Punitive Sentences Research Articles

How do people in prison access palliative care? A scoping review of models of palliative care delivery for people in prison in high-income countries

Background: An ageing prison population with complex health needs combined with punitive sentencing practices means palliative care for incarcerated individuals is increasingly important. However, there is limited evidence regarding the models of care delivery in high-income countries, and their associated challenges and benefits. Aim: To develop a typology of models of palliative care provision for incarcerated individuals, synthesise evidence of their outcomes and describe facilitators of and challenges in delivering different models of palliative and end-of-life care in prisons. Design: Scoping review following Arksey and O’Malley, with narrative synthesis. The protocol was registered prospectively (reviewregistry1260). Data sources: MEDLINE, EMBASE, CINAHL, PsycINFO, the Social Sciences Citation Index and grey literature were searched on 15th March 2023. The Mixed Methods Appraisal Tool (MMAT) was used for quality appraisal. Results: A total of 16,865 records were screened; 22 peer-reviewed articles and 18 grey literature sources met the inclusion criteria. Three models were identified: Embedded Hospice, Outsourcing Care and Community Collaboration. The Embedded Hospice model shows potential benefits for patients and prisons. Outsourcing Care may miss opportunities for comprehensive care. Collaborative Care relies on proactive prison-community relationships that could be formalised for improvement. Psychosocial and bereavement needs of those dying in prison and their caregivers lack sufficient documentation. Conclusion: Further research is needed to evaluate prison hospice costs and examine how prison hospices impact compassionate release usage. Beyond the USA, policies might formalise care pathways and recognise best practices. Further investigation to address psychosocial needs of people in prison with life-limiting illnesses and post-death bereavement support is required.

Does "Jamal" receive a harsher sentence than "James"? First-name bias in the criminal sentencing of Black men.

Using archival and experimental methods, we tested the role that racial associations of first names play in criminal sentencing. We hypothesized that Black defendants with more stereotypically Black names (e.g., Jamal) would receive more punitive sentences than Black defendants with more stereotypically White names (e.g., James). In an archival study, we obtained a random sample of 296 real-world records of Black male prison inmates in Florida and asked participants to rate the extent to which each inmate's first name was stereotypically Black or stereotypically White. We then tested the extent to which racial stereotypicality was associated with sentence length, controlling for relevant legal features of each case (e.g., criminal record, severity of convicted offenses). In a follow-up experiment, participant judges assigned sentences in cases in which the Black male defendant was randomly assigned a more stereotypically Black or White name from our archival study. Controlling for a wide array of factors-including criminal record-we found that inmates with more stereotypically Black versus White first names received longer sentences β = 0.09, 95% confidence interval (95% CI) [0.01, 0.16]: 409 days longer for names 1 standard deviation above versus below the mean on racial stereotypicality. In our experiment, participant judges recommended significantly longer sentences to Black inmates with more stereotypically Black names above and beyond the severity of the charges or their criminal history, β = 0.07, 95% CI [0.02, 0.13]. Our results identify how racial associations with first names can bias consequential sentencing decisions despite the impartial aims of the legal system. More broadly, our findings illustrate how racial biases manifest in distinctions made among members of historically marginalized groups, not just between members of different groups. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Examining Underlying Reasons for Continued Public Support for Punitive Sentencing for Drug Offenses in the U.S.: Preliminary Results from Three National Experiments

Examining Underlying Reasons for Continued Public Support for Punitive Sentencing for Drug Offenses in the U.S.: Preliminary Results from Three National Experiments

An interview with an inspiring lawyer who is pursuing “smart justice”

This interview describes the hard work of a criminal lawyer, Iain Smith, working in Glasgow, Scotland who has been campaigning to make sure that offenders who have a history of adverse childhood experiences (ACEs) are given “smart justice” rather than ineffective and often punitive sentences by judges which lead to recividism and ruined lives.

Racial animus and its association with punitive sentencing and crime types: Do Australian community attitudes reflect the United States’?

