Making the Punishment Fit the Crime and the Criminal: Attributions of Dangerousness as a Mediator of Liability1

This research examines how individuals use information regarding characteristics of crimes (e. g., crime severity) and characteristics of the offender (e. g, prior criminal record) to form an impression of the criminal as dangerous to society, and to make liability judgments. Two studies presented college students and community members with crime scenarios and asked for ratings of crime severity, likelihood of recidivism, perceived dangerousness of the offender, and liability. Type of crime, severity. and likelihood of recidivism significantly predicted both liability and perceived dangerousness. Further more, in crimes against people only, the effects of severity and recidivism on liability were partially mediated by individuals' perceptions of the offender as criminally dangerous. The discussion examines the implications of these findings for attribution theory and sentencing in the criminal‐justice system.     

A comparison of self‐report of criminal involvement and official arrest records

Self‐reports of arrests and official arrest records were compared for 250 male and 80 female participants in the ongoing Hyperactivity Follow‐Up Study of Young Adults at University of California at Berkeley. For males, kappa coefficients indicated good statistical agreement between arrest records and self‐report measures for 7 of the 12 types of crimes. Statistical agreement, however, may not be the most meaningful yardstick to judge concordance. Additional analyses reveal that for almost all of the crimes examined, one third or more of those with an arrest record for the crime failed to reveal this information on the self‐report measure. Arrests for both some high‐frequency, less serious crimes and some low‐frequency, more serious crimes were not revealed in the subjects’ self‐reports. An examination of the unique information gained from self‐reports found that the subjects most often reported committing public disorder crimes for which they were not caught (over 30%) and were least likely to self‐report crimes against people (less than 10%). Furthermore, subjects with more convictions were more likely to accurately self‐report their criminal involvement. Since both self‐report and official records each contribute unique information and reflect different sources of error, it is proposed that a combination of both types of records is the most inclusive indicator of criminal activity in adulthood. Aggr. Behav. 27:44–54, 2001. © 2001 Wiley‐Liss, Inc.     

Attribution of responsibility and crime seriousness

In this study we observed the effects of type of damage, magnitude of damage, and apprehension or escape of the offender upon the perceived seriousness of the offense, perceived freedom and intent exercised by the offender, and perceived duration of the crime. Contrary to previous results, personal crimes were judged to be more serious than property crimes only when the offender escaped arrest. Results confirmed previous findings that an increase in the negative consequences of the crime led to higher ratings of criminal intent. Perceived duration and assessments of crime seriousness were positively related to attribution of responsibility.     

论中医药知识产权犯罪的刑、事控制

知识经济时代的来临要求世界各国加强对知识产权的法律保护。但由于我国现行刑法中有关知识产权犯罪的规定还存在着一定的纰漏,不利于对于侵犯中医药知识产权犯罪的刑事惩治。因此在理论上对我国中医药知识产权犯罪刑事控制的现状进行检讨与反思,并适时对知识产权犯罪的刑事立法进行完善是完全必要的。     

Effect of continuing care for people with cocaine dependence on criminal justice sentences

While continuing care for substance use treatment has been associated with reduced involvement in the criminal justice system, much of this research lacks random assignment to continuing care and so is limited by self‐selection bias. This study sought to determine the impact of adding telephone‐based continuing care to intensive outpatient programs on criminal justice outcomes for people with cocaine dependence. In three continuing care studies, spanning 1998–2008, participants were randomly assigned to an intensive outpatient program or an intensive outpatient program plus a telephone‐based continuing care intervention. Cocaine‐dependent participants from these three studies were included in the analyses, with outcomes derived from a dataset of jurisdiction‐wide criminal sentences from a state sentencing agency. Multiple logistic regression was employed to examine the odds of a criminal conviction occurring in the 4 years after enrollment in a continuing care study. The results showed that, controlling for a criminal sentence in the previous year, gender, age, and continuing care study, people with cocaine dependence randomized to an intensive outpatient program plus a telephone‐based continuing care intervention had 54% lower odds (p = 0.05, odds ratio = 0.46, 95% CI: 0.20–1.02) of a criminal sentence in the 4 years after enrollment in the continuing care study, compared with those randomized to an intensive outpatient program alone. We can conclude that adding telephone monitoring and counseling to intensive outpatient programs is associated with fewer criminal convictions over a 4‐year follow‐up period compared with intensive outpatient programs alone.     

