Negligent Hiring and Criminal Rehabilitation: Employing Ex-Convicts, Yet Avoiding Liability

Abstract It is often said that the institutions of criminal justice ought or—perhaps more often—ought not to rehabilitate criminal offenders. But the term ‘criminal rehabilitation’ is often used without being explicitly defined, and in ways that are consistent with widely divergent conceptions. In this paper, we present a taxonomy that distinguishes, and explains the relationships between, different conceptions of criminal rehabilitation. Our taxonomy distinguishes conceptions of criminal rehabilitation on the basis of (i) the aims or ends of the putatively rehabilitative measure, and (ii) the means that may be used to achieve the intended end. We also explore some of the implications of each conception, some of the payoffs of a taxonomy of the kind we offer, and some areas for future work.

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THE GROWING REALITY OF NEGLIGENT HIRING CLAIMS: IMPLICATIONS FOR HOSPITALITY LAW

Hospitality Research Journal ◽

10.1177/109634809001400113 ◽

1990 ◽

Vol 14 (1) ◽

pp. 139-142

Author(s):

Michael M. Lefever ◽

JeAnna Lanza Abbott

Keyword(s):

Negligent Hiring

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Liability for negligent hiring The importance of background checks

Cornell Hotel and Restaurant Administration Quarterly ◽

10.1016/0010-8804(95)92254-k ◽

1995 ◽

Vol 36 (5) ◽

pp. 74-81

Author(s):

J Clay

Keyword(s):

Background Checks ◽

Negligent Hiring

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Spiritual Jewish Criminology: The Basic Premises and the Pyramid

International Journal of Offender Therapy and Comparative Criminology ◽

10.1177/0306624x20944693 ◽

2020 ◽

pp. 0306624X2094469 ◽

Cited By ~ 1

Author(s):

Yitzhak Ben Yair

Keyword(s):

Free Will ◽

Phenomenological Approach ◽

Criminal Career ◽

Spiritual Journey ◽

Hermeneutic Phenomenological ◽

Faith Based ◽

Crime Desistance ◽

Jewish Scriptures ◽

Pyramid Model ◽

Criminal Rehabilitation

Religion and spiritual traditions entail vast wisdom and knowledge which have proved their productivity in achieving criminal rehabilitation, crime desistance, and crime prevention. Unfortunately, the literature on their role is relatively scarce and was not, until recently, regarded as part of mainstream criminology. This study used a hermeneutic phenomenological approach in which 39 participants were interviewed and many of the religious scriptures selected at their recommendation were analyzed. The findings reveal three central and unique themes that deal with the purpose of creation, human nature, and the question of free will. Through these premises, this study suggests that Spiritual Jewish criminology, a faith-based theory stemming from Jewish scriptures, offers a universal paradigm that explains a person’s life as a spiritual journey, completed according to the Pyramid Model. The pyramid is built on two axes that describe a person’s desirable movement: the first ranges from egocentrism to altrocentrism, while the second ranges from materialism to the spiritual. The study’s discussion deals with the Pyramid Model’s ability to explain the causes of delinquency, the onset of a criminal career, and the way out of this criminal world through treatment and rehabilitation.

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