Violent Offenses Research Articles

Judicial Narratives and ‘Reality’: A Thematic Analysis of References to Family Violence in Sentencing Remarks for the Offence of Threat to Kill

For domestic and family violence (‘DFV’) offences, sentencing remarks present a unique opportunity for dialogue between the Court, the offender, the victim-survivor, and the public. At the point of sentencing an offender, the judicial officer provides a rationale for the sentence imposed. This rationale includes a consideration of the impact of the offending on the victim, but can also carry narratives about the harms, dynamics, and outcomes of DFV offences. This article seeks to evaluate the narratives present within sentencing remarks for the offence of threat to kill occurring in a DFV context in the Australian jurisdictions of the Australian Capital Territory and Victoria. The authors use thematic analysis to compare themes generated within the judgments to the sentencing considerations required by the Crimes (Sentencing) Act 2005 (ACT) and the Sentencing Act 1991 (Vic). Our findings support the idea that if required to refer to the nature and dynamics of DFV in sentencing offenders, judicial officers’ understanding of DFV may be improved. We therefore suggest such requirements could potentially play a similar role in other jurisdictions.

The key role of base rates: systematic review and meta-analysis of the predictive value of four risk assessment instruments.

Many countries have seen a decline in recidivism rates over the past decades. These base rates are pertinent information for assessing the recidivism risk of offenders. They provide a foundation for clinical assessment and an empirical basis for risk assessment instrument norms, which inform expected recidivism rates. The present study explored the extent to which base rates influence the validity of risk assessment instruments. We systematically reviewed the available evidence on the discrimination ability of four well-established risk assessment instruments used to estimate the probability of recidivism for general (Level of Service Inventory-Revised [LSI-R]), violent (Violence Risk Appraisal Guide [VRAG]), sexual (Static-99R), and intimate partner violent offences (Ontario Domestic Assault Risk Assessment [ODARA]). We conducted a bivariate logit-normal random effects meta-analysis of sensitivity and false positive rates and modelled the positive and negative predictive values. We used base rates as reported in (a) the construction samples of each risk assessment instrument and (b) recent official statistics and peer-reviewed articles for different offence categories and countries. To assess the risk of bias, we used the Joanna Briggs Institute Critical Appraisal Checklist for Diagnostic Test Accuracy Studies. We screened 644 studies and subsequently analysed 102, of which 96 were included in the systematic review and 24 in the meta-analyses. Discrimination was comparable for all four instruments (median area under the curve = 0.68-0.71). The information needed to calculate summary statistics of sensitivity and false positive rate was often not reported, and a risk of bias may be present in up to half of the studies. The largest summary sensitivity and false positive rate were estimated for the ODARA, followed by the LSI-R, the VRAG, and the Static-99R. If base rates are low, positive predictive values tend to be relatively low, while negative predictive values are higher: positive predictive value = 0.032-0.133 and negative predictive value = 0.985-0.989 for sexual offences; positive predictive value = 188-0.281 and negative predictive value = 0.884-0.964 for intimate partner violence; positive predictive value = 0.218-0.241 and negative predictive value = 0.907-0.942 for violent offences; positive predictive value = 0.335-0.377 and negative predictive value = 0.809-0.810 for general offences. When interpreting the results of individual risk assessments, it is not sufficient to provide the discrimination of the instrument; the risk statement must also address the positive predictive value and discuss its implications for the specific case. As recidivism rates are neither stable over time nor uniform across countries or samples, the primary interpretation of risk assessment instruments should rely on the percentile rank. Expected recidivism rates should be interpreted with caution. However, our results are drawn from a limited database, as studies not reporting sufficient information were excluded from analyses and it was only possible to identify current base rates for modelling positive and negative predictive values for certain countries. International standards for consistently collecting and reporting base rates are important to better identify crime trends. Future research on the validity of risk assessment instruments should follow rigorous reporting standards.

