Custodial Sentences Research Articles

The Concept of Social Rehabilitation and its Elements in the Transfer of Prisoners for Further Execution of a Custodial Sentence

This article analyses the origins of the aim of social rehabilitation in the transfer of prisoners for further execution of a custodial sentence, elements of social rehabilitation, and its concept, which is not explicitly defined at the European Union level. In order to deliver a more thorough analysis of social rehabilitation elements, special attention is given to the relevant Lithuanian legislation and jurisprudence regarding the elements of social rehabilitation and their assessment.

Evaluation of a national smoke-free prisons policy using medication dispensing: an interrupted time-series analysis

SummaryBackgroundInternationally, smoking prevalence among people in prison custody (ie, people on remand awaiting trial, awaiting sentencing, or serving a custodial sentence) is high. In Scotland, all prisons implemented a comprehensive smoke-free policy in 2018 after a 16-month anticipatory period. In this study, we aimed to use data on medication dispensing to assess the impact of this policy on cessation support, health outcomes, and potential unintended consequences among people in prison custody.MethodsWe did an interrupted time-series analysis using dispensing data for 44 660 individuals incarcerated in 14 closed prisons in Scotland between March 30, 2014, and Nov 30, 2019. We estimated changes in dispensing rates associated with the policy announcement (July 17, 2017) and full implementation (Nov 30, 2018) using seasonal autoregressive integrated moving average models. Medication categories of primary interest were treatments for nicotine dependence (as an indicator of smoking cessation or abstinence attempts), acute smoking-associated illnesses, and mental health (antidepressants). We included antiepileptic medications as a negative control.FindingsA 44% step increase in dispensing of treatments for nicotine dependence was observed at implementation (2250 items per 1000 people in custody per fortnight, 95% CI 1875 to 2624) due primarily to a 42% increase in dispensing of nicotine replacement therapy (2109 items per 1000 people in custody per fortnight, 1701 to 2516). A 9% step decrease in dispensing for smoking-related illnesses was observed at implementation, largely accounted for by respiratory medications (−646 items per 1000 people in custody per fortnight, −1111 to −181). No changes associated with announcement or implementation were observed for mental health dispensing or antiepileptic medications (control).InterpretationSmoke-free prison policies might improve respiratory health among people in custody and encourage smoking abstinence or cessation without apparent short-term adverse effects on mental health dispensing.FundingNational Institute of Health Research Public Health Research programme, Scottish Government Chief Scientist Office, and UK Medical Research Council.

Motor difficulties in young people who offend

BackgroundResearch suggests that motor difficulties may be closely associated with severe emotional and behavioural problems in children. However, there is limited research on the role of motor function in young adults who offend. AimsTo assess motor skills, balance, and primary reflex persistence in young people who offend, and to examine the relative association of different motor factors with self-reported levels of aggression. MethodsWe recruited three groups of males (14–18 years); young people serving custodial sentences (n = 33) in a youth justice centre, and an IQ-matched comparison group (n = 36) and an average-IQ comparison group (n = 38) of non-offenders. All completed a standardised test of motor skills, clinical assessment protocols for balance and primary reflex persistence, and a standardised self-report behavioural rating scale. ResultsThe youth justice group showed significantly lower abilities in some motor skills and balance and significantly higher levels of primary reflex persistence and aggression than both comparison groups. In a multiple regression model, only manual dexterity (p = .032) and primary reflex persistence (p = .002) were significant predictors of aggression. ConclusionsA broad range of motor difficulties are likely to occur in young people who offend. We discuss the implications of motor difficulties for approaches to rehabilitation of persistent offenders.

The Theoretical Proposition to Promote and Motivate Prison Labour in Ghana

The ultimate purpose of the prison industry over the years was for the incarceration of criminals to serve their custodial sentence, which was later fused with rehabilitation programs to reform criminals to become better citizens after being released from custodial sentences. However, the outcome of the reformation of convicts after released from the prison has been a sad story than expected success cases. Hence, the theoretical proposition of the paper with respect to the prison industry of Ghana is to resolve recidivism, promote inmates’ skill upgrade and labour reformation programs to become socio-economic beneficial during and after a custodial sentence.

