Forensic Psyc Criminal Offenders Flashcards
Sentencing:
the imposition of a penalty
upon a person convicted of a crime.
• Our beliefs about the causes of crime
influence our sentencing rationale
History of Crime and Sentencing
The mentality of centuries ago held that
crime was due to sin, and the suffering was
the culprit’s due.
• Judges were therefore expected to be harsh
and they would often sentence criminals to
capital punishment, torture, and other
painful physical penalties
Late 18th-early 19th centuries:
Enlightenment philosophers put an emphasis
on deterrence through rational punishment.
Severity of punishment became less
important than quick, certain penalties
Early 20th century:
Focus on rehabilitation,
based largely on Positivist philosophies
Recent thinking has emphasized the need to
limit offenders’ potential for future harm by
separating them from society
Modern sentencing practices are
influenced by five goals:
- Retribution
- Incapacitation
- Deterrence
- Rehabilitation
- Restoration
- Retribution
• The act of taking revenge upon the criminal perpetrator. • Predicated upon a felt need for vengeance • Goal: Satisfaction
Retribution: Then
• In early societies death and exile were
commonly imposed for relatively minor
offences
• “An eye for an eye, a tooth for a tooth”,
often cited as justification for retribution
was actually intended to reduce the
severity of punishment for minor
crimes.
Retribution: Now
• “Just desserts” model of retribution: Criminals deserve the punishments they receive at the hands of the law, and that punishment should be appropriate to the type and severity of the crime
- Incapacitation
• The use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offences. • This rationale seeks to protect innocent members of society from offenders who might do them harm if they were not prevented in some way. • Goal: Protect innocent
Incapacitation: Then
In ancient times mutilation and
amputation of the extremities to
prevent offenders from repeating
crimes
Incapacitation: Now
• Lock ‘em up approach • Goal: restraint, not punishment • Electronic confinement • Biomedical intervention (e.g., chemical castration)
Deterrence
• 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
Specific deterrence
seeks to prevent a
particular offender from recidivism (repeat
offences).
• General deterrence
seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.
Rehabilitation
The attempt to reform a criminal offender. Rehabilitation seeks to bring about fundamental changes in offenders and their behaviour. • Goal: reduce future crime
Rehabilitation: History
• 1930s: Therapists such a Freud entered popular culture. Psychology introduced the possibility of a structured approach to rehabilitation through therapeutic intervention • 1970s: ‘Nothing works’ philosophy. Studies on recidivism showed that rehabilitation didn’t work