Forensic Psychology Flashcards
1
Q
Offender Profiling
A
- Is a tool employed by the police to narrow down the list of likely suspects
- OP is based on the idea that the characteristics of the offender can be deduced from details of the offence + crime scene
- Profiling methods usually involve scrutiny of the crime scene + analysis of evidence (e.g. witness reports) to generate a hypothesis about the probable characteristics of the offender (age, background, occupation etc)
2
Q
Top Down Approach
A
- Templates of organised offender + disorganised offender are pre-existing in the mind of the profiler
- Evidence from crime scene + other details of the crime/victim/context are then used to fit the offender into 1 of the 2 pre-existing categories + determine the offender as one of the types
3
Q
Organised Offenders
A
- These offenders show evidence of having planned the crime in advance + the victim is deliberately targeted + has a preference for a certain type of victim
- They maintain a high level of control during the crime + operate with surgical precision + little evidence left behind at the crime scene
- Offenders tend to be above average intelligence + in a skilled profession + are socially and sexually competent + often married and have children
4
Q
Disorganised Offenders
A
- These offenders show little evidence of planning suggesting the offence may have been spontaneous
- Crime scene tends to reflect the impulsive nature of the attack + body is usually left at the scene + appears to have been very little control on the part of the offender
- Offender tends to be of lower than average intelligence + be in unskilled work or unemployed + often have a history of sexual dysfunction or failed relationships + tend to live alone + often relatively close to where the offence took place
5
Q
Disadvantage of Top Down Approach (1) - limited application
A
- TD profiling only applies to certain crimes e.g. rape, arson, cult killings + murders that involve macabre practices such as sadistic torture, dissection etc
- Common offences such as burglary don’t lend themselves to TD profiling because the crime scene reveals very little about the offender
6
Q
Disadvantage of Top Down Approach (2) - unrepresentative
A
- The organised or disorganised distinction was developed based on interviews with 36 serial killers in the USA
- Critics have pointed out that this is too small + unrepresentative sample to base a typology system
7
Q
Disadvantage of Top Down Approach (3) - self report
A
- TD profiling was developed based on interviews with 36 sexually motivated serial killers including Ted Bundy and Charles Manson
- Canter argued that it’s not valid to rely on self report data from convicted serial killers when constructing a classification system
8
Q
Disadvantage of Top Down Approach (4) - types of serial killers
A
- The organised or disorganised distinction is overly simplistic
- Holmes (1989) suggests there are 4 types of serial killers:
1. Visionary serial killer - kill because God or the Devil is directing them to + suffer from psychosis
2. Mission serial killer - kill to eradicate a group of people they consider to be undesirable
3. Hedonistic serial killer - kill for the thrill + sexual pleasure
4. Power serial killer - kill to have complete control over the victim
9
Q
Bottom Up Approach
A
- Was developed in the UK
- Aim of this approach to generate a picture of the offender including their likely characteristics, routine behaviour + social background
- This is achieved thru systematic analysis of evidence left at the crime scene
- BU approach doesn’t begin with fixed typologies (as the TD approach does) instead the profile is data driven + the profiler engages in rigorous scrutiny of the details of the offence
10
Q
Investigative Psychology
A
- Aim of investigative psych is to establish behaviours that are likely to occur at certain crime scenes
- This is done to create a statistical database which then acts as a baseline for comparison
- Specific details of an offence can then be matched against this database in order to reveal statistically probable details about the offender (their personal history, family background etc)
- This can help determine whether multiple offences are linked + likely to have been committed by the same individual
11
Q
Interpersonal coherence
A
- Is a concept central to investigative psych
- The way in which an offender behaves at a crime scene + how they interact with the victim may reflect their behaviour in everyday situations
- E.g. whilst some rapists want to control + humiliate their victims others can be apologetic
- This might tell the police how the offender relates to women more generally