Our love was a two-person game. At least until one of us died, and the other became a murderer: sexual homicide perpetrated by intimate partners

Purpose The analysis of previous studies showed that research pertaining to the examination of the crime scene and Modus Operandi variables in intimate partner homicide (IPH) is scarce. Additionally, to our knowledge, there are no studies investigating sexual homicide perpetrated by intimate partners. This study aims to address that void. Thus, the study examined various components of the crime event and as such, it was exploratory in nature. Design/methodology/approach The study consisted of male sexual killers, who perpetrated against pubescent female victims (14 years old and over) and served a custodial sentence within Her Majesty’s Prison Service in England and Wales. Variables for the study were chosen on the basis of previous research examining IPH and sexual homicide. Descriptive analyses were used in this exploratory study. Findings Descriptive analyses indicated that the most prevalent aggravating circumstances in the lead up to the killing included conflict with the victim before the offence and substance use by the perpetrator around the time of the killing. Stalking was present in approximately a quarter of cases. The results of the analyses of sexual behaviours showed that in 54.9% of the sample the act of killing was purely instrumental whereas in 39.4% of the sample the underlying drive of the act of killing was closely related to the sexual aspect. Originality/value This is a unique study on a topic not yet explored.

The criminal and administrative type of front running practice and damage to the securities market

The purpose of this article is to clarify non-equitable market practices and crimes against the securities market, especially the practice of front running, in addition to point cases in which individuals acted illegally and indicate the damages to the market that this practice has caused. It also explains the possible criminal and administrative sanctions applied to the practice of front running presently in Brazilian law and whether using HTFs is considered a way of front running. The conclusion is that the practice of front running affects the proper functioning of the securities market. It damages the liquidity of assets and the parity of information principle through the inappropriate use of inside information. In addition, there is an appeal for hardening custodial sentences on crimes against the securities market, as it has greater coercive power than regular fines.

Treatment of opioid dependence with depot buprenorphine (CAM2038) in custodial settings.

Background and aimsOpioid agonist treatment is effective but resource intensive to administer safely in custodial settings, leading to significant under‐treatment of opioid dependence in these settings world‐wide. This study assessed the safety of subcutaneous slow‐release depot buprenorphine in custody.DesignOpen‐label, non‐randomized trial.SettingCorrectional centres in New South Wales, Australia.ParticipantsSixty‐seven men and women, aged ≥ 18 years of various security classifications with a diagnosis of moderate to severe DSM‐5 opioid use disorder currently serving a custodial sentence of ≥ 6 months were recruited between November 2018 and July 2019. Patients not in opioid agonist treatment at recruitment commenced depot buprenorphine; patients already stable on oral methadone treatment were recruited to the comparison arm.Intervention and comparatorDepot buprenorphine (CAM2038 weekly for 4 weeks then monthly) and daily oral methadone.MeasurementsSafety was assessed by adverse event (AE) monitoring and physical examinations at every visit. Participants were administered a survey assessing self‐reported diversion and substance use at baseline and weeks 4 and 16.FindingsRetention in depot buprenorphine treatment was 92.3%. Ninety‐four per cent of patients reported at least one adverse event, typically mild and transient. No diversion was identified. The prevalence of self‐reported non‐prescribed opioid use among depot buprenorphine patients decreased significantly between baseline (97%) and week 16 (12%, odds ratio = 0.0035, 95% confidence interval = 0.0007–0.018, P < 0.0001).ConclusionsThis first study of depot buprenorphine in custodial settings showed treatment retention and outcomes comparable to those observed in community settings and for other opioid agonist treatment used in custodial settings, without increased risk of diversion.

