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1 |
The price of expungements
قیمت تمدیدها-2020 Expungement mechanisms allow first-time offenders to seal their criminal record. Theory predicts that
the stigma of a criminal record can hinder the reintegration of criminals for whom legal activities are
less lucrative. In theory, expungements priced at the reservation level can facilitate the reintegration of
criminals without making first-time crime more attractive. This paper considers a behavioral perspective
and offers experimental evidence about the impact of expungements priced at different levels. To do this,
we set up a laboratory experiment where subjects repeatedly face opportunities to commit crime (take
money from another subject). In addition to stochastic formal sanctions – imposed by the experimenter
– we introduce endogenously determined social sanctions. In our main treatments of interest, subjects
who choose the wrongful action have the opportunity to expunge their record prior to the second stage,
thus avoiding social sanctions as long as they do not recidivate. Overall, our experiment shows that, from
a general deterrence perspective, it is better to implement expungements at very high prices. We offer
an explanation for this result based on the idea that the price of expungements may signal the moral
reprehensibility of the offense.
Keywords: Expungement | Specific deterrence | General deterrence | Recidivism | Social sanctions | Legal norms |
مقاله انگلیسی |
2 |
Psychiatric dangerousness and reduced criminal liability : On the sentencing to life imprisonment of a schizophrenic who committed a sadistic sexual homicide
خطر روانی و کاهش مسئولیت کیفری: در مورد مجازات حبس ابد یک اسکیزوفرنی که مرتکب یک قتل جنسی سادیستی شده است-2020 The second paragraph of article 122-1 of the French Criminal Code provides for a reduced penalty in
criminal matters (Court of Assizes) when the offender is suffering at the time the act is committed from a
mental disorder that reduces his liability. This legal provision is not always respected, as shown by the
sentencing to life imprisonment of a chronic psychotic patient who committed a sexual homicide
(sadistic rape). The Court of Assizes found that the great dangerousness of this schizophrenic, with a
multiple criminal record and who had refused his treatment, justified his conviction, while the
psychiatric expertise concluded that he should benefit from a reduction on his criminal liability. The
sentence was passed without the level of severity of his mental state having been verified by a new
expert. The author therefore questions the ‘‘ethical’’ nature of this court decision which, albeit legal, is
contrary to the spirit of the law. There was no appeal against the sentence. Keywords: Assize court | Criminal liability | Criminal sanction | Dangerousness | Euthymic period | Psychiatric expertise | Sadistic murder | Schizophrenia | Sexual homicide |
مقاله انگلیسی |
3 |
A descriptive analysis of sentencing decisions by the Canadian criminal justice system of people with intellectual disabilities convicted with sexual offences
تجزیه و تحلیل توصیفی از تصمیمات مجازات توسط سیستم عدالت کیفری کانادا برای افراد دارای ناتوانی ذهنی محکوم به جرایم جنسی-2020 This study reviews sentencing decisions of people diagnosed with intellectual disabilities who have been convicted of sexual offences by judges in Canada. Given the prevalence of people with intellectual disabilities managed within the criminal justice system (CJS), courts have increasingly been faced with issues concerning appropriate sentencing. In addition, many people with intellectual disabilities have complex social and medical backgrounds that require multidisciplinary perspectives to account for each person’s legal and moral culpability, which in turn influences sentencing decisions, including placement in prisons versus rehabilitation programs. The legal databases Canlii and LexisNexis Quicklaw were used to search full text judgements from Canadian courts for adults (over the age of 18) diagnosed with an intellectual disability and charged with a sexual offence. In total, 61 cases were included within the full-text review. These cases were analyzed based on the accuseds demographics, past social history, past medical history, current diagnoses, past criminal record, current charges, mitigating/aggravating factors, use of a Gladue report, sentence, and other pertinent information that contrib- uted to the final judgement. Recommendations on how to increase the effectiveness of the CJS in trying and sentencing people with intellectual disabilities are made based on the findings of this study. Keywords: Psychiatry | Law | Intellectual Disability | Fetal alcohol spectrum disorder | Sexual offences | riminal justice system | Sentencing |
مقاله انگلیسی |
4 |
Assessment of suicide probability and related factors in male incarcerated adolescents; a sample of reformatory center in Turkey
ارزیابی احتمال خودکشی و عوامل مرتبط با آن در نوجوانان پسر زندانی: نمونه ای از مرکز اصلاحات در ترکیه-2020 Objective: Suicidal behavior in adolescents is an important public health problem, and it ranks first among the
causes of prison deaths in incarcerated adolescents(IAs). The aim of this study is to determine the probability of
suicide and associated risk factors in IAs.
