Categories Of Offenders Research Articles

Pathological risk-propensity typifies Mafia members\u2019 cognitive profile

Since the recruitment process, Italian Mafias impose on their members a strict code of conduct. These rigid rules regulate their private and public behavior, implying a total adhesion to the group’s values. Such juridical and social aspects substantially distinguish organized crime (OC) from ordinary crime. It is still unknown whether these two categories of offenders also show distinctive cognitive traits. Here we investigated the frontal lobe cognitive functions of 50 OC prisoners from the Mafia and 50 non-OC prisoners based on the performance of 50 non-prisoner controls. We found that OC members were more likely to show pathological risk-propensity than non-OC prisoners. We interpret this finding as the result of the internal dynamics of Mafia groups. OC is a worldwide threat, and the identification of cognitive traits behind criminal behavior will help in devising focused prevention policies.

Implications of sex offender classification on reporting demographic characteristics, health, and criminal careers: results from an Australian jurisdiction

BackgroundCross-sectional and retrospective offence data are often used to classify sex offenders in epidemiological and survey research, but little empirical evidence exists regarding the practical implications of this for applied research. This study describes the classification of sex offenders from a cohort of prisoners recruited as part of an Australian inmate health survey and the implications for reporting results.MethodsData-linkage was used to join the New South Wales (NSW) Inmate Health Surveys to the states re-offending database to identify men with histories of sexual offending. Sex offenders were classified into men who sexually offended against children only (ChildSOs), against adults only (AdultSOs), and men who sexually offended against both children and adults (Age-PolySOs).ResultsUsing historical offending data rather than the current offence information only, an additional 35.4% of men with histories of sexual offences were identified. Differences were found between the three sex offender subgroups in terms of demographic characteristics, health, and criminal careers. Age-PolySOs reported higher educational attainment, were less likely to report being self-employed, single marital status, and having children. Half the ChildSOs self-reported a mental health issue and half of the ChildSOs and Age-PolySOs reported four or more chronic health conditions. Age-PolySOs were older than the other sex offender groups when committing their first non-sexual, non-violent crime (M = 43.2 years, SD = 13.8); violent crime (M = 39.5 years, SD = 11.1); and sexual crime (M = 47.8 years, SD = 11.2). Age-PolySOs also committed more sexual offences (M = 5.91, SD = 11.2) compared to those who only offended against one victim age group.ConclusionThese findings suggested that historical offending records should be used to more accurately identify sex offender subgroups and that differences in demographic, health, and criminal careers exist for the different sex offender subgroups.

Inclusion and Exclusion Through Risk-based Justice: Analysing Combinations of Risk Assessment from Pretrial Detention to Release

Abstract As the use of risk-based practices has proliferated in many jurisdictions, justice-involved individuals are often subjected to multiple risk assessments at various moments and with different purposes as they move through the criminal justice system. This article examines the ways in which different risk-based practices are combined and evaluates these combinations in terms of inclusion and exclusion of marginalized offender categories. By understanding risk-based practices in terms of the distribution of resources, the article conceptualizes how the accumulation of bias could exacerbate exclusionary effects and how contradictory risk-informed decisions could undermine inclusionary interventions. Understanding the interplay of different risk-based practices is essential for the practical and ethical judgement of risk-based justice.

Predictibilitate în individualizarea sancțiunilor. Studiu de jurisprudență asupra criteriilor de individualizare a măsurilor educative

The minority status places the offender in an area of ​​vulnerability, which is often within the reach of a combination of factors that influence his attitude towards social values. For this category of offenders, a special criminal liability system has been regulated, with specific sanctions, and the choice of their nature and duration must not be made arbitrarily, as any solution should be predictable and motivated by reference to the degree of social danger of the deeds and the dangerousness of the perpetrator. In order to understand the extent of these concepts it is necessary to perform an analysis of the general individualization criteria of sentencing as they are presented and interpreted by the legal practice. The current regulation is not dependent on the „malum non habet aetatem” principle, which is why it is useful to understand the arguments on the basis of which the court individualizes the anti-criminal reaction, placing on one hand the malum element, and on the other the objective and subjective data regarding the deed-perpetrator dichotomy.

