now confronting an unexpected blast in drug use. The pandemic had caused the closure of beverage outlets in Kerala at the end of 2020. There were a few suicides in the quick time frame, which were attributed to the non-accessibility of liquor. This causes the use of illegal alcohol or homemade preparations or expanded the utilization of drugs. This situation increased the crime rates. The bad temperament of drug users led to ruthless crimes. The basic objective of the study is the association between emotion regulation and antisocial behaviours of drug users in the Covid 19 lockdown period and how well they regulating their emotional expression. Participants are convicted offenders under the NDPS Act and the Kerala Abkari act. The details of the participants are obtained from police records. The present study has been conducted on 40 drug users both females and males having the age group between 18-40 years. The area of this study is the Kochi, Ernakulam district of Kerala. Accessibility to the arrested drug abusers and female drug abusers section is very limited. The research work is trying to discover that media should play an effective role as a watchdog among drug addicts in the present scenario. Authorities and media need to take important steps to create open communication surroundings to get rid of this trouble along with this separate effective policy for drug addicts to cover up the gap of knowledge and worry of COVID-19.

Crimes and Determinants of Young Criminals: A Study of Interior Sindh, Pakistan

The purpose of the study is to identify the crimes perpetrated by young offenders in the interior districts of Sindh, including Shikarpur, Sukkur, Dadu, and Ghotki, as well as to investigate the underlying causes of criminal behavior. This qualitative study was undertaken by collecting FIRs from four districts using random sampling. The sample consists of 485 FIRs of convicted young male offenders from 2019 to 2020. The study found that youth are involved in various crimes such as murder, rape, larceny, assault, drug/alcohol consumption, and illegal weapon possession. In addition, the study's findings identified the factors that inspire young offenders to commit crimes, including poverty, land conflicts, tribal feuds, provocation, retaliation, sexual passion, and thrill. Consequently, illegal activities, as opposed to more constructive ones, are gaining popularity among the younger generation; therefore, the study suggests establishing a parental care and control program to improve educational and training facilities, increase employment opportunities, decrease the availability of dangerous weapons and drugs and alternative methods of crime prevention should be implemented.

Association of AVPR1A Polymorphism with Criminal Intent

Background: The human behavior is influenced by genetic as well as environment components. Likewise, the aggressive behavior having an intent of criminality is also governed by both environmental and genetic makeup. Aim: The genetic element has been explored by analyzing the microsatellite RS1 and RS3 of AVPRIA gene which showed strong variations in short tandem repeats (STRs) of convicted offenders when they were compared with normal population. Methods: Blood samples of 100 convicted offenders were taken and DNA was extracted using PCI protocol. The PCR was then carried out using primers and the products were send for gene sequencing. The results were compared with that of general population having no history of crime or psychological abnormality. Results: The microsatellite RS1 and RS3 of AVPRIA gene showed strong variations in short tandem repeats (STRs) of convicted offenders when they were compared with normal population. Keywords: AVPR1A, criminal intent, PCR

Betting Against the Odds: The Mysterious Case of the Clinical Override in Risk Assessment of Adult Convicted Offenders.

Various tools were designed to guide practitioners in the risk assessment of offenders, including the Level of Service and Case Management Inventory (LS/CMI). This instrument is based on risk assessment principles prioritizing the actuarial approach to clinical judgment. However, the tool's architects allowed subjective judgment from the practitioners-referred to as clinical override-to modify an offender's risk category under certain circumstances. Few studies, however, have examined these circumstances. Therefore, the current study used decision tree analyses among a quasi-population of Quebec offenders (n = 15,744) to identify whether there are offenders more likely to be subjected to this discretion based on their characteristics. The results suggest that, although the override is rare, it occurred under few specific combinations of circumstances. More precisely, these findings propose that the utilization of the clinical override stems from a perceived discrepancy between risk prediction and management.

Closed-Loop Brain Devices in Offender Rehabilitation: Autonomy, Human Rights, and Accountability.

The current debate on closed-loop brain devices (CBDs) mainly focuses on their use in a medical context; possible criminal justice applications have only received incidental scholarly attention. Unlike in medicine, in criminal justice, CBDs might be offered on behalf of the State and for the purpose of protecting security, rather than realizing healthcare aims. It would be possible to deploy CBDs in the rehabilitation of convicted offenders, similarly to the much-debated possibility of employing other brain interventions in this context. Although such use of CBDs could in principle be consensual, there are significant differences between the choice faced by a criminal offender offered a CBD in the context of criminal justice, and that faced by a patient offered a CBD in an ordinary healthcare context. Employment of CBDs in criminal justice thus raises ethical and legal intricacies not raised by healthcare applications. This paper examines some of these issues under three heads: autonomy, human rights, and accountability.