Custodial Sentences Research Articles

An Empirical Test of the Factor Structure of the Violence Risk Scale and Its Measurement Invariance Across Time and Cultural Groups

Violence risk assessment instruments are used to inform key decisions about treatment planning and delivery, release on parole, and intensity of supervision in the community. Yet, limited published information is available about psychometric properties other than predictive validity. The purpose of this study was to examine the factor structure and measurement invariance across pretreatment to posttreatment and cultural groups of one of the most widely used violence risk assessment instruments, the Violence Risk Scale (VRS). Data from 366 completed assessments at preintervention and postintervention phases for adults serving custodial sentences for violent offenses in an Australian jurisdiction were subject to confirmatory factor analysis. The results indicated four intercorrelated but conceptually independent dimensions. Furthermore, measurement invariance was established across pretreatement and posttreatment occasions and different cultural groups. However, latent means comparison revealed significant difference across cultural groups, raising questions about sensitivity and generalizability of the VRS when used with diverse cultural groups.

A qualitative exploration of the role of employment in desistance and subsequent identity change – ex-prisoners’ lived experiences

PurposeIn the context of desistance, employment has been described as a contributing factor in the formation of a non-offending identity. This study aims to examine the lived experiences of adult male ex-offenders who had served a custodial sentence in the UK, to explore the potential influence of employment as a desistance-promoting factor in the construction of a new, non-offending identity.Design/methodology/approachInterpretative phenomenological analysis was applied to eight semi-structured interview transcripts, up to 12 months after release from prison, from which five themes emerged.FindingsFindings showed that lawful income through employment is associated with a shift in the values and goals of former prisoners, but only after transformation from an offending identity into a pro-desistance identity had taken place. The early days of prison, soon after induction, were reported as critical to catalyzing identity reconstruction. Once committed to a non-offending identity, desistance was then consolidated by employment and external support.Practical implicationsExternal support soon after arrival at prison may be useful in helping offenders to develop a non-offending identity. Professionals within the prison service could initiate identity reconstruction strategies in the days immediately following arrival at prison. This was shown to be a potential key phase of reflection for offenders, which could result in life-changing identity reconstruction.Originality/valueThe findings challenge previous research, which suggests that identity change occurs on release from prison or after sourcing regular employment. The application of identity reconstruction strategies, immediately following arrival at prison, might provide a useful approach when supporting the development of a non-offending identity among adult men serving a custodial sentence.

Investigating sentence severity with judicial open data: A case study on sentencing high-tech crime in the Dutch criminal justice system

Open data promotes transparency and accountability as everyone can analyse it. Law enforcement and the judiciary are increasingly making data available, to increase trust and confidence in the criminal justice system. Due to privacy legislation, judicial open data -- like court judgments -- in Europe is usually anonymised. Because this removes part of the information on for instance offenders, the question arises to what extent criminological research into sentencing can make use of anonymised open data. We answer this question based on a case study in which we use the open data of the Dutch criminal justice system that rechtspraak.nl/Uitspraken makes available. Over the period 2015-2020, we analysed sentencing in 25,366 court judgments and, in particular, investigated the relationship between sentence severity and the offender's use of advanced ICT -- as this is information that is readily available in open data. The most important results are, firstly, that offenders who use advanced ICT are sentenced to longer custodial sentences compared to other offenders. Second, our results show that the quality of sentencing research with open data is comparable to the quality of sentencing research with judicial databases, which are not anonymised.

Investigating sentence severity with judicial open data

Open data promotes transparency and accountability as everyone can analyse it. Law enforcement and the judiciary are increasingly making data available, to increase trust and confidence in the criminal justice system. Due to privacy legislation, judicial open data — like court judgements — in Europe is usually anonymized. And even if the court judgement has been made public, the rest of the case file is usually not published. Therefore, the question arises to what extent criminological research into sentencing can make use of anonymized open data. We answer this question based on a case study in which we use the open data of the Dutch criminal justice system that is available on https://www.rechtspraak.nl/Uitspraken. Over the period 2015–2020, we analysed sentencing in 25,366 court judgements and investigated the relationship between sentence severity and the offender’s use of advanced Information and Communication Technology (ICT). The most important results are, firstly, that offenders who use advanced ICT are sentenced to longer custodial sentences compared to other offenders. Secondly, sentencing research with open data is found to be feasible.