Психологические механизмы развития социального интеллекта несовершеннолетних осужденных

The solution of the problem of preventing recidivism of juvenile convicts is associated with psychological interaction with inmates of correctional institution with an emphasis on the formation of their ability to foresee the results of their actions. In modern psychological science, the problem of cognition of social phenomena from the point of view of predicting their consequences is carried out in the framework of the study of social intelligence of a person and the mechanisms of its functioning. The works of J. Gilford, G. Allport, R. Selman, R. Sternberg, V. N. Kunitsyna, E. S. Mikhailova, A. I. Savenkova, D. V. Ushakov and others are devoted to the issues of social intelligence, they consider this phenomenon as the ability to cognize social phenomena, an additional feature that ensures the successful functioning of a person in society. Building a system of psychological support for the development of social intelligence by juvenile convicts is based on identifying the mechanisms of its functioning. The analysis of works devoted to the description of the mechanisms of development of social intelligence (M. I. Bobneva, O. Yu. Masyagina, V. S. Mukhina, D. V. Ushakov), correlated with applied tasks and the positive potential of personal development of juvenile convicts, allows to present a multilevel structure of psychological mechanisms of development of social intelligence in this category of offenders, which includes the following processes: identification and isolation, recognition of motives of behavior of all participants of communication, reflection. To confirm the assumptions about the significant influence of reflexive processes on the level of social intelligence of juvenile convicts, we conducted an empirical study, including ascertaining and forming experiments. The basis of the forming experiment was a training, including a system of exercises, among which a special role was given to the dilemma. Due to reflection in the course of solving dilemmas, the minor’s selfanalysis and awareness of social norms take place, which are transformed into his social experience. The role of the psychologist in this case consists in the formation of the wards of a positive “Self-conception”, encouraging them to imitate a positive image, creating a favorable atmosphere of communication. The effectiveness of dilemmas increases when its substantive basis is relevant, causes an emotional response; at the same time, the gradual adoption of moral choices is accompanied by a psychologist. The dynamics of the development of social intelligence of juvenile convicts was determined by comparing the results of diagnosing social intelligence before and after the forming experiment using the test “Diagnosis of social intelligence” by J. p. Gilford and M. Sullivan as adapted by E. S. Mikhailova. In the course of verification, the position was confirmed that the stimulation of reflexive processes has a significant impact on the development of social intelligence. Prospects for further research on the psychological mechanisms of social intelligence of juvenile convicts are associated with the integration of psychological and pedagogical knowledge, continuity in the psychological and pedagogical support of the process under study at the penitentiary and post-penitentiary stages.

From \u201cWe Didn\u2019t Do It\u201d to \u201cWe\u2019ve Learned Our Lesson\u201d: Development of a Typology of Neutralizations of Corporate Crime

When corporations are faced with accusations of crime, they usually find it necessary to justify their actions to the public, the media and their shareholders. Corporate self-defense, aimed at protecting a corporation’s image and legitimacy, belongs to a broader category of offenders’ denials and neutralizations. The objective of this article is to compile and discuss literature that is of value for an understanding of neutralizations of corporate crime and, by means of this literature and our own empirical studies on corporate denials, to outline a typology of corporate neutralizations. The typology distinguishes between a wide variety of corporate responses to allegations of crime and exemplifies how these techniques have been used. We also discuss the function of corporate neutralization techniques and argue that corporate accounts mediate action; they influence both other actors and future corporate actions.