Chapter 14 – Sentencing the Toronto 18: Lessons from Then, Lessons for Now

Eleven of the Toronto 18 were eventually charged and tried for terrorism offences. All of them were found guilty and received various lengthy custodial sentences. This chapter considers the enduring importance of these ground-breaking sentencing decisions, including what they have meant for future cases in terms of the length of sentence, how aggravating and mitigating factors are to be considered in the context of terrorism offences, and how the fundamental principle of sentencing is to be conceived in cases of terrorism. It finds that the Toronto 18 sentencing decisions have had lasting importance on subsequent terrorism sentencing decisions, especially since they were amongst the very first and thus, precedent setting terrorism sentencing decisions, there were so many of them relative — even now — to the total number of terrorism cases in Canada, and their logic has been adopted by subsequent judges. But this judicial logic also comes under scrutiny.While each sentencing decision was tailored to the individual, varied in length and analysis, and clearly gave longer sentences for the lead actors, they also diverged in approach from the usual application of the “fundamental principle.” Instead, the analysis of terrorism offences in the Toronto 18 sentencing decisions was often portrayed through the broader lens of terrorism and the threat it poses conceptually; the result was a downplaying of individuality, which in turn caused certain fundamental mitigating considerations – such as youth and prospects for rehabilitation – to be turned into neutral, or even aggravating, factors. The result seemed to skew the normal balancing of individual moral culpability with the seriousness of the offence (the fundamental principle) towards the latter consideration, with a view to elevating denunciation and deterrence as the preeminent sentencing goals in terrorism cases.

Reviewing suitability of Essex Partnership University Foundation NHS Trust out of area locked rehab placements

AimsTo look at 14 EPUT out of area patient profiles, map their journey to the current locked rehab placements -To review the appropriateness of placement of 14 patients through reviewing whether the care provided is achieving the rehabilitation goals.To look at patients’ needs and whether the local alternatives can provide the careBackgroundRehabilitation services aim to help complex General Adult Mental health patients reintegrate in the community by promoting independent living skills. Some complex mental health patient's care needs mandate a specialist rehabilitation services. Currently there has been a nationwide shortage of local rehabilitation services. This resulted in placing complex needs patients out of area in locked rehabilitation hospitals and miles away from their local community connections. Families and local community team providers travel miles to keep in contact with their complex need persons. The NHS five year plan includes minimizing the current out of area placements and for local services to work together as per CQC recommendations to work together and bring those individuals closer to home.MethodWe designed a tool and examined the electronic records for all 14 out of area placed patient profiles, mapping their clinical journey and reviewing whether the care provided is achieving the rehabilitation goals.Result(N = 14), Patient profiles: 78.5% had residual symptoms (Psychotic symptoms 85%). Patient's Illness profile; treatment resistant with residual symptoms in 71.4% and 7% had comorbid illicit substance misuse, other illness profiles 21.4%. History of alcohol and illicit drug misuse was present in 78.5% and 45% of them were using illicit substances more than 5 years. .patients’ risk profile revealed 86.7% had history of non-compliance. Attempted suicide 21.4% has attempted suicide at list once in which 1/3 of them had more than one attempt. 64.3% Had positive history of offending behavior. All patients in the sample had history of violence 85.7% had risk of vulnerability and self-neglect, 28.5% has history of carrying weapons, 35.7 had a previous Custodial sentence. Average Duration of illness average 16.7 years, average distance from home was 149 miles though clozapine was considered in 92.8% only 35.7% of sample was on clozapine, and the other 64.3% were on combinations. Only 35.7% were on depot.ConclusionThere is a need for expert input for advice regarding complex Management of residual symptoms and rehabilitation needs in the community. Health and social care joint working is needed.

Sentencing Multiple- Versus Single-Offence Cases: Does More Crime Mean Less Punishment?

