dealing with offending behaviour Flashcards
Specification: dealing with offending behaviour: the aims of custodial sentencing
what custodial sentencing?
a sentence determined by court, where the offender is punished by serving time in prison or in some other closed therapeutic or educational institute
what is recidivism?
the relapse of a convicted criminal into criminal behaviour
what are the aims of custodial sentencing / how to remember it?
R - retribution
R - rehabilitation
I - incapacitation
D - deterrence
what is retribution?
the criminal is punished by society as revenge for the crime committed, this is based on the biblical concept of an ‘eye for an eye’
what is the aim of retribution for the offender?
it serves to directly punish the offender for their crimes by
removing their freedom
what is the aim of retribution for society?
it serves to show that justice has been done and that retribution has been gained for the victim
discussion about retribution:
it might now be one of the key reasons that prisons still exist, seen as statistics suggest they are not a deterrent and do not rehabilitate
what is rehabilitation?
the use of education and treatment programmes to change offenders’ behaviour and help them return to society
what is the aim of rehabilitation for the offender?
it serves to make changes to the offender’s behaviour so that they will be less likely to commit crimes in the future
what is the aim of rehabilitation for society?
-to protect society from future crimes being committed by the offender
-if makes them a more productive
citizen
evidence FOR the effectiveness of rehabilitation:
Shirley (2019) found that offenders who took part in college education programs in prison were 43% less likely to reoffend on release AND prisons that offered these opportunities recorded less incidents of violent behaviour in the prison. So, prison can be worthwhile as a useful source of rehabilitation.
evidence AGAINST the effectiveness of rehabilitation:
1) HM Chief Inspector of Prisons, 2017, reported that work schemes in prisons are boring, repetitive and do not link to life outside of prison. ↳ in addition these skills are often unrecorded so fail to support employment chances on release from prison
this suggests that the aim of rehabilitation through custodial sentencing is not being met.
2) prisons could also be “universities for crime” - a potential source of information about how to commit crimes with more skill in the future.
→ means that prison may have the opposite effect to rehabilitation
rehabilitation & reoffending;
the fact that reoffending (recidivism rates) are so high suggests that custodial sentencing is not fulfilling the aim of rehabilitation
what is incapacitation?
the imprisonment of offenders
why does the need for incapacitation vary?
the need for incapacitation depends on the severity of the offense and the nature of the offender
(e.g. members of society require more protection from a serial killer than someone who refuses to pay council task)
what is the aim of incapacitation for offenders?
the offender is taken out of society to stop them from reoffending and take away their freedom
what is the aim of incapacitation for society?
to protect the public from the offender’s further crimes
discussion of incapacitation:
this might now be one of the key reasons that prisons still exist, statistics suggest they are not a deterrent and do not rehabilitate
what is deterrence?
the unpleasant experience of prison experience stops people from offending and reoffending
what is the aim of deterrence for the offender?
to prevent recidivism (re-offending) by ensuring that through the unpleasant experience of prison, offenders will be put off committing crimes
what is the aim of deterrence for society?
it attempts to send a broad message to society, that crime won’t be tolerated (general deterrence)
evidence AGAINST the effectiveness of deterrence:
-the recidivism rates of 45% within a year of release in the UK, suggest that prison is not a deterrent
this suggests there are better options for deterrence, rather than prison
what is the main issue of custodial sentencing in the UK?
-the UK and the US have the highest rates of recidivism in the world, whereas Norway has the lowest in Europe
-Norwegian prisons place greater emphasis on rehabilitation and skills development than the UK system
-the most recent recidivism rates in Norway are around 20%
-the UK’s recidivism rates are 45% within a year of release
what type of experience is prison supposed to be?
-prison is not designed to be pleasant
-it is meant to put people off re-offending as they will not want
to go back
what are some of the psychological effects of custodial sentencing?