Age-Graded Informal Social Control and Motivations Among Street Sex Buyers

Sex buyers are often viewed as a single category of offenders; however, they are diverse with regard to their motivations for seeking out commercial sex. Past research also suggests that purchasing sex does not follow the age-crime curve and that men’s motivations fluctuate according to changes in informal social bonds to important social institutions. This study thus used Laub and Sampson’s 87 revised age-graded theory of informal social control as a theoretical guide for the exploration of the relationship between age, informal social control, and men’s motivations for purchasing sex. A series of ordinary least squares regressions examined if age, marriage, deviant peer association, and employment characteristics were related to the five most common motivations to purchase sex: power and control, the diversification of sexual interests, the “dirty whore” fantasy, viewing sex as a commodity, and perceived romantic inadequacy. Age was negatively associated with being motivated by power and control, but positively related to viewing sex as a commodity. Being married was positively related to the diversification of sexual interests. Deviant peer association increased scores on the perceived romantic inadequacy scale, however, reduced them on the “dirty whore” fantasy scale. Having a full-time white-collar job was negatively related to both power and control and perceived romantic inadequacy; however, white-collar employment increased scores on the diversification of sexual interests and sex as a commodity scales. Age and informal social control have differential impacts on men’s motivations for purchasing sex via the outdoor sex trade.

Classification of Adolescent Offenders of the Law with Radial Neural Network Bases Function

Radial Basis Function Neural Networks (RBFNN) are a type of artificial neuronal network (ANN) that estimate the output of the function taking as a reference the distance to a point called center. This paper presents a RBFNN for the classification of adolescents’ offenders of the law according to their dangerousness level, that have been admitted to the Specialized Attention Center (SAC), “El Redentor” in Bogotá, Colombia in the year 2017. This classification may be utilized by psychosocial teams of the SAC in order to customize and make more effective the therapeutic pedagogical treatment. The ANN developed is particularly good for identifying adolescents with a high, low and null dangerousness level.

Conversion of Cashless Money into Banknotes as a Type of Economic Crime

The conversion of cashless money into banknotes is described as a type of economic crime. It is proven that such acts should not be qualified as illegal entrepreneurship or illegal banking. The authors examine the elements of these economic crimes. They suggest changing the title of Art. 171 of the Criminal Code of the Russian Federation. They also analyze formal elements of the crime under Art. 172 of the CC of the RF and prove that it has a special category of offender. It is argued that there are no grounds to view the conversion of cashless money into cash as a mock transaction because it is a mistake to think that the transaction does not lead to any legal consequences. The authors show that there is a number of legal facts arising after the conversion of cashless money into banknotes which constitute an actual fictitious deal, although it is not named in legislation. The research is based on the analysis of mainly Russian sources — research publications in legal and economic journals. Besides, the authors have critically assessed the positions of Western legal scholars and economists published in such journals as Journal of Financial Crime, Journal of Economic Surveys, Criminal Justice and Behavior, Journal of Business Ethics, Theory and Decision, Journal of Economic Behavior & Organization. As for the empirical part, they have studied the Decrees of the Plenary Sessions of the Supreme Court of the Russian Federation in 2004 and 2015. Based on the scientific analysis of the constituent elements of the crime of evading taxes, duties, insurance premiums by an organization, the authors argue that the conversion of cashless money into banknotes is carried out by the leaders of commercial organizations with the goal of this criminal evasion. The crime is committed by a group of persons having conspired, as a rule, on a large scale, and is initiated by the head of a commercial company.

Victimization Experiences and Executive Dysfunction as Discriminating Risk Indicators for Youth Offender Typologies.

