Prior Convictions Research Articles

Exploring Gender Disparities in Prosecutorial and Judicial Decision-Making in the Global South: Evidence from Argentina

Objectives This study examines gender disparities in criminal cases from the earliest stages of prosecutorial decision-making in Argentina. Methods The data for this study are all alleged crimes reported to prosecutors in La Pampa, Argentina between January 2016 and July 2019 that had ended by August 2019. Logistic and multinomial regression models with judicial district-by-year fixed effects are used to estimate the probability of case-ending and other important decisions for counts with women as suspects vis-à-vis men. Results The results show that prosecutors are more likely to decline investigating crime reports with women as suspects. Once accepted for investigation, counts with women are also more likely to be dismissed and less likely to receive a conviction. Gender disparities also accumulate across decisions and are reflected in faster adjudications for women. The gender gap in disposition shrinks considerably for some women, most notably those with a prior conviction, providing some evidence of selective leniency. Conclusions This study shows that women are treated more leniently than men, from the earliest prosecutorial decisions and across major outcomes in a Global South country. The implications of these findings are discussed in terms of theoretical frameworks developed in the Global North.

Does Criminal Versatility Predict Recidivism? Results from Cox Proportional-Hazards and Binomial Logistic Regression Analyses

The purpose of this study was to determine whether criminal versatility predicts future recidivism. A Cox proportional-hazards survival analysis of 1,101 male inmates showed that criminal versatility predicted recidivism after controlling for age, race, education, violent instant offense, sentence length, prior substance abuse, general criminal thinking, age at first conviction, and number of prior convictions. A hazard ratio of 1.09 revealed that a one-point increase on an 11-point criminal versatility scale predicted a 9% increase in the probability of future recidivism. These results were confirmed in a binomial logistic regression controlling for time at risk in the community. This is one of the first studies to highlight the clinical significance of criminal versatility in establishing risk for future offending.

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.

Digital shadows: analyzing factors influencing sentencing in child sexual abuse material (CSAM) cases

PurposeExhibiting an unprecedented rate of advancement, technology’s progression over the past two decades has regrettably led to a disturbing increase in the distribution of child sexual abuse materials (CSAM) online. Compounded by the emergence of an underground cryptocurrency market, which serves as a primary distribution channel for these materials, the investigation and sanctioning of CSAM present a complex and unique set of challenges. The purpose of this study is to accurately diagnose the CSAM sentencing landscape and build a more comprehensive, evidence-based legal framework in penology.Design/methodology/approachThe study collected and analyzed case details regarding CSAM sanctions in a database sourced from the US Department of Justice for 2020. Various factors were analyzed such as the victim’s age, offender typology and previous conviction, accompanied by an analysis of how these factors affect the sentence length.FindingsThe study found that the hierarchical agency-level interactions give insight into resource allocation prioritization, as well as confirming a close relationship between prior conviction history and sentence length, with the victim’s age inversely related to sentence length. Leveraging data-driven insights, the study paves the way for more targeted and effective sanctions, ultimately contributing to the broader goal of safeguarding children from online sexual exploitation.Originality/valueThe paper provides a critical analysis of the complex landscape surrounding CSAM distribution and judicial sentencing. By examining case details and leveraging data-driven insights, it offers valuable contributions to understanding the interplay between various factors such as victim age, offender typology and prior convictions on sentencing outcomes. This comprehensive approach not only sheds light on the dynamics of CSAM sanctions but also lays the groundwork for evidence-based legal frameworks in penology. Its originality lies in its nuanced examination of hierarchical agency interactions and its potential to inform more targeted interventions for safeguarding children from online exploitation.

Murdering the person closest to you: Similarities and differences between intimate partner sexual homicide and non-intimate partner sexual homicide.

Sexual homicides (SHs) demand nuanced research for effective prevention, treatment, risk assessment and theoretical insights. Intimate-partner sexual homicides (IPSHs), comprising approximately 20% of SHs, have received limited attention. This study compares IPSHs (n=56) and non-intimate partner sexual homicides (NIPSHs) (n=236) in Australia and New Zealand by investigating offender, victim, and crime-scene characteristics. While IPSH perpetrators were typically older, separated, and had prior domestic violence convictions, victims were more often non-white with histories of domestic violence and substance use. Although crime-scene locations and post-offence behaviours differed, similar crime scene behaviours were displayed across offender groups, which seemed to be routed in different underlying motives. Whereas drivers of IPSH commonly were grievance and anger, associated with offences occurring after arguments, drivers for NIPSH were more often sexual deviance and sadism. Overall, IPSH encompasses aspects of domestic violence, homicide, and sexual violence, distinguishing it from SH.