Statistical modelling in the investigation of stranger rape

A sample of stranger rape offences (n = 271) registered in the Dutch Violence Crime Linkage Analysis System database in the Netherlands between 1997 and 2007 was studied with the objective of developing statistical models, which give an indication of the probability of basic offender characteristics. Observable crime characteristics concerning the modus operandi, interaction between the offender and the victim, violence, precautionary measures, and sexual behaviours were selected in the dataset. Offender characteristics were selected based on their usefulness for the police organisation in narrowing the scope of a criminal investigation. Spatial behaviour, criminal history, and living situation of the offender were selected. From the predictive models, four out of five achieved a correct rate of over 70%, and all models predicted better than the best guess method. The proposed models for distance and prior convictions for violence seem particularly promising. Both these models show an improvement of correctly predicted offender characteristics of more than 20 percentile points compared with that which could have been estimated based on the average in the total sample. The predictive value of the models needs to be tested further with ‘new offences’, which were not used to construct the model. In general, the current study supports the finding that crime characteristics can be used to get an indication of the probability of certain offender characteristics. Nevertheless, for an understanding of the relationship between the crime characteristics and offender characteristics, a further development of a theoretical framework is urgently necessary. Copyright © 2009 John Wiley & Sons, Ltd.     

An empirical typology of violent incidents reported by prison inmates with convictions for violence

Forty-four male prison inmates convicted for violent offences were interviewed, and details of current offence, previous convictions for violence, prison incidents, and violent situations outside of prison were obtained from each offender. Information on victim, circumstances, precipitating events, type of violence, emotions at the time, and the like, was derived for 246 violent incidents. Cluster analysis revealed eight clusters: “criminal” violence to familiar victims, peer violence within prison, domestic violence, peer violence in pubs, gang violence, violence to staff in prison, “criminal” violence to unknown victims with accomplices, and public violence against younger victims. Results were discussed in terms of treatment of violent offenders, with special emphasis on Social Skills Training.     

An examination of the assumptions of specialization, mental disorder, and dangerousness in sex offenders

Sex offenders have been singled out for differential treatment by the legal and mental health systems. This article attempts to inform law reform efforts and criminal justice mental health policy by examining the assumptions underlying differential legal and mental health treatment of sex offenders. These assumptions include the theories that sex offenders are mentally disordered and in need of treatment, specialists in sex crimes, and more dangerous than other criminal offenders. Empirical findings demonstrate that sex offenders are not specialists in sex crimes and are not mentally disordered. Examination of past research suggests that sex offenders are not at more risk than other criminal offenders to commit future sex crimes. Implications of research findings for selective prosecution of sex crime cases, mental health policy, sex offender legislation, and predictions of future dangerousness are discussed. Proposals for future research needs and law reform are presented.     

Parricides: Characteristics of offenders and victims,legal factors,and treatment issues

Parricides account for about 2% of all homicides. Perpetrators are typically White middle-class males without a history of prior criminal convictions. Most parricides involve single-victim, single-offender situations, with firearms more likely to be used against fathers than mothers. The popular literature as well as much of the professional literature have presented youths who killed a parent as prosocial individuals who feared for their lives. Adults who killed a parent have typically been presented as suffering from a severe mental disorder. These two scenarios describe many parricides. However, major mental disorders among youthful parricidal offenders, conduct disorder and antisocial personality disorder as well as other psychiatric comorbidities also occur in a significant proportion of parricides. Youthful and adult offenders experience different legal outcomes and receive mental health services in differing contexts. We review offender and victim characteristics, as well as legal and treatment issues, and outline needs for future research.     

Kinderpornografie

The quantity and distribution of child abuse material (“child pornography”) has substantially risen since the advent of the internet facilitated access. Due to the international character of the associated delinquency prosecution is confronted with several difficulties. In 2003 the European Union established a framework agreement to legally combat child pornography. The market for child abuse material is profitable, as production is comparably cheap. The number of convictions for relevant crimes varies but is generally still on a high level, even though reporting of relevant contents is decreasing. Providers and users might have switched to less controllable internet platforms. The physical and/or psychological sequelae for victims of child pornography are serious and ongoing. Studies show that compared to hands-on-offenders users of child exploitation material are generally younger, better educated and less often have a criminal record. Some of them (10–25?%) fulfill the diagnostic criteria of pedophilia. A child pornography offender’s risk of committing a hands-on-offence seems to be increasing with the diagnosis of pedophilia and antisocial personality traits. According to existing data, individuals whose only criminal record refers to illegal pornography seem to be at low risk for future offending with child abuse (0.2–6.6?%). Offenders who were already convicted for child abuse have a higher risk for re-offending when consuming (deviant) pornography. Several cognitive behavioral treatment manuals exist, however accurate diagnostic assessment and indication are required.     

