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Article
Publication date: 7 June 2023

Esther Skelhorn, Alessandra Girardi and Sam Cooper-Evans

Some individuals with autism may engage in violent behaviour. Research into autism specific factors (ASFs) that may contribute to violence is limited. The purpose of this paper is…

Abstract

Purpose

Some individuals with autism may engage in violent behaviour. Research into autism specific factors (ASFs) that may contribute to violence is limited. The purpose of this paper is to explore the feasibility of use of an ASF framework which was developed to inform risk formulation and treatment needs.

Design/methodology/approach

Retrospective identification and evaluation of ASFs in offenders with autism (N = 13) at childhood, time of index offence and in current risk behaviours. The ASFs described in the framework were repetitive behaviours and circumscribed interests; poor social understanding and empathy; sensitivity to sensory stimulation; and disruption to rigid behavioural routines or difficulties coping with change.

Findings

There was evidence for all four ASFs being consistently present in childhood, contributing to violent behaviour at the index offence and current risk behaviours in at least one case. Poor social understanding and empathy was often present at both childhood and index offence in all cases. Of the seven cases with offence paralleling behaviour, five had at least one ASF present at each timepoint.

Practical implications

This proof-of-concept study provides initial support that ASFs play a role in offending behaviour of individuals with autism. Clinicians working in specialist and generic forensic services, with an in-depth knowledge of autism, could use the ASF framework to enhance risk assessments and facilitate more targeted treatment planning for offenders with autism in specialist and general forensic services.

Originality/value

To the best of the authors’ knowledge, this study is the first to test the application of the ASF framework in an autistic offending population.

Details

Journal of Intellectual Disabilities and Offending Behaviour, vol. 14 no. 2/3
Type: Research Article
ISSN: 2050-8824

Keywords

Article
Publication date: 29 April 2024

Laura Khalil and Joao Da Silva Guerreiro

The purpose of this paper is to examine the current state of the literature on the variables associated with self-harm and aggression in women who committed a criminal offence.

Abstract

Purpose

The purpose of this paper is to examine the current state of the literature on the variables associated with self-harm and aggression in women who committed a criminal offence.

Design/methodology/approach

Studies were identified through online databases, namely, PsycINFO, PubMed, ERIC and EBSCOhost, as well as manual searches of reference lists of the selected studies. The target population included women who committed a criminal offence and have engaged in self-harm and aggressive behaviors during their incarceration, either in correctional institutions or in forensic psychiatric settings.

Findings

Of the 1,178 studies identified, nine met inclusion criteria. The studies were conducted in six different countries and included data from 6360 female participants. Few studies examine self-harm and aggression in women who committed a criminal offence which speaks to the still sparse literature on this topic. This review of the association between self-harm and aggression in women offenders highlights the finding that a small group of women is often involved in both self-harm and aggression. The authors have identified possible psychological factors associated with women engaging in both self-harm and aggression. The findings also reveal a possible connection between types of aggressive behaviors and specific time periods during sentences or stays in forensic psychiatry.

Practical implications

The findings of this scoping review have clinical implications which may be considered by both researchers and the case management teams of women involved in both self-harm and aggression.

Originality/value

Despite the limited number of studies examining self-harm and aggression in women, this scoping review highlights gaps in the literature as well as notable psychological correlates of women who engage in self-harm and aggression.

Details

The Journal of Forensic Practice, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2050-8794

Keywords

Article
Publication date: 19 October 2023

Monika Lewandowicz-Machnikowska, Tomasz Grzyb, Dariusz Dolinski and Wojciech Kulesza

The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on…

Abstract

Purpose

The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on the significance of the defendant’s sex.

Design/methodology/approach

The first experiment aimed to determine if non-lawyers’ judgments are affected by the defendant’s sex, using brief excerpts from indictments with the defendant’s sex interchanged. Study 2 aimed to verify if this effect applies to future lawyers, suggesting a peculiar approval granted by men to women displaying illegal sexual behaviour towards young men.

Findings

The findings showed that the sex of the offender only influenced judgments in sexual offences, with male participants being more lenient towards female offenders.

Originality/value

The originality/value of the paper lies in its examination of the influence of the defendant’s sex on judgments made by both judges and the general population, specifically focussing on non-lawyers’ judgments. While previous studies have shown that judges tend to be more lenient towards women in certain cases, this paper adds novelty by investigating whether a similar effect is observed among non-lawyers. Moreover, the research sheds light on the relevance of the defendant's sex in cases of sexual offences and identifies a gender-specific leniency towards female offenders, particularly among male participants. The study also explores how this effect might extend to future lawyers, providing insights into societal attitudes regarding illegal sexual behaviour involving women and young men. Overall, the paper contributes valuable information to the understanding of how sex-based biases can influence legal judgments and decision-making processes.

