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Article
Publication date: 1 February 2016

Carrie Trojan and Gabrielle Salfati

The purpose of this paper is to determine how offenses co-occur in the backgrounds of homicide offenders and if identified groups of offenses reflect an underlying theoretical…

Abstract

Purpose

The purpose of this paper is to determine how offenses co-occur in the backgrounds of homicide offenders and if identified groups of offenses reflect an underlying theoretical construct or theme; and to determine if offenders specialize in thematically similar offenses.

Design/methodology/approach

The previous convictions of 122 single-victim homicide offenders were examined using smallest space analysis to identify groups of co-occurring offenses across offenders’ criminal histories.

Findings

The results showed a thematic distinction between violent vs instrumental offenses and 84 percent of offenders specialized in offenses within a single dominant theme, suggesting that the framework can differentiate the majority of offenders’ criminal backgrounds. Possible sub-themes were identified that could suggest further demarcation of the themes and provide a more refined framework that may be of even greater utility in differentiating offenders.

Research limitations/implications

This study utilized data from a single American city that may affect generalizability of the findings. The exclusion of a timeline for prior offending precludes consideration of offending escalation.

Originality/value

The current study uses an alternative approach to conceptualize specialization according to how offenses co-occur in the backgrounds of homicide offenders. This approach is less restrictive than considering the offenses in isolation to one another and may be of greater utility in empirically derived offender profiling models. The thematic framework developed herein can act as a foundation for future studies.

Details

Journal of Criminal Psychology, vol. 6 no. 1
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 7 August 2009

Stefan D. Cassella

The purpose of this paper is to inform an international audience of the difficulties prosecutors in the USA have encountered in light of a decision of the US Supreme Court…

Abstract

Purpose

The purpose of this paper is to inform an international audience of the difficulties prosecutors in the USA have encountered in light of a decision of the US Supreme Court limiting the application of the federal anti‐money laundering statute to cases where a criminal enterprise generated profits.

Design/methodology/approach

The paper summarizes the law in the USA regarding money laundering prosecutions before the decision in the United States v. Santos, outlines the decision of the Supreme Court, and organizes the post‐Santos case law into categories setting forth the divergent views of what the decision means and how it is to be applied.

Findings

The case law in the USA regarding money laundering prosecutions is now quite unsettled. Courts have taken different views as to whether the government must now prove that the funds being laundered by or on behalf of a criminal represent the profits of the criminal enterprise as opposed to its gross receipts.

Research limitations/implications

The case law on this issue continues to develop at a rapid pace. It is necessary to cut off the research on this issue to complete the paper, but the reader should be aware that new cases are being issued in rapid order.

Practical implications

Prosecutors in the USA now face several obstacles in bringing money launderers to justice. Decisions in closed cases may be reopened as defendants argue that their convictions are obtained under an incorrect view of the law. Going forward, prosecutors are uncertain whether the government must prove that a criminal enterprise is profitable before they can obtain a conviction for money laundering.

Originality/value

Prior to Santos, it is assumed that it is an offense to launder the gross receipts of a crime or criminal scheme. Santos cases grave doubt on that assumption, holding that in at least some cases, the laundering offense will apply only where the financial transaction involves the net profits of an offense. This is an object lesson in the confusion that can result from inartful legislative drafting. It also provides a guide to the current state of the law and suggests how prosecutors in the USA are dealing with the problem pending any legislative correction.

Details

Journal of Money Laundering Control, vol. 12 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 April 2000

We conclude in Chapter One that an English criminal court is unlikely to have jurisdiction to try foreign public officials for grand corruption as their wrongful conduct would…

Abstract

We conclude in Chapter One that an English criminal court is unlikely to have jurisdiction to try foreign public officials for grand corruption as their wrongful conduct would have taken place overseas.

Details

Journal of Money Laundering Control, vol. 4 no. 2
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 16 March 2012

David Joubert

The idea that criminal behavior is a function of the offender's personality, also called the Homology hypothesis, has a long history in forensic psychology and criminology. This…

Abstract

Purpose

The idea that criminal behavior is a function of the offender's personality, also called the Homology hypothesis, has a long history in forensic psychology and criminology. This assumption, however, has been decried as lacking empirical support. In spite of much social concern relative to sexual offenses, there is virtually no research looking at the stability of offending pattern in sex offenders of adult women. This paper aims to fill some of the gaps.