The role of the compensatory mechanism in the implementation of criminal policy and criminal enforcement policy

Repeated requests from applicants to the European Court of Human Rights v. The Republic of Moldova described the same problems with material conditions of detention, such as overcrowding in prisons, lack of hygiene and adequate material conditions of poor quality and quantity. Insufficient food, as well as a lack of adequate medical care, led the Court to find that poor detention conditions in the Republic of Moldova are a systemic problem. The state of affairs in which the Republic of Moldova was mentioned conditioned the immediate implementation of remedies with preventive and compensatory effects that would guarantee an effective compensation from the state for violations of the Convention, violations that occurred not only during detention but also in the time the person was under criminal investigation. Such a remedy has been recognized as a compensatory mechanism, through which the claimant can submit a claim to the national court, which, if it finds that there has been a violation of the Convention, is entitled to reduce part of the compensation mechanism by applying the compensatory mechanism. the custodial sentence applied.

Reduction in incidents during COVID-19 in a Secure Children’s Home: an opportunity for learning

PurposeThe COVID-19 pandemic is unprecedented for young people within the UK. The pandemic has presented particular challenges for vulnerable children and young people. For example, a recent study in the UK indicated that 83% of young people with existing mental health conditions said the pandemic had made their condition worse (Young Minds, 2020). To date, the impact upon populations such as young people in Secure Children’s Homes (SCHs) is unknown. This study aims to elucidate this area.Design/methodology/approachSCHs provide a safe, supportive environment for vulnerable young people who frequently present with multiple and complex needs. Young people residing within a SCH may be residing at the setting because of a Secure Accommodation Order under a Section 25 Order of the Children’s Act (1989) or for criminal justice reasons, i.e. serving a Remand period or custodial sentence. Preliminary research compared a baseline period to a follow-up period after the commencement of COVID-19 national lockdown measures within a SCH in the North of England to develop understanding of the impact for young people.FindingsA significant decrease in overall incidents (t (5) = −6.88, p < 0.001), restraints (t (5) = −9.07, p < 0.001) and other incidents including assaults occurred during follow-up. The SECURE STAIRS framework supports trauma-informed care and enhances support within the setting. Consistent with the framework, provision of formulation meetings was significantly increased within the follow-up period (Welsh’s t (74) = −2.74, p < 0.001). Reflections and future recommendations are outlined.Originality/valueThe unanticipated results highlight the value of examining incident data within secure environments and could lead to effective practice changes for practitioners working within this domain. This research also demonstrates how frameworks such as SECURE STAIRS can be beneficial for vulnerable young people during periods of change and stress in mitigating some of the potential negative effects. The implementation of such frameworks within SCHs is still novel and thus evaluative research is valuable.

The association between sentencing and recidivism in men who have committed a sexual offence

ABSTRACT There have been few studies examining the impact of sentencing decisions on recidivism in individuals who commit sexual offences, which is important as this population may face more stigma, and different conditions in the community, than individuals who have committed non-sexual offences. The present study examined how sentence type and custodial sentence length impacted the incidence of sexual, violent, and non-violent recidivism in 659 Canadian men who were convicted of a sexual offence. Findings suggested that custodial sentences were associated with a greater likelihood of reoffending for all types of recidivism, except sexual recidivism. Custodial sentences of less than two years were consistently associated with an increased likelihood of non-sexual recidivism compared with those who served no time in custody. There was more mixed evidence for whether custodial sentences and custodial sentence length added to the prediction of recidivism once risk and sexual offence type were accounted for. Practice Impact StatementCustodial sentences, including shorter custodial sentences, was associated with increased violent and non-violent reoffending. Accounting for risk and type of sexual offence introduced greater uncertainty regarding the relationship between sentencing factors and recidivism. These findings contribute to the larger body of literature that questions the rehabilitative impact of lengthy custodial sentences.

Working memory guidance of visual attention to threat in offenders.

Aggression and trait anger have been linked to attentional biases toward angry faces and attribution of hostile intent in ambiguous social situations. Memory and emotion play a crucial role in social-cognitive models of aggression but their mechanisms of influence are not fully understood. Combining a memory task and a visual search task, this study investigated the guidance of attention allocation toward naturalistic face targets during visual search by visual working memory (WM) templates in 113 participants who self-reported having served a custodial sentence. Searches were faster when angry faces were held in working memory regardless of the emotional valence of the visual search target. Higher aggression and trait anger predicted increased working memory modulated attentional bias. These results are consistent with the Social-Information Processing model, demonstrating that internal representations bias attention allocation to threat and that the bias is linked to aggression and trait anger.

К вопросу о правосубъектности и уголовно-исполнительных правоприменительных действиях исправительных учреждений

The issues of correctional institutions' legal capacity and penal law enforcement activities remain insufficiently studied in the science of penal law. Since correctional institutions are complex social organizations, the composition of subjects providing for the execution of sentences of imprisonment is not limited to correctional institutions. According to the author, taking into account generic and specific concepts, subjects that ensure the execution of custodial sentences should be classified into collective and individual. Penal law enforcement actions in correctional institutions' law enforcement activities are classified into three groups: (1) actions to establish the factual circumstances of the case; (2) actions expressing the choice and analysis of legal norms; (3) actions that ground the resolution of a legal case. Taking into account the implementation of regulatory and protective penal legal relations, the application of each of these groups of actions has its own features.