The racial animus model argues that public support for punitive sentencing of criminal offenders is shaped by threat perceptions associated with cultural minority groups. This study applies the racial animus model to examine support for the punitive sentencing of criminal offenders in the United States and Australia. It also examines whether racial animus mediates the possible difference in punitive attitudes between each country toward different crime types. Online survey data were obtained in the US and Australia to assess racial animus and punitive attitudes using six different crime scenarios. Results indicate that (a) individuals with higher levels of racial animus demonstrate greater levels of punitiveness; (b) Australians have higher levels of racial animus as compared to their US counterparts; and (c) racial animus mediates the difference of punitive attitudes between the two countries. Overall, punitive attitudes and racial animus vary cross-culturally, with Australians demonstrating more racial animus. Our mediation model provides evidence for the importance of racial animus in the cross-cultural demand for the punishment of criminal offenders.

Structural Violence Perpetrated Against Indigenous Peoples in Canadian Criminal Courts: Meta- Analytic Evidence of Longstanding Sentencing Inequities

Social justice entails opposing discrimination and working towards eliminating structuralviolence. The problem of overrepresentation of Indigenous peoples across Canada’s criminaljustice system, a site of structural violence, has persisted for decades. Most studies uncoveredthrough this review and meta-analysis indicated Indigenous disadvantage in criminal sentencing.Specifically, Indigenous peoples were at much greater risk of receiving punitive sentences thannon-Indigenous people. Additionally, the disparity was observed to be significantly greateramong women than men. This synthesis also elucidated the paucity of data and research relatedto Indigenous peoples’ involvement with the court system. Implications and future researchneeds are discussed.

“Some Mother's Child Has Gone Astray”: Neuroscientific Approaches to a Therapeutic Jurisprudence Model of Juvenile Sentencing1

There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges' decisionmaking (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) flies squarely in the face of therapeutic jurisprudence precepts. If the legal process is to seek to maximize psychological well‐being and if it is to coincide with an “ethic of care,” then, it is necessary for those involved in the criminal justice system to speak publicly about this topic, and to “call out” those – be they elected politicians, editorial writers and commentators in the conservative media, or judges – who urge retributive and punitive sentences for adolescents and children. In this paper, we will first give a brief overview about the current neuroscientific findings about juvenile brain development in the context of criminal behavior, and then discuss the current sentencing standards and regulations that are in place. Then, we will discuss the impact of therapeutic jurisprudence as a framework for advocating for juvenile clients, in order to maximize and preserve their psychological well‐being and to mitigate trauma. Finally, we will offer recommendations for how experts can work with attorneys who are presenting sentencing arguments, in order to make the most comprehensive, scientifically persuasive case for leniency in juvenile sentencing.

Neighborhoods, Criminal Incidents, Race, and Sentencing: Exploring the Racial and Social Context of Disparities in Incarceration Sentences

Abstract As an extra-legal factor, social context is a key contributor to racial/ethnic disparities in incarceration sentences. Neighborhoods may have important, yet underexplored influences on sentencing. This study evaluates whether the social conditions and racial characteristics of communities where defendants allegedly offend affect Black-White sentencing disparities. Three-level multilevel model results suggest larger Black populations in neighborhoods of criminal incident increase the odds of incarceration and, to a lesser extent, lengthen sentences for all defendants. Offending outside one’s residential community increases the probability and length of a prison sentence. Neighbourhood effects differ by race, however. Unlike Whites, Blacks receive more punitive sentences for committing offences in disadvantaged areas and less proportionally Black communities. Neighbourhoods thus contribute to racial differences in sentencing outcomes.

