Tomer Einat | Bar-Ilan University (original) (raw)
Papers by Tomer Einat
International Journal of Offender Therapy and Comparative Criminology, Aug 7, 2007
Research consistently illustrates that several intellectual disabilities—namely, learning disabil... more Research consistently illustrates that several intellectual disabilities—namely, learning disabilities (LD), low intelligence, challenging behavior, and inadequate adaptive behavior, as well as attention deficit hyperactivity disorder (ADHD)—are considered risk factors for antisocial and criminal behavior. Although much attention has been paid to the relationship of LD, ADHD, and criminal behavior, three research topics have been overlooked: the frequency of LD with ADHD among inmates, the relationship between LD and/or ADHD and level of education among prisoners, and the connection between LD and/or ADHD and age of criminal onset. The present study examined the frequency of LD and ADHD in a sample of Israeli-born prisoners, in addition to the frequency of each category by itself, and it investigated the relationship of LD and/or ADHD, school dropout age, and onset of criminal activity.
The Prison Journal, Dec 1, 2021
This qualitative study analyzes the effects of solitary confinement on prisoners and the strategi... more This qualitative study analyzes the effects of solitary confinement on prisoners and the strategies used by them to cope with its difficulties. The findings indicate that solitary confinement is perceived as unfair and as intensifying hostile emotions and physical aggression, and that it is related to a range of long-term physiological, mental, and behavioral disorders. Three strategies are used to cope with the difficulties of solitary confinement: keeping to a ritualistic routine, a religious lifestyle, and physical exercise. We conclude that solitary confinement exacerbates the difficulties of detention and affects prisoners’ health and well-being for short and long terms.
Punishment & Society, Apr 1, 2004
Over the last three decades, the Israeli Criminal Justice System has begun to focus on the search... more Over the last three decades, the Israeli Criminal Justice System has begun to focus on the search for alternatives to imprisonment in order to reduce the number of prisoners, be it for economic reasons or in an attempt to find options for more appropriate punitive and rehabilitative methods. The criminal fine, one of the main alternatives to the prison sentence, combines a number of features that systematically conform to the demands of an intermediate sanction. Despite its advantages, none of the penal aims of the fine are achieved if it is not paid. An effective use of the criminal fine is based on an effective and efficient enforcement system. An attempt has been made in this article to explore and analyze the development and present administration of the Israeli Criminal Fine Enforcement System, qualitatively and quantitatively evaluate Israeli magistrates’ attitudes and practices regarding the use of the criminal fine and introduce various improvements.
International Journal of Offender Therapy and Comparative Criminology, Oct 4, 2010
Numerous theories have attempted to analyze and understand the factors and etiology of juvenile d... more Numerous theories have attempted to analyze and understand the factors and etiology of juvenile delinquency. The present study is the first to suggest the use of Sellin's "culture conflict" theory as a possible cultural explanation for the phenomenon of juvenile delinquency. According to Sellin, crime in many instances is a product of culture conflict between the values and norms of a certain subculture in a given society and those of the general culture. Following Sellin's rationale, this study argues that youths constitute a social subculture with certain values, norms, and stances toward the criminal law that is not necessarily concordant with the moral values and formal norms of the general culture of adults, who determine the content of the criminal law. These assertions are analyzed via a crime seriousness study, in which adult and teenage respondents from a national (Israeli) sample were asked to evaluate the seriousness of various criminal offenses committed by adolescents. Generally, significant differences were found between the seriousness and punishment values given by the adult and juvenile respondents to violent offenses (high) and self-use of illegal drugs (low), with adult respondents providing significantly higher seriousness values and punishment options for them. Moreover, in a regression analysis, the variable of respondents' age was found as decisive in understanding both dependent variables. The implications of these findings are discussed in this study.
International Journal of Offender Therapy and Comparative Criminology, Aug 7, 2008
International Journal of Offender Therapy and Comparative Criminology, Oct 15, 2012
Conjugal visits are believed to have positive effects during and after confinement. Yet, studies ... more Conjugal visits are believed to have positive effects during and after confinement. Yet, studies on the dynamics of such visits from women's point of view and their attitudes toward such visits are sparse. This study sought to identify and analyze female inmates' attitudes toward conjugal visits, describe the dynamics of conjugal visitations, and examine the meaning of conjugal visitation programs to the participants. The findings of this study reveal that (a) female inmates perceive conjugal visits as a significant and positive program in the prison, (b) these visits ease their pains of imprisonment and help to strengthen their relationships with their partners, and (c) nevertheless, the inmates express some criticism toward the poor condition of the visitation facilities and their unsatisfactory upkeep, claiming that such conditions limit their ability to feel and act freely during the meetings.