Gender differences in homicides. A comparative analysis of 106 fatalities in forensic autopsy data.

While most homicides worldwide are committed against men, women and girls are disproportionately affected by domestic violence and its fatal consequences. The Istanbul Convention mandates the prevention of gender-based violence, particularly against women. This study analyzes the characteristics of male and female victims of homicides to provide a comprehensive understanding of the different situations and ways in which men and women are killed. Files of 106 forensic autopsies of homicide victims aged 14 years and older (51.9% males, 48.1% females) from 2012 to 2019 were reviewed. Demographic data, previous history with a focus on the perpetrator-victim relationship, substance influence, type of violence and law enforcement data were recorded. A gender-separated statistical analysis was carried out. Male victims were killed most often outside their own home (63.6%) by acquaintances or friends (54.5%). They were frequently under the influence of substances (56.4%). The perpetrators suffered from addictive diseases in 49.1%, and 52.7% had prior convictions. In both groups, stab/cut injuries were the most common causes of death, but stab/cut and gunshot injuries occurred more frequently in male victims. Female victims were killed most often in their own homes (76.5%) by intimate partners (62.7%). Compared to male victims, violent asphyxiation and blunt force trauma were more common causes of death. Furthermore, there was a higher frequency of multiple injuries (33.3%). The prevalence of a guilty verdict of the perpetrators was nearly equal in both groups. Gender-specific aspects should be considered when investigating homicides and establishing prevention and intervention strategies for interpersonal violence. Protective concepts are easier to establish in the public sphere than in private homes, which is why homicides against women require special attention in society, law enforcement, and legislation. Significant gender differences were found in the circumstances and the perpetrator-victim relationships of homicides. Gender-specific aspects should be taken into account when investigating homicides and developing prevention and intervention strategies. Homicides against women require special attention in society, law enforcement and legislation.

Readiness for re-entry among pre-release prisoners in Sarawak, Malaysia

PurposeRe-entry refers to the process of transitioning back into society after incarceration, and it is a complex phenomenon that requires further exploration. Therefore, this study aims to identify the readiness for re-entry among pre-release prisoners in Sarawak, Malaysia.Design/methodology/approachUsing Maslow’s hierarchy of needs theory as the theoretical foundation, quantitative place-based research was conducted among 384 pre-release prisoners in Kuching, Sri Aman, Sibu, Miri, Bintulu and Limbang prisons.FindingsThis study’s results indicated that most respondents were Malay male offenders between the ages of 25 and 29, Malaysian citizens, single and had completed their education up to the upper secondary level. Most respondents had multiple prior convictions (52.3%), were convicted for drug-related offences (50.3%), had served sentences ranging from two to five years (56.0%) and were scheduled for release in 2023 (60.7%). The findings also demonstrated that factors such as personal development, perceived employability, social development and health development significantly predict readiness for re-entry among pre-release prisoners [F(4, 379) = 96.269, p < 0.01].Practical implicationsThe findings of this study provide place-based evidence for the state government to understand the prisoner profile for further policy intervention measures and to enhance the personal development, perceived employability, social development and health development of pre-release prisoners. Given that most offenses were drug-related, it is crucial to highlight the state government’s need to invest in evidence-based drug treatment programmes. Synergy among different stakeholders is important to devise appropriate drug treatment programmes tailored to the current needs of the prison population to ensure successful reintegration into society and to actualise their potential.Originality/valueTo the best of the authors’ knowledge, this is the first research study conducted in Sarawak, Malaysia, that examined re-entry readiness among pre-release prisoners. It contributes to the knowledge pool by providing place-based evidence that takes into account readiness for re-entry among pre-release prisoners in Sarawak, Malaysia, from an Asian perspective to promote the attainment of SDG16.

