Criminal liability and the motivational background of socially unacceptable behaviour of youth

The article presents an analysis of the results of research carried out among minors residing in social rehabilitation centres and adolescents from upper secondary schools complying with the legal norms. The aim of the conducted research was to analyse the previous criminal record of the respondents and to analyse the existing diff erences in the type of the declared motivational background in undertaking behaviours that violate legal and social norms among the examined adolescents. A total of 133 minors from juvenile detention centres and 133 students from upper secondary schools were examined. The diagnostic survey method was used. The results of the analysis show that in the group of girls from juvenile detention centres, the motive of getting things (money) that they do not have and imitating their colleagues dominates relatively more often. In turn, among boys from rehabilitation centres, the most frequently indicated motive was repaying someone for the harm done and willing to teach someone a lesson. Among girls from upper secondary schools, the motive of imitating friends turned out to be the dominant motive for behaviour that violates social norms. No signifi cant motive was found among boys from this group.

Biometric personal data and their use in the investigation of criminal offences

The article is devoted to the analysis of biometric personal data, which is proposed to be considered as a source of information about a person and used during pre-trial investigation of criminal offences. The relevance of the research topic lies in the need to develop an optimal mechanism for using biometric personal data in the activities of pre-trial investigation bodies. The purpose of the research is to analyse the current international and national legislation on determining the place of biometric personal data in the criminal record system, implement their classification and provide recommendations for use by state bodies and individuals. To achieve this goal, the work used dialectical, historical-legal, formal-logical, dogmatic, structural-system and comparative-legal methods. It is proved that various types of biometric personal data accumulated in the criminal record system can be successfully used in the process of investigating criminal offences, and in some cases by individuals within the limits of their statutory powers. It was noted that along with the positive results of such activities, there are certain risks, namely, the presence of a threat of leakage and access to biometric data by unauthorized persons, as evidenced by the negative judicial practice of individual countries regarding unsatisfactory collection, processing, storage and use of biometric personal data. Taking into account the above, it is stated that the collection, processing and use of biometric personal data for the purpose of their use in the investigation of criminal offences must meet certain requirements, namely: the owner of the database of biometric personal data should only be the state represented by a special state body. Accordingly, the state should ensure the storage and protection of biometric personal data

Unobtrusive measures of prejudice: Estimating percentages of public beliefs and behaviours

This study was concerned with how accurate people are in their knowledge of population norms and statistics concerning such things as the economic, health and religious status of a nation and how those estimates are related to their own demography (e.g age, sex), ideology (political and religious beliefs) and intelligence. Just over 600 adults were asked to make 25 population estimates for Great Britain, including religious (church/mosque attendance) and economic (income, state benefits, car/house ownership) factors as well as estimates like the number of gay people, immigrants, smokers etc. They were reasonably accurate for things like car ownership, criminal record, vegetarianism and voting but seriously overestimated numbers related to minorities such as the prevalence of gay people, muslims and people not born in the UK. Conversely there was a significant underestimation of people receiving state benefits, having a criminal record or a private health insurance. Correlations between select variables and magnitude and absolute accuracy showed religiousness and IQ most significant correlates. Religious people were less, and intelligent people more, accurate in their estimates. A factor analysis of the estimates revealed five interpretable factors. Regressions were calculated onto these factors and showed how these individual differences accounted for as much as 14% of the variance. Implications and limitations are acknowledged.

Using The “Family Violence Flag” To Better Identify Harm Within Families

<p>This thesis looks at how the identification and recording of family violence offending in the criminal justice system could be improved. In doing so it examines s 16A of the Criminal Procedure Act 2011, which was introduced in 2019 to ensure “family violence offences” are identified as such on charging documents and on the offender’s criminal record. This provision is known operationally as the “family violence flag”. The role of the family violence flag in relation to risk assessment is considered, particularly its ability to reveal a perpetrator’s prior family violence offending. Research has shown that a history of family violence is the most consistently identified risk factor for intimate partner lethality and risk of re-assault. The potential of the family violence flag to improve the evidence-base of family violence offending in New Zealand is also considered, which is important given the prevalence and detrimental impact of family violence in New Zealand. Analysis suggests that despite its recent introduction, changes could be made to s 16A to increase its utility. Accordingly, reform options to s 16A are proposed to better achieve the policy intent of the family violence flag, strengthening both its application and subsequent use.</p>

Using The “Family Violence Flag” To Better Identify Harm Within Families

<p>This thesis looks at how the identification and recording of family violence offending in the criminal justice system could be improved. In doing so it examines s 16A of the Criminal Procedure Act 2011, which was introduced in 2019 to ensure “family violence offences” are identified as such on charging documents and on the offender’s criminal record. This provision is known operationally as the “family violence flag”. The role of the family violence flag in relation to risk assessment is considered, particularly its ability to reveal a perpetrator’s prior family violence offending. Research has shown that a history of family violence is the most consistently identified risk factor for intimate partner lethality and risk of re-assault. The potential of the family violence flag to improve the evidence-base of family violence offending in New Zealand is also considered, which is important given the prevalence and detrimental impact of family violence in New Zealand. Analysis suggests that despite its recent introduction, changes could be made to s 16A to increase its utility. Accordingly, reform options to s 16A are proposed to better achieve the policy intent of the family violence flag, strengthening both its application and subsequent use.</p>

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.