Details

Journal of Criminal Psychology, vol. 14 no. 2
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 6 June 2023

Dirk De Clercq, Muhammad Umer Azeem and Inam Ul Haq

This study aims to investigate the relationship between employees' exposure to supervisor incivility and their engagement in insubordinate behavior, by detailing a mediating role…

Abstract

Purpose

This study aims to investigate the relationship between employees' exposure to supervisor incivility and their engagement in insubordinate behavior, by detailing a mediating role of ruminations about interpersonal offenses and a moderating role of supervisor task conflict.

Design/methodology/approach

The research hypotheses were assessed with three rounds of data, obtained from employees and their peers, working for firms in various industries.

Findings

An important reason that employees' sense that their supervisor treats them disrespectfully escalates into defiance of supervisor authority is that the employees cannot stop thinking about how they have been wronged. The mediating role of such ruminations is particularly prominent when employees' viewpoints clash with those of their supervisor.

Practical implications

A critical danger exists for employees who are annoyed with a rude supervisor: They ponder their negative treatment, which prompts them to disobey, a response that likely diminishes the chances that supervisors might change their behaviors. This detrimental process is particularly salient when employee–supervisor interactions are marked by unpleasant task-related fights.

Originality/value

This study unpacks an unexplored link between supervisor incivility and supervisor-directed insubordination by explicating the pertinent roles of two critical factors (rumination and task conflict) in this link.

Open Access
Article
Publication date: 28 March 2023

Avitus Agbor Agbor

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed…

Abstract

Purpose

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment. Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent, incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This paper aims to explore the aspect of sentencing by the SCC.

Design/methodology/approach

To identify, highlight and discuss the issue of sentencing, the paper looks at a blend of primary and secondary materials: primary materials here include but not limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary materials shall include the works of scholars in the fields of criminal law, criminal justice and penal reform.

Findings

A few findings were made: first, the judges are inconsistent in the manner in which they determine the appropriate sentence. Second, in making that determination, the judges would have been oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are commensurate with the amounts of monies stolen.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The prosecution and judges at the SCC should deepen their knowledge of Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil servant. They must also consider whether the sentences imposed befit the crime for which they are convicted.

Originality/value

The paper is an original contribution with new insights on the manner in which sentencing should be approached by the SCC.

Article
Publication date: 11 April 2022

Emily M. Homer and George E. Higgins

The purpose of this study is to investigate the federal sentencing of organizational probation for environmental offenders using the focal concerns. Those organizations that are…

Abstract

Purpose

The purpose of this study is to investigate the federal sentencing of organizational probation for environmental offenders using the focal concerns. Those organizations that are more blameworthy should be sentenced to longer probation terms. However, little research has been conducted to examine whether probation is being sentenced accordingly. This is especially true for organizations convicted of environmental offenses, which are often thought of as deserving of increased penalties compared to non-environmental offenses.

Design/methodology/approach

This study used quantitative federal sentencing data from 2011 to 2020 (n = 1,436) and eight potential measures of blameworthiness grounded in the focal concerns.

Findings

The results showed that those organizations convicted of environmental crimes received 30% longer probation sentences than those not convicted of environmental crimes. However, additional measurements of blameworthiness derived from the existing literature of focal concerns were not relevant to probation sentencing decisions.

Originality/value

This study extends the application of the focal concerns and increases the body of knowledge regarding the sentencing of federal environmental offenders.

Details

Journal of Financial Crime, vol. 30 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 8 March 2022

Sarthak Sethi and Kevin Davis

The purpose of this paper is to consider the effect of the Prevention of Money Laundering Act (PMLA), 2002 on the property rights of third parties, by evaluating whether the…

Abstract

Purpose

The purpose of this paper is to consider the effect of the Prevention of Money Laundering Act (PMLA), 2002 on the property rights of third parties, by evaluating whether the interpretation of the scheme of the PMLA, 2002 results in a deprivation of rights, by virtue of the provision for the provisional attachment of property.[AQ3] In doing so, this paper attempts to consider two sub-categories of third parties that stand affected by §5 of the PMLA, 2002.

Design/methodology/approach

Primarily the authors analyse diverging judgements and case law across various high courts to evaluate the position of law with regards to attachment of property. To reach a precise legal conclusion, the authors consider the composite scheme of the PMLA, 2002 in their analysis.

Findings

It has been concluded that there is a clear lack of judicial cohesion in the interpretation of the PMLA, 2002, and in the absence of a judgement by the Supreme Court of India, enforcement authorities have failed to correctly identify the boundaries of the offence of money laundering, resulting in a dangerous deprivation of rights.

Originality/value

This paper fills a vacuum of detailed scholarship on anti-money laundering provisions in India, while also being contemporaneously relevant, as it considers the effects of the PMLA, 2002 on bona fide economic transactions and secured creditors.

Details

Journal of Money Laundering Control, vol. 26 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 3 May 2023

Bhavna Mahadew

The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is…

Abstract

Purpose

The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is therefore to provide a critical overview of the existing framework on CCL in Mauritius with the aim of underlining its deficiencies and lacunas. As a consequence, an attempt is made to compare the Mauritian model with the French one, so that salient features and characteristics of the French model of CCL can be borrowed into the Mauritian legal framework.