Research is becoming increasingly nuanced in its examination of offenders, and thus typological distinctions according to generalist and/or specialization offense profiles may be notable for targeted intervention efforts within and between classifications of offenders. There is a significant body of evidence identifying early-life victimization and executive function deficits as critical developmental antecedents to sexual and non-sexual offending alike, but they have not been exhaustively evaluated as a discernable experience among criminally versatile offenders (youth who commit both sexual and non-sexual crimes). This study aims to address gaps by examining associations between early-life victimization, other traumatic experiences in the home, and executive functioning deficits and then test how disparate offending groups differentially experience these early risks. Using a sample of juvenile-justice-involved youth (N = 200), who committed sexual only offenses (n = 41), non-sexual only offenses (n = 124), and criminally versatile offenders (n = 27), multivariate analysis of variance tests and bivariate correlations were conducted. Results revealed that there were statistically significant correlations between measures of executive functioning and specific incidents of victimization, particularly sexual, physical, and emotional. There were also significant group differences in measures of sexual abuse, physical and emotional abuse, and executive functioning with criminally versatile offenders showing higher rates of physical and emotional abuse and sexual only offenders showing higher rates of sexual abuse and some executive functioning deficits. Practice and research implications are discussed.

Using the PAI-A to Classify Juvenile Offenders by Adjudicated Offenses.

To improve understanding and treatment of criminal behavior, researchers have developed typologies of juvenile offenders, primarily focusing on personality traits and criminal history to classify according to type of offense committed. Existing literature has examined underlying personality characteristics found in different subcategories of criminal offenses in juveniles; however, few studies have employed the Personality Assessment Inventory-Adolescent (PAI-A), instead choosing the MMPI-A. A typical classification model of juvenile offenses categorizes offenses into: Interpersonal, Property, and Drug/Alcohol-related charges, to further study within-group differences. The current study examines how personality profiles, examined by the PAI-A, can classify offenders into these offense-type groups. Personality profiles of participants were obtained through pre-sentencing psychological evaluations of 142 juvenile offenders ages 14 to 17. Binary logistic regressions were conducted using PAI-A Clinical, Treatment Consideration, and Interpersonal scales to predict offense-type group classifications. Results yielded statistically significant full models for all offense-type groups, with an average overall accuracy rate of 76.3%. Overall, results suggest that the PAI-A has good predictive power to classify juvenile offender types, and may be more effective in classifying certain types of offenders than the MMPI-A. Notably, Interpersonal and Treatment consideration scales were stronger predictors of offense-type than Clinical scales. This model of juvenile offender classification holds promise for more effective treatment, management, and prediction of behavior for juvenile offenders.

Electronic Devices to Investigate Offences of Torturing, Abusing, Molesting, Assaulting or Killing the Innocent Children

The offences of torturing, abusing, molesting, assaulting, physical torturing or killing the innocent children are increasing day by day in our society. Mostly such offences are practiced on the young learners studying in various institutions ranging from lower primary, primary and middle level. Irrespective of the privately managed or public institution, the heinous offences occur in the schools. The torture ratio is comparatively high in village schools and also where the learners are sent exclusively for religious education. In such schools mostly the poor and orphan learners are admitted and may be the whole time resident of the schools. Another common aspect is the torture extended to innocent young female or male, who are resident servants. There are also periodical reports of inflicting torture sometime accompanied by killing. Another category of offenders is that who choose the innocent children from local neighbouring localities rape, molest, sodomise and then kill them. They either committheoffencesaloneorwiththeirgangorallies. Incaseofkillingthedeadbodyisthrowninthe locality or nearby canal. The procedure or steps taken by offender for committing an offence is “Modus Operandi”. On most of the occasions the forensic evidence left and available by means of which the criminals can be traced, while in certain other cases, it is not adequate for the purpose of prosecution. A few case study are revealed. In this paper, we focus on some effective digital and electronic devices to facilitate the investigation to collect effective evidence usable in the court of law. The relevant tools for retrieving the forensic data are also introduced..

