10 - Criminal Offenders

Question 1

What is sentencing?

Answer 1

The imposition of a penalty upon a person convicted of a crime

Our beliefs about the causes of crime influence our sentencing rationale

Question 2

What is the brief history of crime and sentencing?

Answer 2

Late 18th-early 19th C

• Emphasis on deterrence through rational punishment
• Severity became less important than quick, certain penalties

Early 20th C
- Focus on rehabilitation

Recently; emphasised need to limit offenders’ potential for future harm

Question 3

What are the five goals of sentencing?

Answer 3

1. Retribution
2. Incapacitation
3. Deterrence
4. Rehabilitation
5. Restoration

Question 4

Describe the retribution goal of sentencing

Answer 4

Act of taking revenge upon perpetuator

Goal: satisfaction

Then: deal and exile commonly for minor offences
Now: “just desserts;” criminals deserve punishment they receive, and should be appropriate

Question 5

Describe the incapacitation goal of sentencing

Answer 5

The use of imprisonment or other means to reduce the likelihood than an offender who can commit future offences

Goal: protect innocent

Then: mutilation used to prevent repeating
Now: restraint, not punishment

Question 6

Describe the deterrence goal of sentencing

Answer 6

A goal of criminal sentencing which seeks to prevent people from committing crimes similar to the one for which an offender is being sentenced

Goal: crime prevention

Two theories; specific deterrence (prevent particular offender from recidivism, based on operant learning) and general deterrence (prevent others committing similar crime)

Question 7

Describe the rehabilitation goal of sentencing

Answer 7

The attempt to reform a criminal offender. Seeks to bring about fundamental changes in offenders

Goal: reduce future crime

Then: “nothing works”
Now: “what works”, CBT (ABC technique, activating events lead to beliefs which leads to consequences)

Question 8

Describe the restoration goal of sentencing

Answer 8

Attempts to make the victim “whole again”

Question 9

What is risk in terms of criminal offenders?

Answer 9

Interaction between situation and a person

Risk of offending and dangerousness of crime

Question 10

What are the types of risk assessments that can be conducted with criminal offenders?

Answer 10

1. Unstructured Clinical Judgement
2. Statistical or Actuarial Assessment
3. Structured Professional Judgement

Question 11

Describe the unstructured clinical judgement approach to assessment

Answer 11

Decisions characterised by professional discretion and lack of guidelines (subjective, no specific risk factors)

Studies show it’s poor

Question 12

Describe the statistical or actuarial approach to assessment

Answer 12

Decisions based on risk factors that are selected and combined based on evidence.

Calculates risk by comparing individuals characteristics and those who we know have behaved in a certain way

Can be too statistical

Question 13

Describe the structured professional judgement approach to assessment

Answer 13

Provision of guidelines to help structure clinical decision making

Decisions guided by pre-determined list of risk factors derived from literature.

Judgement based on professional judgement

Question 14

What are the two types of risk factors?

Answer 14

Static (historical, cannot be changes)

Dynamic (fluctuate over time, can be changed, acute vs. stable)

Most predictable factors are static

Question 15

What is a risk factor?

Answer 15

Measurable feature of an individual that predicts the behaviour of interest

Question 16

What are the four important risk factors?

Answer 16

1. Dispositional
   - demographics (age <14 and gender, male)
   - personality characteristics (impulsivity, psychopathy)
2. Historical
   - past anti-social behaviour
   - age onset of anti-social behaviour
   - childhood history of maltreatment (physically abused and neglect)
   - past supervision failure, escape
3. Clinical
   - substance use (drug=15x)
   - mental disorder
4. Contextual (Current environment)
   - lack social support
   - easy access to weapons/victims

Question 17

What are some protective factors to prevent recidivism?

Answer 17

Factors tat reduce or mitigate likelihood of violence

Children/youths: prosocial involvement, strong social support, positive social orientation, strong attachment

In adults: employment stability (for high risk), strong family connections (low-risk males)