First-time Offenders Research Articles

A comparison of first-time offenders, repeat offenders, and frequent utilizers of the criminal justice system

Frequent utilizers of the criminal justice system heavily strain local resources due to their ongoing interactions with criminal justice agencies and their disproportionate need for social and behavioral health services. We first identify and compare frequent utilizers ‘demographic and legal characteristics to first-time and repeat offenders by analyzing two years of prosecution data from three counties in a large Florida jurisdiction. Ordinal regression is then employed to evaluate the impact of first-time offenders, repeat offenders, and frequent utilizers on filed charge severity and the harshness of punitive sanction. Results reveal that frequent utilizers are more likely to be involved in property and drug offenses than personal offenses. They also have an enhanced proclivity to be represented by public defenders or assigned counsel, be held pretrial, and receive custodial sentences. However, contrary to previous research, our findings show that frequent utilizers exhibit a more serious pattern of offending than first-time or repeat offenders. These findings suggest the need for rigorous state monitoring of frequent utilizers in the community while still underscoring the importance and effectiveness of various rehabilitative and prevention strategies beyond the criminal justice system's purview to address the complexities of frequent utilizers’ needs.

An Explanation of the Psycho-Social Factors Driving Child Sexual Perpetrators Towards Sexual Abuse in Khyber Pakhtunkhwa

Child Sexual Abuse (CSA) is a severe global child rights issue. This native research finding is the first of its kind and will explore the persuading factors and pave the way for future research exploration. The study explores the psychosocial factors driving perpetrators to commit child sexual abuse. The integrated theory of sexual offending by Ward and Beech 2002 guided the research. This study used a phenomenological qualitative methodology and purposive sampling to select participants. Twenty-five child sexual perpetrators were interviewed in a private room at central jail, Peshawar, after receiving formal approval from jail authorities and verbal consent from the participants. They were allowed to withdraw from the interview at any time. Data collection involved 60 to 80-minute in-depth interviews guided by a structured protocol. Ethical standards, including verbal informed consent and ensuring anonymity and confidentiality, were strictly adhered to throughout the research process. NVIVO software was used for thematic analysis. The analysis revealed a myriad of psychosocial factors influencing perpetrators, such as childhood victimization, substance abuse, cognitive distortions, notions of masculinity, delayed marriage, sexual gratification, social isolation, and exposure to pornography. Perpetrators are often familiar faces within the child's and family's proximity, typically with no prior convictions and mostly first-time offenders. The study highlights the complex interplay of psychosocial factors that drive perpetrators to child sexual abuse.

Dark and bright personality dimensions as predictors of criminal behavior and recidivism

A growing body of research highlights the continuum between dark and bright personality traits impacting individual prosocial or antisocial tendencies. However, the interplay between personality dimensions and actual criminal behavior and its reoccurrence is not fully elucidated. We aimed to explore the cumulative predictive value of the bright and dark core of personality for criminal history in differentiating a general community sample (N = 282) from a large sample of inmates (N = 296), with (n = 129) or without (n = 167) criminal history while controlling for age, sex and impression management. Predictors of first-time offending were higher levels of Neuroticism, Openness, Dark Factor, Sadism, and Deceitfulness. Criminal recidivism was predicted by high Neuroticism and Deceitfulness. Finally, higher levels of Extraversion were negatively related to criminal behavior and history, highlighting a potential protective effect of displaying assertive and sociable tendencies. The findings highlight the relevance of considering the dark personality core complementary to the typical personality dimensions in the risk assessment, prediction, and reduction of criminal behavior.

A national evaluation of Project Cautioning And Relationship Abuse ('CARA') awareness raising workshops for first time offenders of domestic violence and abuse: protocol for a concurrent mixed-methods evaluation design.