Abstract The ‘totality principle’ in law aims to show mercy to offenders in multiple-offence (MO) cases and retain ordinal proportionality in punishing those who commit different categories of offence. The effect of this principle in practice, however, is largely unknown. The present study involved an analysis of data released by the Sentencing Council for England and Wales to estimate the prevalence of MO cases and compare the penalties they received against comparable single-offence (SO) cases. MO cases represented approximately half of the cases in the sample which included violent, property, drugs and driving offences. Offence-specific regression analyses revealed that MO/SO case status was not a significant predictor of receiving a custodial sentence or of custody length. Thus, by applying the totality principle, sentencers may be letting MO offenders ‘off lightly’. Potential explanations for this unintentional effect on decision-making lies in how the totality principle is defined and interpreted, and recommendations are made for revising the guideline on application of the totality principle.

La suspensión condicional de la pena.

Se ha mantenido en silencio por el temor al estigma de una sociedad injusta frente a un ser humano, que en su actuar contravino la norma y como consecuencia de ello ha sido sancionado con la imposición de una pena privativa de su libertad. El Código Orgánico Integral Penal permite a determinados sentenciados, a que la pena privativa de la libertad que le fuera impuesta sea suspendida de manera condicional, cumpliendo las condiciones legales que le sea impuesta por el juzgador y por un tiempo igual al de la pena impuesta. La suspensión condicional de la pena como figura jurídica, otorga el beneficio de cumplir la pena sin necesidad de que sea coartada la libertad, condicionándola al cumplimiento de determinadas condiciones legales.

Time for Time: Uncovering Case Processing Duration as a Source of Punitiveness

The literature on sentencing has devoted ample consideration to how prosecutors and judges incorporate priorities such as retribution and public safety into their decision making, typically using legal and extralegal characteristics as analytic proxies. In contrast, the role of case processing efficiency in determining punishment outcomes has garnered little attention. Using recent data from a large Florida jurisdiction, we examine the influence of case screening and disposition timeliness on sentence outcomes in felony cases. We find that lengthier case processing time is highly and positively associated with punitive outcomes at sentencing. The more time prosecutors spend on a case post-filing, the more likely defendants are to receive custodial sentences and longer sentences. Case screening time, although not affecting the imposition of custodial sentences, is also positively associated with sentence length. These findings are discussed through the lens of instrumental and expressive functions of punishment.

Opportunities to improve China's biodiversity protection laws.

Since 1989, China has established a system of powerful laws and regulations aimed to preserve its rich natural flora and fauna. However, this legislative framework still has shortcomings, in terms of sentencing standards across related crimes and the extent of scientific basis for sentences. Here, we review Chinese biodiversity protection laws and some example cases with the goal of suggesting ways to increase law compliance and thus better protect biodiversity. In particular, our suggestions involve regular updates of threat assessments based on scientific evidence including herbaceous plants, fungi and algae; considering ecological differences among the species groups and ensuing ecological damage and financial profit gained; and a differentiation of punishment between organized and individual crimes, with a preference for custodial sentences for the former and monetary fines for the latter, to comply better with international standards and to minimize the incentive to engage in such conduct.

POSTPONEMENT OF CUSTODIAL SENTENCE EXECUTION IN COURT STATISTICSs

Postponement of the custodial sentence execution is one of few derogations from the rule of immediate sentence execution, defined in art. 9 § 1 of the Penal Enforcement Code. Its application results in a situation when some of the convicted remain outside the penitentiary system in the period defined by the court in the postponement order. Because of that fact, this institution at least periodically influences the size of the prison population. This article analyses the application of postponement of the custodial sentence execution based on statistical data and its impact on shaping the domestic prison population. The research material comprised statistical data, included in MS-S10 reports on executing orders according to material jurisdiction for the period 2012-2018 (concerning district and regional courts), made available by the Managing Statistical Information Division of the Strategy and European Funds Department within the Ministry of Justice. The data were presented in charts made by the author. The dissertation is opened with the analysis of the data, which concern passing the custodial sentence. It also includes modal forms such as substitutive custodial sentences instead of unpaid fines and unserved custodial sentences, as well as orders to serve suspended custodial sentences and orders to cancel parole. All the above prepare the ground for the central dissertation issues, i.e., the policy that applies the postponement of the custodial sentence execution by district and regional courts and the significance of the postponement mentioned above among other reasons for not putting the convicted in penitentiaries. Having done the preliminary research of available statistical data, the author concludes that, compared to other reasons for not putting the convicted in prisons, the role of the postponement of the custodial sentence execution in shaping the prison population is decreasing. This phenomenon should be perceived as an unfavourable one in principle. The author explains the view in the final remarks.

