Criminological- Formulations & Treatments Flashcards
Write down the mission statement of the Criminal Justice System
• Punish offenders
• Protect the public
• Change an offenders behaviour
• Ensure offenders do something to make up for their crime
Reduce the risk of crime in the future
What are the four main types of sentences imposed
DISCHARGE
FINES
COMMUNITY SENTENCE
PRISON SENTENCE
Describe the sentence- discharge
DISCHARGE -
When the court decides someone is guilty, but decides not to punish them further at this time, they will be given a ‘discharge.
There are two types of discharge:
• an ‘absolute discharge’ means that no more action will be taken
• a ‘conditional discharge’ means that the offender won’t be punished - unless they commit another offence within a set period of time.
Describe the sentence- fines
FINES
Fines are the most common criminal sentence.
Fines are given to punish an offender financially.
They limit the amount of money offenders have to spend.
Describe the sentence- community service
COMMUNITY SENTENCE -
Community sentences are designed to make sure the reasons for the offence are addressed - and prevent more offences in the future.
In many cases, offenders have to do unpaid work in the community, to repay their neighbourhood for their crimes. This is called ‘Community Payback’.
Offenders who get community sentences can be ordered to:
carry out between 40 and 300 hours unpaid work as ‘Community Payback’; this requires them to work hard and lose much of their free time get training so they can find a job complete a treatment programme - to deal with anger control, drug or alcohol abuse, for example avoid specific activities, like visiting pubs or football matches
live within a curfew that restricts the times they can leave their homes, monitored by wearing an electronic tag
live at a specific place
get mental health treatment, if they agree have regular meetings with a probation officer to check their progress.
Describe a prison sentence
PRISON SENTENCE -
Suspended sentences - A court may give an offender a ‘suspended’ prison sentence if the time they would otherwise spend in prison is under 12 months. With a suspended sentence, the offender doesn’t go directly to prison - but they do have to meet conditions in the community, set by the court.
For example, the offender on a suspended sentence may have to: live within a curfew, which restricts the times they can go outside, do unpaid work for the community (called Community Payback), be supervised by a probation officer, stay away from certain places or areas have treatment for drug, alcohol or mental health problems.
Determinate sentences - If a court fixes the length of a prison sentence, it’s called a ‘determinate’ sentence. For example, a judge may say an offender is sentenced to six years.
Indeterminate sentences (including life sentences)
A court can give a sentence setting the minimum time the offender must spend in prison - but not an end point. This is called an ‘indeterminate’ sentence.
Describe what a formulation is
Formulations take place after the offender has been sentenced. The main purpose of a psychological formulation is the assessment and treatment of offending behaviour.
What are the two main reasons a formulation is carried out
To understand the offender and assess the risk capability of an individual re-offending behaviour (offence analysis)
• Consider whether or not an offender would suit a treatment programme and which programme is suitable, in which to try to minimise the risk of future offending.
WHAT IS AN IDIOSYNCRATIC FORMULATION?
• it is a formulation based on the INDIVIDUAL’S specific circumstances and factors.
Describe what offence analysis is
To understand the offender initially a psychologist will need to understand the nature of the offence. This is known as offence analysis. This involves a process of looking and researching similar offences. The idea is to find a similar offence and draw conclusions from that about different offenders who have carried out a similar crime- these are called contingencies.
By understanding contingencies psychologists can hopefully have an insight as to what has motivated the offender to carry out a crime.
What are the 3 main phases of formulations
- Offence Analysis
Understanding the nature of the offence
Researching similar offences - Understanding the functions of the offending
How does the offence serve the offender is a what motivates them to commit the crime? Monetary gains? Feeling in control over someone 7) Prychological Theory can be useful here e.&. have they see others rewarded for the behaviour? - Application to treatment
What sort of intervention/ treatment might be useful to offender to reduce risk of re-offending?
• Sam has been sentenced for burglary, he has carried out several crimes of the same nature, where he has used a weapon to threaten a shop manager and then has stolen a lot of money. In some cases he has, he has physically assaulted the shop manager. Explain how offence analysis will help a psychologist understand Sam’s criminal behaviour [4 marks]
• During the offence analysis stage, the psychologist will need to try to understand the nature of Sam’s offences. This will involve researching offences similar to what Sam has committed like burglary using a weapon to help them gain insight as to what motivated Sam to carry out the crime.
• By analysing the offences that Sam committed, the forensic psychologist will be able to assess the risk of Sam re-offending and committing new burglaries and assaults. The psychologist will also be able to suggest ways in which Sam might be able to reduce the risk of committing further burglaries and assaults.
Describe ethical guidelines to be adhered to by psychologists when completing formulations - Health and Care Professions Council (HCPC) principles for undertaking the psychological, formulation and intervention.
•To be able to practise safely and effectively within their scope of practice
•To be able to practise as an autonomous professional, exercising their own professional judgement
•To understand the application of psychology in the legal system
•To understand the application and integration of a range of theoretical perspectives on socially and individually damaging behaviours, including psychological, social and biological perspectives
• Bob has just qualified as a forensic psychologist. He has been asked by his manager to complete a formulation on Darron, who has recently been accused of murder. Explain how Bob’s professional registration with HCPC will enable him to complete a formulation (4 marks)
• :As a qualified forensic psychologist, Bob will understand a range of theoretical perspectives in order to understand and explain Darron’s socially and individually damaging behaviours, in order to carry out a formulation. Firstly, Bob may establish if there are any social reasons why Darron’s behaviour lead to murder by asking about his early experiences in life; what his family set up is or if there were any traumas in his life. Bob may apply his psychological knowledge to establish if there were any biological reasons why Darron committed the murder, for example if he had any brain injuries or mental health problems. This will enable Bob to advise if Darron would be suited to a particular treatment. Bob also understands the application of psychology in the legal system and therefore the how to write a formulation to help explain Darron’s complex behaviours to the Court and help the court pass sentence on Darron.
Identify some of the potential issues that could contribute to an offender not opening up when developing a formulation
Social Desirability - the offender may answer in a way that make him/her look good. This may invalidate the assessment meaning that the formulation & treatment prescribed is not suitable.
This might be because the offender is:
Ashamed of what they have done
Is afraid of the consequences.