Custodial Sentences Research Articles

Self-harm in young offenders.

The prevalence and correlates of self-harm and suicidal behavior in 515 young offenders (mean age 17.3years, SD=1.7) serving community-based orders (CBOs; n=242) or custodial sentences (n=273) in Victoria, Australia, are described. Results from structured interviews showed that 83 (16.1%) participants reported self-harming in the previous 6months, and this was more common among those serving custodial sentences than those serving CBOs (19.4% vs. 12.4%; OR 3.10, 95% CI: 1.74-5.55). Multiple incidents were more common in females and 24% (95% CI: 19-39) of participants who had self-harmed reported having done so with suicidal intent. Self-harm was associated with recent bullying victimization, expulsion from school, past year violent victimization, cannabis dependence, and risk-taking behavior in the preceding year. The epidemiological profile of self-harm in this population appears to be distinct from that seen in the general population. Young offenders who self-harm are a vulnerable group with high rates of psychiatric morbidity, substance misuse problems, and social risk factors. They may benefit from targeted psychological interventions designed specifically to address impulsivity, delivered both within-and during the transition from-the youth justice system.

The effect of a custodial sentence and professional disqualification on reintegration

This study serves two purposes. First, notions of shame (Braithwaite, 1989) and labelling (Becker, 1963) are used to examine the effect of stigmatic labelling on a group of professional accountants serving custodial sentences for financial crimes. The data obtained from focus group interviews suggests that shame-related emotions have an important deterrent effect on the propensity to re-offend arising not from incarceration but from the reflexivity arising from family support and unity. Second, this paper critically evaluates the issues relating to professional reintegration in which members may be barred from practising their trade when they are released from prison. Banning members from professional membership because of their ex-convict label represents a form of exclusionary stigma that contributes to stigmatic shaming and resentment towards the institutions that impose such penalties. The role of professional associations in reintegrating former members convicted of a serious crime, and the ability to assist them to reconstruct their professional identity and develop pro-social roles, is critically evaluated.

Pre‐sentence mental health service use by adult offenders in Western Australia: Baseline results from a longitudinal whole‐population cohort study

Little is known about community mental health service use prior to offending. This study aimed to investigate the 1-year community mental health service use by adult offenders (18-44 years) prior to their first ever criminal sentence in Western Australia. Administrative mental health service data were compared between all offenders (n = 23,755) commencing their first ever criminal sentence in Western Australia during 1985-1994 and a matched community group of 21,977 non-offenders. Just over 8% of offenders had used mental health services prior to sentence compared with 1% of non-offenders. After adjusting for age, offenders were more likely to have used these services than non-offenders in all gender-race groups, but the effect was strongest for non-Indigenous women, who were over 12 times more likely to have used such services, and weakest among Indigenous men, who were about twice as likely to have used them as their non-offending peers. Service use for substance use disorder, the most common diagnosis, was about one and a half times more prevalent among Indigenous than non-Indigenous offenders, regardless of gender. For non-Indigenous offenders, prevalence of any mental health service contact was higher for violent than non-violent offenders, irrespective of gender. Service use was no different between offenders receiving custodial or non-custodial sentences in all gender-race groups. The higher likelihood of mental health service use by offenders in the year prior to their first ever sentence than by non-offenders suggests that, insofar as the disorder was relevant to offending, there were some opportunities for preventive measures during that time. Differential service use according to gender and Indigenous/non-Indigenous status is of concern. It would be important to understand more about this apparently unequal service access, not least because Indigenous populations tend to be over-represented in prison.

Justice Reinvestment in Australia

Over the past three decades, Australia has seen more than a 100% increase in its rate of incarceration. A sizable part of this has come from the rise in incarcerated indigenous people. Australia also experiences problems related to high rates of recidivism, the increasing use of custodial sentences for parole violations, and the use of incarceration for minor offenses such as traffic violations. In response to these problems, a growing number of policy makers, public and private organizations, and academics have pushed for the development and implementation of justice reinvestment (JR) initiatives in Australia. This article provides an overview of JR. It highlights some of the more pertinent problems facing the justice system, offenders, victims of crime, and local communities in regards to the use of punishment and incarceration in Australia. It then considers the degree to which JR may or may not be able to deliver on some or all of its promises, in particular problems that it faces in terms of implementation, use, and long-term viability in Australia.