Prisoners in Arizona: A 2017 Update on Selected Topics

In this edition of Prisoners in Arizona we provide an update to the findings of the previous report published in June of 2014. That report covered a wide range of inmate-related subjects with an emphasis on trends in inmate characteristics. In this report, we take a somewhat more focused view of several main topics, including prison population growth, changes in the inmate population, and recidivism. As these were also among the main topics in the 2014 report, it will be a simple matter to transition from that report to this one. One of the primary conclusions of the previous study was that the inmate population is again on the upswing following a 35-month hiatus. After growing by an average of 106 per month over 38 years, the population started plummeting in November of 2009. The prison population was falling by an average of 27 per month between Nov. 2009 and July 2012. But from August 2012 through June 2016, the inmate population was steadily growing again, averaging 75 per month. However, the number of state prisoners has once again fallen into sharp decline. From July 2016 through June 2017, the population has decreased by an average of 53 per month. Chapter 1 documents the magnitude of the inmate population trends. Chapters 2 and 3 identify several contributing factors to that change. Chapter 4 departs from the subject of population change to take a close look at one our favorite research topics – recidivism. Recidivism rates are placed under a microscope and examined for predictive validity. Recidivism is also tracked over time with interesting results. The data reflect the impact on the system of repeat offenders, and the effect of “evidence-based practices” that have been integrated into probation services over the last several years. Chapter 5 looks at the average prison sentences for those who are convicted of various types of drug offenses. The results show that those convicted of trafficking spend much longer times in prison than those who are convicted of possession, and that trafficking or possession of marijuana involves shorter prison terms than for other types of drugs. An Appendix examines the rate of convictions for undocumented and documented immigrants and U.S. citizens. Our intent from the beginning of this series of reports is to show who is in prison and why. We hope to dispel the myths often repeated in policy discussions concerning prosecutorial discretion and sentencing practices. But along the way, we have also learned not only which offender categories pose the greatest risk to society, but also which groups should be targeted for enhanced supervision and focused rehabilitative services. These findings may help inform decisions about balancing control with assistance. This is not a new idea, as most agencies strive to accomplish this goal. However, it is well worth repeating, since preventing even one major crime is a worthy endeavor.

Substance Use Disorder Typologies of Canadian Federally Sentenced Men: Relationships With Institutional Behavior and Postrelease Success

This study explored the presence of subgroups of incarcerated offenders using cluster analysis. Subgroups were created based on severity of criminogenic needs, including substance use, from a retrospective cohort of 5,275 Canadian male incarcerated offenders. Five groups emerged: (a) Primarily Drug Users With Stable Employment/Education, (b) Primarily Drug Users with High Needs, (c) Polysubstance Users With Positive Social Supports, (d) Polysubstance Users With Severe Need for Intervention, and (e) Drug Offenders With Good Reintegration Potential. Sociodemographic factors, criminal history, institutional behavior, and rates of recidivism were explored across subgroups. Drug Offenders With Good Reintegration Potential had the lowest rates of institutional charges and recidivism, while offenders in the Primarily Drug With High Needs and Polysubstance With Severe Need for Intervention groups had the highest rates. These findings highlight that classification of offenders is complex and nuanced. Knowing the pattern and severity of substance use and criminogenic needs aids offender management.

Depression and anxiety in adolescent and young adult offenders: A longitudinal study from 13 to 32 years using the Australian Temperament Project