Design/methodology/approach

Latent structure analyses were conducted on a secondary dataset including 145 serial rapists. A cross‐sectional, discrete time‐series design was used including a sequence of three offenses.

Findings

Moderate support was found for the three main assumptions underlying the Homology hypothesis. Offenses tended to share a relatively similar underlying structure, with the victimology and aggression components being more prominent than the sexual dimension. The three primary profiles identified, labeled “Passive”, “Stranger‐aggressive”, and “Antisocial”, were found to be about 50 percent stable across the sequence. Finally, the presence of significant dysfunction in the family of origin predicted membership in the “Antisocial” class, as well as increased the specificity and stability of this profile. The presence of early maladjustment was not related to any of the states.

Research limitations/implications

Based on the results, it is proposed that future research incorporates contextual‐environmental elements in order to increase the validity of the findings.

Originality/value

This study represents a unique attempt at documenting patterns of stability and variations across incidents of rape, using an institutional sample. Furthermore, it illustrates the use and potential benefits of latent structure models in criminological research.

Details

Journal of Criminal Psychology, vol. 2 no. 1
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 7 June 2019

Kristine M. Kuhn

The purpose of this paper is to explore variation in the responses of human resource practitioners and managers to criminal offenses.

Abstract

Purpose

The purpose of this paper is to explore variation in the responses of human resource practitioners and managers to criminal offenses.

Design/methodology/approach

This paper considers background checks as a personnel selection test. In the first study, 280 professionals with hiring experience indicate how various criminal offenses, described as having occurred either within the past year or several years ago, would affect their evaluation of an applicant for a call center position. In the second study, a separate sample of 109 practitioners evaluates criminal as well as non-criminal transgressions that might appear on a background report.

Findings

In Study 1, both the apparent seriousness of an offense and its recency influence modal responses. Even non-violent misdemeanors from several years ago, however, are judged as automatically disqualifying by some participants. Study 2 shows that a practitioner’s attitude toward criminal offenses is distinct from their attitude to related forms of stigma. Results from both studies find associations between demographic variables and general willingness to accept applicants with criminal records.

Originality/value

This work provides quantitative data on practitioner reactions to several specific criminal offenses for a specific job context. By considering differences among offenses and among gatekeepers, rather than among applicants, it identifies challenges to fair implementation of background checks during the hiring process.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 38 no. 5
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 25 October 2021

Kylie S. Reale, Eric Beauregard and Julien Chopin

Serial offenders have been described as more forensically aware, better able to control their victim, and ultimately, more adept at eluding detection. Despite these assertions…

Abstract

Purpose

Serial offenders have been described as more forensically aware, better able to control their victim, and ultimately, more adept at eluding detection. Despite these assertions, there is a lack of research examining differences in “criminal expertise” (i.e. offense-related skills and competencies) between serial and non-serial offenders. The purpose of the current study is to address this empirical research gap.

Design/methodology/approach

The current study uses binary logistic regression to examine a sample of 83 serial offenses and 322 offenses involving “novices” (i.e. offenders without a previous criminal history) to determine whether criminal expertise is a distinctive feature of the crime-commission process of serial offenders, compared to novices.

Findings

Binary logistic regression findings indicated that offenders who did not verbally reassure their victim, who brought a weapon to the offense and who selected a victim who was walking were more likely to be serial. Taken together, these behaviors do not suggest that serial offenders are “experts” at avoiding detection, but rather, indicate some general offense competencies and skills related to violent offending.

Originality/value

The current study offers the first direct application of the criminal expertise framework to serial sexual offending. The findings offer new insights for the treatment and management of offenders who possess offense-related competencies and skills, which can offer a complementary view to more deficit-based models.

Details

Journal of Criminal Psychology, vol. 11 no. 4
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 28 April 2020

Naomi Kunstler and Jack Tsai

This paper aims to understand landlords’ attitudes toward applicants with histories of sex offenses and landlords’ willingness to broaden eligibility criteria for tenancy.

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Abstract

Purpose

This paper aims to understand landlords’ attitudes toward applicants with histories of sex offenses and landlords’ willingness to broaden eligibility criteria for tenancy.

Design/methodology/approach

A convenience sample of 50 landlords in Connecticut were interviewed. The content of interviews was analyzed to examine how often a landlord would be open to renting to individuals on the sex offender registry and what conditions affect their decisions.