Method: Seventy-one male adolescents in a reformatory center were contrasted with a matched group of 71 male adolescent with no psychiatric disorder and no criminal record. Suicidal probability and psychiatric symptomatology were assessed with the Suicide Probability Scale, SA-45 Questionnaire, respectively. Results: It was determined that the probability of suicide was higher in IAs, and depression and hostility symptoms, the presence of another individual involved in delinquency in family had predictive effects. It was also found that there was a positive correlation between the probability of suicide and the number of delinquencies, the number of incarceration, and a negative correlation between attending to school or work while in reformatory and being visited by relatives while in reformatory. Conclusions: The results suggest that when assessing suicide risk for IAS, it may be useful to pay attention to those with symptoms of depression or hostility, those with multiple delinquencies or entrance to reformatory, and those who have family members involved in delinquency. Keywords: Suicidal behaviors | Risk factors | Incarcerated | Juvenile detention | Adolescents |
مقاله انگلیسی |
5 |
Three groups of suspects in police reported rape cases: First-time suspects, recidivists and unidentified suspects. A comparative study
سه گروه از مظنونین در پلیس موارد تجاوز جنسی را گزارش کردند: مظنونان برای اولین بار ، تکرار کننده های جرم و مظنونان ناشناس. یک مطالعه تطبیقی-2020 Background: Previous studies show that reported suspects in adult rape cases often have a criminal record, and that many are rape recidivists. Annual numbers of police reported rapes have dramatically increased but the proportion of rapes being prosecuted and numbers of convictions are low. To increase knowledge about the suspects in cases of police reported rapes; whether they have committed the crime before or not may inform preventive measures.
Aims: To compare suspect, victim, and assault related characteristics among different groups of police-reported rape suspects (first-time suspects, recidivist suspects and unidentified suspects).
Methods: Retrospective, descriptive study of suspects in cases of rape or attempted rape reported by women ≥16 years of age in the Sør-Trøndelag police district, Norway, from 2003 to 2010.
Results: Among the 356 suspects included, 207 (58%) were first-time suspects, 75 (21%) were recidivists and 74 (21%) were unidentified. Being a first-time suspect was significantly associated with victim being <18 years, recidivist suspect was significantly associated with victim being a partner, both suspect- and victim unemployment, and suspect reporting intake of other drugs than alcohol. When suspects were unidentified, victims were more likely to have consumed alcohol prior to assault, and reporting the suspect being of non-Western origin. Also, the reporting of a public venue was more frequent when unidentified suspect.
Conclusions: The study shows different patterns in groups of suspects as to victim and assault characteristics. Detection and description of such differences can
provide valuable information for future prevention programs, police investigation methods and health care guidelines. |
مقاله انگلیسی |
6 |
Differences in attachment dimensions and reflective functioning between traumatized juvenile offenders and maltreated nondelinquent adolescents from care services
تفاوت در ابعاد دلبستگی و عملکرد بازتاب بین مجرمین نوجوان آسیب دیده و نوجوان رفتار غیر متعارف از خدمات مراقبت-2020 Background: Adverse childhood experiences, especially maltreatment, are regarded as significant
risk factors for the development of antisocial behavior in adolescence. However, possible correlates
are still to be investigated after considering the history of criminal records and the experience
of institutionalization.
Objective: In this study, differences in attachment anxiety and avoidance, and reflective functioning
(RF) between traumatized incarcerated juvenile offenders and non-delinquent adolescents
institutionalized in child services because of domestic violence were examined.
Participants, setting and method: Forty-two juvenile offenders (Nfemale=19) and 43 inmates of
institutions for adolescents without parental care (Nfemale=20) with the history of trauma filled
in the childhood trauma and attachment dimensions questionnaires, and were scored on the
Reflective Functioning Scale. Groups were matched on age and education.
Results: Results indicate that both groups reported equally high levels of attachment anxiety and
avoidance. Male juvenile offenders had lower scores on reflective functioning than both female
convicted minors (B=1.06; Odds Ratio=2.88; Nagelkerkes R2=45) and non-delinquent
adolescents of both genders (B=−.65; Odds Ratio=.52; Nagelkerkes R2=42). In comparison
to non-convicted males, male offenders also had higher scores on the control scale of idealization
(B=.35; Odds Ratio=1.42; Nagelkerkes R2=42). No differences between females with and
without a history of crimes were found.