Asian Journal of Criminology, Feb 13, 2023
The present article follows upon a previous one dealing with the discrimination of Arab defendant... more The present article follows upon a previous one dealing with the discrimination of Arab defendants in Israel. If focuses on the effect of wartime on this discrimination by analyzing the acceptance or rejection of requests on behalf of Jewish compared to Arab defendants to revoke convictions in misdemeanors by Israeli magistrate courts in the past 20 years, as a function of periods of heightened hostilities and the judges’ ethnicity. The findings contradict those of the few and outdated studies conducted in the West, by pointing to the lack of influence of wartime situations, regardless of the judges’ or the defendants’ ethnicity. The conclusion is that particular periods of heightened hostilities do not affect the punitive policy against ethnic minorities in a country that consistently discriminates such minorities and is constantly engaged in war or violent conflict.
International Journal of Offender Therapy and Comparative Criminology, Nov 27, 2013
This study explores men&a... more This study explores men's motivation and justification to remain married to their criminal, imprisoned wives. Using semistructured interviews and content-analysis, data were collected and analyzed from eight men who maintain stable marriage relationships with their incarcerated wives. Participants are normative men who describe incarceration as a challenge that enhances mutual responsibility and commitment. They exaggerate the extent to which their partners resemble archetypal romantic ideals. They use motivational accounts to explain the woman's criminal conduct, which is perceived as nonrelevant to her real identity. Physical separation and lack of physical intimacy are perceived as the major difficulties in maintaining their marriage relations. Length of imprisonment and marriage was found to be related to the decision whether to continue or terminate the relationships. Women-inmates' partners experience difficulties and use coping strategies very similar to those cited by other normative spouses facing lengthy separation.
International Journal of Offender Therapy and Comparative Criminology, Sep 29, 2022
The literature on white-collar crimes committed by women is sparse, dealing mostly with their mot... more The literature on white-collar crimes committed by women is sparse, dealing mostly with their motivations, the incidence of the phenomenon, and differences between the women who commit them and those who commit other types of offenses. This qualitative study maps factors leading women to commit such crimes, with particular focus on their family and personal histories, and on the various roles they played as children and adults, which prepared and “trained” them for future illegal behavior. Data were collected using semi-structured interviews with 18 women convicted and imprisoned for white-collar crimes. A relationship was found between problematic family background and difficulty in help seeking and a nearly obsessive need for love in adulthood, and between the latter and white-collar crime. Theoretical and practical conclusions are discussed and future directions proposed.
International Journal of Offender Therapy and Comparative Criminology, Jul 28, 2016
Asian Journal of Criminology, 2023
The present article follows upon a previous one dealing with the discrimination of Arab defendant... more The present article follows upon a previous one dealing with the discrimination of Arab defendants in Israel. If focuses on the effect of wartime on this discrimination by analyzing the acceptance or rejection of requests on behalf of Jewish compared to Arab defendants to revoke convictions in misdemeanors by Israeli magistrate courts in the past 20 years, as a function of periods of heightened hostilities and the judges’ ethnicity. The findings contradict those of the few and outdated studies conducted in the West, by pointing to the lack of influence of wartime situations, regardless of the judges’ or the defendants’ ethnicity. The conclusion is that particular periods of heightened hostilities do not affect the punitive policy against ethnic minorities in a country that consistently discriminates such minorities and is constantly engaged in war or violent conflict.
International Journal of Offender Therapy and Comparative Criminology
The literature on white-collar crimes committed by women is sparse, dealing mostly with their mot... more The literature on white-collar crimes committed by women is sparse, dealing mostly with their motivations, the incidence of the phenomenon, and differences between the women who commit them and those who commit other types of offenses. This qualitative study maps factors leading women to commit such crimes, with particular focus on their family and personal histories, and on the various roles they played as children and adults, which prepared and “trained” them for future illegal behavior. Data were collected using semi-structured interviews with 18 women convicted and imprisoned for white-collar crimes. A relationship was found between problematic family background and difficulty in help seeking and a nearly obsessive need for love in adulthood, and between the latter and white-collar crime. Theoretical and practical conclusions are discussed and future directions proposed.
The Prison Journal, 2022
This study examines the attitudes of 15 male ex-inmates toward heterosexual romantic relationship... more This study examines the attitudes of 15 male ex-inmates toward heterosexual romantic relationships during imprisonment as viewed retrospectively. The interviewees expressed ambivalence regarding these intimate partnerships, which were a source of difficulty in prison and upon reentry into society. We conclude that prison services could better help inmates to improve these relationships, thus reducing the pains of imprisonment and enhancing their successful social reintegration.