Lengthy Prison Term as a Psychological Issue in the Penal System of the Russian Federation

Introduction: the paper analyzes scientific data related to the definition of the phenomenon “lengthy prison term” and demonstrates a relative and conditional nature of this phenomenon. Available scientific research findings in this area suggest that the duration of serving a sentence is an exclusively subjective measure for various criminals. Goal: to identify the impact of the length of prison sentences on convicts in the context of their reformation. Methods: we use general scientific research methods (analysis, synthesis, comparison, generalization). The work is based on the results derived from the analysis of relevant foreign and domestic studies. Results: by analyzing the influence of specific features inherent in correctional institutions, we reveal the following inconsistency: custodial sentences and lengthy prison terms contribute to the adaptation of convicts to prison conditions, development of negative changes in their personality, destructive conduct, etc. In addition, prolonged stay in a correctional institution reduces the impact of major means of reformation such as prison regime, educational work, and socially useful work. Conclusions: when determining the length of prison term, it is necessary to proceed not so much from the nature and degree of public danger of the act, but from individual features of the criminal’s personality, their social environment, and the motive for the crime committed. It is necessary to abandon the quantitative approach to determining the mea sure of punishment expressed in the length of the prison term. Key words: lengthy prison term; serving a sentence; correctional institutions; crime; convicts; reformation; punishment; penal system of the Russian Federation; isolation conditions.

Attributable fractions for substance use in relation to crime.

AimsBuilding upon an existing methodology and conceptual framework for estimating the association between the use of substances and crime, we calculated attributable fractions that estimate the proportion of crimes explained by alcohol and six other categories of psychoactive substances.DesignCross‐sectional surveys.SettingCanadian federal correctional institutions.ParticipantsCanadian men (n = 27 803) and women (n = 1335) offenders who began serving a custodial sentence in a Canadian federal correctional institution between 2006 and 2016.MeasurementsOffenders completed the computerized assessment of substance abuse, a self‐report tool designed to assess (1) whether the offence for which they were convicted would have occurred had they not been intoxicated from alcohol or another substance, (2) whether they committed the offence to support their alcohol or other substance use and (3) whether they were dependent on alcohol (alcohol dependence scale) or another substance (drug abuse screening test). Offences were grouped into four mutually exclusive categories: violent crimes, non‐violent crimes, impaired driving and substance‐defined crimes. This study focused on violent and non‐violent crime categories. Substances assessed were: alcohol, cannabis, opioids, other central nervous system (CNS) depressants, cocaine, other CNS stimulants and other substances.FindingsAccording to offender self‐report, 42% of all violent and non‐violent crime would probably not have occurred if the perpetrator had not been under the influence of, or seeking, alcohol or other substances. Between 2006 and 2016, 20% of violent crimes and 7% of non‐violent crimes in Canada were considered attributable to alcohol. In contrast, all other psychoactive substance categories combined were associated with 26% of all violent crime and 25% of non‐violent crime during the same time‐frame.ConclusionsAttributable fraction analyses show that more than 42% of Canadian crime resulting in a custodial sentence between 2006 and 2016 would probably not have occurred if the perpetrator had not been under the influence of or seeking alcohol or other drugs. Attributable fractions for alcohol and substance‐related crime are a potentially useful resource for estimating the impact of alcohol and other substances on crime.