Interventions related to the perpetration of Domestic Violence and Abuse (DVA) have gained traction over the past several years, in response to dissatisfaction by victims, an inadequate response from the criminal justice system, increased demand on police time and a lack of rehabilitative responses to the perpetration of domestic abuse. The CARA model is a conditional diversionary caution, offered by police for first time offenders of 'standard' or 'medium risk' domestic abuse, that engages perpetrators in awareness raising workshops and signposts them onto further services. Although quasi-experimental studies have indicated that CARA showed promise at reducing reoffending, the CARA model has yet to be evaluated nationally and there is no qualitative evidence related to understanding or learning about the lived experience of perpetrators and victims as they engage with the intervention. Using a concurrent pragmatic mixed methods design model we will undertake a national evaluation of CARA by triangulating quantitative data from up to nine police forces, and routine data from service providers, with qualitative data from workshop participants, victims and professional stakeholders to: (1) understand the long-term impact of CARA implementation on DVA reoffending and engagement with services and (2) explore perceptions and experiences of both delivery and receipt of CARA. We will use qualitative methodologies that draw on interpretivist and phenomenological perspectives, as well as quantitative methodologies using interrupted time series models, Poisson regression models, Geo mapping and a cost benefits analysis. Where currently the CARA model is being introduced as a national option for standard risk first-time offending, we will engage with policymakers and academics nationally in the live debate on its effectiveness and suitability during its roll-out. Ethical approval was approved by the University of Southampton on the 1 st June 2022 (Ref: ERGO ID: 71818.A1).

Caries and periodontal health status of male inmates: a retrospective study conducted in a French prison

PurposeThe purpose of this study is to describe the oral health status of inmates. The secondary aims were to compare recidivists with first-time offenders and also study the impact of psychoactive drugs on the oral health status.Design/methodology/approachThis retrospective study included 120 male inmates from a French prison. Data from the medical and the dental questionnaires and examinations were collected and analyzed.FindingsThe results showed that overall, the inmates had a poor oral health despite their young age. This population was at high risk regarding caries and periodontal diseases due to sedentary behaviors, improper diet, drug, alcohol and tobacco consumption. In total, 93% of inmates had at least one decayed untreated tooth and 95% had periodontal disease. The use of psychoactive drugs seemed strongly related to oral health status degradation. However, the comparison between recidivists and first-time offenders showed few differences.Practical implicationsThe need for periodontal and dental care is considerable in this population and increased in this environment where risk factors such as addictive behaviors and poor eating habits are common. The impact of psychoactive drugs on oral health should also be taken into consideration.Social implicationsUnfortunately, even though strategies for the prevention and management of oral health in prisons have been put in place for some years, the results still seem insufficient.Originality/valueThere are still few studies that analyze the impact of this medication on oral health in prisons.

“Negative affectivity distorts thinking”: a multilevel analysis of criminogenic thinking among Pakistani incarcerated offenders

ABSTRACT The primary aim of the study was to assess the role of negative affectivity, a dynamic factor, in predicting criminogenic thinking styles after considering the roles of stable personal factors, individual and family history of crime, and cognitive functioning. A secondary objective was to assess whether first-time vs. repeat Pakistani incarcerated offenders differ on criminogenic cognitions. A sample of 205 offenders incarcerated in Pakistani prisons completed self-report measures of negative affectivity, cognitive functioning, and criminogenic cognitions. Hierarchical multiple regression analyses were calculated to test the study hypotheses. Findings revealed that negative affectivity factors, particularly fear, were more important for understanding criminogenic cognitive patterns as they explained a significantly larger variance over and above the individual variables, history factors, and cognitive functioning in criminogenic thinking. Further findings showed that repeat offenders scored consistently higher on criminogenic cognitions compared to first-time offenders. The findings highlight the importance of developing prevention programs incorporating cognitive behavior therapeutic strategies targeting negative affectivity and criminogenic cognitions among incarcerated offenders.