A substantial body of research indicates significant individual variability in across-time patterns of offending behaviour (Farrington, Piquero, & Jennings, 2013; Moffitt, 1993). Some researchers contend that these patterns reflect distinct categories of offenders, with different life-course patterns of antisocial behaviour (e.g. Farrington et al., 2013; Moffitt, 1993). Although estimates of the number and profiles of these groups differ, most studies suggest that the vast majority of offenders engage in more minor offenses in the short-term, whereas a smaller number (e.g. ~5%; Moffitt, 1993) engage in relatively high levels of offending throughout their lives. These seemingly persistent, life-course offenders are at risk of a range of adverse life experiences, including school failure, job instability, failed relationships, and injury (e.g. Odgers et al., 2008; Piquero, Farrington, Nagin, & Moffitt, 2010). They also suffer from increased risks of morbidity and mortality from injury and disease relative to non-offenders or those people for whom involvement in crime and delinquency is relatively short-lived (Jennings, Rocque, Fox, Piquero, & Farrington, 2016; Moffit, Caspi, Harrington, & Milne, 2002; Odgers et al., 2008; Piquero, Shepherd, Shepherd, & Farrington, 2011). Less is known about mental health outcomes of offenders (Piquero et al., 2011). Those exceptions have been based on a handful of well-known samples and conducted in a limited number of different settings; hence, much of what is known about the mental health of different offending profiles reflects the experiences of a small number of offenders. Previous studies have also focused disproportionately on mental health in middle adulthood, neglecting the development of mental health problems from adolescence to early adulthood in young people following different patterns of offending. Given that affective and anxiety disorders peak in adolescence and early adulthood (Kessler et al., 1994), a deeper understanding of the mental health profiles of different groups of offenders is needed from adolescence into young adulthood.

On the phenomenon of female juvenile delinquency

The purpose hereof was to verify the thesis about the steady growth of crime among under-aged girls and enhancement of aggression accompanying their behaviour in the case of this category of offenders. In the course of the presented research, the first of the views indicated that the above has not been confirmed. It has been noticed that in the period 2008–2015, the frequency of committing criminal offences and other instances of demoralising behaviour by young girls usually aged 13 to 16 fell. Moreover, such a decrease was also reported in the category of female offenders suspected of committing offences from the Criminal Code. What is more, it is difficult to definitively prove that in the analysed population of female offenders, a radical evolution of the aggression manifested by teenagers has taken place. The decrease in frequency of the offences committed by them contradicts this belief. At the same time, the frequency of carrying out acts which may be qualified as affray, assault, as well as threats even with the decrease in their frequency as of 2010 remained relevant for younger under-aged persons aged under 16 and was at a decidedly lower level among older female offenders aged from 17 to 20.

Women’s Pathways to Crime: A Heuristic Typology of Offenders

The current study proposes a heuristic model for classification of female offenders into groups based on key variables relevant to women’s backgrounds and programming needs. We utilize a mixed-methods approach with a sample of 60 women incarcerated in a maximum-security prison. We develop qualitative, person-centered groupings of female offenders, and then use quantitative analyses to provide more detailed data on each group. Findings demonstrate five distinct groupings: aggressive career offenders, women who killed or assaulted persons in retaliation or self-defense, women who maltreated children, substance-dependent women experiencing intimate partner violence (IPV), and social capital offenders. These findings lend support to prior research on pathways and typologies of women’s offending, and decision rules effectively “triage” cases according to most pressing needs. The model offers unique utility for researchers, practitioners, and policy makers working with women in the criminal legal system.

Forensic psychology and correctional psychology: Distinct but related subfields of psychological science and practice.

This article delineates 2 separate but related subfields of psychological science and practice applicable across all major areas of the field (e.g., clinical, counseling, developmental, social, cognitive, community). Forensic and correctional psychology are related by their historical roots, involvement in the justice system, and the shared population of people they study and serve. The practical and ethical contexts of these subfields is distinct from other areas of psychology-and from one another-with important implications for ecologically valid research and ethically sound practice. Forensic psychology is a subfield of psychology in which basic and applied psychological science or scientifically oriented professional practice is applied to the law to help resolve legal, contractual, or administrative matters. Correctional psychology is a subfield of psychology in which basic and applied psychological science or scientifically oriented professional practice is applied to the justice system to inform the classification, treatment, and management of offenders to reduce risk and improve public safety. There has been and continues to be great interest in both subfields-especially the potential for forensic and correctional psychological science to help resolve practical issues and questions in legal and justice settings. This article traces the shared and separate developmental histories of these subfields, outlines their important distinctions and implications, and provides a common understanding and shared language for psychologists interested in applying their knowledge in forensic or correctional contexts. (PsycINFO Database Record