An Appraisal of Sentencing in Bangladesh: Between Conviction and Punishment

Criminal justice system of Bangladesh neither allows any separate sentence hearing nor does it invite any pre-sentence report on the background of the accused when the trial court pronounces its judgments. Our criminal laws provide for numerical sentencing structure without mentioning any stratification of offence level. There is neither specific statutory sentencing policy nor is there any separate sentencing statute. In absence of sentencing guidelines as well as distinctive sentence hearing, the judges often award the sentences mechanically in the exercise of their individual sense of unbridled discretion. Consequently, diversity of sentencing decisions arises for similar category of offences. In practice, a widerange of mitigating and aggravating factors stemming from the case -laws essentially dominate the sentencing practice in Bangladesh. Non- custodial sentences including verbal sanction, conditional discharge, probation order, community service order, victim compensation order also remain largely unutilised while long custodial sentence and death penalty are frequently imposed in Bangladesh. It is also evident that the huge mass of sentencing factors as reflected in series of precedents, has rather developed in an inchoate manner. Nevertheless, it is possible to condense such sporadic sentencing factors into well- fashioned sentencing guidelines at behest of our apex Court. This article further argues that the accused should be given a separate sentence hearing opportunity so that award of punishment would become more meaningful exercise.

PROBLEMATYKA ROZMIESZCZANIA SKAZANYCH W ŚWIETLE KULTUROWYCH ASPEKTÓW OBECNOŚCI CUDZOZIEMCÓW W POLSKICH ZAKŁADACH KARNYCH

The cultural diversity of people serving custodial sentences in Poland is an issue that requires intensive research and analysis. In theory, the number of foreigners in Polish prisons might not seem great enough to warrant the interest of either researchers or practitioners. There are said to be around 500 such people (in custody and provisional detention) annually in a population of approx. 80,000. It has to be borne in mind, however, that the presence of people with a completely alien, and therefore often incomprehensible, cultural code in such a closed environment as a penal institution poses a great challenge, despite their small numbers. This article discusses the results of research conducted on foreigners in selected Polish penal institutions in 2014. The methodology involved analysing case files and conducting in-depth interviews with Prison Service officials and employees as well as the foreign prisoners themselves. These examinations attempted to determine, inter alia, the extent to which the cultural differences that incarcerated foreigners bring with them affect the status of foreigners serving custodial sentences and the way penal institutions function, and how well adapted the Polish prison system is to dealing with people from other cultures. One of the aspects discussed is the issue of accommodating foreigners given custodial sentences. This is analysed from the standpoint of possible cultural differences. According to the current legislation, foreigners are subject to the same rules as Polish prisoners when serving their sentences. The officials who were interviewed stressed that the rules for accommodating foreigners in detention centres and penal institutions are no different from those that apply to Poles – and nor should they be. As the interview progressed, however, these same officials would give examples of situations where the cultural differences of incarcerated foreigners affected e.g. the way they were accommodated in their cells and certain additional difficulties they had in adapting and relating to the prison subculture. Therefore, in practice, despite the lack of regulations and/or recommendations from above, these officials are forced to respond to the additional challenges resulting from the fact that foreigners do not speak Polish and exhibit behavioural patterns that differ to a greater or lesser extent from the norm. The experience and “penitentiary intuition” of the official actually turned out to be the only guide in these situations. The attitude of the foreign inmates themselves is no less important for the proper functioning of a penal institution. The examination shows that most of them are not looking for extra hassles but are trying to serve their sentences with as little trouble as possible. In view of the above, it would seem legitimate to argue that the main reason for there not being greater problems with foreigners in Polish prisons is that there are so few of them.