Cross-cutting exposure to the Spanish public broadcasting system: influence of ideology, partisanship, and interest in politics on RTVE’s consumption

According to the selective exposure hypothesis, media consumption is determined by the ideological predispositions of individuals, who aim to confirm their opinions through media content. This research explores the role of the public state-owned radio and television corporation, Radio Televisión Española (RTVE), as a facilitator of transversal exposure, that is, consumption that is not aligned with individuals’ prior convictions. Through a quantitative methodology based on contingency tables and the calculation of corrected typed residuals, and through the CIS post-electoral studies, we analyse the relevance of ideology, partisan identification and interest in public issues as predictors of public television and radio consumption over a period of 11 years (2008-2019) in Spain. The results indicate that being a voter of the party in government and sharing its ideology are related to a higher likelihood of consuming RTVE television channels. In addition, the results show a higher transversal exposure of public radio, compared to television, which is more strongly influenced by the ideology and partisanship of the audiences.

Who is killing South African men? A retrospective descriptive study of forensic and police investigations into male homicide

Not much is known about the perpetrators of male homicide in South Africa, which has rates seven times the global average. For the country’s first ever male homicide study we...

Criminal responsibility and profile of Turkish firesetters with schizophrenia

This study aimed to examine a subgroup of Turkish firesetters diagnosed with schizophrenia spectrum disorders (SSD) for their motives, individual and offense-related characteristics and courses of action, and their association with expert assessment of criminal responsibility. A cohort of 50 arsonists with SSD, who underwent assessment for criminal responsibility by the Council of Forensic Medicine in Turkiye between 2009 and 2022, was analyzed using a comprehensive retrospective file review. Multivariate analyses indicated that being female, older, experiencing hallucinations at the time of the offense, having a primary diagnosis of SSD other than psychotic disorder not otherwise specified, and no prior convictions were associated with a higher likelihood of being found not criminally responsible. Singling out a definitive profile of SSD arsonists without criminal responsibility is challenging. Our findings, based on forensic expert assessments, suggest that positive psychotic symptoms and criminal history play crucial roles in determining criminal responsibility in this group.

Investigating racial disparities in violence risk assessment using the Spousal Assault Risk Assessment Guide-Version 3 (SARA-V3): Structured professional judgment ratings and recidivism among Indigenous and non-Indigenous individuals.

Racial disparities in criminal justice outcomes are widely observed. In Canada, such disparities are particularly evident between Indigenous and non-Indigenous persons. The role of formal risk assessment in contributing to such disparities remains a topic of interest to many, but critical analysis has almost exclusively focused on actuarial or statistical risk measures. Recent research suggests that ratings from other common tools, based on the structured professional judgment model, can also demonstrate racial disparities. This study examined risk assessments produced using a widely used structured professional judgment tool, the Spousal Assault Risk Assessment Guide-Version 3, among a sample of 190 individuals with histories of intimate partner violence. We examined the relationships among race, risk factors, summary risk ratings, and recidivism while also investigating whether participants' racial identity influenced the likelihood of incurring formal sanctions for reported violence. Spousal Assault Risk Assessment Guide-Version 3 risk factor totals and summary risk ratings were associated with new violent charges. Indigenous individuals were assessed as demonstrating more risk factors and were more likely to be rated as high risk, even after controlling for summed risk factor totals and prior convictions. They were also more likely to recidivate and to have a history of at least one reported act of violence that did not result in formal sanctions. The results suggest that structured professional judgment guidelines can produce disparate results across racial groups. The disparities observed may reflect genuine differences in the likelihood of recidivism, driven by psychologically meaningful risk factors which have origins in deep-rooted systemic and contextual factors. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Acid attacks and epistemic (in)justice: Violence, everyday resistance and hermeneutical responsibilities in the Indian Hindi film Chhapaak

AbstractBy taking into consideration films as a method of dissemination of knowledge, the article examines the relationship between epistemic change, an understanding of epistemic injustice, and the prior epistemic convictions of characters, as well as everyday resistance, in the film Chhapaak, translated as Splash, an Indian Hindi‐language biographical drama film that portrays the life of Laxmi Agarwal, a survivor of an acid attack. The first section of the article contextualizes the story of the film through the trajectories of acid attacks in India. This is followed by discussions on epistemic injustice and collective wrongdoing through the lived realities of acid attack victims and survivors as depicted in the film. The article also highlights how these individuals exhibit everyday resistance and strive to bring about transformation in society. The article concludes with discussions on the epistemic, socio‐cultural, and hermeneutical responsibilities of people that can make society a safe place for all, especially girls and women in India. The article concludes by examining the epistemic, socio‐cultural, and hermeneutical responsibilities that individuals must undertake in order to create a secure environment for all members of society, with a particular focus on girls and women in India.

