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.

Effects of Paying Restitution

This chapter examines whether paying economic sanctions is related to recidivism. Because criminal offenders generally have few assets and limited income, paying financial obligations in addition to living expenses is likely to be difficult and may lead to criminal activity. Alternatively, paying economic sanctions could decrease crime because making payments voluntarily could lead to a sense of internalized responsibility. The chapter reviews the author’s correlational studies presented in earlier chapters indicating restitution payment is negatively related to committing a new crime, as well as research by others on adults and juveniles showing that paying restitution is associated with lower subsequent criminal behavior. It then presents a recidivism follow-up of the offenders who participated in the field experiment discussed in Chapter 5. Results indicated that payment was related to less criminal behavior, a conclusion in which researchers can have some confidence because participants had originally been assigned to condition at random.

The Effects of DNA Databases on the Deterrence and Detection of Offenders

This paper studies the effects of adding criminal offenders to a DNA database. Using a large expansion of Denmark’s DNA database, we find that DNA registration reduces recidivism within the following year by up to 42 percent. It also increases the probability that offenders are identified if they recidivate, which we use to estimate the elasticity of crime with respect to the detection probability and find that a 1 percent higher detection probability reduces crime by more than 2 percent. We also find that DNA registration increases the likelihood that offenders find employment, enroll in education, and live in a more stable family environment. (JEL J22, J24, K42)

The association study of polymorphic variants of hypothalamic-pituitary-adrenal system genes (AVPR1B, OXTR) and aggressive behavior manifestation: a focus on social environment

Background: Aggressive behavior (AB) represents an important social problem, which results in significant costs for the society. A significant role in developing aggression is suggested to be mediated by molecular mechanisms related to the functioning of oxytocin (OXTR) and arginine vasopressin receptor (AVPR1B) genes involved in the regulation of social behavior. On the other hand, a specificity of environmental factors affecting an individual at various stages of development may modulate the molecular processes, especially at gene expression level, thus affecting human’s ability to self-control and resulting in AB manifestation. The aim of the study: Considering a multifactorial nature of developing aggression, the present study is aimed to estimate both the genetic- and haplotype-based effects of the OXTR and AVPR1B genes and gene-by-environment interactions in developing AB. Materials and methods: The genotyping of the OXTR (rs2228485, rs53576) and AVPR1B (rs33911258) gene variants was conducted via PCR with fluorescent detection in 189 criminal offenders (7% women) from the Republic of Bashkortostan, who committed murders, and the control group (N=254, 12% women) corresponding to the group of criminal offenders by ethnicity and age. Statistical analysis was performed via logistic regression with correction for multiple comparisons (PLINK v.1.09). Results: As a result of statistical analysis the association of rs2228485 A-allele and AG haplotype (rs2228485 and rs53576) in the OXTR gene with an enhanced risk for developing AB was observed. In addition, we demonstrated a modulating effect of such environmental factors as the presence of severe somatic diseases, alcohol addiction, fa milial history of psychopathologies, income and education level. Moreover, the effect of rs33911258 G-allele in the AVPR1B gene on AB was observed. Conclusion: The data obtained evidence that the examined variants in the AVPR1B and OXTR genes in combination with specific environmental factors may affect neuronal systems functioning, thus resulting in the manifestation of antisocial behavior.

Nonconsensual neurocorrectives, bypassing, and free action

As neuroscience progresses, we will not only gain a better understanding of how our brains work, but also a better understanding of how to modify them, and as a result, our mental states. An important question we are faced with is whether the state could be justified in implementing such methods on criminal offenders, without their consent, for the purposes of rehabilitation and reduction of recidivism; a practice that is already legal in some jurisdictions. By focusing on a prominent type of view of free action, which I call bypassing views, this paper evaluates how such interventions may negatively impact the freedom of their subjects. The paper concludes that there will be a tension between the goals of rehabilitation and reduction of recidivism, on the one hand, and the negative impact such interventions may have on free action, on the other. Other things equal, the better that a particular intervention is at achieving the former, the more likely it is to result in the latter.

The profile of suspected criminal offenders referred for psychiatric evaluation on an outpatient basis at Ngwelezana Hospital