- The significance of time and place of the crime is also a key variable + may indicate where the offender lives
12
Q
Forensic Awareness
A
- Describes individuals who have made an attempt to cover their tracks e.g. hide the body/murder weapon or clean the crime scene
- Their behaviour may indicate that they have been subject of police interrogation in the past or even that the police already have their DNA or fingerprints on file
13
Q
Geographical profiling
A
- Is the study of spatial behaviour in relation to crime + offenders
- It focuses on the location of the crime as a clue to where the offender lives, works and socialises
- Relevant data includes the crime scene, local crime stats, local transport and geographical spread of similar crimes
- The assumption is that a serious offender will restrict their criminal activities to an area they are familiar with + the offenders base will therefore be in the middle of the spatial pattern of their crime scenes
- Earlier crimes are likely to be closer to the offenders base than later crimes
- As an offender becomes more confident they will travel further from their comfort zone
14
Q
Canter and Larkin (1993) propose 2 models of offender behaviour:
A
- The marauder - who operates close to their home
- The commuter - who is likely to have travelled a distance away from their home
- The spatial pattern of their crime scenes will still form a circle around their home
- This becomes more apparent the more offences that are committed
- The spatial pattern of a crime can also tell the police whether the crime is planned or opportunistic + other important facts about the offender e.g. mode of transport, employment status, approximate age etc
15
Q
Advantage of Bottom Up Approach (1) - more scientific
A
Canter argues that BU profiling is more scientific than TD profiling because it is more grounded in evidence and psychological theory + less driven by speculation and hunches than TD profiling
16
Q
Advantage of Bottom Up Approach (2) - wide application
A
BU profiling unlike TD profiling can be applied to a wide variety of offences such as burglary and theft as well as murder and rape
17
Q
Disadvantage of Bottom Up Approach (1)
A
- Copson (1995) surveyed 48 police forces + found that the advice provided by a profiler was judged to be useful in 83% of cases
- But in only 3% of cases did it lead to the accurate identification of the offender
- Kocsis (2002) found that chemistry students produced a more accurate offender profile than experienced senior detectives
- This implies that the BU approach is little more than common sense and guess work
18
Q
Disadvantage of Bottom Up Approach (2)
A
- There have been some significant failures when using BU profiling
- In 1992, 21 yo Rachel Nickell was stabbed 47 times + sexually assulated in a frenzied attack on Wimbledon Common
- In 2008, following examination of forensic evidence Robert Napper was convicted of the murder
- He had been ruled out early on in the inital investigation because he was several inches taller than the profile had claimed the offender would be
19
Q
Historical Approach to Offending
A
- In 1876, Lombroso (an Italian physician) wrote a book in which he suggested that criminal were genetic throwbacks, a primitive sub species who were biologically different from non criminals
- Offenders were seen by Lombroso as lacking evolutionary development + their savage and untamed nature meant that they would find it impossible to adjust to the demands of civilised society + inevitably turn to crime
- Lombroso saw criminal behaviour as a natural tendency rooted in the genealogy of those who engaged in it
20
Q
Atavistic Form
A
- Lombroso argued that the criminal sub species could be identified by a set of physiological characteristics that were linked to particular types of crime
- These were biologically determined atavistic characteristics mainly features of the face and head + which indicate that criminals are physically different from the rest of us
21
Q
Atavistic
A
Meaning reversion to something ancestral
22
Q
Features of the atavistic form:
A
- In terms of cranial characteristics, the atavistic form included: a narrow sloping brow, a strong prominent jaw, high cheekbones, facial asymmetry, dark skin, extra toes, nipples or fingers
- Murders were described as having: bloodshot eyes, curly hair, long ears
- Sexual deviants as having glinting eyes, swollen/fleshy lips + projecting ears
- Lips of fraudsters were thin and reedy
- Besides physical traits Lombroso also suggested that there were other characteristics including insensitivity to pain, use of criminal slang, tattoos, unemployment
23
Q
Lombroso’s research
A
