Does the Premium Fit the Risk? The Role of Criminal Escalation in Case Processing

Legal and qualitative studies have highlighted that courtroom actors consider multiple aspects of criminal records. However, most quantitative studies on sentencing only included the number of prior convictions or arrests, with little attention to the seriousness trends of those priors. Taking stock from studies on criminal careers, we used group-based trajectory modeling (GBTM) to identify patterns of escalation and de-escalation among a defendant sample in New York State ( n = 56,017), and then examined the role of trajectory groups in four decision points: dismissal, charge reduction, incarceration, and incarceration length. We found that escalation, de-escalation, and a higher stable level of crime seriousness were associated with less favorable outcomes at multiple decision points.

Condemned to precarity? Criminalised youths, social enterprise and the sub-precariat

Purpose The paper aims to consider whether social enterprise, who are growing in number and seemingly a politically popular alternative to mainstream employment are a potential conduit for social change. Discussions relating to the value of (stable) employment in reducing and preventing (re)offending are not new. For many ex-offenders, a multitude of barriers stand between them and access to the labour market. As a potential conduit for social change, social enterprises are a growing and seemingly politically popular alternative to mainstream employment. Design/methodology/approach Focusing on the qualitative lived experiences of young people (aged between 16 and 18) with criminal convictions enrolled in one such enterprise, this paper examines the extent to which work-integrated social enterprise can assist in overcoming existing barriers to the labour market. Findings The paper highlights the value of social enterprise(s) in addressing the complex needs and precarities of criminalised youths, promoting social inclusion and assisting with progression into future employment. The paper also discusses the limitations of social enterprise(s) in overcoming external structural barriers to meaningful employment for those with an offending history and the implications for young people who aspire to more than precariat work. Originality/value Justice-orientated social enterprises are allowing young people with criminal records the opportunity to build social capita and access precarious work, previously unattainable for many. By focusing on the concept of “precarity”, this paper builds upon existing research on the collateral consequences of criminal convictions offering insights into the various challenges facing criminalised youths attempting to build a positive pro-social work identity within contemporary labour markets

Before and After Ban the Box: Who Complies with Anti-Discrimination Law?

Ban the Box (BTB) laws are an anti-discrimination policy intended to promote employment for persons with criminal records. However, research on law and organizations shows that firms often fail to comply with legal directives or engage in symbolic compliance that fails to alter day-to-day business practices. We consider whether BTB contributed to attitudinal or behavioral shifts among hiring managers and changes in job applications. We analyze a unique set of in-depth interviews (N = 30) and entry-level job applications (N = 305) collected from the same workplaces in 2008 and 2016, assessing the impact of state BTB legislation. We find: (1) that one in five organizations were noncompliant, with noncompliance twice as likely among employers who discriminated against applicants with criminal records pre-BTB and that widespread lack of knowledge and lack of enforcement of BTB appears to affect noncompliance; (2) organizations maintained considerable continuity in hiring practices and attitudes between 2008 and 2016, regardless of personnel changes and statewide implementation of BTB; and (3) post-BTB, strong warnings about criminal background checks at later stages of the hiring process emerged as an alternative source of gatekeeping. These findings contribute to the law and organizations literature by highlighting the importance of enforcement and limits of law for combating discrimination.

Between a Rock and a Hard Place: Navigating Institutional Barriers as a Graduate Student with a Criminal Record

Much of the research on college students with criminal records focuses on their undergraduate experiences in traditional higher education settings. In this study, attention is given to graduate students’ experiences. Specifically, I explore how graduate students are navigating through institutional barriers while possessing a criminal record. Through the use of a pre-questionnaire form, a semi-structured interview, and a concept mapping exercise, I was able to collect 10 students’ perspectives to show how they (1) chose to navigate through institutional barriers by proving themselves to others and (2) by choosing if and when to disclose their criminal records. Several implications for practice and research are offered so that graduate programs can use these suggestions to ensure that graduate students with criminal records have access to an equitable education.

Training and Employment for Correctional Populations

Education and employment are both moderate risk factors for recidivism. There is a well-documented relationship between low educational achievement and antisocial behaviors. Education programming in correctional facilities is crucial for improving the educational attainment of incarcerated and re-integrating populations. A brief discussion situates policy reform efforts against a backdrop of extensive research that has documented the interaction between employment and increased educational attainment as pivotal to reducing an individual’s propensity to recidivate. The policies then focus on three pillars that reduce employment barriers for returning citizens: workforce training, educational upgrading, and regulatory employment barriers. In the short-term, policymakers should study and address systemic remedial educational needs in tandem with increasing access to and occupational skills-based training that builds a skill base congruent with the current labor market for incarcerated students. In the mid-term, it is essential to match policy support with the intersecting barriers faced by returning citizens. As an example of federal policies that can help center the public workforce development system around the need to improve quality employment outcomes for returning citizens, the DOL’s dormant pilot Linking to Employment Activities Pre-Release (LEAP). Finally, policymakers should target other consequential screening barriers, such as the accuracy of criminal records that employers can check and have been shown to adversely affect employment prospects.