Design/methodology/approach

This paper adopts the black-letter approach and the comparative research methodology. The legislative framework of Mauritius on CCL will be compared to the related laws of France with the goal of drawing lessons and inspirations for Mauritius, given that the French model of CCL is well established and highly effective.

Findings

The mandatory application of the identification principle in CCL, inspired from the British common law, is a serious impediment towards successful criminal prosecution of companies responsible for criminal offences. In addition, the lack of clear legal provisions on substantive and procedural aspects of CCL is a matter of concern and demonstrates the dire need for legal amendments and action from the legislator as the paper discusses.

Originality/value

To the best of the author’s knowledge, this paper will be among the very first one tackling this area of law from a comparative perspective. The issue of CCL has indeed receive very little academic attention and this paper will help in filling the literature gap on this matter. It will also help future research on the matter for students, academics and corporate law practitioners.

Details

Journal of Financial Crime, vol. 31 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Open Access
Article
Publication date: 24 May 2023

Johan Nordgren and Fredrik Tiberg

Drug sales facilitated through digital communication on the surface web and on darknet cryptomarkets have increased during the past two decades. This has resulted in an increase…

Abstract

Purpose

Drug sales facilitated through digital communication on the surface web and on darknet cryptomarkets have increased during the past two decades. This has resulted in an increase in drug law enforcement efforts to combat these markets and a subsequent increase in judicial sentencing of people selling drugs online. The aim of this study was to analyze how Swedish courts describe sentenced sellers and how the courts apply case law.

Design/methodology/approach

The empirical material consists of 71 sentencing documents produced by Swedish courts in cases of online drug selling between January 1, 2010 and January 1, 2020. In total, 99 sentenced persons occur in the documents. Using a qualitative research design, the authors analyzed the material through thematic text analysis.

Findings

Overall, in their descriptions of online drug sale operations, the courts’ characterizations of the concepts of street capital and digital capital show a dichotomy. These forms of capital are situationally described as both aggravating and mitigating aspects in the application of case law, indicating that it may be fruitful to view both street and digital capital as resources used on contemporary drug markets in general.

Originality/value

Very little research exists into how judicial systems describe and perceive the developing phenomenon of online drug sales. Using a relatively large sample from a decade of sentencing, the authors provide an analysis of how Swedish courts view and valuate capital forms in the online drugs trade.

Details

Drugs, Habits and Social Policy, vol. 24 no. 3
Type: Research Article
ISSN: 2752-6739

Keywords

Article
Publication date: 20 June 2023

Mu-Chun Liao, Ting-Ya Hsieh and Wei-Hsiang Wang

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives…

Abstract

Purpose

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives of “modes” and “rules.” This study considers that in the core concept of negligent manslaughter in the Criminal Code of Taiwan, “business” comprises an outstretched legal element; thus, “application by analogy” or “customary laws” should be prohibited as a legal basis or when applying the criminal code because those are not allowed under nulla poena sine lege. Nulla poena sine lege must be respected to release construction professionals from material risks in their judicial rights and interests.

Design/methodology/approach

This study used data mining analysis with a database of 204 cases where construction professionals were involved in an accusation of gross negligence manslaughter (GNM) (N = 486) between 1995 and 2021 to explore the reasons and distribution of these cases in the construction industry in Taiwan.

Findings

The results showed that the main reasons behind lawful GNM accusations against construction professionals are as follows: (1) the violation of employers' duty of care to prevent hazards caused in workplaces where falling and collapsing are concerns during construction, thus resulting in death; (2) gross negligence during design, construction and supervision, causing damages after natural disasters such as earthquakes and typhoons.

Research limitations/implications

This study discusses the whole life circle of construction, starting from planning, design, construction and completion. However, the involvement of other offenses such as providing false statements, forgery, embezzlement, unjust enrichment and fraudulent tax evasion or criminal responsibilities stipulated in the Building Act or administrative punishments are beyond the scope of this study. Future studies will focus on foreign “business GNM” cases from judicial precedents with similar backgrounds to Taiwan in the construction industry to verify whether similar conclusions can be drawn and to examine their differences.

Practical implications

This study applied data mining and data analysis to the data and explored potential causality and patterns of GNM cases in judicial cases. The results of the analyses can be used as evidence for potential causality and thus facilitate construction professionals' self-reflection and contribute to the sustainable development of working environments for construction.

Social implications

This study agrees with the removal of GNM titled “business” in the Criminal Code of Taiwan to achieve Sustainable Development Goals (SDGs) in the building industry. By doing so, national judicial and management systems will be in line with international standards, ensuring that everyone has equal access to justice.

Originality/value

Goal 16 of the SDGs by the United Nations aims to promote judicial equality, peace, justice and strong institutions. With this basis, this study collected and analyzed data in the field of criminal law and applied the theory of criminal offenses committed by negligence to real construction-related cases. This study especially discusses whether construction professionals were imposed with excessive responsibilities when a court enforced the “duty of care” that asked the professionals to bear the responsibility of results for events that should be and could be foreseen.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

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