Criminalizing Terrorism: The Impact of Context and Cohort Effects on the Sentencing Outcomes of Terrorist Offenders

Despite the recent criminalization of terrorism specific offenses little is known about the legal processing of terrorist offenders, and even less is known about how the context that terrorist offenders are adjudicated in impact sentencing outcomes. Collectively, this dissertation explores how changing contextual environments related to legal responses, the timing of an offender’s adjudication and perceptions of threat impact the sentencing outcomes of terrorist offenders by utilizing a sample of terrorist offenders convicted both recently, and historically, in Canada (n = 153), and by further employing a sample of terrorist offenders recently adjudicated in the United Kingdom (n = 156). Across studies the context that offenders are sanctioned in impact sentencing outcomes, and cohort effects are uncovered. Terrorism specific offenses are readily utilized, and the criminalization of terrorism offenses appear to have provided law enforcement with legal measures that assist in the proactive prevention of terrorist incidents. However, general criminal provisions still have a significant role to play in the adjudication of terrorist offenders as offenders sanctioned of general criminal provisions only, or both general and terrorism specific offenses, are sentenced more severely than offenders convicted of terrorism specific offenses alone. The timing of an offender’s adjudication also impacts sentencing outcomes as offenders sanctioned in the latter stages of a terrorist campaign are generally sentenced more severely than offenders adjudicated at the onset for similar crimes, while variability in the sentence outcomes achieved throughout a terrorist campaign are characterized by cohort effects. Furthermore, being sanctioned in proximity to major terrorist incidents is found to affect sentencing outcomes as offenders sentenced following these events are punished less severely. Finally, offenders who are characterized by factors that are associated with increased perceptions of threat receive harsher punishments; however the impact of perceptions of threat on sentencing outcomes can be limited to specific time periods

The impact of prior criminal charges on sex offender recidivism outcomes: an exploration of population heterogeneity and state dependent models

Two competing theories explain the link between past and future criminal behavior: population heterogeneity and state dependence. Actuarial models of risk prediction for sexual offenders emphasize static variables, akin to population heterogeneity. State dependence, however, has never been tested with similar populations. This study examines both models. The sample consists of sex offenders admitted to a penitentiary in Quebec, Canada from 1994-2000. Analyses were conducted on offenders age 36 and over (n=242). Official criminal activity was measured at: (a) 18-23 years; (b) 24-29 years; (c) 30-35 years; and, (d) 36 + years. Survival analyses and Cox proportional hazards show supporting evidence for both state dependent and population heterogeneity models after adjusting for sociodemographic covariates. Violent/sexual recidivism after prison release was based on convictions. Findings are discussed in light of the current application of sex offender risk assessment and community management

Population heterogeneity, state dependence and sexual offender recidivism: The aging process and the lost predictive impact of prior criminal charges over time

Purpose Two competing theories explain the link between past and future criminal behavior: population heterogeneity and state dependence. Actuarial models of risk prediction emphasize static variables, akin to population heterogeneity. State dependence, has never been tested with similar populations.Methods Using survival modeling this study examines both population heterogeneity and state dependence using a sample of adult sex offenders incarcerated in Quebec, Canada from 1994-2000. Analyses were conducted on offenders age 36 and over (n = 242). Official criminal activity was measured at: (a) 18-23 years; (b) 24-29 years; (c) 30-35 years; and, (d) 36 + years.Results Cox proportional hazards modeling shows stronger evidence for state dependence, suggesting changeability in risk over time.Conclusions Support was found for both offending continuity and discontinuity, or a mixed model of offending. Current actuarial risk assessment tools for adult sex offenders do not accommodate for the inclusion of state dependent and life-course processes, which could have implications for the potential overestimation of offender risk.

Criminalizing Terrorism in Canada: Investigating the Sentencing Outcomes of Terrorist Offenders From 1963 to 2010

Despite having endured significant terrorist incidents over the past 50 years, terrorism-specific offenses were not criminalized in Canada until the implementation of the Anti-Terrorism Act (ATA) in 2001. One of the primary goals of this legislation was to provide law enforcement with the tools necessary to proactively prevent terrorist incidents; however, the effectiveness of these new legal measures in preventing terrorist incidents, and the potential for the increased punishment of offenders sanctioned under them, remains unclear. Using a sample of convicted terrorist offenders (n = 153) from the Officially Adjudicated Terrorists in Canada (OATC) dataset, the current study investigates variability in the sentencing outcomes of offenders sanctioned in Canada between 1963 and 2010. The findings indicate that offenders were significantly less likely to successfully complete an offense following the implementation of the ATA; however, offenders previously convicted of general Criminal Code offenses were sanctioned more harshly than those convicted of terrorism-specific offenses alone. Furthermore, changes in the legal processing, and demographic structure, of terrorist offenders are uncovered as the findings highlight how changing contextual environments impact the sentencing outcomes of terrorist offenders