Recurrent criminal behavior and executive dysfunction

OBJECTIVE: To experimentally test the hypothesis that people who repeatedly participate in forms of non-violent crime exhibit an executive deficit detected in tests of high ecological validity, having changes in prefrontal functioning as neurophysiologic basis. PARTICIPANTS AND METHODS: A batteiy to assess executive dysfunction was administered--the Behavioural Assessment of the Dysexecutive Syndrome (BADS)--to an experimental group of 30 inmates convicted of crimes against property (mean age = 39.3, SD = 9.98), and a control group of 30 (mean age = 32.7, SD = 11.8), all male. RESULTS: The group of recurrent inmates performed significantly worse than the control group in their global scores on the battery, as well as in the majority of subscales. CONCLUSION: Without removing from consideration the fact that sample size was not very large and, primarily, alerting ourselves to the dangerous hypothesis of a "frontal criminogenesis," the authors interpret criminal recurrence and resistance to penal measures in terms of the scarcity of control that individuals from the experimental group have over their behavior and its respective consequences.     

Age/Cohort Differences in Judgments About Criminal Transgressions

To examine possible age/cohort differences in social judgment processes, young and older adults were asked to evaluate criminal offenders described in case files that manipulated both race of offender and the extenuating circumstances preceding the crime. Direct mail was used to reach a wider sample; 218 young (M = 30.21 years) and 167 older (M = 68.57 years) adults provided usable responses. Older adults more strongly recommended parole and estimated less future crime than young adults. There were no age differences in attributions to the criminal's basic nature, but respondents from older age groups and earlier born cohorts more frequently attributed crimes to circumstances. Respondents' judgments of White and Black criminals were generally equitable. Findings suggest that older adults may attach greater importance to contextual factors in their judgments of criminals' actions and make more circumstantial attributions than young adults when there is sufficient context to offer a nondispositional account for behavior.     

An Examination of Individual Differences and Factor Structure on the LS/CMI: Does This Popular Risk Assessment Tool Measure Up?

The Level of Service/Case Management Index (LS/CMI) is the most commonly used case management tool among frontline criminal justice officials. However, the newest revision has been understudied. Literature suggests significant differences on Level of Service Inventory (LSI) and LSI–Revised subcomponents and total scores among various offender populations. Such differences, along with an overall lack of psychometric information, have significant implications for the use of this instrument. The current study examined the records of 200 consecutively supervised probationers for demographic information, criminal history, most recent crimes, mental health issues, substance use and abuse, and their LS/CMI scores for both offender group differences and factor structure.     

Kidnapping: a criminal profile of persons convicted 1979-2001

Kidnapping has been a neglected crime in criminological research. In fact, there has been a dramatic increase in the yearly numbers of police recorded kidnapping offences in England and Wales in the last 25 years, but this has not been matched by a similar increase in convictions. This study focuses on the official criminal histories of the 7042 males and 545 females who were convicted at least once for kidnapping between 1979 and 2001. Of these, 3.9% of the males and 2.6% of the females had convictions for kidnapping on more than one occasion.We examined two subgroups to ensure long observation periods for prior and subsequent convictions. Of those convicted of kidnapping in 2001, around one-half (51.1%) of the males and around one-third (36.6%) of the females had previous convictions. The previous convictions consist of a wide range of offences, with the most common being theft and violent offences. A 20-year follow-up of those convicted in 1979-81 showed that three in five males and one in three females are subsequently convicted on at least one more occasion for a standard-list offence.An examination of convictions for other offences brought to court at the same time as the kidnap offence enabled a typology of kidnaps to be proposed. Those kidnaps with co-convictions of an acquisitive nature declined over the period, whereas other types, including sexual and violent, showed rises. Changing shifts in the nature of kidnaps have important policy implications.     

