Closed-Loop Brain Devices in Offender Rehabilitation: Autonomy, Human Rights, and Accountability

The current debate on closed-loop brain devices (CBDs) mainly focuses on their use in a medical context; possible criminal justice applications have only received incidental scholarly attention. Unlike in medicine, in criminal justice, CBDs might be offered on behalf of the State and for the purpose of protecting security, rather than realizing healthcare aims. It would be possible to deploy CBDs in the rehabilitation of convicted offenders, similarly to the much-debated possibility of employing other brain interventions in this context. Although such use of CBDs could in principle be consensual, there are significant differences between the choice faced by a criminal offender offered a CBD in the context of criminal justice, and that faced by a patient offered a CBD in an ordinary healthcare context. Employment of CBDs in criminal justice thus raises ethical and legal intricacies not raised by healthcare applications. This paper examines some of these issues under three heads: autonomy, human rights, and accountability.

The Meaning of the Victim–Offender Overlap for Criminological Theory and Crime Prevention Policy

Criminological theory developed without an expectation of a victim–offender overlap. Among most crime theorists and policymakers, to solve crime it is necessary to solve the criminal offender. Modern choice theories took a different view by evolving from victim data, treating target vulnerability as essential to the criminal act and with full awareness of the overlap. Here, we discuss the emphasis on offenders in criminology as being inconsistent with the facts of the overlap. The evidence shows that the victim–offender overlap is consistently found, implying that offending and victimization arise for similar substantive reasons and that offenders act principally in response to targets. This conclusion has important implications. First, any theory of crime that cannot logically predict the overlap as a fact may be subject to falsification. Second, the choice perspective suggests a theory of precautionary behavior, which urges a policy agenda that encourages actions against crime by potential targets. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Using of the Terms «Person of a Criminal» and «Personality of a Criminal» in Criminology

The article is devoted to consideration of the terms «person of a criminal» and «personality of a criminal» used in criminology. It is noted that criminology is a science, mostly social, and therefore less dependent on the formation of its terminology from the terms used in the text of the law. Attention is drawn to the fact that the term «personality of a criminal» is a term based on criminology, which causes increased attention to it. It is argued that it is the unification of terminology, the provision of criminological terms of unambiguity and generality that will make criminological research effective, will protect researchers from logical errors. In this regard, it is proposed to consider the expediency of using the term «personality of a criminal» in criminology. The focus is on changes in the criminal legislation of Ukraine in 2020, according to which the content of the term «crime» has changed significantly. In this regard, the question is considered: whether it is possible to continue to speak about the «person/personality of a criminal», whether it will be more appropriate to use the term «person/personality of a criminal offender». On the basis of logical assumptions, the conclusion is made about the possibility of operating in criminological investigations in terms of «crime» and «person of a criminal». Attention is paid to the fact that in scientific publications of Ukrainian criminologists the term «person of a criminal» and the term «personality of a criminal» are used. It is concluded that such duality is the result of a false translation of the Russian term «identity of a perpetrator». It is noted that most authors who use the term «person of a criminal» consider a set of physiological characteristics of a person prone to criminal offenses of a certain kind, and therefore — we are talking, rather, about «personality», not «person». At the same time, it is emphasized that the term «person of a criminal» is common, and therefore this should not cause any discussions or problems with the correct understanding of its essence in criminological studies. In this regard, the conclusion is made about the possibility of using the formally incorrect term «person of a criminal» as synonymous with the term «personality of a criminal».

Implications of Legal Loophole concerning Liability over Delay in Restitution Payment by Criminal Offender

Crime is harmful to society, especially to the victims. Legal protection should be taken into account to help the victims recover from the loss suffered. The protection can be made through the payment of restitution by either the offender or the third party. Such an issue has been addressed in the existing law, especially the Witness and Victim Protection Act 2014 (Amendment) and the Government Regulation No. 7 of 2018 concerning Compensation, Restitution, and Aid for Witness and Victim. Unfortunately, they do not impose any sanction over the delay in restitution payment by the third party or the offender. This paper aims at discussing the implication of this legal loophole. This normative legal research employs a statutory approach. It is found that the legal loophole has exposed the victims to secondary victimization due to uncertainty and injustice.

Bayesian Crime Investigations: Integrating Actuarial And Expert Models

In response to concerns that some of the most methodologically rigorous predictive studies of criminal offender characteristics may yet be less generalizable and applicable than advertised or assumed, this research first tests how well seven regression analysis models (represented by 28 equations) predict characteristics across three conditions: familiar cases (used to create the regressions), less familiar cases (native to the sample used to create the regressions) and foreign cases (from a similar but novel sample). Here a linear trend shows overfitting of the models to their own sample: a drop-off in prediction accuracy relative to simple mean-based prediction as cases become more foreign (ηp 2 = .646). In response to hopes that subjective input from expert police investigators could be integrated into the models to correct for this overfitting bias, this research also tests an algorithm combining expert ratings with the regression equations. Here moderate and significant improvement in novel-case prediction is observed overall (p = .036, r = .44) and equations for all twelve expert participants are shown to improve prediction to varying degrees. These results suggest that current best methods would perform poorly in the field, but can be improved by expert insight.