Association between socioeconomic and motherhood characteristics with receiving community-based treatment services among justice-involved young female drug users: a retrospective cohort study in Taiwan

BackgroundDrug-involved individuals who contact treatment services in Taiwan are mostly driven by criminal justice systems either as an alternative or adjunct to criminal sanctions for a drug offence. With a focus on justice-involved young female drug users, the present study examines the extent to which socioeconomic and motherhood characteristics are associated with receiving deferred prosecution, a scheme diverting drug offenders to community-based addiction treatment.MethodsWe identified a cohort of 5869 women under the age of 30 arrested for using Schedule II drugs (primarily amphetamine-like stimulants) from the 2011–2017 National Police Criminal Records in Taiwan. Information concerning socioeconomic characteristics, pregnancy and live birth history, and deferred prosecution was obtained through linkage with the 2006–2019 National Health Insurance, birth registration, and deferred prosecution datasets. Multinomial logistic regression was used to evaluate the association with stratification by recidivism status.ResultsWithin six months of arrest, 21% of first-time offenders (n = 2645) received deferred prosecution and 23% received correction-based rehabilitation; the corresponding estimates for recidivists (n = 3224) were 6% and 15%, respectively. Among first-time offenders, low/unstable income was associated with lower odds of deferred prosecution (adjusted odds ratio [aOR] = 0.71; 95% CI: 0.58, 0.88). For recidivists, those with low/unstable income (aOR = 1.58) or unemployment (aOR = 1.58) had higher odds of correction-based rehabilitation; being pregnant at arrest was linked with reduced odds of deferred prosecution (aOR = 0.31, 95% CI: 0.13, 0.71) and correction-based rehabilitation (aOR = 0.50, 95% CI: 0.32, 0.77).ConclusionsFor the young women arrested for drug offences, disadvantaged socioeconomic conditions were generally unfavored by the diversion to treatment in the community. Childbearing upon arrest may lower not only the odds of receiving medical treatment but also correctional intervention. The criminal prosecution policy and process should be informed by female drug offenders’ need for treatment and recovery.

The gendered context of women charged with violent offences in the forensic psychiatric setting.

Women charged with violent offences may be referred by courts for forensic psychiatric assessment to determine whether mental disorder or intellectual disability impacts their fitness to stand trial and/or criminal responsibility. The profile of these women is a poorly researched area in South Africa. This study examined the socio-demographic, offence-related, and clinical profile of South African women charged with violent offences referred for forensic assessment. Fort England Hospital (FEH), a forensic psychiatric institution in the Eastern Cape. The clinical records of 173 women referred by courts for forensic psychiatric evaluation over a 24-year period (1993-2017) to FEH were systematically reviewed. Most women were single, black mothers with dependent children, who were unemployed and socio-economically impoverished. Many had backgrounds of pre-offence mental illness, alcohol use and alleged abuse. The majority were first-time offenders whose victims were known to them. Most child victims were biological children killed by their mothers. Likely primary motives for violence were related to psychopathology in half of cases, and interpersonal conflict in a third. Forensic assessment most frequently confirmed psychotic disorders and dual diagnoses. Half the cases were fit to stand trial and under half were criminally responsible. Violent female offending occurs within a gendered context, with high rates of prior trauma, alcohol use and psychosocial distress in perpetrators. An emphasis on gender-sensitive psychosocial interventions is required. This study highlights the nature and context of violent offending by women referred for forensic psychiatric assessment in South Africa.

Comparison of Restorative Justice Implementation in Indonesia, Usa, Germany, Poland and Switzerland

Purpose: The purpose of this research is to compare and contrast the utilization of penal mediation within the criminal justice system as an implementation of restorative justice. Theoretical framework: The perpetrator may be required to participate in a structured employment initiative to accumulate funds to fulfill their financial obligation towards restitution. Methods: The research methodology employs statutory-based normative legal research utilizing secondary data sources in the form of legal materials. Results and Conclusion: The findings indicated that penal mediation is implemented in Indonesia for trivial offenses, juveniles involved in legal proceedings, and first-time offenders. Furthermore, within the United States, penal mediation is implemented at the state level. This is achieved through various means such as community panels, restitution programs, victim awareness education, alternative school expulsion alternatives, diversion programs, and victim and offender mediation. Research implications: Furthermore, in Poland, penal mediation is implemented for offenses carrying a maximum sentence of five years in prison. Following the conclusion of the penal mediation process, both the agreement's outcomes are monitored, and a rationale for the dismissal of the prosecution is established. Originality/value: In contrast, Switzerland practices penal mediation due to the lack of empirical evidence supporting the efficacy of incarceration. The procedure of restorative justice is executed using a variety of implementation models.