Background: Some suspected criminal offenders in South Africa are required to undergo forensic psychiatry assessments before or during the trial, which can be delayed as a result of the shortage of psychiatrists and inpatient forensic psychiatry beds. In KwaZulu-Natal (KZN) province, only one hospital (Fort Napier Hospital [FNH]) is designated for the 30-day inpatient forensic psychiatry assessments and there is a long waiting list for suspected criminal offenders awaiting assessment. There is a need to find ways of alleviating the backlog in the waiting list, with the use of outpatient forensic assessments being a possible adjunctive method.Aim: To determine the demographic, clinical and forensic profile of suspected criminal offenders referred for outpatient preliminary assessment to Ngwelezana Hospital, and identify the profile of those who most likely require referral to FNH for a 30-day inpatient assessment.Setting: The study was conducted at Ngwelezana Tertiary Hospital, in KZN, South Africa.Methods: We conducted a retrospective chart review of 207 suspected criminal offenders referred for outpatient forensic assessment from January 2009 to June 2015.Results: The majority of the participants were males (94.2%), with a diagnosis of substance use disorder (28.2%), intellectual disability (23.4%) or psychotic disorders (21.8%). Forty three per cent were charged with sexual crimes and 10.7% with murder. Fifty seven per cent were recommended for referral to FNH for a 30-day inpatient forensic assessment, whilst 43% were not recommended for referral. Those recommended for inpatient assessment were significantly more likely to have a lower level of education (p = 0.02), to be on a disability grant (p 0.01), and to have been diagnosed with intellectual disability (p 0.01), than those not recommended for referral.Conclusion: Identifying the characteristics of suspected criminal offenders who are most likely to be recommended for referral to FNH will potentially reduce the number of unnecessary referrals.

A note on psychological continuity theories of identity and neurointerventions

An important concern sometimes voiced in the neuroethical literature is that swift and radical changes to the parts of a person’s mental life essential for sustaining his/her numerical identity can result in the person ceasing to exist—in other words, that these changes may disrupt psychological continuity. Taking neurointerventions used for rehabilitative purposes as a point of departure, this short paper argues that the same radical alterations of criminal offenders’ psychological features which under certain conditions would result in a disruption of numerical identity (and, thus, the killing of the offender) can be achieved without these having any effect on numerical identity. Thus, someone interested in making radical alterations to offenders’ psychology can avoid the charge that this would kill the offenders, while still achieving a radical transformation of them. The paper suggests that this possibility makes the question of what kinds of qualitive alterations to offenders’ identity are morally permissible (more?) pressing, but then briefly highlights some challenges for arguments against making radical qualitative identity alterations to offenders.

THE IMPLEMENTATION OF THE RESPONSIBILITY OF CRIMINAL OFFENDERS WITHOUT LEGAL RIGHT TO DISTRIBUTE AND TTRANSMIT INFORMATION THAT HAS INSULTING CONTENT OR INSULTS (Study Number Decision : 867/Pid.Sus/2018/PN.Tjk.)

In this rapidly growing era, it covers all aspects of human life including the internet and social media. Freedom of expression can now not only be expressed through oral or written but also can be poured out or delivered through social media that is currently available. The development of information technology on the one hand will make it easier for humans to carry out their activities, on the other hand can cause various problems that require serious handling.The problem in this study is how the deliberate responsibility of criminal offenders without legal rights distributes and transmits information that has a content of insult or defamation and whether the causes of the perpetrator carry out criminal acts that have a content of insult or defamation based on decision number 867 / Pid. Sus / 2018 / PN.Tjk.The research method used by the author in compiling this thesis is a normative and empirical juridical approach, using secondary and primary data obtained from literature studies and field studies, and data analysis with qualitative analysis.The results of the study indicate that the criminal offender intentionally without legal rights distributes and transmits information that has a content of insult or defamation based on decision number 867 / Pid.Sus / 2018 / PN.Tjk is in accordance with Article 45A (3) Jo Article 27 paragraph (3) of the Law of the Republic of Indonesia Number 19 Year 2016 concerning amendments to Law Number 11 Year 2008 concerning Electronic Information and Transactions, imposes imprisonment for the defendant for 2 (two) years 6 (six) months and a fine of 500,000,000 IDR (five hundred million rupiahs) subside 6 (six) months and the causes of the offender carrying out criminal acts that have a content of insult or defamation based on the decision number 867 / Pid.Sus / 2018 / PN.Tjk is due to internal and external factors.The suggestion in this study is that with a lot of criminal acts of humiliation through internet media, it has been proven that the lack of public knowledge about the danger or the consequences of these actions. So when they are held accountable they are not able to account for their actions. For this reason, the government must intensify socialization so that people are wise in their activities in electronic media.

Readiness Potential Prevalence During A Deliberate Decision-making Task

This study investigated the hypothesis that neural markers associated with arbitrary decision-making are present in higher order, deliberate decisions. Furthermore, the study aimed to investigate the effect of higher order decision content on neurophysiological markers such as the readiness potential and the P300 potential. An experiment was designed to measure, evaluate, and compare these electroencephalographic potentials under both arbitrary and deliberate choice conditions. Participants were presented with legal cases and had to convict and acquit criminal offenders. Distinct readiness potentials and P300 potentials were observed for both arbitrary and deliberate decisions across all participants. These findings support the hypothesis that the readiness potential and the P300 potential are present in the neurophysiological data for higher order deliberate decisions. The study also showed initial findings of how the readiness potential may inherently relate to decision content. Increased readiness potential amplitudes were observed for participants with previous exposure to violent crime when they had to acquit or convict criminals accused of violent crimes.