ЭКОНОМИКА ПРЕСТУПНОСТИ: ВЛИЯНИЕ БЕЗРАБОТИЦЫ НА РОСТ КРИМИНАЛЬНОЙ АКТИВНОСТИ

The article examines the impact of unemployment on the level of criminal activity using statistical data and economic and sociological approaches. Particular attention is paid to the analysis of the relationship between the growth of unemployment and changes in the level of various types of crimes, such as theft, robbery and violent offenses. The study reveals how economic and social factors increase criminal tendencies during periods of economic instability. Based on the obtained results, recommenda-tions are proposed to reduce crime through the optimization of social and economic policies.

Community Service for Legal and Legal Awareness Prevention of Violence Against Children in Bone District

The government stipulates Law Number 35 of 2014, which amends Law Number 23 of 2002 concerning Child Protection. This legislation explicitly delineates that children represent the successors of the nation's generation and must be afforded protection from all forms of violence and discrimination. The established regulations serve as an appropriate legal foundation for the provision of protection for children. This counseling activity is conducted to educate the community as a proactive measure to prevent and address crimes or criminal acts. The proliferation of counseling initiatives undertaken by law enforcement agencies and local governmental bodies is anticipated to enhance public comprehension regarding the importance of preventive measures against criminal activities, particularly those involving violence directed at children. This activity is conducted in three stages, specifically: Focus Group Discussion (FGD), the dissemination of child violence law policies, and the establishment of a collective commitment to encourage the community to adhere to the law. The findings of the community service indicated that insufficient parental supervision and a lack of awareness among children regarding problem-solving through deliberation have contributed to the emergence of numerous groups of children. In the interim, initiatives undertaken in partnership with law enforcement to address crimes against children in Bone Regency encompass: guidance, peace efforts, counseling, and patrols. Educating families regarding the significance of supervising their children is essential to prevent their offspring from becoming either victims or perpetrators of criminal activities. Delivering continuous legal education in light of the significant role that society plays in the prevention of crime, particularly violent offenses against children.

Beyond “pleasant lies”: The “fictionalizing tendencies” in family members’ narratives of men’s violence

Researchers have examined how perpetrators of harm—and those close to them—grapple with moral questions related to culpability and victimhood, often by developing excuses and justifications that “neutralize” the damage inflicted. Building on this research, I use 18 in-depth interviews with family members of men incarcerated for a violent offense to explore the “fictionalizing tendencies” in their accounts of their loved ones’ harm. Drawing on scholarship in philosophy and literary theory, I illuminate how the imposition of a narrative structure commonly found in fiction facilitated family members’ sense-making processes as they confronted their loved ones’ actions. Participants’ fictionalizing tendencies speak to the tensions embedded in perspectival narratives that aspire to truth, and situating knowledge about these tendencies alongside research focused on how harm is justified or excused can deepen our understanding of why and how people blur the boundaries of reality.

Sentencing Outcomes for Extremist Actors in the United Kingdom, 2001-2022

Few studies have examined the sentencing outcomes of individuals convicted of terrorism or violent extremism-related offences in the United Kingdom (UK). Home Office data can tell us the number of persons arrested for terrorist-related activity and subsequent outcomes, such as charges and convictions by legislation, but this data does not provide a complete picture of the prosecution landscape for extremist actors in the UK. This is due in part to the existence of three distinct legal jurisdictions (England and Wales, Scotland, and Northern Ireland) and also to differences in the types of data collected and counting practices in operation. Moreover, the official data available publicly are only summary statistics, with no separate data for Scotland. This article addresses this research gap in our knowledge of the prosecution landscape for extremist actors in the UK by utilising data from an original dataset compiled by the research team from open sources on the sentencing outcomes of individuals (n=809) convicted of terrorism, terrorism-related, and violent extremism offences over a 21- year period (April 2001-March 2022). The analysis of this dataset has allowed us to test a range of hypotheses in relation to not only motivation but also offence type, gender, age, co-defendants and having multiple counts (i.e. facing multiple charges). Limitations of the study are also discussed

The same, but different: The interactive effect of attributes of judges on judicial decision making and sentencing outcomes

AbstractIn this article, I consider whether certain attributes of a judge and, most importantly, the interaction effects of these characteristics affect the way judges decide cases and can explain disparities in sentencing outcomes. Using a supervised machine learning technique, the analysis uncovers some important effects not previously discussed in the extant literature. The results suggest that judges appointed by Republican Governors are most likely to give harsher sentences for all crimes but especially for felony and violent offences. Concerning crimes involving a high level of moral turpitude, judges get harsher as they age and men much more so than women.