- He examined the facial + cranial features of Italian convicts (both living and dead) + proposed that the atavistic form was associated with a no of physical anomalies which were key indicators of criminality
- In total he examined the skulls of 383 dead criminals and 3839 living ones + concluded that 40% of criminal acts could be accountable by the criminal subculture
24
Q
Advantage of Atavistic Form (1) - shift
A
- The atavistic form has an important role in the shift away from theories based on feeble-mindedness, wickedness + demonic possession
- It was the forerunner to most biological explanations (of evolutionary influences + genetics)
25
Disadvantage of Atavistic Form (1) - *racist*
- Several critics have drawn attention to the distinct racist undertones in Lombroso’s work
- Many of the features he described e.g. dark skin + curly hair are most likely to be found in people of African descent
- His claim that atavistic characteristics were uncivilised, savage, primitive supported the eugenic philosophy
26
Disadvantage of Atavistic Form (2) - *control group*
- Lombroso didn’t compare his criminal sample to a non-criminal control group
- If he had done so then the differences he reported may have disappeared
27
Disadvantage of Atavistic Form (3) - *poverty*
- Even if criminals have atavistic characteristics this does not necessarily mean that these characteristics cause their criminal behaviour
- Facial and cranial features can be influenced by poverty, poor diet which could also lead people to crime
28
Genetic Explanations (GE)
- GE for crime suggest that potential offenders inherit a gene or combination of genes that predisposes them to commit crime
- Criminal behaviour could be polygenic (means that no one single gene is responsible for offending)
- Instead many genes might be responsible for causing criminal behaviour known as candidate genes
29
Lange (1930) - GE
- Investigated 13 monozygotic (identical) twins + 17 dizygotic (non-identical) twins
- At least 1 of the twins in each pair had served time in prison
- 10 of the 13 pairs of MZ twins had both spent time in prison whereas only 2 of the 17 pairs of DZ twins had both spent time in prison
30
Tilhonen (2014) - GE
- Conducted a genetic analysis of over 900 Finnish offenders which revealed abnormalities on 2 genes that may be associated with violent crime
- First was MAOA gene - controls dopamine + serotonin in the brain + has been linked to aggressive behaviour
- Second was CDH13 gene - has been linked to susbstance abuse + attention deficit disorder
- Within the Finnish sample individuals with this high risk combination of genes were 13 times more likely to have a history of violent behaviour compared to a control group
31
Diathesis stress model
- Holds that genetics influence criminal behaviour but this is at moderated by the effects of the environment
- A tendency towards criminal behaviour may come thru a combination of genetic predisposition + biological or psychological triggers such as being raised in a dysfunctional environment
32
Neural Explanations - NE
- Evidence suggest that there may be neural differences in the brains of criminals compared with non criminals
- Much of the evidence in this area has investigated individuals diagnosed with anti social personality disorder (ASPD)
- ASPD is associated with reduced emotional responses + lack of empathy, a condition that characterises many convicted criminals
33
Raine (2000) - NE
- There are several dozen brain imaging studies demonstrating that individuals with ASPD have reduced activity in the pre frontal cortex of the brain
- This is the brain area that regulates emotional behaviour
- Raine found an 11% reduction in the volume of grey matter in the prefrontal cortex of people with ASPD compared to a control group
34
Keysers (2011) - NE
- Recent research has suggested that criminals with ASPD can experience empathy but that they do so more sporadically than the rest of us
- Keysers found that only when criminals were asked to emphathise (with a person on a film experiencing pain) their empathy reaction (controlled by mirror neurones in the brain) activated
- This suggested that ASPD individuals aren’t totally without empathy but may have a neural switch that needs to be turned on to experience it
- In a normal brain the empathy switch is permanently switched on
35
Disadvantage of Genetic and Neural Explanations (1) - *concordance rates*
- Concordance rates of MZ twins are not high + leave plenty of room for non genetic environmental factors
- Concordance rates may be due to shared learning rather than genetics
36
Disadvantage of Genetic and Neural Explanations (2) - *vague*
- The term offending behaviour is too vague