THE TECHNOLOGY OF SOCIAL WORK FOR THE FORMATION OF READINESS FOR EMPLOYMENT IN PERSONS RELEASED FROM PLACES OF IMPRISONMENT

Одной из важнейших и социально значимых задач государства является правовая и социальная поддержка лиц, освободившихся из мест лишения свободы. Граждане после освобождения из исправительного учреждения нуждаются в помощи специалистов различных областей, в том числе социальной. У каждого из них потеряны социально-значимые связи, имеются хронические заболевания, создаются психологические барьеры и т.д. В связи с этим специалистам социальной сферы необходимо организовать комплексную работу по адаптации в социуме данной категории граждан. Из числа всех проблем, с которыми сталкиваются бывшие осужденные, наиболее значимой является проблема, связанная с их трудоустройством после освобождения. Данная категория граждан не подготовлена к началу трудовой деятельности в открытом социуме, у большинства отсутствует мотивация к трудоустройству. Цель исследования - теоретически обосновать и разработать технологию социальной работы по формированию готовности к трудоустройству лиц, освободившихся из мест лишения свободы. В статье представлены результаты констатирующего эксперимента на начальном этапе опытно-экспериментальной работы. Респондентами выступили безработные граждане, имеющие судимость. В исследовании приняло участие 10 респондентов мужского пола в возрасте от 35 до 55 лет. В процессе исследования была теоретически обоснована и разработана технология социальной работы по формированию готовности к трудоустройству лиц, освободившихся из мест лишения свободы. Технология представлена содержательными и процессуальными компонентами и предполагает поэтапное формирование готовности к трудоустройству лиц, освободившихся из мест лишения свободы. Для каждого этапа определяются задачи, содержание и методы. Решение задач предыдущего этапа создает условия для возможности перехода на новый этап. One of the most important and socially significant tasks of the state is the legal and social support of persons released from institutions of confinement. These persons need the help of specialists in various fields, including social ones. Each of them has lost socially significant connections, has chronic diseases, psychological barriers, etc. In this regard, specialists in the social sphere need to organize a comprehensive work on adaptation in society of this category of citizens. Of all the problems faced by former convicts, the most significant is the problem associated with their employment after release. This category of citizens is not prepared to start working in an open society, and the majority of them have no motivation for finding employment. The purpose of this study is to theoretically substantiate and develop the technology of social work for the formation of readiness for employment of persons released from prison. The paper presents the results of ascertaining experiment at the initial stage of experimental work. The respondents were unemployed citizens with a criminal record. The study involved 10 male respondents aged 35 to 55 years. In the course of the research, the technology of social work was theoretically justified and developed to form the readiness for employment of persons released from prison. The technology is represented by substantive and procedural components and involves the gradual formation of readiness for employment of persons released from prison. Tasks, content and methods are defined for each stage. Solving the tasks of the previous stage creates conditions for the possibility of moving to a new stage.

Legal Restrictions for Persons Who Have Committed Crimes

The approaches of the Russian lawmaker to institute control over law for persons who have committed crimes are analyzed in the article. The paper investigates the fact that given legal restrictions are used as retaliatory measures not only for those who have committed crimes. Having manifested the danger for the society the criminal suffers from other restrictions of the rights during the court procedure and furthermore. Moreover, many legal restrictions are applied not only to the persons who are under trial or have a criminal record but also to those who are relieved of criminal responsibility due to nonrehabilitating circumstances. Key law positions of the Constitutional Court of the Russian Federation on arguable points of lawmaker’s introduction of law restrictions for the people who have committed crimes are formulated. Conclusions are drawn that many legal restrictions for such category of people concerning their labour activities contradict each other. Recommendations of strategic and tactical character are given, such as to reform the institute of previous convictions and to make universal law restrictions for those who have committed crimes. The realization of the tactical aspect is connected with the procedure of giving more precise definitions to many federal laws dealing with legal restrictions for this category of people. In particular, the question is about complete equality of prohibitions when joining and serving in law enforcement agencies, about federal unique list of discharge from criminal responsibility which is the reason to prohibit service in law enforcement agencies and other agencies.

Criminal Record Stigma and Surveillance in the Digital Age

This review analyzes criminal record stigma and surveillance through the concept of digital punishment: the collection and widespread dissemination of personally identifiable data by the American criminal legal system and subsequent private actors. The analysis is organized into three parts: a descriptive account of the technological, legal, and social factors that have created mass criminal record data; a theoretical framework for understanding digital criminal records through stigma and surveillance theories; and an argument that contemporary criminal records constitute digital punishment, with emphasis placed on how digital records are disordered, commodified, and biased. I close by raising policy-relevant questions about the widespread disclosure and uses of criminal legal system data for extralegal purposes. 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.