Prediction of Recidivism and Detection of Risk Factors Under Different Time Windows Using Machine Learning Techniques

Following a comprehensive analysis of the initial three generations of prisoner risk assessment tools, the field has observed a notable prominence in the integration of fourth-generation tools and machine learning techniques. However, limited efforts have been made to address the explainability of data-driven prediction models and their connection with treatment recommendations. Our primary objective was to develop predictive models for assessing the likelihood of recidivism among prisoners released from their index incarceration within 1-year, 2-year, and 5-year timeframes. We aimed to enhance interpretability using SHapley Additive exPlanations (SHAP). We collected data from 20,457 in-prison records from February 10, 2005, to August 25, 2021, sourced from a Southwestern China prison’s data management system. Recidivism records were officially determined through data mining from an official website and combined identification data from neighboring prisons. We employed five machine learning algorithms, considering sociodemographic, physical health, psychological assessments, criminological characteristics, crime history, social support, and in-prison behaviors as factors. For interpretability, SHAP was applied to reveal feature contributions. Findings indicated that young prisoners accused of larceny, previous convictions, lower fines, and limited family support faced higher reoffending risk. Conversely, middle-aged and senior prisoners with no prior convictions, lower monthly supermarket expenses, and positive psychological test results had lower reoffending risk. We also explored interactions between significant predictive features, such as prisoner age at incarceration initiation and primary accusation, and the duration of current incarceration and cumulative prior incarcerations. Notably, our models consistently exhibited high performance, as shown by AUC on the test dataset across time windows. Interpretability results provided insights into evolving risk factors over time, valuable for intervention with high-risk individuals. These insights, with additional validation, could offer dynamic prisoner information for stakeholders. Moreover, interpretability results can be seamlessly integrated into prison and court management systems as a valuable risk assessment tool.

The discretion of the EU Member States in shaping the non-conviction based confiscation regime in the light of CJEU and ECHR case law

The research presented in the article aims to assess the scope of the normative freedom of EU Member States when implementing non-conviction based confiscation. This study was based on the case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). The study shows that despite the broad discretion of the Member States resulting from the position of the CJEU, domestic regulation of this type of confiscation falls outside the scope of EU law; the extensive jurisprudence of the ECHR sets quite precise boundaries concerning the concept of confiscation without prior conviction. Thus, it limits the discretion of Member States in this regard, providing both safeguards for individuals and guidelines for national legislators that intend to develop non-conviction based confiscation regimes in their domestic legal system.

Criminal thinking as a bipolar dimensional construct: Testing the risk-promotive status of the PICTS proactive and reactive criminal thinking scales.

This study sought to assess whether two scales from a criminal thinking inventory displayed bipolar properties such that high scores on these scales reflect a risk effect and low scores a promotive effect. To test this hypothesis, the proactive criminal thinking (PCT) and reactive criminal thinking (RCT) scales from the Psychological Inventory of Criminal Thinking Styles (PICTS) were organized into three categories-top 25% of scores (high group), the middle 50% of scores (intermediate group), and bottom 25% of scores (low group)-and crossed with preincarceration (prior convictions and age at first conviction), peri-incarceration (total and aggressive institutional infractions), and postincarceration (revocation and rearrest) outcome indicators. Participants for this study were 3,039 male inmates who completed the PICTS while confined in a medium-security federal prison. Results showed that the PCT and RCT each achieved a mixed (risk and promotive) effect for four out of six outcomes. Of the four unipolar effects, PCT achieved a promotive effect but not a risk effect for the two preincarceration outcomes, whereas RCT produced a risk but not promotive effect for the two postincarceration outcomes. These results provide support for the notion that PCT and RCT are primarily bipolar dimensional constructs in which high scores are associated with negative criminal justice outcomes and low scores with positive criminal justice outcomes, although there may be unipolar aspects to each scale as well. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Invisible Stripes? A Field Experiment on the Disclosure of a Criminal Record in the British Labour Market and the Potential Effects of Introducing Ban-The-Box Policies

Abstract Labour market discrimination against individuals with criminal records may be unfair, ineffective and counterproductive. This article describes a field experiment designed to indicate whether job applicants disclosing a criminal record in the British labour market have a lower probability of success than equivalent applicants not disclosing criminal records. The research also provides insights into the potential effects of introducing a Ban-The-Box (BTB) policy in the United Kingdom, which would prohibit questions on prior convictions in the first stages of the recruitment process. The results confirm the existence of criminal record discrimination and suggest that introducing a BTB policy would increase job prospects for White applicants with criminal records, but not for members of ethnic minorities.

