Offender Behavior and Rights
Offender behavior is most considered on the construct of motive; why a person engages in a behavior. The motive of the offender’s behavior is assumed to be committed purposely. Offenders’ behavior is fueled by the motive, which must have the presence of intent. Intent invokes whether the offenders committed the criminal act purposely. On the other hand, the motive is the exact reason fueling the person to do it. It is also important to consider that offenders often create a trusting relationship that creates a connection that allows them to initiate the abuse. Biological factors have been linked to the predisposition to criminality. It is considered that variances such as autonomic arousal, neurobiology, and neuroendocrine functions increase the likelihood of committing criminal acts. Adverse childhood experiences increase the risk of criminal behavior in both the juvenile and adult years. Generally, a negative social environment, such as a high-crime neighborhood, is associated with increases in criminal behavior chances.
Offenders have the right to be treated fairly and, if in custody, to be conditionally released or under supervision in the community. The legislation guarantees fundamental human rights that apply to offenders, whether serving in custody and the community. Offenders have limited constitutional rights though the Eighth Amendment’s prohibition protects them against cruel and unusual punishment. The offenders have the right to a minimum standard of living. The offenders have the constitutional right to due process in their right to administrative appeals and access to the parole process. Offenders in prison are protected against unequal treatment by the Equal Protection Clause of the Fourteenth Amendment based on race, sex, and creed. The offenders in prison have the right to speech and religion with the limitation that the rights should not interfere with other offenders in prison.
References
Edwards, B. G., Albertson, E., & Verona, E. (2017). Dark and vulnerable personality trait correlates of dimensions of criminal behavior among adult offenders. Journal of abnormal psychology, 126(7), 921.
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