Massey v. Texas: Eroding the Exclusionary Rule and Incentivizing Police Misconduct

In April 2023, the Texas Court of Criminal Appeals upheld the conviction of James Calvin Massey for possession of drugs discovered as a direct result of an unconstitutional Terry frisk. Ordinarily, with limited exceptions, the exclusionary rule prohibits the prosecution from using contraband discovered as a result of unconstitutional police action, akin to the situation Mr. Massey encountered. In fact, that’s exactly why the intermediate court of appeals reversed Mr. Massey’s conviction. When the Texas Court of Criminal Appeals reinstated Massey’s conviction, it broke new ground, holding that because Mr. Massey resisted the unconstitutional Terry frisk, his uncharged misdemeanor offense of resisting—no matter how petty or predictable—constituted an “intervening circumstance” triggering the attenuation exception to the exclusionary rule. As such, the drugs were admissible despite the unconstitutional police action. To reach its holding, the Texas Court of Criminal Appeals relied on the recent Supreme Court decision in Utah v. Strieff. But the Texas court fundamentally misapplied Strieff. Strieff’s holding depended primarily on the fact that a suspect’s intervening circumstance (an outstanding warrant) was both pre-existing and independent of any unconstitutional police action. Accordingly, in Strieff, the officer’s unconstitutional action did not taint the discovery of contraband. Not so in Massey, which went far beyond what Strieff allowed. Massey, in contrast to Strieff, creates what is in effect a per se rule that all but eliminates the exclusionary rule in Texas whenever a suspect’s reaction to an unconstitutional police seizure or search leads the officer to initiate an arrest. Not only was the Texas Court of Criminal Appeals’ opinion in Massey wrong on the law, but its holding carries enormous policy implications for policing. While the exclusionary rule exists primarily to disincentivize police misconduct, Massey points officers in another direction: It creates an incentive for police to engage in unreasonable seizures in the hope a suspect will react in a petty and predictable manner, as did Mr. Massey, providing the officer with a new basis for arrest and accordant search. Even when a suspect’s response is a direct result of a Fourth Amendment violation, Texas courts must nearly always treat that response as attenuated from the violation. Ultimately, Massey invites the very behavior the exclusionary rule was designed to deter. This Article is both descriptive in its explanation of the exclusionary rule and its exceptions and analytical in its critique of Massey and the foreseeable consequences of that flawed decision. While one focus of the article is on a recent Texas case, it is not a Texas-specific discussion. This Article, more than anything, gives needed attention to a recent trend of limiting the exclusionary rule against the backdrop of established U.S. Supreme Court guidance. It is, in this regard, a cautionary tale for courts in all states to fully consider both binding precedent and the policy implications at stake.

State firearm legislation and initiation of gun carrying in the USA

ObjectiveEarly onset of gun carrying correlates with a heightened risk of violent offences and injuries. This research estimates the association between state firearm legislation and first-time handgun carrying in the...

Offending and clinical characteristics of adults with autism spectrum disorder: Experience at forensic psychiatry center in Türkiye between 2012 and 2022.