Israel Law Review, 2002
Issues such as prison overcrowding, a growing realization that prisons cannot rehabilitate, and t... more Issues such as prison overcrowding, a growing realization that prisons cannot rehabilitate, and the belief that many inmates could be adequately managed in less intrusive and costly settings, have led Israeli scholars and practitioners, in the last four decades, to devote efforts to the development of alternative sanctions to imprisonment. Specifically, the focus has been on the development and elaboration of alternative sanctions that match the severity of punishment to the seriousness of the crime.Intermediate sanctions (also called “alternative sanctions,” “alternatives to imprisonment,” or “community-based sanctions”) have been proposed as “ways to manage the burgeoning numbers of offenders without sacrificing public safety.” These punishment options are considered to fall on a continuum between traditional probation supervision and traditional incarceration.
The Encyclopedia of Crime & Punishment, 2015
The Prison Journal, 2015
This research explores the rate of learning disabilities (LD) within the Hebrew-speaking adult pr... more This research explores the rate of learning disabilities (LD) within the Hebrew-speaking adult prison population in Israel, examining the relationship between LD and dropping out of school with criminal behavior. The study finds that the frequency of LD is very high among Israeli inmates (69.6%) and that a gap exists between LD inmates’ awareness of their scholastic weakness in school and the educational system’s ignorance. Implications of these results are discussed.
Encyclopedia of Criminology and Criminal Justice, 2014
Israel Law Review, 1999
Over-burdening of the prison system and serious reservations as to the usefulness of the prison s... more Over-burdening of the prison system and serious reservations as to the usefulness of the prison sentence as a means of reducing crimes rates have led penologists and policymakers to seek ways to broaden the repertoire of criminal punishments available to the courts. In the search for effective and affordable sentencing policies, there has been increasing interest in the development and elaboration of intermediate sanctions as part of a menu of sentencing choices that match the severity of punishment to the seriousness of the crime.This trend is clearly reflected in the development of the penal system in Israel. In elaborating alternatives to imprisonment, an integrated model, incorporating welfare and rehabilitation considerations, has emerged. Nevertheless, Israeli judges have remarkably few sentencing alternatives at their disposal, and the penal sanctions available to them can be counted on the fingers of one hand, namely, imprisonment, suspended prison sentence, probation, commu...
International Journal of Offender Therapy and Comparative Criminology, Aug 7, 2007
Research consistently illustrates that several intellectual disabilities—namely, learning disabil... more Research consistently illustrates that several intellectual disabilities—namely, learning disabilities (LD), low intelligence, challenging behavior, and inadequate adaptive behavior, as well as attention deficit hyperactivity disorder (ADHD)—are considered risk factors for antisocial and criminal behavior. Although much attention has been paid to the relationship of LD, ADHD, and criminal behavior, three research topics have been overlooked: the frequency of LD with ADHD among inmates, the relationship between LD and/or ADHD and level of education among prisoners, and the connection between LD and/or ADHD and age of criminal onset. The present study examined the frequency of LD and ADHD in a sample of Israeli-born prisoners, in addition to the frequency of each category by itself, and it investigated the relationship of LD and/or ADHD, school dropout age, and onset of criminal activity.
The Prison Journal, Dec 1, 2021
This qualitative study analyzes the effects of solitary confinement on prisoners and the strategi... more This qualitative study analyzes the effects of solitary confinement on prisoners and the strategies used by them to cope with its difficulties. The findings indicate that solitary confinement is perceived as unfair and as intensifying hostile emotions and physical aggression, and that it is related to a range of long-term physiological, mental, and behavioral disorders. Three strategies are used to cope with the difficulties of solitary confinement: keeping to a ritualistic routine, a religious lifestyle, and physical exercise. We conclude that solitary confinement exacerbates the difficulties of detention and affects prisoners’ health and well-being for short and long terms.
Punishment & Society, Apr 1, 2004
Over the last three decades, the Israeli Criminal Justice System has begun to focus on the search... more Over the last three decades, the Israeli Criminal Justice System has begun to focus on the search for alternatives to imprisonment in order to reduce the number of prisoners, be it for economic reasons or in an attempt to find options for more appropriate punitive and rehabilitative methods. The criminal fine, one of the main alternatives to the prison sentence, combines a number of features that systematically conform to the demands of an intermediate sanction. Despite its advantages, none of the penal aims of the fine are achieved if it is not paid. An effective use of the criminal fine is based on an effective and efficient enforcement system. An attempt has been made in this article to explore and analyze the development and present administration of the Israeli Criminal Fine Enforcement System, qualitatively and quantitatively evaluate Israeli magistrates’ attitudes and practices regarding the use of the criminal fine and introduce various improvements.