Findings

In total, 44% of landlords would not rent to adults with histories of sex offenses under any circumstance, but 8% of landlords reported they would rent to such individuals and an additional 36% of landlords were open to it with a high threshold for other indicators of good tenancy such as stable housing history, good credit and timely rental payments.

Practical implications

These findings not only illustrate the real-world challenges in finding housing for adults with histories of sex offenses but also highlight opportunities in working with landlords.

Originality/value

There has been little examination of housing adults with sex offenders from the perspective of landlords, which is important to understand to address this difficult and sensitive issue.

Details

Housing, Care and Support, vol. 23 no. 1
Type: Research Article
ISSN: 1460-8790

Keywords

Article
Publication date: 3 April 2020

Chengjing You

This paper aims to convict the offender of real concurrence offenses of the most severe offense and applying the most severe penalty will result in no distinction between the…

Abstract

Purpose

This paper aims to convict the offender of real concurrence offenses of the most severe offense and applying the most severe penalty will result in no distinction between the perpetrator who conducted more than one act and the one who conducted only one act. This approach deviates from the purpose of criminal law. The real concurrence of offenses means several offenses, the perpetrator’s dangerousness and culpability are much higher than the perpetrator who commits just one crime, so combined punishments for several offenses should be applied to the real concurrence of offenses.

Design/methodology/approach

If the depositors are acquaintances or relatives and friends, the relationship can be explained by “personality trust.” If the depositors are strangers, but they have complied with their duties of care, the deposit relationship can be explained by “system trust.”

Findings

The real concurrence of offenses means several offenses, the perpetrator’s dangerousness and culpability are much higher than the perpetrator who commits just one crime, so combined punishments for several offenses should be applied to the real concurrence of offenses.

Originality/value

The principle of choosing the most severe punishment applied to the real concurrence of offense should be abolished. As the perpetrator separately conducts two acts at different times, these acts infringe on different legal interests. Although these acts exist closely, the authors cannot deny that these acts constitute more than one offense.

Article
Publication date: 1 June 2011

Michelle Newberry and John Birtchnell

This study explores whether particular forms of negative (i.e. antisocial) relating, as measured by the eight scales of the shorter Person’s Relating to Others Questionnaire…

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Abstract

This study explores whether particular forms of negative (i.e. antisocial) relating, as measured by the eight scales of the shorter Person’s Relating to Others Questionnaire (PROQ3), were associated with specific types of offend‐ing behaviour. The participants were 923 male offenders at a therapeutic community prison who had completed the PROQ3 on admission. The PROQ3 scores of eight offense groups identified on the basis of an offender’s index offense were compared using a one‐way analysis of variance (ANOVA). In addition, because most prisoners had committed a range of offenses, the PROQ3 scores of ‘pure’ offenders (who had committed only one type of offense) were also com‐pared. Neutral distance (e.g. suspicion, self‐reliance) and lower closeness (e.g. fear of rejection and disapproval) were the PROQ3 scales most significantly associated with criminality in general and dishonest offenders demonstrated the broadest range of negative relating. Implications of findings for therapy are discussed.

Details

Journal of Criminal Psychology, vol. 1 no. 1
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 1 April 2021

Lewis Chezan Bande

The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition…

Abstract

Purpose

The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition meets international standards and best practices on legal definition of money laundering, particularly as contained in the United Nations Convention against Transnational Organized Crime (UNCATOC).

Design/methodology/approach

The paper is a doctrinal analysis of the legal definition of the offence of money laundering under Malawian law. It examines the constituent elements of the offence based on the traditional conception of a criminal offence as constituting the prohibited conduct (or actus reus) and the mental element (or mens rea). The paper comparatively evaluates the offence vis-à-vis international standards and best practices, particularly as contained in the UNCATOC.

Findings

The paper concludes that the definition is compliant with international standards and best practices.

Research limitations/implications

The paper is based on the statutory definition of the offence, but was unable to examine how the offence is interpreted and applied in concrete cases by Malawian courts. The reason is the lack of any case law through which courts have interpreted and applied the offence.

Practical implications

The paper provides the template for future interpretation and application of the offence by courts in the future.

Social implications

Enhancing the clarity and certainty in the law on money laundering in Malawi.

Originality/value

The paper is an elucidation of a statutory provision that was recently adopted in Malawi and for which there is no authoritative clarification. The paper, therefore, makes an invaluable contribution to the fight against money laundering in Malawi by being a guide to law enforcers, lawyers, courts and policy/legislative makers.

Details

Journal of Money Laundering Control, vol. 24 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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