(mental health)
-depression
-suicide and self harm
-psychotic disorders
effects of custodial sentencing:
depression
-depression is one of the most common psychological problems experienced by prisoners
-this is due to the loneliness and boredom inherent in the prison system
-depression and anxiety are much more common than in the general
population
effects of custodial sentencing:
suicide and self harm
suicide and self-harm are high among prison inmates, particularly
at the beginning of their imprisonment
evidence of suicide and self harm in the prison system:
(Dooley, 1990) - research suggests that suicide among the prison population in the UK is four times higher than in the rest of society
effects of custodial sentencing:
psychotic disorders
heather (1977) - found among a population of Scottish inmates, increased signs of psychotic symptoms such as hallucinations and delusions
what are some of the psychological effects of custodial sentencing?
(not mental health related)
-institutionalisation
-prisonisation
what is institutionalisation?
once adapted to the norms and routines of prison life, inmates may find themselves no longer able to function on the outside, in everyday society
how does institutionalisation link to recidivism?
-institutionalisation could be a reason why people reoffend - to get back into prison for the structure and resources on offer (compared to being homeless or having a poor standard of living in everyday society)
-in this case, the psychological effect of prisons is positive but could lead to a dependency culture
evidence of institutionalisation:
-zimbardo’s prison experiment showed that individuals become influenced by the setting
-they became more submissive and conformed to roles
what is prisonisation?
-prison is its own world with specific unwritten rules and norms, these may be unacceptable in the outside world
-the prisoner’s behaviour and attitudes may change to adopt this innate code
effects of prisonisation:
can lead to recidivism
prison as a university for crime:
prisons could be considered as ‘universities for crime’ and reinforce a criminal lifestyle, this can increase the likelihood of recidivism
what can recidivism be seen as?
a measure of the effectiveness of custodial sentencing
what do high rates of recidivism suggest,?
prison is not working as a deterrent or rehabilitation, these aims of custodial sentencing do not appear to be being met
which factors lead to high recidivism rates?
- institutionalisation (basic needs are met in prison (food, bed, warmth) and there is a sense of belonging. people may reoffend to go back into prison)
- mental health (reoffending can be increased if the inmate has poor mental health/addiction / if these factors are not treated in prison, the offender will be more vulnerable to reoffending)
3) prisonisation (prisoners adopt an inmate code, and are more likely to offend when they lead)
research that proves the link of institutionalisation to recidivism:
Mallot + Fromander (2010)
found that prisoners tend to report a lack of post-release care and support
research that proves the link of mental health to recidivism:
Lovell et al (2002)
70% of a sample of prisoners diagnosed as mentally ill upon release reoffended
how could we deal with recidivism?
-rehabilitation
-anger management
-restorative justice
ao3 relating to recidivism:
there is research to suggest that the mental health of prisoners could underpin high rates of recidivism
ao3 / there is research to suggest that the mental health of prisoners could underpin high rates of recidivism
P - there is research to suggest that the mental health of prisoners could underpin high rates of recidivism
E - coid et al. (2007) found that the mental health of prisoners had a direct effect on recidivism rates
↳ they found that offenders in the UK who received treatment for their mental health problems while in prison were 60% less likely to reoffend than untreated inmates
L - this evidence shows the impact of mental health in prisons on reoffending and shows that we can use this information to reduce recidivism rates in the future
Aims of custodial sentencing
The following excerpt is taken from a prosecution lawyer’s closing statement in court:
I think you’ll agree, ladies and gentlemen of the jury, that Keith Catflap - the notorious serial burglar who stands accused of yet another crime - should be sent to prison for a very long time. As we have seen, he has caused immense suffering to families over the years - now it’s his turn to pay with the loss of his liberty. At least then the public will be safe and he might eventually mend his ways. It might also send a message to others that crimes of this nature do not pay.’
Outline four aims of custodial sentencing. Refer to the closing statement above in your answer.
Retribution - Society is enacting revenge for the crime by making the offender suffer, and the level of suffering should be proportionate to the seriousness of the crime. This is illustrated by the sentence, ‘now it’s his turn to pay with the loss of his liberty’.
Rehabilitation - The objective of prison as not being purely to punish, but to reform through access to development of skills. This is illustrated by the sentence, ‘he might eventually mend his ways’.