«Is there a doctor on board?» – Rechtliches zur ärztlichen Hilfeleistung in Notfallsituationen in der Freizeit

Medical emergencies on international flights are not uncommon. In these situations the question often arises whether physicians are obliged to render first aid and whether omission leads to legal consequences. The general obligation to aid those in need applies to everyone, not only to physicians. Evading this duty makes liable to prosecution for omittance of defence of a third person in line with Art. 128 of the Swiss Penal Code, punishable by custodial sentence up to three years or an equivalent punitive fine. Vocational and professional law extend the duty to aid for physicians to urgent cases. Although resulting from the performance of a legal obligation, malpractice occurred in the course of first aid can lead to claims for compensation - even from foreign patients, and that according to their own domestic law.

PHARMACY LEGISLATION: PUBLIC PROTECTOR OR PROFESSIONAL HINDRANCE?

Pharmacy originates from a background of medication compounding and supply. More recently, this role has developed away from an absolute focus on the supply of pharmaceuticals with, for example, the advent of pharmacist prescribing. Nevertheless, for a majority of the profession, medication supply remains a core activity. Regulation of the pharmacy profession is now the responsibility of the General Pharmaceutical Council, although up until 27 September 2010, this role fell to the Royal Pharmaceutical Society of Great Britain (RPSGB). Before this change, in one of the most high-profile legal cases involving a pharmacist in a professional capacity, R. v Lee, a pharmacist was prosecuted firstly for gross negligence manslaughter, later revised to offences under the Medicines Act 1968, for a single error relating to medication supply, and was given a suspended custodial sentence. Offences against sections 64 or 85 of the Medicines Act are absolute offences and there is no due diligence defence. Prosecution of a pharmacist for the supply of incorrect medication may seem a measured course of action to protect the public from the wrongful supply of potent pharmacotherapeutic agents; however, further analysis of Lee indicates that this approach may be counterproductive. An appeal of the original conviction in the Lee case has resulted in a clarification of the interpretation of section 85(5); however currently, prosecutions under section 64 are still a possibility. Owing to the seriousness of a criminal conviction under section 64, this continuation will potentially stifle the profession's ability to learn from dispensing errors.

Exploring the Mandatory Life Sentence for Murder by B.Mitchell and J.V.Roberts. Oxford: Hart (2012) 196pp. £31.00pb ISBN 978‐1‐849‐46228‐0

Building on research conducted in 2010 exploring public attitudes to sentencing for murder, this book considers one of the sacred cows of sentencing policy: the mandatory life sentence. In drawing together their findings from both interviews and focus groups, the authors argue that contrary to the prevailing view of politicians, the mandatory life sentence is so blunt an instrument that it might actually undermine public confidence – and their research finds support for fixed-term determinate sentences as an alternative in some scenarios. However, Mitchell and Roberts's proposals for reform appear to run rather ahead of their findings as they envisage a new sentencing framework in which around half of all offenders convicted of murder would receive a disposal other than life imprisonment; surprisingly little consideration is given to the changes to release arrangements that their new framework would entail. Whilst the authors advocate a graduated release from custody – by the Parole Board – for offenders who receive a fixed-term sentence for murder, with the last portion being served in the community under strict conditions and with close supervision, it is not clear what arrangements will be made for those offenders who the Parole Board decline to release early, but who must, presumably, be automatically released at the expiry of their determinate term. Although the proposals limit fixed-term imprisonment to those not regarded as posing an unacceptable risk to public safety, this decision would be made at the time of sentencing rather than at release and there must be a concern that the risk posed by some of these offenders might increase after a significant number of years in custody. The research also raises interesting questions about the relative roles of risk and retribution in the sentence for murder. In the most evenly-split scenario, that of a woman convicted of murder having hit her husband over the head with an ashtray following a row over money, 55% of respondents decided that a 20-year custodial sentence – served in full before being released unconditionally – would definitely or probably be an acceptable alternative to a life sentence which required spending twelve years in prison before being released on licence. One wonders which of these two alternatives would actually feel more punitive to the offender. This reader, at least, would be tempted to opt for the latter punishment if offered the choice. This book is a welcome addition to the debate surrounding the mandatory life sentence, particularly as its retention is frequently justified by reference to public opinion; the findings, therefore, add an important new dimension to the discussion. In an ideal world, the sensible framework proposed by the authors would lead to a more flexible and coherent sentencing regime for murder. However, as consideration of ‘risk’ has always been a significant element of the life sentence, it is well worth noting the potential dangers of adopting the proposed new framework: care would have to be taken to ensure that low-risk offenders do not end up serving longer, albeit determinate, custodial sentences, whilst others are released from prison automatically despite now posing a danger to the public.