- Some specific forms of crime may be more biological than others e.g. physical aggression
37
Disadvantage of Genetic and Neural Explanations (3)
- The genetic and neural explanations of criminal behaviour is an example of biological reductionism
- Criminality is complex + explanations that reduce offending behaviour to a gene or imbalanced neurotransmitter may be inappropriate and overly simplistic
- Criminal behaviour does seem to run in families but so does emotional instability, mental illness, social deprivation, poverty
- Twin studies never show 100% concordance rates in MZ twins so genetics can’t be the only explanation for criminal behaviour
38
Disadvantage of Genetic and Neural Explanations (4)
- The genetic and neural explanation of criminal behaviour is also an example of biological determinism
- This presents us with a dilemma for our legal system
- If someone has a criminal gene they can’t have personal + moral responsibility for their crime
- If this is the case it would be unethical to punish someone who doesn’t have free will
39
Eysenck (1947) proposed that behaviour could be represented along 2 dimensions:
- Introversion/extraversion and neuroticism/stability
- The 2 dimensions combine to form a variety of personality traits
- Eysenck later added a third dimension - psychoticism
40
General Personality Theory
- According to Eysenck our personality traits are biological in origin + come about thru the type of nervous system we inherit from our parents
- Therefore all personality types including the criminal personality type have an innate biological basis
41
Extraverts nature
- Have an underactive nervous system so they are constantly seeking excitement and stimulation + may engage in risk taking behaviour
- Difficult to condition + so don’t learn from their mistakes
42
Neurotics nature
Individuals tend to be nervous, jump and over anxious + their general instability means their behaviour is often difficult to predict
43
Criminal personality type
- A criminal personality type of neurotic-extravert
- A combination of all of the characteristics and behaviours of extraversion and neuroticism
- In addition Eysenck suggested a typical offender will also score highly on psychoticism - cold, unemotional and prone to aggression
44
Socialisation
- In Eysenck’s theory personality is linked to criminal behaviour via socialisation
- Eysenck saw criminal behaviour as developmentally immature in that it is selfish + concerned with immediate gratification
- During socialisation children are taught to delay gratification + be socially orientated
- Eysenck believed that people with high extraversion and neuroticism scores had nervous systems that made them difficult to condition as a result they will not easily learn to respond to their anti social impulses with anxiety
- Consequently they are more likely to act anti socially in situations where the opportunity presents itself
45
Eysenck Personality Inventory
- Eysenck developed the psychological test which located respondents along the extraversion and neuroticism dimensions to determine their personality type
- A later scale was introduced that is used to measure psychoticism
46
Disadvantage of Eysenck Theory (1)
- Farmington (1982) reviewed several studies + reported that offenders tended to score higher on psychoticism but NOT on extraversion and neuroticism than non offenders
47
Disadvantage of Eysenck Theory (2)
- The idea that all offending behaviour can be explained by a single personality type has been heavily criticised as being simplistic
- Crime is too varied + complex of a behaviour to be due to one single personality type
- The type of individual who commits murder is likely to be very different to one who commits fraud
48
Disadvantage of Eysenck Theory (3)
- Eysenck theory is out of step with modern personality theory
- Digmans (1990) Five Factor Model of personality suggests openness, agreeableness and conscientiousness are important personality dimensions in addition to extraversion and neuroticism
- Using this model multiple combinations are available
49
Disadvantage of Eysenck Theory (4)
- Eysenck’s theory is based on the idea that it is possible to measure personality through psychological tests
- Critics have argued personality may not be reducible to a score in this way
- Many psychologists believed there is no such thing as stable personality
- On a daily basis peoples personality changes depending on who they are with + the situation they are in
50
Moral reasoning
Refers to the process where an individual draws upon their own value system to determine whether an action is right or wrong
51
Kohlberg (1973) - Moral Reasoning