Comment on K\xe4rrholm et al. \u201cDesigning the Swedish Crime Harm Index: an Evidence-Based Strategy\u201d

QuestionIs the Swedish Crime Harm Index as presented and corrected in this Journal as reported by Kärrholm et al. Cambridge Journal of Evidence-Based Policing (2020a, b) a valid method for studying the long-term development of crime and of the harm caused by crime?DataCited publications in this journal, Swedish crime statistics, and other evidence on historical changes in Swedish crime reporting.MethodsDocumentation of the ways in which crime counting in different categories has changed over time in Sweden.FindingsThe authors do not seem to have considered important aspects of the way the Swedish crime statistics are assembled. An overestimation of the increase in cases of homicide and of the penalty value of offenses that do not usually result in custodial sentences are two examples. The authors also fail to consider legislation that criminalizes previously unpunished (harmful) behavior.ConclusionThe historical CHI, as it has been constructed by Kärrholm et al. is not an appropriate method for studying the long-term development of crime and of the harm caused by crime. In a time of net-widening and increasing punitiveness in the justice system, the CHI will show an increase even with no change in actual crime behavior. A simple measure of the current harm caused by crime may be useful for short-term analysis, planning, and the evaluation of police efforts, but it is inadequate as a means of studying the longitudinal development of the crime problem. In the calculation of CHI, harm caused by crimes that do not lead to imprisonment should also be included.

Recidivism in Switzerland: the influence of custodial sanctions.

Although many studies have investigated the influence of personal characteristics on recidivism, knowledge about the impact of correctional policies remains limited. The present study adds to this debate by investigating the effect of the dualistic system of custodial sanctions in Switzerland over time. Specifically, we: (1) tested the influence that different types of custodial sanctions &ndash; sentences (offering regular prison treatment) and measures (offering crime-related rehabilitation programmes) &ndash; have on reconviction rates; and (2) forecasted future reconviction rates to estimate their value in the year 2020. National level data from the Swiss Federal Statistical Office were collected, including 3-year reconviction rates after release from custody and the number of persons serving custodial sentences and measures. A time series framework was used for the analyses, which included data available from 1988 to 2013 (n = 26 years). The number of persons serving custodial sentences had no effect on recidivism (p = 0.582); however, a higher number of persons serving custodial measures was significantly associated with a decrease in recidivism (p = 0.003). For the year 2020, a reconviction rate of 28% (range 23&ndash;33%) was predicted. Custodial measures seem to be associated with a reduction in recidivism. However, owing to the indeterminate time associated with some custodial measures, often at the cost of the prisoners&rsquo; rights and the criminal justice system, future studies are needed to determine the optimal serving time for custodial measures.

Cartel behaviour and efficient sanctioning by criminal sentences

ABSTRACT Hardcore cartels risk receiving both administrative fines from the cartel authority and civil law claims for damages. There is a legal policy discussion that cartelist should also face criminal law consequences. Penalties must be at least as high as expected benefits to deter crimes. Sanctions by the German cartel office might indicate information on the profits We calculate the minimum level of fines required to deter cartel infringement for each case, and compare the figures to the actual penalties. The calculated minimum penalties would result in a considerable increase in fines, which would have to be covered either by compensation payments, or criminal sanctions. If custodial sentences were based on the probability of zero compensation payments, and the monetary loss of benefit, the result would sometimes equal an impractically long criminal sentence. It would be more effective to raise administrative sanctions to a sufficient level, especially against individuals.

Ethnicity and Custodial Sentencing in England and Wales: A Review of Trends, 2009-2019

This report summarizes sentencing outcomes for different ethnic groups in England and Wales. It is based on analyses of court data over the period 2009-2019. All previously published reports present the data on custody rates and on average custodial sentence lengths separately. In this report, we combine these two measures to form a new measure of punitiveness for indictable offences: the ‘Expected Custodial Sentence’. This measure provides a more comprehensive measure of the use of imprisonment. Whilst the Expected Custodial Sentence increased for all ethnic groups throughout the period 2009-2019, the figure for White offenders is consistently lower than for other ethnic groups. In 2019, the Expected Custodial Sentence for an indictable offence ranged between 6.6 months for a White offender and 10.2 months for an Asian offender. However, the overall Expected Custodial Sentence figure masks considerable variation across offence categories, with the greatest divergence evident for violent offences against the person.