The Well-Being of Older Offenders on Release in the Community.

In Canada and internationally the number of older offenders on parole and living in the community is increasing rapidly. Older offenders in the community are a vulnerable population at high risk for lack of well-being. Semi-structured interviews were conducted with N = 64 offenders aged 50 years and older on conditional release from custody in Canada, including long-term, recidivist, and first-time older offenders. Compared to their non-offender counterparts, older offenders in the community experience many of the same problems of aging and well-being, but are at greater risk for mental health problems, traumatic injuries, and for recidivists, substance abuse. Most long-term and first-time older offenders find themselves living at or below the poverty line. One third of older offenders experience social isolation from community and family due to their criminal history and incarceration. For those with Indigenous ancestry, Indigenous communities, and cultural organizations play a significant role in supporting older offenders.

The War on Drugs and an Incarcerated Latina Mother: Yraida's Story

Abstract Since the 1990s, when mandatory sentences for drug related crimes were first imposed, Blacks and Hispanics have been disproportionately given lengthier prison terms. Latinas have been especially affected by the harsh consequences of the war on drugs, as they have been detained in proportionally larger numbers. In this article, using the case of Yraida Guanipa, I explore the effects of the war on drugs on a Latina. Yraida Guanipa was the mother of two boys, aged 4 and 3 when she was sentenced in 1998 to 151 months even though she was a first-time non-violent offender. The magnitude of her sentence particularly affected her role as mother of two very young children. During five years (1998 – 2003) out of her 13-year detention, Yraida wrote to the late Illinois Senator Paul Simon (1928 – 2003). The close textual analysis of her letters provides a unique perspective on the toll of the war of drugs. Yraida's correspondence shows how she fiercely negotiated motherhood and became an activist for prison reform.

A comparative network analysis of the criminogenic needs of male emerging adult first-time offenders, repeated offenders, and university students

A comparative network analysis of the criminogenic needs of male emerging adult first-time offenders, repeated offenders, and university students

Alternative Dispute Resolution in Criminal Cases: Challenges and Possibilities in Pakistani Legal framework

The present study had two objectives; to analyze the challenges in introducing Alternative Dispute Resolution (hereinafter ADR) in criminal matters and to explore the possibilities of disposing of the criminal cases through ADR. After deploying doctrinal research methodology, the present study found that the poor quality of decision-making, non-protection of the public rights, hinderance in development of law, disregarding the victim, advantageous position of the prosecution, compromising the constitutional rights of accused, lack of well defied rule for ADR and the difference in procedure are the major challenges for alternative dispute resolution in criminal matters. The study also found that criminal cases may be disposed of through ADR in case of private complaint, first-time offender, simple imprisonment, petty offences, or by introducing special law and courts, or where compounding or compromising of offences is legally allowed. The study further found that the ADR in criminal cases has been and is practiced by way of mediation and plea bargaining. The study recommends that the legislature should introduce appropriate and apposite amendments to accommodate the ADR in criminal justice system of Pakistan.

Current Issues Related To The Release From Liability Based On The Reconciliation Between The Victim And The Offender