The system of punishments in the People’s Republic of China not related to deprivation of liberty

The system of applying non-custodial punishments is designed to help reduce the costs of applying a custodial sentence and is a trend of spreading the punishment of offenders by a method unrelated to detention. Correction by measures of public influence and injunction are important types of punishment, which are part of the system of punishments not related to imprisonment in the People’s Republic of China, effectively contributing to the re-education of offenders. Improving the system of correction of offenders through the use of public pressure measures and injunctive relief is of great importance for the implementation of non-custodial punishments.

The new constitutional provision for the protection of decent living and its implementation in criminal sanctions in Greece

After the constitutional amendment of 2019, a new constitutional provision (Art. 21 Para 1b Gr. Const.) provides the state's obligation to protect decent living. This provision belongs systematically to the field of social welfare rights, and its purpose is to enhance the protection of socio-economic rights. This paper argues that the same provision can also apply to the criminal system, mainly during the sentencing. Article 21 Para 1b Gr. Const. in conjunction with the human dignity principle (Article 2 Para 1 Gr. Const.) can enhance the rights of the sentenced in two ways: setting the constitutional limit of decent living protection during sentencing with non-custodial sentences and enhancing the right of judicial protection of those that serve custodial sentences under conditions that violate Article 3 ECHR.

Fulfillment of the Conditions of Law no. 302/2004 on the European Arrest Warrant

In the Romanian and European doctrine, taking into account the definition given by the European legislator in the normative act itself, the Framework “Decision no. 2002/584/JHA, the European arrest warrant was defined in a similar manner as the legislator did”. Thus, one jurisprudential decision states that: “from a legal point of view, the European arrest warrant is defined as a court decision issued by the competent judicial authority of an EU Member State, in order for another state to arrest and hand over a person who is wanted in order to stand for prosecution, trial or the execution of a custodial sentence or a security measure” (European Court of Justice, 2016).

CROSS-BORDER TRANSFER OF PRISONERS IN THE LIGHT OF THE CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

A set of cases of the Court of Justice of the European Union have been adopted, supplementing the Framework Decision 2008/909/JHA on mutual recognition of custodial sentences and deprivation of liberty. In five sections the paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings.

Profile of detention institutions for the implementation of measures and custodial sentences

Given that penal punishment is applied for the purpose of restoring social equity, correction and resocialization of the convict, as well as deterrence of further crime, it becomes imperative that penal enforcement measures are tailored according to both the specific features of the punishment and the individual characteristics of the convict. Therefore, the system of prison sentence enforcement faces a complex task because deprivation of liberty, by its nature, imposes a range of restrictions and limitations. In the process of enforcing prison punishments, there is a risk that punishment measures might cause physical damage and even downgrade the dignity of the convicted person. This article aims to analyse the current situation in the prison administration system in areas that regard the implementation of the legal provisions on prisoners’ placement according to types of prisons and regimes. Moreover, the paper identifies gaps in the legal frameworks and formulates proposals for addressing the pinpointed issues. The relevance of this topic lies in the fact that the purpose of punishment can be fulfilled only when the system of prison regimes is applied by taking into consideration the individual psychological and social needs of the persons deprived of liberty.

Evaluation of convicts for progressive planning of the execution of the custodial sentence

Evaluation of convicts for progressive planning of the execution of the custodial sentence

The Effect of Pretrial Detention on Labor Market Outcomes

ObjectiveTo study the effect of pretrial detention on post-verdict labor market outcomes.MethodWe combine Chilean individual administrative data for criminal cases and labor market outcomes to estimate the effect of pretrial detention for first-time defendants on labor outcomes using the Difference-in-differences (DiD) method, controlling by individual fixed effects, and an instrumental variables (IV) approach. The IV approach takes advantage of the quasi-random assignment of judges.ResultsThe IV results show that pretrial detention reduces the probability of having formal employment and the average monthly wage by 39% and 56% during the six months following the final trial verdict. DiD estimation delivers estimates that are between one-third and one-half smaller. The magnitudes of the effects shown continue to be relevant as much as 24 months after the final trial verdict. The negative effect of pretrial detention also exists for accused individuals whose trial does not end with a custodial sentence. The results of our analysis suggest that the negative effect of pretrial detention is (at least) driven by the lasting effect of being excluded from the labor market during the trial, the accompanying social stigma, and the impact of pretrial detention on the probability of post-verdict incarceration.ConclusionDespite the relevant and lasting effects of pretrial detention on labor market performance, the evidence suggests that individuals in both the control and treatment groups keep the same labor dynamics pretrial and posttrial if they return to work immediately after its conclusion. Therefore, conditional on the decision to keep pretrial detention as an ongoing policy, a possible avenue to attenuate the negative effect on labor outcomes is to design public policies that support access to the labor market and finding an employment position immediately following pretrial detentions and trial proceedings.