Incapacitation - The offender is taken out of society to prevent them reoffending as a means of protecting the public. Incapacitation is illustrated by, ‘At least then the public will be safe’
Deterrence - The unpleasant prison experience is designed to put off the individual (or society at large) from engaging in offending behaviour. Deterrence can be illustrated by, ‘It might also send a message to others that crimes of this nature do not pay.’
The classic illustration of the psychological effects of the prison environment is Philip Zimbardo’s Stanford Prison experiment
(1973), which was described in our Year 1 book. The study demonstrated how quickly ‘prisoners’ conformed to the role they had been assigned, becoming helpless and apathetic in the process. Prisoners (and prison guards) experienced de-individuation - a loss of identity and self-awareness as the experimental role overtook them.
- How does the Zimbardo study illustrate the possible psychological effects of prison?
The loss of personal identity was a key issue in Zimbardo’s study.
The prisoners were de-individuated by being stripped of their individuality - they were given a uniform and a number. Living with strangers who do not know your name, and being dressed like all the other prisoners, led to the weakening of self-identity.
The control exercised by the guards was severe; the prisoners said they disliked the way the guards changed the rules, as this made life unpredictable and unfair. As the environment became more unpredictable, the prisoners showed signs of learned helplessness, they ceased to initiate any action, showed signs of depression and anxiety.
strength of custodial sentencing:
-the opportunity for rehabilitation
ao3 / strength of custodial sentencing - the opportunity for
rehabilitation
P - the opportunity for rehabilitation
E - am aim of custodial sentencing is rehabilitation, approach such as anger management schemes, education and training provide benefits
↳ the aim is to make offenders better people and less likely to
reoffend
L - the potential benefits of rehabilitation are a strength
HOWEVER: offenders aren’t always able to access these programmes / many prisons lack the resources to offer opportunities such as this
↳ this means the potential benefit isn’t achieved
criticisms of custodial sentencing:
-one limitation of custodial sentencing is the psychological effects
-an issue with custodial sentencing is that recidivism rates suggest that
prison does not act as a deterrence
ao3 / criticism - one limitation of custodial sentencing is the psychological effects
P - one limitation of custodial sentencing is the psychological effects
E - the regime of prisons may trigger psychological disorders in those who are vulnerable
↳ heather (1977) - found among a population of Scottish inmates, increased signs of psychotic symptoms such as hallucinations and delusions
↳ (Dooley, 1990) - research suggests that suicide among the prison population in the UK is four times higher than in the rest of society
L - this suggests that custodial sentencing is far from effective in
rehabilitating the individual, particularly those who are vulnerable
ao3 / criticism - an issue with custodial sentencing is that recidivism rates suggest that
prison does not act as a deterrence
P - an issue with custodial sentencing is that recidivism rates suggest that prison does not act as a deterrence
E - recidivism rates in the UK are around 45% (within a year of
release) → to 78% (within 9 years)
↳ this is important because it suggests that the aims of custodial
sentencing are not being met as prison is not acting as a deterrent or
rehabilitating prisoners
L - this also puts greater strain on society in terms of cost for the
economy. results from a government analysis report in 2019, showed that the total estimated economic and social cost of reoffending was £18.1 billion
which approach does custodial sentencing link to?
behaviourist approach:
-custodial sentencing has its roots in operant conditioning ith its emphasis on negative. reinforcement (offenders will, in theory, avoid future offending so as to avoid being imprisoned again)
-the role of punishment is also relevant to the Behaviourist approach i.e. learning by consequence.
Following a series of riots in cities all over England, a politician was
interviewed on the radio. He said, ‘Rioters and looters should be sent
to prison. We must send a clear message that this sort of behaviour is not acceptable. Society expects such behaviour to be severely
punished.’
Briefly discuss two roles of custodial sentencing identified in the
politician’s statement. (4)
[AO1 - 2 marks max]
Deterrence - seeing / experiencing the negative consequence means that the offending behaviour should be avoided in the future (‘We must send a clear message that this sort of behaviour is not acceptable’
** Retribution** – society exacting revenge for unacceptable conduct (‘Society expects such behaviour to be severely punished.’)