Particularities of Offenders Imprisoned for Domestic Violence from Social and Psychiatric Medical–Legal Perspectives

Background and Objectives: It is known that there may be an interconditionality between social status, personality disorders, and aggressive behavior. This study aimed to analyze the social and psychiatric diagnosis characteristics in subjects imprisoned for domestic violence acts compared to other types of aggressive behaviors. Materials and Methods: We performed a retrospective study using psychiatric medical–legal reports at the National Institute of Legal Medicine “Mina Minovici” Bucharest from 2016 to 2020. Results: We included 234 cases in our analysis, from which 132 (56%) were domestic violence offenders (DVO), and 102 (44%) were violence offenders imprisoned for other aggressions (OVO). Overall, DVOs were older than OVOs (43.0 +/− 14.7 vs. 36.1 +/− 16.6 years-old). In both study groups, most subjects were men, but the DVO group had more women than the OVO group: 23 cases (17%) and 3 cases (3%), respectively. In 14 cases (11%), previous criminal records were found from the DVO and 31 (30%) from the OVO group. Significantly fewer DVO were chronic psychoactive substance users: 83 (63%) in the DVO group versus 78 (86%) in the OVO group. Significantly more DVO had suicidal tendencies 26 (20%) compared to OVO 9 (9%). DVO subjects had significantly less often unsocialized conduct disorder or antisocial personality disorder compared to the OVO group. Conclusions: We found that DVO, compared to the OVO, were more numerous, older, less abusive, with a less frequent history of psychoactive substance abuse and addictions, and were less frequently indifferent to the committed acts.

Parental Incarceration and Children's Educational Attainment

This paper presents new evidence showing that parental incarceration increases children's education. I collect criminal records for 90,000 low-income parents who have been convicted of a crime in Colombia, and link the educational attainment of their children. I exploit exogenous variation resulting from the random assignment of judges, and extend the standard framework to incorporate both conviction and incarceration decisions. I show that the effect of incarceration for a given conviction threshold can be identified. My results indicate that parental incarceration increases educational attainment by 0.78 years for the children of convicted parents on the margin of incarceration.

Polska adaptacja kwestionariusza SSICR do pomiaru poczucia stygmatyzacji osadzonych

Niniejsze badania prezentują polską wersję kwestionariusza Poczucia Stygmatyzacji (Self-stigma of Individuals with Criminal Records – SSICR) do pomiaru poczucia stygmatyzacji osadzonych. Procedura adaptacyjna została przeprowadzona zgodnie ze standardami sprawdzania równoważności testów na grupie 186 osób w wieku od 19 do 84 lat (M = 36,4; SD = 11,7). Rzetelność oszacowano na podstawie wskaźników α Cronbacha, trafność czynnikowa została zweryfikowana na podstawie konfirmacyjnej analizy czynnikowej. Zbadano również trafność narzędzia. Otrzymane wyniki pozwalają twierdzić, że SSICR jest narzędziem o akceptowalnych właściwościach psychometrycznych.

The Influence of Family Structure and Adult Attachment Style on Theft Behaviors in Men: a Case-Control Study

Background: Theft has leaded to significant costs to commerce and legal system, but its psychological mechanisms and risk factors are barely explored. This study aims to investigate the influence of family structure and adult attachment style on theft behaviors in men. Methods: 257 men with a conviction for theft (theft group) and 405 male college students (control group) were interviewed with Experiences in Close Relationships Scale and a general questionnaire about socio-demographic information, family structure and criminal records. Results: Compared with control group, long-term residency, family economic situation, number of siblings, father’s presence before 5 years old, parents’ state of existence and parents’ marital status of theft group were significantly different (P<0.05). Living in urban area, from relatively poor family, not living with father before 5 years old and parents not divorced increased the likelihood of theft in men (P<0.05). While father not alive and having no siblings decreased the likelihood of theft in men (P<0.05). Then theft group was further divided into first offender group and recidivist group. First offender group had a significantly higher proportion of living with mother/father before 5 years old and father alive than recidivist group (P<0.05). Not living with mother before 5 years old and father not alive increased the possibility of multiple thefts, while preoccupied attachment decreased such possibility (P<0.05). Conclusions: This study suggested that risk factors for theft and multiple thefts were different. A variety of targeted strategies related to family structure and attachment styles are needed to prevent theft from occurring and reoccurring.

Experiences of the Hungarian criminal jurisdiction concerning the illicit trafficking of cultural properties

Purpose The special purpose of this research was to identify the current features of illicit trade of cultural properties in Hungary and the procedures dealing with it. These offences pose a significant risk of damage to cultural property and have a strong link with organised crime. This relationship underlines the need for a criminal law approach worldwide in the field of the protection of cultural goods. Design/methodology/approach To explore the current situation in Hungary, an empirical research was conducted in 2018 with questionnaires designed to obtain data from the criminal records. To examine the phenomenon of “illicit trafficking”, the following types of crimes against cultural goods were selected: theft, dealing in stolen goods, robbery, budget fraud and criminal offences with protected cultural goods. Findings As a summary, it has to be stated that even though the number of the criminal procedure of these crimes in Hungary is low, it cannot be concluded that illicit trafficking of cultural goods in Hungary occurs only rarely. A specific characteristic of the phenomenon is high latency. To examine this phenomenon, the author has drawn up a list of indicators. Practical implications The aim of this project is to provide background information and materials for training programs. It is necessary to develop a more comprehensive understanding of the problem. The role of the experts is outstanding in these cases; the clear definition of their tasks and competence is very important. Information to all “actors of this scene” (from the collector to the art dealers) can contribute to the prevention too. Originality/value This study presents the characteristics of the criminal procedures and the difficulties of both the detection and the evidentiary process to provide educational material for training. The author would like to raise awareness about the problem and draw attention to the need for unified legal practice.