Relative mortality among criminals in Norway and the relation to drug and alcohol related offenses.

BackgroundRegistered offenders are known to have a higher mortality rate, but given the high proportion of offenders with drug-addiction, particularly among offenders with a custodial sentence, higher mortality is expected. While the level of overall mortality compared to the non-criminal population is of interest in itself, we also estimate the risk of death by criminal records related to substance abuse and other types of criminal acts, and separate between those who receive a prison sentence or not.MethodsAge-adjusted relative risks of death for 2000–2008 were studied in a population based dataset. Our dataset comprise the total Norwegian population of 2.9 million individuals aged 15–69 years old in 1999, of whom 10% had a criminal record in the 1992–1999 period.ResultsIndividuals with a criminal record have twice the relative risk (RR) of death of the control group (non-offenders). Males with a record of use/possession of drugs and a prison record have an 11.9 RR (females, 15.6); males with a drug record but no prison record have a 6.9 RR (females 10.5). Males imprisoned for driving under the influence of substances have a 4.4 RR (females 5.6); males with a record of driving under the influence but no prison sentence have a 3.2 RR (females 6.5). Other male offenders with a prison record have a 2.8 RR (females 3.7); other male offenders with no prison record have a 1.7 RR (females 2.3).ConclusionSignificantly higher mortality was found for people with a criminal record, also for those without any record of drug use. Mortality is much higher for those convicted of substance-related crimes: more so for drug- than for alcohol-related crimes and for women.

The Extent of the Application of Community Service Order as an Alternative Punishment in Malaysia

The criminal justice system provides a range of punishment to be meted out to criminal offenders. The types of punishment include custodial and non-custodial sentences. Custodial sentence refers mainly to imprisonment of the offenders. On the other hand, there are several types of noncustodial sentence such as fine, probation and bond of good behaviour. Recently it can be seen that a new kind of non-custodial sentence, that is community service order has gained acceptance by the courts of law in several criminal jurisdictions in the world such as the United Kingdom and the United States of America. As a developing country, Malaysia must be proactive in keeping abreast of this legal development. Therefore it is important to identify whether in Malaysia there exists provisions of law that allow for the application of community service order as an alternative punishment. This paper aims at discussing the provisions of law pertaining to community service order and the extent of its applicability in criminal cases in Malaysia. For the purpose of this paper, the writers adopted a qualitative method, focusing on statutory analysis in order to reach the desired objective. DOI: 10.5901/mjss.2013.v4n10p154

The European Arrest Warrant: Latvian Experience of Application

The European arrest warrant (EAW) is a request by a judicial authority in one of the Member States of the EU to arrest a person in another Member State and to surrender that person to the former state for the purpose of prosecuting or executing a custodial sentence or detention order. It was adopted by the Council of the European Union on 13 June 2002. EAW is based on the principle of mutual recognition to foreign judicial decisions and judgments in criminal matters, simplifies and speeds up the procedure of extradition. The EAW ensures a good balance between efficiency and strict guarantees that the arrested person's fundamental rights are respected. EAW introduced innovative elements as compared with traditional extradition procedure: strict time limits, simpler procedures, no political involvement, surrender of nationals, guarantees, and grounds for refusal. EAW has been adopted along with the Criminal Procedure Law of Republic of Latvia on 1 October 2005. This paper comments on implementation of the EAW in the EU Member States and features some aspects of Latvian experience. DOI: 10.5901/mjss.2013.v4n11p310