[AO3 - evaluation of custodial sentencing – brief = 2 marks]
1) recidivism rates indicate prison does not deter (approximately 70% of young male offenders re-offend within two years or 46% recidivism rates in UK
2) retribution does not change the offender’s behaviour - alternatives
to prison may be better than straightforward punishment, e.g. restorative justice – Recidivism rate suggest that retribution does not work as people reoffend.
3) incapacitation is only temporary in most cases; even people in prison can continue to commit crime so incapacitation is not complete
what are some alternatives to custodial sentencing?
community service, restorative justice
SPEC: treatments for offending vs alternatives for custodial sentencing
alternatives:
-restorative justice programmes
treatments:
-behavioural modification (token economies)
-anger management
what is behaviour modification?
an application of the behaviourist
approach based on the principles of operant conditioning - undesirable behaviours are replaced with desirable ones through the use of positive and negative reinforcement
what is the aim behaviour modification programmes?
they’re designed to reinforce obedient behaviour in offenders, whilst punishing disobedience → this is achieved through the use of a token economy system in prisons
what does a token economy system involve?
desirable behaviours are rewarded with a token (secondary reinforcer) that can then be exchanged for a reward
what is a secondary reinforcer?
a reinforcer that has become one through association of the primary reinforcer (learned or conditioned)
why are tokens secondary reinforcers?
because their value is associated with a future reward
(e.g. exchanging tokens for a phone call to a loved one, time in the gym or outdoor yard, food/cigarettes)
what can undesirable behaviour lead to?
disobedience can result in tokens
being deducted or rewards being withheld as a form of punishment
how can inmate behaviour be changed?
token economies aim to eradicate bad behaviour by rewarding obedient behaviour
steps to change inmates behaviour:
1) desirable behaviour needs to firstly be identified (e.g. avoiding confrontation) and then broken down into small achievable steps
2) all those who come into contact with the inmate must follow the same regime of selective reinforcement (use the same reward/punishment system for each particular inmate)
why is selective reinforcement important?
if officials only reinforce the same specific desirable behaviours, desirable behaviours will be encouraged
strengths of behaviour modification:
-there is supporting evidence for the effectiveness for token economies
-token economy systems are easy to implement
ao3 / strengths of behavioural modification - there is supporting evidence for the effectiveness for token economies
P - there is supporting evidence for the effectiveness for token economies - hobbs and holt (1976)
E - a token economy system was introduced across 3 behavioural
units – a 4th institution for young offenders was used as a control
condition
↳ token economy groups showed a significant difference in the amount of positive behaviour (the same was found in adult institutions)
L - this shows that token economies are successful in modifying
behaviour in prisons
ao3 / strengths of behavioural modification - token economy systems are easy to implement
(+however)
P - token economy systems are easy to implement
E - token economies don’t require extensive staff training, they’re cost effective and easy to follow once methods have been established
L - they are an easier option for treatment than programmes such as anger management treatments, which require a greater amount of training and have an economic benefit
HOWEVER: it has been found that any benefits were lost if staff applied the techniques inconstantly
↳ even though behaviour modification is easy to implement, the system depends on consistency to be effective.
limitations of behaviour modification:
-there is little rehabilitative value
ao3 / criticism of behavioural modification - there is little rehabilitative value
P - there is little rehabilitative value
E - Blackburn (1993) argues that any positive changes in behaviour that occur through the token economy system, may be quickly lost when the offender is released
↳ this may be because law abiding behaviour is not always directly reinforced outside of prison environments
↳ furthermore, the offender may receive rewards for breaking the law, such as group status, and this reinforcement is more powerful. than those offered by prison officials, such as a phone call
L - this is an issue because it means that token economies are limited in their value outside of prison
what is anger management?
a form of CBT that aims to identify the signs that trigger anger, and deal with it in a positive way
what are the aims of anger management?
not to prevent anger, but to recognise it in an offender and manage it
how does novaco link cognitive factors to anger?