The forensic and clinical need for better understanding of criminal offending in adults with ASD is increasingly recognized. To date, few studies have examined the differences and similarities between criminal offenders with and without ASD with respect to demographics, offending profiles, and clinical characteristics. This study, conducted in Turkey, is the first to conduct such as comparison using a national database of forensic files. Computerized search of the forensic records of 11,853 adults assessed between January 1, 2012, and January 1, 2022, for criminal responsibility by the Turkish Council of Forensic Medicine found 74 adults diagnosed with ASD; they ranged in age from 18 to 40. [Correction added after first online publication on 04 December 2024. The value 11,583 has been revised to 11,853.] The demographic, clinical, and offending characteristics of these adults were compared to 100 adults without ASD selected from the remaining 11,779 records based on age (18-40 years) and year of assessment (10 from each year). The ASD group was younger, more likely to be unemployed and not living on their own. The ASD group was more likely to have co-morbid intellectual disability, ADHD, and OCD, while the non-ASD group was more likely to have co-morbid personality disorders, The ASD group was more likely to commit unplanned simple (non-penetrative) sexual and violent offenses against strangers; the non-ASD group was more likely to commit planned, qualified (penetrative) crimes against known persons. Impulsivity and manipulability were more often contributory in persons with ASD; revenge was more often contributory in persons without ASD. Adults with ASD were more likely to commit crimes on social media. In conclusion, this study found that adult offenders with and without ASD differed in demographics, psychiatric co-morbidities, and types of offending behaviors. These differences may have implications for the prevention of criminal offending in persons with ASD and addressing their needs once they are in the criminal justice system.

Lethal and non-lethal violent offences in intimate and non-intimate relationships in Norway between 2016 and 2020

Lethal and non-lethal violent offences in intimate and non-intimate relationships in Norway between 2016 and 2020

Pengaturan Marital Rape di Indonesia Perspektif Fiqh Jinayah tentang Keluarga

The purpose of this research is to explore the regulation related to the problem of marital rape in Indonesian legislation, especially after the enactment of the new Criminal Code Law by using the perspective of fiqh jinayah on family. This research is a doctrinal study with a conceptual approach and a legislative approach. Based on the research conducted, several conclusions can be formulated: First, marital rape that occurs in the household can be classified as a criminal offence of sexual violence. In addition, the regulation of marital rape in Indonesia is not yet specific and integrated so that it is still scattered in various regulations. Secondly, based on the perspective of fiqh jinayah, marital rape is included in the category of jarimah ta'zir because it is related to human honour. In the perspective of family jinayah fiqh, marital rape is also not justified and is an injustice according to Islam. Some sanctions in jinayah fiqh that can be applied to perpetrators of marital rape include diyat and ta'zir.

Уголовно-правовые меры специальной профилактики насильственных посягательств и их реализация полицией при межотраслевой конкуренции права

Introduction. The article deals with the issues of effectiveness of one of the directions of police activity in the sphere of special prevention of offences – the suppression of the most dangerous violent encroachments, infliction of harm when apprehending a person having committed a crime, through the use of physical force, special means and firearms by police officers. The lack of consistency in legal regulation, in particular, in the conditions of legality of necessary defence in the Criminal Code of the Russian Federation and the Federal Law of 7 February 2011 No.3 “On Police”, leads to interbranch competition of non-contradictory norms of different branches of law, regulating analogous social relations in the sphere of protection of a person and the rights of the defeated or other persons, but with a different degree of specification of the legal prescription. In a number of cases, the current situation leads to a decrease in the effectiveness of the protection of an individual from violent encroachments, the appearance of possible negative consequences for the personal safety of an official himself protected by the state from legal injustice and court errors. Methods and Results. Based on the ideas on the dialectical connection between the state policy in the sphere of counteraction to crime and criminal law, the author critically assesses the system of legal regulation of the use of measures of special prevention of violent offences on the example of the use of firearms by police officers in the situation of necessary defence. With the use of axiological, logical-legal methods and content analysis the author’s variant of comprehensive approach to improving the mechanism of counteraction to violent offences through criminal-legal measures is given. This author’s alternative is brought for discussion by specialists of criminal-legal profile.

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.

Mental Health Among Incarcerated Male Youth With Violent and Sexual Offense Convictions by Race and Offense Type.

Incarcerated adolescents are at increased risk for negative mental health outcomes. Race and offense type can differentially influence legal outcomes as well as mental health symptom presentation. Our study examined whether adolescent mental health problems differed for 1,303 male youth at a Southeastern U.S.-based juvenile prison depending on the adolescent's race and offense type (specifically offenses involving physical or sexual violence). Results indicated significantly different patterns of mental health symptoms and psychopathic traits between Black and White male youth and between male youth with adjudicated violent and sexual offenses. Study findings have important implications for policies and practices centered around rehabilitative practices in juvenile prisons.