Institutional firesetting in a forensic inpatient population

ABSTRACT Institutional firesetting is a widespread and serious problem in custodial settings. However, there is very little research into the subject. This paper describes the characteristics and firesetting histories of 32 patients with histories of institutional firesetting in a secure psychiatric unit in the UK. Only six patients (18.8%) had a prior conviction for firesetting, while a further eight (25.0%) had a history of firesetting but no conviction). All institutional firesetting was carried out alone, most commonly in a cell or bedroom. Institutional firesetting was significantly more common among patients with a diagnosis of personality disorder than among those with a diagnosis of mental illness. The results are consistent with the M-TTAF trajectories model of firesetting. Different patterns of firesetting may emerge in institutional settings because firesetting may be one of an extremely limited repertoire of problem solving strategies and may be inadvertently reinforced in these settings. These results suggest that there may be a subgroup of institutional firesetters with no previous history of firesetting and this is a group that merits more detailed study.

THE IMPORTANCE OF REGULATING NON-CONCIVTION BASED FORFEITURE IN CORRUPTION CASES IN INDONESIA

This research examines the importance of regulating Non-Conviction Based Asset Forfeiture (NCB) in corruption cases in Indonesia. NCB is a mechanism of asset forfeiture that allows the state to seize assets without a prior criminal conviction. The study argues that the regulation of NCB is necessary to ensure the effectiveness of asset recovery in corruption cases and to prevent abuse of power by law enforcement agencies. The research uses a qualitative approach and analyzes relevant laws and regulations, court decisions, and academic literature. The findings suggest that the current legal framework for NCB in Indonesia is inadequate, leading to the misuse of NCB by law enforcement agencies. The research recommends the enactment of a specific law on NCB in corruption cases that provides clear criteria and safeguards for the use of this mechanism.

A First Step in Understanding Influences on System-Involved Women’s Changes in Financial Need

Financial need strongly predicts women’s recidivism. However, little is known about influences on change in system-involved women’s financial need. Qualitative data from women with significant increases and decreases in financial need show the importance of tailored assistance finding jobs to improve financial status, and the relevance of worsening physical health and limited access to safety-net benefits to increasing financial need. Prior convictions act as a barrier to employment especially for Black women, and younger women most often associated financial problems with lack of mental health care. Gender, race, and age responsive assistance is needed to improve system-involved women’s financial standing.

Hospital break. An eight-year review of escapes and absconds from two high security forensic centers

BackgroundIncreasing freedom of movement and community reintegration is a vital part of recovery for forensic service users. Clinical teams realize that risk of unauthorized leave exists when granting leave, tasking them with balancing the recovery-based treatment needs of the patients with the larger obligation to protect the public from undue risk of harm. While considerable literature exists on unauthorized leave from acute psychiatric units, there is still little research specific to unauthorized leave from forensic settings. AimsThe aim of this study is twofold. First, to examine the prevalence rates and characteristics of unauthorized leaves (i.e., absconds and escapes) among 654 high security forensic patients. Second, to identify individual patient factors associated with unauthorized leaves. A broad array of risk factors is taken into account, including demographic, clinical, judicial and criminal factors. Principal resultsDuring the 8-year period (17th of November 2014 until 17th of November 2022), there were 59 unauthorized leaves, which represents a very low percentage (0.2%) relative to the total number of leaves. Most patients returned to the hospital or were caught within one week. The reasons that led to an unauthorized leave were in more than half of the incidents frustration and in more than a third goal-directed. Only a minority of the unauthorized leaves was associated with subsequent offending, notwithstanding substance use was more frequent. Patients that absconded or escaped more often had a personality and comorbid substance misuse disorder, but less often a paraphilic disorder. They were younger, had more convictions and higher risk scores. After logistic regression, only personality disorder, comorbid substance misuse disorder and number of convictions were independently associated with unauthorized leave. ConclusionsThe results of this study indicate that ULs occurred rarely, and in most instances, patients returned within a short period without further incidents. Personality disordered patients with comorbid substance misuse and prior convictions posed the greatest risk to abscond or escape. Overall, the rate of unauthorized leaves and subsequent offending was small relative to the total number of leaves. This suggests that the risk for absconding was assessed in an adequate manner by the clinical teams. The study hopefully adds to reducing the stigma towards leaves from forensic psychiatric hospitals.