Be Careful What You Wish For: The Comparative Impacts of Juvenile versus Criminal Court Sanctions on Recidivism among Adolescent Felony Offenders

Three decades of legislative activism have resulted in a broad expansion of states' authority to transfer adolescent offenders from juvenile to criminal (adult) courts. At the same time that legislatures have broadened the range of statutes and lowered the age thresholds for eligibility for transfer, states also have reallocated discretion away from judges and instituted simplified procedures that permit prosecutors to elect whether adolescents are prosecuted and sentenced in juvenile or criminal court. These developments reflect popular and political concerns that relatively lenient or attenuated punishment in juvenile court violates proportionality principles for serious crimes committed by adolescents, and is ineffective at deterring or controlling future crimes. This legislative activism has reshaped the boundaries of the juvenile court, and animated calls for its elimination. Yet these developments have taken place in a near vacuum of empirical analysis of the efficacy of these measures to increase punishment or reduce crime. Jurisprudential analyses of the fit between the traditional doctrines of immaturity and reduced culpability of juveniles also has lagged far behind the pace of legislative change. The redrawing of the boundaries of the juvenile court also has not reflected new knowledge on adolescent development, the legal socialization of adolescents, and their responsiveness to criminal sanctions. The new boundaries of the juvenile court also threaten to reify and intensify social and racial dimensions of criminal punishment. To address these questions, we conducted a natural experiment to assess whether prosecuting and sentencing adolescent felony offenders in the criminal court leads to harsher punishment, and whether that harsher punishment translates into improved public safety. We show that serious adolescent offenders prosecuted in the criminal court are likely to be rearrested more quickly and more often for violent, property and weapons offenses, and they are more often and more quickly returned to incarceration. Adolescents prosecuted and punished in the juvenile court are more likely to be rearrested for drug offenses. These results suggest that law and policy facilitating wholesale waiver or categorical exclusion of certain groups of adolescents based solely on offense and age, are ineffective at both specific deterrence of serious crime, despite political rhetoric insisting the opposite. Such laws may increase the risk of serious crimes by adolescents and young adults, by heavily mortgaging their possibilities to deflect their criminal behavioral trajectory and enter a path of prosocial human development. Returning to a discretionary, judge-centered transfer policy, rather than wholesale waiver or surgical exclusion of entire categories of adolescent offenders, would limit the number of youth subjected to criminal court prosecution and harsh punishment conditions in adult corrections. A policy of discretionary transfer of only the most serious offenders, whose eligibility for transfer would be transparently assessed with full access to evidence and expertise, would ensure proportional punishment for the few adolescents whose severe crimes demand greater punishment than is available in the juvenile court, and whose punishment as juveniles might corrode the legitimacy of the juvenile court.

The Juvenile Justice Programs: An Institutional Ethnography Study of the Rules and Procedures Crisis in Contemporary Korean Court System

From the standpoint of everyday experience, this paper reveals how the rules and procedures used within the Criminal Justice System in Korea to assess juvenile crime disproportionately favors higher income individuals. Specifically, it identifies the importance of how people are represented and classified within the criminal justice system in the application of restorative justice programming. Drawing on a methodology of Institutional Ethnography, texts related to the implementation of restorative justice within the Korean Criminal Justice System were reviewed, and interviews were conducted with key individual(s) charged with implementing restorative justice practices. Findings from this research show a clash between the Korean cultural ethics of “jeong,” which stresses the need for restoration and peace in the face of all criminal actions, and the selective application of restorative justice in the modern Korean context. In particular, the rules and procedures used in the classification of juvenile offenders limits what types of individuals and communities are allowed to benefit from these programs. This is problematic, as delinquents receiving the benefit of restorative justice programing will only be limited to those classified as being 'compatible' with existing programming under the Criminal Justice System's rules and procedures, significantly disadvantaging lower income juveniles.