Psychopathy traits explain variance shared between features of substance use disorders and violence.

There is a substantial research literature on identifying risk and protective factors for violence perpetration. Substance use disorders have long been identified as constituting a significant predictor of violent behaviour. Psychopathy traits have also been similarly recognised, but inter-relationships between psychopathy traits, features of substance use disorders and violence have been little explored. To determine the degree to which shared variance between substance dependence symptoms and violence, as indicated by criminal charges for violent offences, among jailed men can be explained by psychopathy traits. Features of dependence on substances in three drug classes (alcohol, cannabis and cocaine) were assessed in a sample of 682 men in a county jail awaiting trial on criminal charges, many for violent offences. Statistical comparisons of zero-order and partial correlations tested whether accounting for psychopathy total and facet scores, assessed by the Psychopathy Checklist-Revised (PCL-R), affected associations between substance dependence symptoms and violent charges. Total PCL-R scores accounted for a significant proportion of the shared variance between the history of criminal charges for violence offences and lifetime substance dependence symptoms in all three drug classes. At the facet level, controlling for ratings on the interpersonal and modified antisocial facets reduced the association between criminal charges for violent offences and symptoms of cocaine dependence; controlling for ratings on a modified antisocial facetalso attenuated links between alcohol and cannabis dependence symptoms and history of charges for violent offences. These findings build on the sparse literature to date on the role of psychopathy traits on relationships between features of substance use disorders and violence. Given that the observed connection between substance dependence symptoms and charges for violent offences is partly accounted for by individual differences in psychopathy traits, it follows that effective treatment for those traits may be useful, perhaps essential to reducing links between features of some substance use disorders and violent offending.

Machiavellianism as a crucial Dark Tetrad trait for the prediction of life-course criminal behavior

The Dark Tetrad (Machiavellianism, psychopathy, narcissism, and sadism) is a taxonomy of personality dispositions toward immoral, antisocial, and antagonistic behavior; still, its predictive power in the domain of criminal behavior is rarely tested. In the present research, we analyzed the associations between the Dark Tetrad and several indicators of criminal behavior (onset of criminal behavior, juvenile correctional measures, problematic use of psychoactive substances [PUPS], penal recidivism, number of convictions, violent offences, and the risk of future recidivism) in a sample of Serbian prisoners (N = 471). While all dark traits were positively associated with criminal behavior indicators on a zero-order level (except violent offences), regression analyses identified Machiavellianism as the most prominent predictor. Psychopathy positively predicted PUPS, while narcissism had a negative contribution to PUPS and penal recidivism. Interactions with the participants’ sex showed that sadism represents a risk factor for females regarding early offences and PUPS, while Machiavellianism elevates the chance of repeated prison sentences for men. Finally, the structural model showed that juvenile offending mediates the association between Machiavellianism and general criminal recidivism. Findings showed the fruitfulness of assessing the Dark Tetrad traits in order to predict various aspects of criminal behavior.

An Integrated Test of Power-Control Theory by Delinquency Types: Assessing Additional Factors Predicting Adolescents’ Risk-taking Preferences

Prior tests of power-control theory (“PCT”) have primarily utilized the U.S. or Canadian samples, lacked integration with other theoretical frameworks, and overlooked diverse offense types. This study aims to address these limitations by testing PCT while considering various criminogenic factors and assessing its relative significance across status, property, and violent offenses using an international sample. Structural equation modeling analysis reveals support for PCT’s core assumption that the gender effect on offending, wherein boys are more likely to commit offenses than girls, is less pronounced in egalitarian families than patriarchal families, particularly in status and violent offenses, but not in property offenses. However, other PCT assumptions were partially supported or not supported. We discuss implications for policy, theory, and future research.