A problem-solving approach to criminalised women in the Australian context

The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

Revisiting the Minority Threat Perspective: Examining the Main and Interactive Effects of Segregation on Sentencing Severity

Drawing on the minority threat perspective, this study assesses the main and interactive effects of racial/ethnic segregation on the incarceration and sentence length decisions. Using the State Court Processing Statistics in combination with other data, we employ multilevel models to examine (1) whether racial/ethnic segregation affects sentencing severity, (2) whether racial/ethnic segregation moderates the effects of racial/ethnic composition, and (3) whether racial/ethnic segregation reduces racial/ethnic disparity in punitive sentencing. Both racial and ethnic segregation displayed mitigating effects on punishment severity. In particular, racial segregation reduced the effect of racial composition on probabilities of receiving a prison term, and ethnic segregation reduced the effect of ethnic composition on probabilities of receiving a jail sentence. Our results suggest that the minority threat perspective and its theoretical accounts of segregation can be partially applied to sentencing outcomes in state courts.

Trust in Colombia’s Justicia Especial Para La Paz: Experimental Evidence

Research on the determinants of institutional trust in courts that are part of transitional justice frameworks is scarce. This article relies on experimental evidence to explore whether features of the case and the ruling play a role in citizens’ attitudes towards the Justicia Especial para la Paz, Colombia’s transitional justice tribunal. I evaluate whether the profile of the accused and whether or not he is sentenced to the most lenient of restorative justice measures have an effect on trust. I find that support for the decision is lower for restorative sentences than for more punitive sentences, and that whether or not the acussed was a former guerrilla combatant or a member of the military does not influence evaluations. This research contributes to our understanding of how citizens in countries dealing with the aftermath of violence perceive the institutions devised to adjudicate on the atrocities of conflict.

'Some Mother's Child Has Gone Astray': Neuroscientific Approaches to a Therapeutic Jurisprudence Model of Juvenile Sentencing

There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges’ decisionmaking (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) flies squarely in the face of therapeutic jurisprudence precepts. If the legal process is to seek to maximize psychological well-being and if it is to coincide with an “ethic of care,” then, it is necessary for those involved in the criminal justice system to speak publicly about this topic, and to “call out” those – be they elected politicians, editorial writers and commentators in the conservative media, or judges – who urge retributive and punitive sentences for adolescents and children. In this paper, we will first give a brief overview about the current neuroscientific findings about juvenile brain development in the context of criminal behavior, and then discuss the current sentencing standards and regulations that are in place.Then, we will discuss the impact of therapeutic jurisprudence as a framework for advocating for juvenile clients, in order to maximize and preserve their psychological well-being and to mitigate trauma. Finally, we will offer recommendations for how experts can work with attorneys who are presenting sentencing arguments, in order to make the most comprehensive, scientifically persuasive case for leniency in juvenile sentencing.

Same old song and dance? An analysis of legislative activity in a period of penal reform

After years of tough-on-crime politics and increasingly punitive sentencing in the United States, economic, political, and social shifts in the 21st century have created new opportunities for opponents of the penal status quo. By 2013, a majority of states had enacted some type of reform aimed at reducing prison populations. An emerging body of punishment and society scholarship seeks to understand the possibilities and characteristics of reform efforts by examining enacted state legislation. In this article, we use a unique data set of all proposed and passed bills in three legislative sessions in New Jersey between 2001 and 2013 to provide a nuanced empirical account of change and continuity in penal logics in the period of reform. Even when not enacted, proposed legislation shapes the penal field by introducing new ideas that are later incorporated into rhetoric, policy, or practice. Proposed bills that never become law can also alter the political calculus for reformers or their opponents. Our findings demonstrate that by expanding our universe of data, we gain insight into characteristics of “late mass incarceration” that we might otherwise miss. In particular, while we find evidence of decarceration and bifurcation logics, our analysis also demonstrates that state lawmakers continue to participate in “crime control theater” and reproduce the same punitive penal logics that helped build the carceral state.