Counterblast: The Perennial Problem of Short Prison Sentences

In the last three or four years there has been increasing attention on the use of short prison sentences and their effectiveness in the UK. This attention has focused on the continued evidence of high rates of recidivism for those who have served short prison sentences and the inability of these sentences to reform or rehabilitate offenders. Current evidence suggests that over half of all custodial sentences are for up to six months, with the majority of prisoners serving only a few weeks or months inside prison walls (Ministry of Justice 2012a). In terms of rehabilitation, the experiences gained over those short periods of time appear to have little effect. Over half of those on short sentences are reconvicted within one year and reconviction rates have been steadily rising over the last ten years (Ministry of Justice 2012b). This can hardly be taken as evidence of an effective policy, nor of any sign of improvement. It seems particularly perverse to continue with this ineffective policy in a time of austerity because the cost of imprisoning people for short periods is a significant drain on national resources (over £286 million in 2010 according to the National Audit Office (2010)). We have, however, been struggling to make short sentences ‘work’ for a considerable time now, with a significant stream of criticism stretching back for over 100 years

Política criminal del Estado colombiano y los derechos de las personas privadas de la libertad: Análisis legislativo y jurisprudencial Corte Constitucional

With the entry into force of the 1991 Constitution, Colombia entered the era of fundamental rights as they catalog the Superior text is large and that the Constitutional Court has given scope beyond the simple meaning of the sentences that make each of these fundamental rights. In turn, it started the legislation has couple that were in effect prior to the new Charter and new rules are enacted. In this legislative development, the Colombian State has issued numerous rules that allow the restriction of personal freedom of the people living in the Colombian territory, whether of a temporary (security measures) or has permanent level (custodial sentences). In that future legislation, the crisis within jails and prisons in the country worsened, today introduced massive violations of fundamental rights of persons deprived of liberty by court order. Overcrowding, lack of information necessary to meet the basic needs of prisoners, the absence of a criminal policy consonant with the reality of these detention centers are just some of the issues that shape the aforementioned rights violations. With the research carried seeks to make recommendations to the criminal policies in jail and prison, to enable the State to overcome this crisis.

Prisoner’s Higher Education in Lithuania and Foreign Countries: Possibilities and Motives

This article presents the educational aspects of prisoner access to higher education while in detention. The theoretical overview discusses the Lithuanian and foreign scientific resources, analyzing the importance of education for all human beings, no matter whether they are incarcerated or not. The empirical part, consists of surveys and questionnaires collected from Ministries of Justice, and other institutions that collect data on prisoners pursuing higher education in seven foreign countries. The empirical evidence highlights the possibilities of and motives for achieving a higher education degree by those performing custodial sentences in prison.
 The third paragraph of article 24 in Lithuanian law of education No. 38-1804 [11] addresses the right to education for every citizen and legal alien having a permanent or temporary residence in the Republic of Lithuania. The state guarantees the right to primary and secondary education. It also provides for accessibility to higher education, vocational training, and graduate degree programs. The law of education in Article 33, also addresses access to education for socially underprivileged people such as families living in poverty, refugees, people who have dropped out from school at an early age, unemployed, people with addiction problems, as well as those returning from correctional institutions. Thus, despite the social situation in Lithuania, the education system is designed so that it is available to everyone. In order to promote their effective adjustment into the community, disadvantaged individuals need access to education through social services and education assistance programs.
 This article aims to investigate the opportunities for access to higher education available to prisoners in detention and to understand the motivation.
 Objective – the availability of higher education in the Lithuanian prison system and the motivation.
 The article utilizes the following methods:
 Theoretical: the article reviews the scientific literature and legal analysis of documents of both Lithuanian and foreign authors, sources of information and insight into the normative documents of the formed provisions.
 Empirical: Surveys conducted with justice ministries or institutions that collect information about higher education for convicts, in seven foreign countries were conducted. Semi-structured interviews with prisoners who have acquired and the benefitted from higher education were also conducted with a written survey.
 The results of the questionnaire demonstrated that prisoners have a high level of desire to improve themselves through the selection of higher education, while free time is mentioned as a necessary component.
 Of the surveyed countries, representatives of institutions indicated that prisoners have the opportunity to study in higher education, but this opportunity depends upon certain circumstances.
 Lithuanian law provides higher education opportunities for socially excluded, at-risk groups. Imprisoned persons have a high level of motivation to be successful in the higher education and for learning. Thus, higher education institutions should have close cooperation with the correctional institutions.