Bayesian Crime Investigations: Integrating Actuarial And Expert Models

In response to concerns that some of the most methodologically rigorous predictive studies of criminal offender characteristics may yet be less generalizable and applicable than advertised or assumed, this research first tests how well seven regression analysis models (represented by 28 equations) predict characteristics across three conditions: familiar cases (used to create the regressions), less familiar cases (native to the sample used to create the regressions) and foreign cases (from a similar but novel sample). Here a linear trend shows overfitting of the models to their own sample: a drop-off in prediction accuracy relative to simple mean-based prediction as cases become more foreign (ηp 2 = .646). In response to hopes that subjective input from expert police investigators could be integrated into the models to correct for this overfitting bias, this research also tests an algorithm combining expert ratings with the regression equations. Here moderate and significant improvement in novel-case prediction is observed overall (p = .036, r = .44) and equations for all twelve expert participants are shown to improve prediction to varying degrees. These results suggest that current best methods would perform poorly in the field, but can be improved by expert insight.

PENALIZATION OF ILLEGAL INTERFERENCE IN THE OPERATION OF THE AUTOMATED COURT DOCUMENT SYSTEM IN UKRAINE

In the article the authors consider the institute of penalization in general and penalization of illegal interference in the work of the automated document management system of the court in Ukraine in particular. It is indicated that the study of sanctions of criminal law, and in particular Art. 376-1 of the Criminal Code of Ukraine, which provides for criminal liability for unlawful interference in the automated document management system of the court, allows us to conclude that the legislator does not always correctly correlate the public danger of an illegal act, its consequences for the state and society. According to the author, the concept of penalization is somewhat narrower than penalization. This can be explained by the fact that criminal law, despite all its humanity, is an instrument, first of all, punitive, and only then educational influence. In most cases, correction is achieved through punishment in its purest form. That is why the measures and means of alternative work with a criminal offender, which consists in release from punishment are very limited. Therefore, depenalization is a mirror image of penalization, in its narrower sense. The author's definition of penalization is offered, which should be understood as a component of criminal law policy, which is a set of mutually agreed principles, laid down in the content of punishment and implemented in the form of sanctions of the Special Part of criminal law. It is concluded that currently the types of penalties provided for illegal interference in the work of the automated document management system of the court are not fully effective and do not correspond to the level of public danger of the act. An important way of development for the legislator is to change the approach to the subjects of such an offense and to establish the features of its commission, all the necessary components of the subjective side of the criminal offense. Currently, one of the effective ways to solve this situation is to differentiate criminal liability depending on the type of subject (general or special).

INDIVIDUAL PREVENTIVE MEASURES TO PREVENT HOOLIGANISM

The article examines individual preventive measures to prevent hooliganism. Under the individual prevention of hooliganism, it was proposed to understand a complex of criminal and psychological measures and means aimed at the timely identification, prevention and correction of a person's personal qualities (value orientations, motives, etc.), which distort in her mind, prohibitions on violation of public order and morality are established and cause the desire to do hooligan actions with the aim of self-realization and demonstration of antisocial behavior. Most of the individual-prophylactic means of preventing hooliganism is to establish and correct personality traits that push it to demonstrate its aggression and insolence. The following stages of preventing hooliganism at the individual level are proposed: 1) identification of persons inclined to commit hooliganism (having certain dependencies, were brought to administrative / criminal liability for hooliganism, etc.); 2) establishing the features of the mechanism of criminal-illegal behavior (determination complex); 3) study of the personality of a criminal offender, his civic position and role in society (microsocial ties); 4) planning of measures taking into account the individual determination complex of the offender; 5) implementation of individual prophylactic means; 6) fixation of the achieved results and temporary control in order to timely prevent relapse. It is noted that the problem of preventing hooliganism is that it is often difficult to predict such actions, since sometimes even the offender himself cannot be responsible for his reactions to objective pathogens. It is believed that negative personality traits (their list are not exhaustive), both individually and in combination with others can form an unlawful aspiration of a person to commit a criminal offense. That is why the importance of timely identification of persons potentially capable of antisocial behavior is emphasized.

Pembinaan Anak yang Berkonflik dengan Hukum Dari Perspektif Restorative Justice (Studi Perbandingan Antara Indonesia dengan Malaysia)

The purposes of this study are 1) To find and analyze institutions authorized to deal with children in conflict with law in Indonesia and Malaysia, and 2) To find and analyze the process of fostering children in conflict with law in Indonesia and Malaysia. The main problems discussed in this study are 1) Guidance institutions that deal with children in conflict with the law in the future must consider respect for the dignity of children in the form of structural and infrastructure perspectives in coaching institutions in other words a child-friendly coaching institution. Furthermore, to provide protection and the needs of the rights of parents of child development institutions in conflict with the law, it is necessary to prepare the rights for parents or guardians of children who will meet and visit. In addition, from the aesthetic and architectural point of view of building institutions for children in conflict with the law must be child-friendly, so as not to be stigmatized such as prisons or correctional institutions generally for adults. 2) Guidance for children in conflict with the law at this time is only a duty and responsibility of the supervisor in the institution, criminal offender and the community alone, so that restorative justice is not achieved. In the future, the development of children in conflict with law in Indonesia needs to use a restorative justice approach. In each stage of its development, guidance for children in conflict with the law is not only oriented to rehabilitation and resocialization of perpetrators but also recovery of victims and people's lives.