University Students’ Perceptions of Child Sexual Offenders: Impact of Classroom Instruction

ABSTRACTResearch with the public suggests that knowledge about sexual offenders, especially child sexual offenders, is limited and often inaccurate. In general, the public tends to believe that adults who commit sex crimes against children are pedophiles or monstrous strangers who cannot be rehabilitated. However, there is some evidence to suggest that these perceptions can be changed through curricular intervention. The current study was designed to determine whether a course on sex crimes against children could influence college students’ knowledge and attitudes toward child sexual offenders. In a pretest–post-test design, students enrolled in the sex crimes course endorsed fewer stereotypes had more positive attitudes toward treatment and offender rehabilitation, along with reduced support for punitive sentencing compared with students enrolled in a general psychology class. Implications for improving public attitudes and suggestions for informing public policies are offered.

Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

Outlawing sexual violence: rape law and the likelihood of civil war

An expanding body of literature maintains that gender inequality heightens the probability of intrastate conflict by creating a structure of violence. The paper proposes the legal system as the missing link between social norms and conflict occurrence. Gender neutrality of the penal code coheres with norms of equality and, further, embodies egalitarian, progressive values associated with pacific norms of conflict resolution. The criminalization of rape enhances female empowerment by offering a legal commitment on the part of the state to safeguard women’s physical security. More broadly, legal prohibitions against rape protect women and other vulnerable individuals from sexual aggression. The statistical analysis uses novel data on rape legislation for 194 states over the 1965 to 2005 time period. The length of punitive sentence proxies for the stringency of rape legislation. The empirical findings demonstrate that longer punitive sentences against rape crimes are associated with a significantly lower probability of intrastate conflict. Sanctions against both female and male perpetrators of rape are analyzed separately. The results show that gender neutrality of law whereby the penal code establishes similar sentences for female and male offenders alike also significantly decreases conflict propensity.

Race Matters: Public Views on Sentencing

Research consistently finds that while the public expresses concerns about sentence leniency in the abstract, when presented with a specific case, people are typically not particularly punitive (Hough and Roberts 2012). While Canadian studies have further explored the effect of various social-structural factors on sentencing preferences, absent is any empirical investigation of the role, if any, that the offender's ethnicity plays. We explore this question using a convenience sample of adult Canadians and four vignettes (of an armed robbery), which were identical except for the racialized identity of the offender. Respondents' sentencing choices and perceptions of offender dangerousness, culpability, and recidivism risk were elicited. Results revealed that the “black” offender was rated as being significantly more dangerous than the “white” offender and also received a significantly more punitive sentence. After controlling for the impact of the criminal record and views of dangerousness, culpability, and recidivism risk, there was still an independent, albeit very small, effect of the racialized identity of the offender on sentencing preferences. The strongest predictor of the sentence, however, was how dangerous respondents viewed the offender. Part of the desire for a harsher sentence for the black offender likely related to views of dangerousness. The implications of these findings are discussed.

Framing Terrorists in Canada: A Comparative Analysis of Two Shootings

IntroductionMuch academic ink has been spent on trying to construct a comprehensive definition of terrorism. Presumably this effort has been expended in hopes that the definition will allow for informed, concise debate that limits undesirable influences (xenophobia, racism, etc.). Unfortunately, the events of September 11, 2001 pulled the definition exercise into the public and political realms before any universal definition was accomplished. Academically though this exercise has increased doubt about the veracity of the threat of terrorism. Rather academics have warned about over-reaction and over-reach of political and legal use of the term terrorism. Critics felt that legally defining terrorism would not only be difficult, it could prove dangerous due to the subjective nature of the term. Consequently when, in 2002 the Canadian government passed the Anti-Terrorism Act (2001) there was a great deal of concern as to how the definition of terrorism would be operationalised not only by legal practitioners but by media and political actors.This article will address two important questions for Canadian terrorism studies. Firstly, how do Canadian media operationalise the label of terrorism? An analysis of the media framing employed to cover two violent Canadian events (the Moncton shootings and the Ottawa Shootings) will be used to address this. Secondly, did the legislated definition of terrorism influence the operationalisation of the label of terrorism in Canadian media? To set the stage for this research, Canada's legislated definition of terrorism is explored to clarify its parameters.Defining Canadian TerrorismFor the first time in Canadian legislative history, the ATA (2001) defined terrorism. The purpose of this exercise was to set terrorism offences apart from regular criminal justice offences. Accordingly offences that fulfill the criteria set out as 'terrorist activity' in the ATA (2001) will be punished to a greater degree than similar offences not considered under the ATA (2001). Essentially, violent acts of terrorism will receive more punitive sentences than other similar or even seemingly identical offences. For instance a thrillseeking gunman who attacks a public space would face more lenient treatment than a gunman that falls under the ATAs criteria of terrorist activity as listed below:Section 83.01(i) of the ATA (2001) defined terrorist activity as committed:(A) in whole or in part for a political, religious or ideological purpose, objective or cause, and(B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and(ii) that intentionally(A) causes death or serious bodily harm to a person by the use of violence,(B) endangers a person's life,(C) causes a serious risk to the health or safety of the public or any segment of the public,(D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or(E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C), and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law. …