PWE-141 Continuity Of Care in Hepatitis C Patients Serving a Custodial Sentence in Scotland

IntroductionHepatitis C Virus (HCV) has been deemed by the Scottish Government to be ‘One of the most serious and significant public health risks of our generation’.1 Approximately 90% of those...

The <i>Child Justice Act</i>: Procedural Sentencing Issues

In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences) or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo. The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so. Finally, the article addresses appeals against and reviews of the trial courts’ sentences. It notes that appeal by the child offender is made somewhat easier, as some child offenders need not obtain leave to appeal. These include children under the age of 16, or older children sentenced to imprisonment. Again, the meaning of “imprisonment” is at least somewhat ambiguous. The provisions on automatic review have attracted considerable judicial attention already. The majority of these judgments confirmed the apparently clear wording of the Act, in terms of which the cases of all child offenders under the age of 16 should be reviewed regardless of whether they were legally represented or of the sentence imposed. In the case of child offenders aged 16 or 17, only custodial sentences are reviewable. The judgments which found this to be an incorrect interpretation are dealt with in some detail, with the conclusion that they were incorrectly decided.

Mujeres jóvenes en el sistema de justicia juvenil

This article describes the most significant results of empirical research on the life trajectories of young women in juvenile justice. The analysis considers the most relevant factors, contexts and processes. To facilitate the reader’s understanding, the text is divided into two main sections, of exclusion and victimization as a state of vulnerability as a process of young women who offend and who end up serving a custodial sentence in Andalusia.

Cartel Criminalization and the Challenge of 'Moral Wrongfulness'

There is considerable debate at present, particularly in the Member States of the European Union, concerning the necessity and appropriateness of imposing custodial sentences upon individuals who have engaged in cartel activity. The vast majority of those contributing to this debate have focused on the punishment theory of (economic) deterrence. Little room is devoted to the punishment theory of retribution or to consideration of the 'moral wrongfulness' of cartel activity. This article posits that the issue of 'moral wrongfulness' is a central issue in the debate on cartel criminalization, irrespective of whether it is deterrence theory or retribution theory that informs the debate. By employing a norms-based approach, this article then examines the extent to which cartel activity can indeed be interpreted as conduct that is 'morally wrong' due to its violation of the moral norms against stealing, deception and/or cheating. By doing so, this article not only challenges traditional views of the nature of cartel activity but also provides scholars, legislatures and policymakers with specific analyses which are crucial to a decision whether to justify (or indeed to oppose) the introduction and maintenance of criminal cartel sanctions.

El tratamiento con mujeres: actuación socieducativa y sociolaboral en prisiones

This article aims to study and analyze the set of programs that make up the landscape of Spanish prison environment. Here we will prioritize and classify programs that, with emphasis socio-educational and socio-labor,may have a greater impact on social integration or reintegration work, in contrast to the perception ofwomenwho participate in these programs. From a multi-method research methodology (538 questionnaires and 61 in-depth interviews of women prisoners throughout the country), this article discusses the categories and data used for intervention in prisons state of art,with powerful reflections for the specialized field of SocialEducation Penitentiary (ESP). The conclusions drawn in this area are based on some small successes of the prison systemas access and proliferation of software, or the presence of certain gender and socio-cultural programs. However, there remainmajor challengeswithin the recovering constitutional purposes awarded to custodial sentences, within our democratic framework. The results show a role for recreational programs with leisure and recreational focus, to the detriment of socio-educational programs focus on emancipation and freedom. Similarly, there is an overwhelming failure of the itineraries that allowsocial and labormarket participation in active employment in the period of release (perpetuating also traditional gender roles). This reality, therefore, shows that the Correctional Institution continues to exert multiple violence and exclusion toward people punished, that undermine the dignity and potential re-education and rehabilitation.