novaco (1975) suggests that cognitive factors trigger emotional arousal, such as feeling anxious which results in the development of anger
why does novaco say that violent offences happen?
novaco suggests that since violent offences happen in the first place because offenders cannot deal with their anger in an appropriate way
what is anger caused by in behaviourist terms?
in behaviourist terms, getting angry is reinforced by the individual feeling a lack of control in a given situation
who created anger management programmes?
novaco (1975)
what is the overall goal of anger management programmes?
within prison contexts, the assumption is that crimes occur as a result of anger, anger management should help people stop themselves from carying our crimes in the future
what are the aims of anger management (CBT)?
to teach offenders to:
-recognise their feelings of anger
-control it
-resolve their conflict in a positive way
what are the 3 stages of anger management programmes:
1) cognitive preparation
2) skills acquisition
3) application practice
how to remember the 3 stages of anger management programmes:
Calm - cognitive
People - preparation
Should - skill
Avoid - acquisition
Angry - application
People - practice
what happens during cognitive preparation?
-offenders reflect on past experiences
-with the help of a therapist, the offender learns to identify the situations which act as triggers & acknowledge if their interpretation of the event is irrational
what happens during skill acquisition?
the offenders learn skills to help them manage their anger rather than being ruled by them
examples of techniques learned during skills acquisition:
cognitive techniques:
positive self-talk to promote calmness
behavioural techniques:
training in how to communicate more effectively
physiological techniques:
relaxation/meditation methods
what happens during application practice?
-offenders apply their skills in a controlled and non-threatening environment
-e.g. role-playing scenarios that would usually trigger anger with the therapist
which studies can be used as ao1 for anger management?
Ireland (2000)
aim of Ireland’s (2000) study:
to investigate whether anger management programmes work with a sample of young male offenders
sample of Ireland’s (2000) study:
-a sample of 50 prisoners completed an anger management course while -the control group consisted of 37 prisoners who were assessed but did not complete the course
method of Ireland’s (2000) study:
a Wing Behavioural Checklist (WBC) was completed by officers before and after the treatment / the Anger Management Assessment questionnaire was also done before and after the treatment
results of Ireland’s (2000) study:
-all who had completed the anger management programme showed a
decrease in self-reported anger
-there were lower levels of anger reported in the WBC
conclusion of Ireland’s (2000) study:
overall, the results indicate that in the short term instance of Ireland’s
research, there is positive evidence to support the use of anger management programmes
behaviour modification vs anger management
-use for everyday behaviours (bm) vs only for anger (am)
-only used in prison (bm) vs can take place in any setting (am)
-passive receiver of reinforcement (bm) vs active role in change (am)
-unlikely to work out of prison (bm) vs could permanently change behaviour outside of prison (am)
-no training needed (bm) vs needs trained professionals (am)
-only uses behaviourist approach (bm) vs uses many approaches (am)
strengths of anger management programme:
-anger management has positive outcomes and is effective (at least in the short term)
-anger management attempts to tackle the causes of offending
ao3 / strength of anger management - anger management has positive outcomes and is effective (at least in the short term)
P - anger management has positive outcomes and is effective (at least in the short term)
E - in Keen et al.’s (2000) study, offenders reported increased awareness of their anger and an increased capacity to control it
↳ in Ireland’s (2004) study, the experimental groups showed improvements in interviews, assessments made by prison staff and in self-report methods.
L - this shows there is positive evidence for the use of anger Management programmes.