Features of certain types of violent criminal offenses under martial law

Combating violent crimes, including by means of criminal law, has always been, is and will be one of the most urgent areas of activity of criminal justice bodies and tasks of criminal policy of Ukraine as a whole. It is of particular importance to solve the urgent problems of criminal liability for the specified criminally punishable acts in the modern conditions of a full-scale war in Ukraine, when violent crimes are committed with particular cruelty, and many of them are committed by military personnel, including those of the aggressor state. The purpose of this study was a determination based on official statistical sources and other sources of criminological information of the main trends of some types criminal offenses in Ukraine under martial law. Violent crimes are a heterogeneous phenomenon that consists of crimes of various types. This study analyzed the quantitative indicators of the most widespread and socially dangerous violent crimes under martial law: criminal offenses against life and health, in particular intentional murder, violent crimes with the use of firearms, domestic violence, crimes against the foundations of national security, violent military crimes, criminal offenses against the peace and security of mankind, in particular violations of the laws and customs of war, crimes against sexual freedom and integrity. The article formulated the author’s definition of violent crimes as intentional, socially dangerous, criminally punishable acts, in the course of which the guilty person uses or threatens to use physical, mental, sexual or economic violence through action or inaction against the will of the victim. The analysis of quantitative and qualitative changes in the structure of violent crime under the conditions of martial law in Ukraine allows us to state that against the background of a decrease in the general level of crime in Ukraine, its dynamics are generally negative. This is caused precisely by military actions and martial law, which influenced a significant increase in military personnel, an increase in the number of weapons in the hands of the population (including illegal ones), violent crime by the occupiers, etc. One of the main directions of the criminal law policy in the conditions of martial law should be the development of an effective mechanism for combating violent crimes with the aim of stabilizing the dynamics of these crimes, and in the future, reducing their level. Also, statistical data on violent crimes committed on the territory of Ukraine (ideally - by region) for a certain period should be compiled into one information base. The proposed measure will facilitate the study of the dynamics of these crimes and contribute to countering these socially dangerous manifestations. Key words: violent crimes, criminal offense, martial law, war, physical and mental violence, sexual violence, crime dynamics, statistical data, public danger, human rights, public relations.

Modern challenges of criminal law counteraction to violent crimes committed by special subjects

In the modern conditions in which Ukrainian society found itself — a full-scale war, the introduction of martial law — the legislator and law enforcers of the norms of criminal law faced problems related to bringing to justice for criminal offenses, in particular, of a violent nature. Criminal liability for violent criminal offenses with a special subject and a special victim needs additional research. This applies to violent criminal offenses committed by and against military personnel (certain types of military criminal offences), military and civilian personnel of the occupying country. The purpose of this study was to identify modern problems of criminal responsibility for violent crimes under martial law and to make proposals for their solution through the lens of martial law. It was established that the criminal offenses of servicemen of the Armed Forces are covered by the provisions of Chapter XIX “Criminal offenses against the order of military service (military criminal offences)”, including if they are committed against the civilian population. The current legislation of Ukraine in this area needs some improvement. It is worth making changes in Art. 401 of the Criminal Code of Ukraine, noting that the commission of an insult to honor and dignity, a violent criminal offense against a serviceman, by a civilian who is not conscripted, qualifies under Art. Art. 4351 of the Criminal Code of Ukraine. It is proposed to include in Art. 433 of the Criminal Code of Ukraine a note in which to determine which criminal acts include violence against the population. The mechanism of criminal prosecution for violent crimes on the territory of Ukraine, including in the temporarily occupied territories, by military personnel and civilians of the occupying country also needs improvement: it is proposed to develop a special regulatory legal act that will contain clear instructions for prosecuting the specified subjects objects. Taking into account the relevance of the research topic, as well as the number of unresolved issues in this area, this article is aimed not only at solving certain issues in the area of responsibility of special subjects for violent criminal offenses, but also opens up a number of promising directions within this direction of criminal-legal countermeasures by individual types of violent offenses in the conditions of a special period, including martial law. Key words: violent criminal offenses, crimes, criminal liability, military serviceman, martial law, special subject, special victim, order of military service, military criminal offenses, violation of laws and customs of war, violence against the population, insult to honor and dignity.