International Journal of Offender Therapy and Comparative Criminology, Oct 4, 2010
Numerous theories have attempted to analyze and understand the factors and etiology of juvenile d... more Numerous theories have attempted to analyze and understand the factors and etiology of juvenile delinquency. The present study is the first to suggest the use of Sellin's "culture conflict" theory as a possible cultural explanation for the phenomenon of juvenile delinquency. According to Sellin, crime in many instances is a product of culture conflict between the values and norms of a certain subculture in a given society and those of the general culture. Following Sellin's rationale, this study argues that youths constitute a social subculture with certain values, norms, and stances toward the criminal law that is not necessarily concordant with the moral values and formal norms of the general culture of adults, who determine the content of the criminal law. These assertions are analyzed via a crime seriousness study, in which adult and teenage respondents from a national (Israeli) sample were asked to evaluate the seriousness of various criminal offenses committed by adolescents. Generally, significant differences were found between the seriousness and punishment values given by the adult and juvenile respondents to violent offenses (high) and self-use of illegal drugs (low), with adult respondents providing significantly higher seriousness values and punishment options for them. Moreover, in a regression analysis, the variable of respondents' age was found as decisive in understanding both dependent variables. The implications of these findings are discussed in this study.
International Journal of Offender Therapy and Comparative Criminology, Aug 7, 2008
International Journal of Offender Therapy and Comparative Criminology, Oct 15, 2012
Conjugal visits are believed to have positive effects during and after confinement. Yet, studies ... more Conjugal visits are believed to have positive effects during and after confinement. Yet, studies on the dynamics of such visits from women's point of view and their attitudes toward such visits are sparse. This study sought to identify and analyze female inmates' attitudes toward conjugal visits, describe the dynamics of conjugal visitations, and examine the meaning of conjugal visitation programs to the participants. The findings of this study reveal that (a) female inmates perceive conjugal visits as a significant and positive program in the prison, (b) these visits ease their pains of imprisonment and help to strengthen their relationships with their partners, and (c) nevertheless, the inmates express some criticism toward the poor condition of the visitation facilities and their unsatisfactory upkeep, claiming that such conditions limit their ability to feel and act freely during the meetings.
Asian Journal of Criminology, Feb 13, 2023
The present article follows upon a previous one dealing with the discrimination of Arab defendant... more The present article follows upon a previous one dealing with the discrimination of Arab defendants in Israel. If focuses on the effect of wartime on this discrimination by analyzing the acceptance or rejection of requests on behalf of Jewish compared to Arab defendants to revoke convictions in misdemeanors by Israeli magistrate courts in the past 20 years, as a function of periods of heightened hostilities and the judges’ ethnicity. The findings contradict those of the few and outdated studies conducted in the West, by pointing to the lack of influence of wartime situations, regardless of the judges’ or the defendants’ ethnicity. The conclusion is that particular periods of heightened hostilities do not affect the punitive policy against ethnic minorities in a country that consistently discriminates such minorities and is constantly engaged in war or violent conflict.
International Journal of Offender Therapy and Comparative Criminology, Nov 27, 2013
This study explores men&a... more This study explores men's motivation and justification to remain married to their criminal, imprisoned wives. Using semistructured interviews and content-analysis, data were collected and analyzed from eight men who maintain stable marriage relationships with their incarcerated wives. Participants are normative men who describe incarceration as a challenge that enhances mutual responsibility and commitment. They exaggerate the extent to which their partners resemble archetypal romantic ideals. They use motivational accounts to explain the woman's criminal conduct, which is perceived as nonrelevant to her real identity. Physical separation and lack of physical intimacy are perceived as the major difficulties in maintaining their marriage relations. Length of imprisonment and marriage was found to be related to the decision whether to continue or terminate the relationships. Women-inmates' partners experience difficulties and use coping strategies very similar to those cited by other normative spouses facing lengthy separation.
International Journal of Offender Therapy and Comparative Criminology, Sep 29, 2022
The literature on white-collar crimes committed by women is sparse, dealing mostly with their mot... more The literature on white-collar crimes committed by women is sparse, dealing mostly with their motivations, the incidence of the phenomenon, and differences between the women who commit them and those who commit other types of offenses. This qualitative study maps factors leading women to commit such crimes, with particular focus on their family and personal histories, and on the various roles they played as children and adults, which prepared and “trained” them for future illegal behavior. Data were collected using semi-structured interviews with 18 women convicted and imprisoned for white-collar crimes. A relationship was found between problematic family background and difficulty in help seeking and a nearly obsessive need for love in adulthood, and between the latter and white-collar crime. Theoretical and practical conclusions are discussed and future directions proposed.