ao3 / strength of anger management - anger management attempts to tackle the causes of offending
P - anger management attempts to tackle the causes of offending and therefore may be more effective at treating offending behaviour than behaviour modification
E - It attempts to address the underlying thought processes rather than focusing on superficial surface behaviour (beh modification)
↳ anger management may give offenders new insight into the causes of their criminality and enable them to discover ways to manage themselves outside of prison
L - From this point of view, it is logical to assume that anger management is more likely than behavioural modification to lead to permanent behavioural change and lower rates of recidivism (reoffending)
criticisms of anger management programme:
-an issue with anger management is the lack of evidence for long term effectiveness
-anger may not be the cause of offending
ao3 / limitation - an issue with anger management is the lack of evidence for long term effectiveness
P - an issue with anger management is the lack of evidence for long term effectiveness
E - Blackburn (1993) points out that, whilst anger management may have a noticeable effect on the conduct of offenders in the short-term, there is little evidence that it reduces recidivism (reoffending) in the long-term
↳ this may be because role play treatments cannot reflect all possible triggers present in a given situation and therefore, the offender may not be able to apply their newly acquired skills in every scenario
L - this questions the effectiveness of anger management programmes
ao3 / limitation - anger may not be the cause of offending
P - anger may not be the cause of offending
E - the relationship between anger and violence is complex and hasn’t
been extensively researched
↳ Loza and Loza-Fanous (1999) argue that the research links made between anger and violence are limited because they make use of self-reported explanations of an
offenders’ motivations in committing violent crime, which may not be reliable
L - the prisoner can blame their offending behaviour on anger problems and stop taking responsibility for their actions.
→ therefore, anger management programmes could do more harm than good
what is restorative justice?
a system for dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims
how does restorative justice aim to affect the offender and victim?
-it aims to help the offender see the impact of their crimes
-it aims to give the victim a voice
what is the RJC?
an independent body who’s role it is to establish standards for the use of restorative justice and support survivors
what are the key features of restorative justice?
-a meeting
-active roles
-responsibity
restorative justice: meetings
a supervised meeting is organised between the offender and victim with a trained mediator
what happens during a restorative justice meeting?
-the victim is given the opportunity to confront the offender and explain how the incident affected them
-the offender is able to directly see the consequence of their actions & the emotional distress it has caused the victim
responsibility during restorative justice meetings:
-there is a focus on the offender accepting responsibility (takes an active role in the emotional distress)
where can restorative justice meetings take place?
-in the courtroom
-in a mediation room
-indirectly (the parties can’t see eachother)
when can restorative justice occur?
before, during or alternative to a prison sentence
what is restitution?
-the offender may pay back the survivor (financially and or emotionally)
-the payment reflects the psychological or physical damage done
(e.g. in the case of a break in, the offender may offer a sum of money to ‘pay back their crime’)
strengths of restorative justice:
-it appears to have positive outcomes
-RJ does seem to lead to a decrease in recidivism (+however)
ao3 / strength of restorative justice - it appears to have positive outcomes
P - it appears to have positive outcomes
E - shapland et al. (2008) reported the results of a major seven year research project → 85% of survivors reported satisfaction with the process of meeting their offender face to face / 78% would recommend it to other people /about 60% of the survivors said they felt better about the incident - enabling them to feel closure and move on
L - this suggests that restorative justice achieves some of it’s aims, helping survivors of crime with the aftermath of the incident.
ao3 / strength of restorative justice
- RJ does seem to lead to a decrease in recidivism (+however)
P - RJ does seem to lead to a decrease in recidivism (+however)
E - a meta-analysis of 10 studies by Heather Strang (2013) compared offenders who experienced face to face RJ with those who just experienced custodial sentencing.
↳ the RJ group was significantly less likely to reoffend
L - this suggests that RJ has a positive impact on recidivism
HOWEVER: restorative justice schemes suffer from high drop-out rates due to them being extremely emotional, reducing the benefit and making it less cost effective
limitations of restorative justice:
-that the success of the programme may hinge on the extent to which the offender genuinely feels remorse for their actions
ao3 / limitation of restorative justice - success hinges on the extent to which the offender genuinely feels remorse for their actions
P - that the success of the programme may hinge on the extent to which the offender genuinely feels remorse for their actions
E - there is a danger that some offenders may take part in the scheme to avoid prison or for the promise of a reduced sentence, rather than wanting to make amends to the victim
L - this could mean that restorative justice programmes may only lead to ‘surface level’ positive outcomes, in these cases, it wouldn’t affect the mindset of the criminal and wouldn’t reduce recidivism
