Taking Law Seriously: Starting Points of the Hart/Devlin Debate*

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. * Thanks to Tony Connolly, Leighton McDonald and Niki Lacey for penetrating and suggestive comments on previous versions.     

Community psychology and injustice in the criminal justice system

In this short paper, we consider the partnership between psychology and the criminal justice system in Western societies and critically reflect on the notion of criminal justice as expressed in such a system. Focusing on how the criminal justice system operates in the UK, and in particular in Scotland, we consider the way the system criminalizes those who previously have been socially and economically disadvantaged. We ask whether community psychology has become negligent in the attention it brings to such a pernicious form of victim blaming and as such has shown insufficient critical engagement with systems that create social harm, and whether it is paying enough attention to the impact of a criminal justice system that is contributing to the creation of a more punitive, fractured and unjust society. Copyright © 2008 John Wiley & Sons, Ltd.     

Criminal attitudes to violence: Development and preliminary validation of a scale for male prisoners

Two studies report on the development and preliminary psychometric properties of a new scale measuring criminal attitudes to violence. In Study 1, the responses of a mixed sample of male prisoners were used to select 20 scale items from a larger pool. The final scale (the Criminal Attitudes to Violence Scale; CAVS) was designed so that it had a single‐factor structure and was uncorrelated with a measure of social desirability bias. It demonstrated high internal reliability, and a strong relationship to a self‐report measure of physical aggression. Significant differences were found in CAVS mean scores for various offence history comparisons, such as whether or not the offender was currently on sentence for a violent conviction. In the second study, most results from the first study were replicated with an independent sample of male prisoners. Further, compared to another scale measuring attitudes to aggression [the EXPAGG Instrumental subscale; Archer and Haigh, 1997b], the CAVS was a better predictor of general attitudes to crime. Mean CAVS scores were again significantly higher for current violent offenders than those on sentence for other types of offences. Lastly, the CAVS was moderately predictive of estimated risk of reconviction and re‐imprisonment. Overall these results suggest that this scale measures the construct of attitudes to criminal violence, which partially overlaps two other constructs: attitudes to aggression and attitudes to crime. Aggr. Behav. 30:484–503, 2004. © 2004 Wiley‐Liss, Inc.     

Predictors and outcomes of persistent or age‐limited registered criminal behavior: a 30‐year longitudinal study of a Swedish urban population

This study uses data from the longitudinal research program Individual Development and Adaptation, where an entire school‐grade cohort of children in a middle‐size Swedish city (n～1.300) has been followed from ages 10 to 43 and 48 for women and men, respectively. Our findings indicate that the patterns of offending across the life‐course differ between genders, where males seem to initiate their offending earlier than females. Further, there are very few women on a persistent offending‐trajectory. Focusing on precursors to as well as consequences of offending as indexed in official registers, our results indicate that individuals in the persistent offender group have the most pronounced adjustment problems in school‐ as well as in middle age. Individual characteristics and behaviors (e.g., aggression, hyperactivity, antisocial behavior) vary systematically between individuals with different developmental offending patterns. The combination of an unstable upbringing and own antisocial behavior seems to be especially predictive for criminality. For persistent offenders, the prevalence of alcohol and psychiatric problems at adult age is high for males and extremely high for females (nine out of ten and six out of ten for each of the two problem types for females). Further, the importance for adjustment of the two‐dimensional variation in the number of crimes committed during adolescence and adult age seems to have been surprisingly well captured by the “crude” division into the four offender groups that were used. Aggr. Behav. 35:164–178, 2009. © 2009 Wiley‐Liss, Inc.     

System influences on posthomicide beliefs and distress

Criminal justice system experiences in 150 family members of homicide victims were investigated. The study had two goals: (a) to document the experiences of homicide survivors in the criminal justice system, including case outcomes, criminal justice system activities, and satisfaction with system personnel; and (b) to determine if experiences with the police impacted posthomicide beliefs (cognitive assumptions about the world and one’s relationship to it) and psychological distress. The sample, which was identified through the Medical Examiner’s Office, was drawn from all criminal homicides from 1.5 to 5 years prior to selection. Results showed that family members of homicide victims were very dissatisfied with their experiences in the criminal justice system. Additionally, whereas objective system outcomes (e.g, arrest) did not directly affect posthomicide beliefs and distress, subjective system outcomes (e.g., police satisfaction) directly affected beliefs and indirectly affected distress. There was some support for both equity theory and a cognitive theory of change, the two theories that guided the model specification. This study was funded by a predoctoral National Research Service Award fellowship to Martie Thompson, from the Violence and Traumatic Stress Research Branch at the National Institute of Mental Health. We thank Paula Vardaman for her help with sample recruitment and data collection, Nancy Deore and Kelly Harlan for their help with data collection, and Ann Price for help with data entry. Additionally, we would like to thank Lieutenant Agan of the Atlanta Homicide Division, the staff at the Fulton County Medical Examiner’s Office, and the staff at the Victim Witness Assistance Program for making this study possible by providing access to their files. Finally, we thank Morton Bard for his feedback in quastionnaire development and study design.     

Narcissism and Empathy in Young Offenders and Non‐offenders

Understanding the individual factors that predispose persons to criminal behaviour is vital to reducing offending and rehabilitating those who have been sentenced to prison. This study examined the roles of narcissism (at both clinical and subclinical trait levels) and empathy, by comparing levels in young adult males currently serving a prison sentence to those with no history of criminal convictions. Prison participants had significantly higher levels of narcissism—in particular entitlement—than control participants, and this link was sequentially mediated by lower perspective‐taking and subsequently lack of empathic concern. Trait narcissism showed stronger effects than narcissistic personality disorder symptoms. Narcissistic young men's feelings of entitlement and ensuing lack of empathy for others may account for their greater likelihood of criminal behaviour. Copyright © 2013 John Wiley & Sons, Ltd.     

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.     

Who Ministers to Whom: Matthew 25:31–46 and Prison Ministry

This essay sees Matthew 25:31–46 as Jesus’ offer of both gift and challenge: disciples will simultaneously minister to and be ministered to by Jesus in jail and prison. Following a consideration of two different dominant ways of interpreting the passage in the literature—what are sometimes called the missionary and the social justice interpretations—and Luther's reading of the passage as falling under the Fifth Commandment, the essay invites the reader to engage the transformative consequences of  “seeing” Jesus imprisoned in the U.S. criminal “justice” system.     

Psychological Model of Military Aggressive Behavior: Findings From Population-Based Surveys

The U.S. military has expressed concern about the influence of deployment and combat exposure on the criminal behavior of personnel returning from Iraq and Afghanistan. This study examines the role of behavioral health risk and protective factors associated with combat exposure and criminal and aggressive behavior in active duty Army and Naval personnel. Data from this cross-sectional study are based on two large anonymous, population-based health-related behavior surveys. Findings show that the proportion of all active duty Army and Naval service personnel who reported encounters with law enforcement or committed one or more aggressive acts in the past year increased from 19.41% in 2005 to 22.58% in 2008. Substance use, especially illicit drug use, and mental health problems were significant correlates of criminal and aggressive behavior, as were younger age, male sex, high impulsivity, and work/family stress. Path modeling suggested that several variables, notably combat exposure and history of childhood abuse, appeared to manifest their influence on criminal or aggressive behavior through increases in substance use and mental health problems. The potential mediating influence of substance use and mental health on combat and other trauma experiences has significant implications for preventing criminal and aggressive behavior among U.S. active duty military personnel.