Distribution and Correlates of Self-Reported Crimes of Trust

This study examines the distribution and correlates of a special class of property crimes, crimes of trust, using longitudinal and cross sectional self-report data from a national sample. We begin by defining crimes of trust and consider their conceptual relationship to “conventional” property crimes, which we here characterize as crimes of stealth, and to white collar crimes, which are defined in terms of the social status of the perpetrators. Crimes of trust are here defined as property crimes that typically involve deliberate contact with the victim or, where there is more than one victim, with at least one or more victims, in which there is typically more of a focus on concealing the fact that a crime has been committed than on concealing the identity of the perpetrator (as is the case in crimes of stealth), without regard to the socioeconomic status of the perpetrator (thus including but not limited to white collar crimes). The focus here is on crimes of trust committed by individuals (as opposed to corporate crime). We first examine their distribution by sociodemographic characteristics, then examine the correlation of crimes of trust with other types of illegal behavior, using data from the National Youth Survey Family Study, including (1) longitudinal self-report data from a nationally representative panel of individuals who were 11–18 years old in 1976–77 and who were followed through early middle age (ages 36–44) in 2002–2003, plus (2) cross-sectional data on these individuals plus their parents, spouses, and children age 11 and older in 2002–2003 (total age range 11–88). The results suggest that crimes of trust have a different age–crime curve from conventional crimes, and that they are not as strongly correlated with problem substance use, gender, and other socioeconomic indicators as conventional crimes.     

Distribution and Correlates of Self-Reported Crimes of Trust

This study examines the distribution and correlates of a special class of property crimes, crimes of trust, using longitudinal and cross sectional self-report data from a national sample. We begin by defining crimes of trust and consider their conceptual relationship to "conventional" property crimes, which we here characterize as crimes of stealth, and to white collar crimes, which are defined in terms of the social status of the perpetrators. Crimes of trust are here defined as property crimes that typically involve deliberate contact with the victim or, where there is more than one victim, with at least one or more victims, in which there is typically more of a focus on concealing the fact that a crime has been committed than on concealing the identity of the perpetrator (as is the case in crimes of stealth), without regard to the socioeconomic status of the perpetrator (thus including but not limited to white collar crimes). The focus here is on crimes of trust committed by individuals (as opposed to corporate crime). We first examine their distribution by sociodemographic characteristics, then examine the correlation of crimes of trust with other types of illegal behavior, using data from the National Youth Survey Family Study, including (1) longitudinal self-report data from a nationally representative panel of individuals who were 11-18 years old in 1976-77 and who were followed through early middle age (ages 36-44) in 2002-2003, plus (2) cross-sectional data on these individuals plus their parents, spouses, and children age 11 and older in 2002-2003 (total age range 11-88). The results suggest that crimes of trust have a different age-crime curve from conventional crimes, and that they are not as strongly correlated with problem substance use, gender, and other socioeconomic indicators as conventional crimes.     

Judged Person Dangerousness as Weighted Averaging 1

This article reports two experiments requiring subjective evaluative judgments of the potential dangerousness of hypothetical persons. The research operationally fits the paradigm for the study of personality impression formation, and seeks to illuminate the processes by which two offenses combine to evoke a net judgment of dangerousness. The theoretical framework and philosophy adopted is Anderson's information integration and functional measurement theory. In Study 1, all paired combinations of 10 distinctive crimes were each presented as having been committed by the same person on two separate occasions. Subjects judged overall offender dangerousness. In Study 2, judgments of dangerousness were made when the time purportedly elapsing between two crimes was systematically varied over several ranges of up to 41 years. Three key findings emerged. First, judgments of dangerousness result from an averaging process. This result yields paradoxical implications having considerable pragmatic significance. Second, judgments of dangerousness following two sequential criminal acts (one of high and one of low seriousness) are consistently higher when the high seriousness one is the second crime. Third, with certain qualifications discussed in the text, a serious earlier crime appears to elicit an approximately constant magnitude of judged present dangerousness no matter how long ago it was perpetrated. This result implies that subjects infer considerable permanence of criminal predilection to those who have committed a serious crime in the past.     

Offending Patterns,Control Balance,and Affective Rewards among Convicted Sex Offenders

We present results from a survey of 125 incarcerated sex offenders enrolled in a residential sex offender treatment program that reveal their offending behaviors, reasons for offending, and the affective states they say they experienced while committing their crimes. We supplement this survey information with qualitative data from audio-taped focus groups with these same offenders. Results provide a unique glimpse of the self-reported offending patterns of these offenders, as well as characteristics of their victims and the relationship of the offenders to their victims. Employing concepts from locus of control and control balance perspectives, we argue that many sex offenders, particularly high-volume and high-frequency offenders, are motivated to commit crimes due to an externalized locus of control (a control deficit), which reflects a perceived lack of control over events in their own lives. Their crimes can be viewed as a strategy or device that allows them to experience positive affect and sensations of power and control—even if only temporarily. Findings with regard to offending patterns, motivations, and affective rewards common to these offenders lend qualified support to control balance theory and the locus of control concept and help us understand what drives people to commit sex offenses.