Types of Offenders – Mandatory Classification or Stigmatization?

• In Event: Implications and Policy for Mental Health and Correctional Settings

Abstract

There is a long tradition of classifying offenders based on certain attributions in penal law as well as in criminology. Classifying offenders is, especially when oversimplifying, considered as a negative approach. It carries the risk of excluding certain delinquents in the sense of labeling. But a more closer look reveals the fact that also recent models and methods make use of classifications, especially when it comes to the overlap of deviant behavior, delinquency and psychiatric disorders (e.g. psychopaths or paedophiles). The problem is that this classification takes place without becoming conscious. As a result neither the benefit nor the potential risk of this classifying approach is sufficiently taken into account. Some types of offenders, resulting from particular attributions, have a long tradition. They are considered as simply existing among lawyers, judges and state’s attorneys (just think about the classification of offenders introduced by von Liszt: “offenders by opportunity”, “treatable offenders” “non-treatable offenders”). A systematic analysis of existing types of offenders and a review based on recent criminological and psychiatric findings will answer the question if classifying delinquent behavior is an appropriate way to deal with offenders and the consequences of delinquent behavior in our times.

Author

• Katrin Elisabeth Hoeffler, Georg August University Goettingen Germany