International Journal of Offender Therapy and Comparative Criminology, Jul 28, 2016
Asian Journal of Criminology, 2023
The present article follows upon a previous one dealing with the discrimination of Arab defendant... more The present article follows upon a previous one dealing with the discrimination of Arab defendants in Israel. If focuses on the effect of wartime on this discrimination by analyzing the acceptance or rejection of requests on behalf of Jewish compared to Arab defendants to revoke convictions in misdemeanors by Israeli magistrate courts in the past 20 years, as a function of periods of heightened hostilities and the judges’ ethnicity. The findings contradict those of the few and outdated studies conducted in the West, by pointing to the lack of influence of wartime situations, regardless of the judges’ or the defendants’ ethnicity. The conclusion is that particular periods of heightened hostilities do not affect the punitive policy against ethnic minorities in a country that consistently discriminates such minorities and is constantly engaged in war or violent conflict.
International Journal of Offender Therapy and Comparative Criminology
The literature on white-collar crimes committed by women is sparse, dealing mostly with their mot... more The literature on white-collar crimes committed by women is sparse, dealing mostly with their motivations, the incidence of the phenomenon, and differences between the women who commit them and those who commit other types of offenses. This qualitative study maps factors leading women to commit such crimes, with particular focus on their family and personal histories, and on the various roles they played as children and adults, which prepared and “trained” them for future illegal behavior. Data were collected using semi-structured interviews with 18 women convicted and imprisoned for white-collar crimes. A relationship was found between problematic family background and difficulty in help seeking and a nearly obsessive need for love in adulthood, and between the latter and white-collar crime. Theoretical and practical conclusions are discussed and future directions proposed.
The Prison Journal, 2022
This study examines the attitudes of 15 male ex-inmates toward heterosexual romantic relationship... more This study examines the attitudes of 15 male ex-inmates toward heterosexual romantic relationships during imprisonment as viewed retrospectively. The interviewees expressed ambivalence regarding these intimate partnerships, which were a source of difficulty in prison and upon reentry into society. We conclude that prison services could better help inmates to improve these relationships, thus reducing the pains of imprisonment and enhancing their successful social reintegration.
Israel Law Review, 2002
Issues such as prison overcrowding, a growing realization that prisons cannot rehabilitate, and t... more Issues such as prison overcrowding, a growing realization that prisons cannot rehabilitate, and the belief that many inmates could be adequately managed in less intrusive and costly settings, have led Israeli scholars and practitioners, in the last four decades, to devote efforts to the development of alternative sanctions to imprisonment. Specifically, the focus has been on the development and elaboration of alternative sanctions that match the severity of punishment to the seriousness of the crime.Intermediate sanctions (also called “alternative sanctions,” “alternatives to imprisonment,” or “community-based sanctions”) have been proposed as “ways to manage the burgeoning numbers of offenders without sacrificing public safety.” These punishment options are considered to fall on a continuum between traditional probation supervision and traditional incarceration.
The Encyclopedia of Crime & Punishment, 2015
The Prison Journal, 2015
This research explores the rate of learning disabilities (LD) within the Hebrew-speaking adult pr... more This research explores the rate of learning disabilities (LD) within the Hebrew-speaking adult prison population in Israel, examining the relationship between LD and dropping out of school with criminal behavior. The study finds that the frequency of LD is very high among Israeli inmates (69.6%) and that a gap exists between LD inmates’ awareness of their scholastic weakness in school and the educational system’s ignorance. Implications of these results are discussed.
Encyclopedia of Criminology and Criminal Justice, 2014
Israel Law Review, 1999
Over-burdening of the prison system and serious reservations as to the usefulness of the prison s... more Over-burdening of the prison system and serious reservations as to the usefulness of the prison sentence as a means of reducing crimes rates have led penologists and policymakers to seek ways to broaden the repertoire of criminal punishments available to the courts. In the search for effective and affordable sentencing policies, there has been increasing interest in the development and elaboration of intermediate sanctions as part of a menu of sentencing choices that match the severity of punishment to the seriousness of the crime.This trend is clearly reflected in the development of the penal system in Israel. In elaborating alternatives to imprisonment, an integrated model, incorporating welfare and rehabilitation considerations, has emerged. Nevertheless, Israeli judges have remarkably few sentencing alternatives at their disposal, and the penal sanctions available to them can be counted on the fingers of one hand, namely, imprisonment, suspended prison sentence, probation, commu...