Conclusions: Results indicate a need for building RF in both traumatized samples, especially in
male delinquents, and encourage further research in females. Keywords: Juvenile offending | Trauma | Attachment | Reflective functioning | Gender |
مقاله انگلیسی |
7 |
Recidivism and predictors of recidivism among female high level persistent offenders after a special court order for persistent offenders in the Netherlands
تکرار جنایات و پیش بینی تکرار جرم در بین مجرمان ثابت زن در سطح بالا پس از حکم دادگاه ویژه برای مجرمان مداوم در هلند-2020 Previous research has shown that female persistent offenders have multiple psychiatric and psychosocial problems,
such as substance use disorders, other mental disorders, financial problems and housing problems. The
present study examined recidivism and predictors of recidivism in a sample of 74 Dutch female high level
persistent offenders who had been subjected to a special court order for persistent offenders, called ISD
[Inrichting Stelselmatige Daders]. The criminal records were studied to gain insight in the criminal charges
against women after release from the ISD. Results showed that 43% of the persistent female offenders had
registered justice contacts within one year after release, of which the majority concerned non-violent property
offences. However, the number of offences was found to be significantly reduced after their release. No offencerelated,
demographic, substance-related, psychiatric or personal history characteristics were found to be predictive
for general recidivism. Keywords: Females | Persistent offenders | Recidivism | Predictors |
مقاله انگلیسی |
8 |
Employment opportunities for ex-offenders A field experiment on how type of crime and applicants’ ethnic background affect employment opportunities for low-educated men in the Netherlands
فرصت های شغلی برای افراد متخلف سابق یک آزمایش میدانی در مورد نحوه تأثیر نوع جرم و پیشینه قومی متقاضیان بر فرصتهای شغلی برای مردان کم تحصیل در هلند-2020 Previous research shows mixed results for the effect of having a criminal record on applicants’ chances in the job
market. We argue that, to make sense of this mixed pattern of results and better understand the impact of having
a criminal record, research should examine under which conditions the effect of having a criminal record on job
seekers’ chances is smaller or larger. The current study uses an experimental design to examine the potential role
of different offense types and applicants’ ethnic background. Specifically, we ask how applicants’ chances of
success are influenced by prior convictions for a violent offense, a property offense or a sexual offense and by
their ethnic background. Data were collected using a field experiment in the Netherlands. Applications for 520
applicants were sent out in response to job vacancies published on the internet. The results provide little evidence
that a prior conviction or the type of offense affects applicants’ chances of success. By contrast, we find a
strong effect of applicants’ ethnic background. In fact, ethnic minority applicants without a criminal record are
found to be less likely to receive a positive reaction than majority applicants with a conviction for a violent
offense. Keywords: Field experiment | Employment | Labor market discrimination | Criminal record | Ethnic background |
مقاله انگلیسی |
9 |
Unsuccessful life style in middle-aged official and self-reported types of offenders
سبک زندگی ناموفق در مقام میانسال و انواع خود گزارش مجرمان-2019 Purpose: This research investigates how types of convicted offenders (C-types: life-course-persistent; adolescence-
limited; late-onset; non-offenders) compare with the corresponding types of self-reported offenders (SRtypes:
SR-LCP; SR-AL; SR-LO; SR-NO) in life adjustment.
Methods: In the Cambridge Study in Delinquent Development, 411 London males have been followed up from
age 8 to age 48 in face-to-face interviews, and from age 8 to 61 in criminal records. This article focuses on the
unsuccessful life style scale based on interviews at ages 32 and 48.
Results: Both convicted and self-reported offenders manifested a more unsuccessful life style in comparison with
C-NO and SR-NO. Physical fights, and high alcohol and drug abuse featured in the lives of C-LCP and C-AL at age
32, and in the lives of all C-type offenders at age 48. SR-LCP and SR-AL reported higher levels of alcohol and
drug use in comparison with SR-NO, while SR-LO reported a higher level of drug use.
Conclusions: Criminality is one aspect, and not the most important one, that impinges upon the quality of life.
Other dimensions contribute to altering life-adjustment. Addressing these issues might promote an improvement
in the quality of life in adult offenders, and foster criminal desistance. Keywords: Criminal careers | Official offenders | Self-reported offenders | Unsuccessful life style | Adult life adjustment |
مقاله انگلیسی |
10 |
Psychosocial determinants of road traffic offences in a sample of Spanish male prison inmates
عوامل روانی اجتماعی جرائم رانندگی در جاده ها در یک نمونه از زندانیان مرد اسپانیایی-2016 Objective: There is very little information available about the characteristics of drivers con- victed for traffic offences. The objective of this study was to perform a comparative analysis of the psychosocial characteristics of Spanish prison inmates convicted of road traffic offences (CRTOs), drivers serving a prison sentence for other types of offence (DCOOs), and drivers with no criminal record (DNCRs), in order to identify the psychosocial predic- tors associated with RTOs.
Methods: The study sample comprised 434 male participants divided into three groups: CRTO (n = 240); DCOO (n = 85); and DNCR (n = 105). Instruments included an interview on sociodemographic data, driving behaviour, and past offences, as well as a set of tests to evaluate personality traits (ZKPQ-50CC), driving-related aspects (MDSI-S and DAS), and alcohol dependence (AUDIT). Results: A logistic regression analysis showed the following to be reliable predictors of RTOs: low education level (p < .05); having been involved in several road traffic accidents (p < .001); having received several fines (p < .001); a high score on the MDSI-S Risky sub- scale (p < .05); a low score on the MDSI-S Careful subscale (p < .05); AUDIT scores > 8 (p < .05), and repeatedly driving whilst under the influence of alcohol (p < .05). Conclusions: The results obtained have significant practical implications for designing and implementing traffic offenders programmes.© 2015 Elsevier Ltd. All rights reserved. Keywords: Prison | Crime | Road safety | Road traffic accident | Personality traits |
مقاله انگلیسی |