Relevance and expediency: Reconciliation between the victim and the offender as a ground for release from criminal liability envisaged by Article 82 of the Criminal Code of the Republic of Armenia was studied in the scope of this work. The abovementioned ground for release from criminal liability was envisaged by the RA Criminal Code adopted on April 18, 2003, for the first time, and more detailed regulations of the application of the mentioned ground was envisaged by the Criminal Code adopted on May 5, 2021. Meanwhile it can be stated that questions arise in the course of application of the mentioned ground the answers whereto are not provided by the current legislation or by the RA judicial practice. Particularly— what is reconciliation, can the offender committing a combined crime be released from the criminal liability based on the discussed ground, is the release from liability based on the reconciliation with the victim the right or the obligation of the law enforcement authority? The abovementioned question as well as many other questions which are addressed in this work, require solutions, conditioned by the necessity of application of criminal legal basis. The Purpose of the Article: The study of criminal and legal issues related to the reconciliation between the victim and the offender as a ground for release from criminal liability. Results։ The author provided the definition of reconciliation, revealed practical issues regarding the application of the term “first-time offender”, proved the issues regarding the limited application of the ground envisaged by Article 82 (5) of the RA Criminal Code. Practical and theoretical significance of the results: The theoretical significance is that the results shall serve as a theoretical ground for further studies and the practical significance is that it can be used for the improvement of criminal legislation and for shaping a practice.

MÜKERRER SUÇ İŞLEYEN HÜKÜMLÜLERİN MADDE KULLANIM ÖZELLİKLERİ VE DÜRTÜSELLİK DÜZEYLERİNİN İNCELENMESİ

Prevention of recidivism is the most important goal of today's criminal justice system. The aim of this study, which was designed in a cross-sectional design, was to examine the impulsivity levels and addiction characteristics of convicts with recidivism behavior and to reveal the factors that may be related. The sample of the study consisted of 230 male convicts in four different penal execution institutions; 100 of whom having a one-time offense history, and 130 with a history of recidivism. Personal information form, Barratt Impulsiveness Scale-11 (BIS-11) and Addiction Profile Index (API) were used as data collection tools. The findings of the study showed that lifetime substance use and risky substance use rates of recidivists were statistically significant compared to those without recidivism; impulsivity scores of recidivists were significantly higher than those of first-time offenders; and impulsive behavior increased as the severity of addiction increased in recidivists. As a result of the research, it was revealed that substance use and impulsivity may be a risk factor for re-offending. In this sense, it is thought that it is very important to carry out intervention programs effectively in both penal institutions and probation directorates within the criminal justice system in order to prevent recidivism and support rehabilitation.

Reflection on the First Offense Exemption Clause of the Crime of Tax Evasion in China

The first offense exemption clause of the Crime of Tax Evasion in China embodies the normative purposes of both guaranteeing the national tax revenue, maintaining the order of tax collection and administration, and displaying the modesty of criminal law, and setting up the “Golden Bridge” for the actor to retreat. The provisions of the first offense exemption clause only apply to the taxpayers who have evaded a large amount of taxes but not to the withholding agent. This not only has legal basis, but also in line with the needs of reality. The first offense exemption clause can only be applied to taxpayers if they have committed tax evasion under Paragraph 1 of Article 201 of the Criminal Law of the People's Republic of China and they have accepted the orders of the tax authorities for correction and administrative punishment, moreover, the extent of back-payment of taxes, late fees and fines, and the subjective attitude of accepting administrative punishment will affect the application of the exemption clause for first-time offenders. The first offense exemption clause of the Crime of Tax Evasion is faced with loose applicable conditions, which does not fully reflect Criminal Policy of Temper Justice with Mercy, which shows that the administrative power has arrogated over the judicial power and gradually evolved into the applicable predicament of a “Get-out-of-jail-free card”, in order to solve the dilemma of its application, it is necessary to improve its application conditions, increase the amount of tax evasion in different proportion, clarify the powers of various organs, and ensure the seamless connection of the two-way linking mechanism between administrative law enforcement and criminal justice, at the same time, further normative interpretation and in-depth excavation of the first offense exemption clause of the Crime of Tax Evasion of the legal basis to solve practical problems.