Defendants with intellectual disability and autism spectrum conditions: the perspective of clinicians working across three jurisdictions

The treatment of vulnerable defendants by criminal justice systems or correctional systems varies within and between countries. The purpose of this paper is to examine three legal jurisdictions – New South Wales in Australia; Norway; England and Wales – to understand the extent of variation in practice within the court systems for defendants with intellectual disabilities (ID) and/or autism spectrum conditions (ASC). Two of the jurisdictions had a process for screening in place, either in police custody or at court, but this was not universally implemented across each jurisdiction. All three jurisdictions had a process for supporting vulnerable defendants through the legal system. Across the three jurisdictions, there was variation in disposal options from a mandatory care setting to hospital treatment to a custodial sentence for serious offences. This variation requires further international exploration to ensure the rights of defendants with ID or ASC are understood and safeguarded.

Healthcare needs of young people transitioning back to the community after a custodial sentence

Abstract Background People in prison have poorer health outcomes than the general population, added by the long-term impact of incarceration on mortality. Young people in custody face extra challenges associated with the stage of development. There is a lack of a tailored approach and policy to young people when transitioning back to the community. This paper draws from a PhD research that looked at the challenges to access healthcare during the transition back to the community. The specific question is: What are young people's healthcare needs when released from custodial sentences? Methods An ethnographic study conducted in Scotland in partnership with a community-based organisation. The participants were eight young people and ten practitioners that work in health and social care. Participatory observation and in-depth interviews were used to collect data during July 2019 and March 2020. Data analysis was conducted with Reflexive thematic analysis. NVivo supported data management. Results The identified needs were individualised issues, structural factors, mental health, substance use and geographical disposition of services. There is a need for mental support and continuity of care associated with substance use. The demand for local services is vital for healthcare provision. Healthcare needs go beyond the necessity of services and health issues. They are associated with stigma in the interaction with practitioners. Institutional practices and practitioners' attitudes reinforce non-explicit forms of discrimination and health inequalities. Conclusions Practitioners and policymakers need to focus on the person-centred approach. They need to listen to young people. Data showed a need for specific services, like mental health and drug use. Moreover, practitioners need to avoid stigmatisation and discrimination by a caring practice. Public health and social care policies need to address stigma and access to services for young people after a custodial sentence. Key messages It is necessary to avoid stigmatisation and improve access to services for young people transitioning back to the community after a custodial sentence. Public Health and social care policies need to address this marginalised group by offering person-centred approaches, continuity of care and support during re-entry.

Education in Confinement: The Reintegration of Young People in Prison in La Araucanía, Chile

This article addresses the social reintegration of young people studying in the prison of La Araucanía, Chile. Our objective is to describe the social representation of young people between 19 and 29 years old, who are currently serving a custodial sentence, in their reintegration process after secondary education. We start off with the acknowledgement that both social mobility and educational career are historically marked by the reproduction of sociocultural inequality: Educational structures do not fulfill the mission of providing tools for a persons’ life. Our article is based on a unique case study in which a current phenomenon is investigated; in this case, social reintegration within an authentic context—prison. Semi‐structured interviews were applied during our research and participants’ narratives were methodologically triangulated. Our article concludes that, given the presence of homogenizing and inefficient study plans, young people demand deep changes that are linked to a social pedagogy, which values their skills and life project through an awareness process. This process would enable them to explore their reality and cultural action in order to become conscious young people and co‐creators of their future once in freedom.

Theoretical-practical approaches regarding the detention regimes in the penitentiaries of the Republic of Moldova

This article highlighted the specific nature of the execution of custodial sentences in the Republic of Moldova. Similarly, some theoretical and practical aspects of the current difficulties encountered in achieving the purpose of the deprivation of liberty were approached through the proper application of progressive and regressive regimes. Special importance has been given to the identification of the current regulations that determine the placement in different types of prisons with the three detention regimes. Also, this scientific paper draws attention to the necessity to carry out studies aimed at contributing to the formulation of proposals for amending the normative and institutional framework in order to enforce custodial sentences, including the current infrastructure conditions. For a suitable weighting of the necessary efforts in the process of applying new detention regimes. Thus, the legal analysis of the present provisions has attempted to make the present work useful both to the justices and to the academic environment regarding the current realities concerning the application of detention regimes and the need for intervention in this field.