Évaluation des troubles du langage oral chez des mineurs incarcérés et leurs impacts sur le déroulement de la détention

ObjectivesNumerous studies in the United Kingdom, the United States and Australia have shown that the prevalence of language impairment is much higher amongst young offenders than in the general population. To our knowledge, no such study has ever been undertaken in France. The goal of this pilot study was to bring greatly needed information on language difficulties among a small group of young offenders going through the French prison system and to raise awareness on their communication difficulties. MethodsFormal and functional oral language assessment was conducted on a small sample of 19 subjects. Productive and receptive tasks were used to investigate the two sides of language faculty. Six core tasks were used as markers for language difficulties. Language production measures: morphology and syntax were measured using a sentence repetition task, a sentence completion task and a discourse task using a reminder of an oral story. Language reception measures: receptive vocabulary was measured using a French adaptation of the PPVT, a comprehension of instructions test and a short debate, both based on functional situations. Further analysis was used to compare language difficulties and progression through the prison system. ResultsSome subjects did not complete the protocol. However, main results are as follows: 15 out of 19 subjects scored below 1.65 SD or below C10 on one or several of the six core tasks; a comparison made between subgroups shows that, among the 19 subjects assessed, those with the most difficulties on the receptive vocabulary task and the narration task are those who spent more time serving a punitive sentence within the prison and those less likely to live in a responsibility unit. ConclusionThis study confirmed that a high level of oral language difficulties was present in the population assessed. It was also partially confirmed that these difficulties might have an impact on young offenders’ progression inside the prison system. Issues regarding the assessment of oral language abilities in teenagers and the relevance of the protocol used in this study are discussed. The limitations of the study and indications for further research are also explored to consider a further study on a larger sample.

Triarchic Model Personality Traits and Their Impact on Mock Juror Perceptions of a White-Collar Criminal Defendant

ABSTRACTThe triarchic model of psychopathy proposes that this personality disorder is composed of 3 relatively distinct constructs: meanness, disinhibition, and boldness. Although the first 2 components are widely accepted, boldness has generated considerable theoretical debate concerning its relevance—largely due to its association with various ostensibly adaptive characteristics and socially desirable behaviors (e.g., self-reported heroism). But is being bold actually perceived by others as an intrinsically adaptive, socially desirable personality trait? We investigated this question using a novel approach—a jury simulation study that manipulated the level of triarchic traits exhibited by a white-collar criminal. More specifically, 330 community members read a vignette in which the defendant's degree of boldness and disinhibition was manipulated and then provided sentence recommendations and other evaluative ratings. As hypothesized, manipulating boldness and disinhibition resulted in more negative views of the defendant, with the boldness manipulation more consistently predicting higher global psychopathy, “meanness,” and “evil” ratings. Surprisingly, neither manipulation predicted sentence recommendations, although higher global psychopathy ratings did correlate with more punitive sentence recommendations. The presence of personality traits construed in some contexts as advantageous or socially desirable can be perceived as more dysfunctional and undesirable in other contexts—particularly when they cooccur with criminal behavior.