Assessing the validity of self-report of psychopathy short-form (SRP-SF) in incarcerated offenders from Chile and Uruguay

Psychopathy remains a relatively unexplored concept in Latin America. The abbreviated Self-Report Psychopathy Scale (SRP-SF) seems promising in this under-resourced context. However, the SRP-SF should be tested for measurement invariance to achieve meaningful comparison across countries in Latin America. Therefore the aims of this study were to examine the underlying factor structure of the SRP-SF in incarcerated adult male offenders from Uruguay (n = 331) and Chile (n = 208), to examine the measurement invariance of the SRP-SF across countries, and to assess the utility of SRP-SF to classify first time offenders from offenders with criminal history. Findings showed a good fit for the four-factor model in Uruguay, and both Chile and Uruguay showed invariance. Conversely, the Interpersonal and Affective factors were not associated with criminal history in the Uruguayan sample. Therefore, more studies are needed before using the SRP-SF as screening tool to classify first-time offenders and reoffenders in different countries in Latin America.

Risk factors for relapse among methamphetamine users receiving a joint legal–medical treatment program as a diversion intervention: A one-year follow-up study

BackgroundMethamphetamine (METH) is a Schedule II illicit drug in Taiwan. A 12-month legal–medical joint intervention program has been developed for first-time METH offenders during deferred prosecution. Risk factors associated with METH relapse use among these individuals were unknown. MethodsWe enrolled a total of 449 METH offenders referred by the Taipei District Prosecutor's Office to Taipei City Psychiatric Center. The study defines relapse as having any positive urine toxicology result or self-report of METH use during 12-month treatment. We compared demographic and clinical variables between a relapse group and nonrelapse group and used a Cox proportional hazards model to determine variables associated with time to relapse. ResultsOf all participants, 37.8 % relapsed to use METH and 23.2 % were noncompleters in the one-year follow-up. Compared to the nonrelapse group, the relapse group had lower educational attainment, more severe psychological symptoms, longer duration of METH use, higher odds of polysubstance use, higher craving severity, and higher odds of positive baseline urine. The Cox analysis revealed individuals with positive urine results and higher craving severity at baseline were at higher risks of METH relapse (hazard ratio [95 % CI]: 3.85 [2.61–5.68] and 1.71 [1.19–2.46], respectively, p < 0.001). Baseline positive urine results and high craving could also predict a shorter length of time to relapse than their respective counterparts. ConclusionsPositive urine screening for METH at baseline and high craving severity are two indicators of an increased risk of drug relapse. Tailored treatment plans incorporating these findings to prevent relapse are warranted in our joint intervention program.

Keeping them out of prison: A restorative justice education intervention with prison inmates in Lesotho

This research project involved planning and implementing a restorative justice education programme with prison inmates in Lesotho aimed at restoring their self-worth and dignity, and to evaluate its outcomes. The project began with focus group discussions with first-time offenders, repeat offenders and ex-inmates to identify the main challenges faced by ex-inmates. It was found that these were stigma, rejection by their families and communities and the harsh socio-economic environment. The study then utilised restorative justice education materials from a South African NGO, Phoenix Zululand, which were translated into Sesotho and modified to suit local conditions. The programme involved discussion groups led by a facilitator and culminated in a conference involving inmates and their families held shortly before release. An evaluation conducted 12–18 months after release found very positive outcomes for the ex-inmates and their families concerned but there are reasons to be conservative in what is claimed in terms of programme success.

Mediating Effects of Depression in Perceived Health Status and Suicidal Ideation among Elderly Male Inmates in South Korea

This study examined whether depression mediated the relationship between perceived health status and suicidal ideation among elderly male prisoners in South Korea. Male inmates aged 50 years or older in the correctional facilities were surveyed in December 2020; 141 male participants were included in the statistical analysis. The hierarchical regression results showed that suicidal ideation increased with poorer perceived health among elderly male inmates. Further, perceived health status negatively affected depression, while depression positively affected suicidal ideation. Depression had a significant partial mediating effect between perceived health and suicidal ideation. First-time offenders were more vulnerable to suicide risk than repeat offenders. These findings highlight the need for treatment programs and cognitive-behavioral models to identify inmates' psychosocial risk factors, and assess their mental health. Additionally, correctional facility staff should be educated in suicide prevention, and systematic crisis intervention programs should be provided for those who attempt suicide. This study contributes consideration of the Korean context to the literature on the association among perceived health status, depression, and suicidal ideation in elderly male inmates.