- Proposed that the quality of people’s judgments of right and wrong can be summarised by a stage theory or moral development
- He based his stages on people’s response to moral dilemmas
52
Moral reasoning levels
- Offenders are more likely to have moral reasoning (MR) classified
- This means that a person is punishment oriented and reward oriented
- This is immature reasoning which typically lasts from ages 3-7
- Teenagers and adults who still reason in this way may commit crime if they can get away with it and/or gain rewards (money etc)
53
Punishment orientated
Reasoning based on whether or not the act will lead to punishment
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Reward orientated
Reasoning based on what can be gained
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Level 1 of moral reasoning - Pre conventional
Individual shows concern for self interest and external rewards + punishments (WORST)
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Level 2 of moral reasoning - Conventional
Individual does what is expected of them by others
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Level 3 of moral reasoning - Post conventional
Individual develops more autonomous decision making based on principles of right + justice (BEST)
58
Advantage of moral reasoning
- Palmer and Hollin (1998) compared moral reasoning between 210 female non offenders, 122 male non offenders and 126 convicted offenders using 11 moral dilemmas e.g. not taking things that belong to others
- The offenders showed less mature moral reasoning than the non offenders
59
Disadvantage of moral reasoning
- The level of moral reasoning may depend on the type of offence
- Thornton and Reid (1982) found that individuals who committed crimes for financial gains e.g. a robbery were more likely to show pre conventional reasoning than those convicted of impulsive crimes (assault) where no reasoning was evident
60
Cognitive distortions
Are faulty + irrational ways of thinking that make people perceive themselves, other people and the world inaccurately + often thinking negatively
61
Hostile attribution bias
- Is the tendency to judge ambiguous situations or the actions of others as aggressive or threatening when in reality they are bot
- Offenders may misread non aggressive cues + this may trigger a disproportionate, violent response
- It can lead to the offender blaming the victim for having ‘started it’
62
Minimalisation
- Is when a criminal believes that their crime was trivial + downplays the impact of their crime on their victims
- This is a common strategy that people use to avoid feeling guilt
- Offenders often use euphemisms for their offences e.g. a burglar may say they have been doing a job
- Sex offenders are in particular prone to minimalisation
63
Advantage of cognitive distortions
- Understanding the nature of cognitive distortions has proven beneficial in the treatment of criminal behaviour
- The dominant approach in the rehabilitation of sex offenders is cognitive behavioural therapy (CBT)
- This encourages offenders to face up to what they have done + establish a less distorted view of their actions
- A reduced incidence of cognitive distortions in therapy is highly correlated with a reduced risk of offending
64
Disadvantage of cognitive distortions (1)
- One key failing with the cognitive approach is that whilst it explains thinking, it cannot account for the source of these thoughts
- Is it nature or nurture?
65
Disadvantage of cognitive distortions (2)
- Cognitive distortions cannot be observed or measured
- This means the cognitive explanation of criminal behaviour is not scientific
66
Differential Association Theory
- This explanation of offending proposes that offending depends on the norms/values of the offenders social group
- Offending is more likely to occur where the social group values deviant behaviour
67
Sutherland (1924)
- When a person is socialised into a social group they will be exposed to the groups norms/values towards the law
- Some groups will be pro crime, some will be anti crime
- He argues that if the no of pro criminal attitudes outweigh the number of anti criminal attitudes then they will become an offender
68
Learning process
- The learning process is the same whether the person is learning criminality or conformity to the law
- Learning can occur through imitation, vicarious reinforcement, direct reinforcement or direct imitation from criminal peers
69
Differential association suggests that:
- It should be possible to mathematically predict how likely it is that someone will commit crime if we have knowledge of the frequency, intensity + duration of which they have been exposed to criminal and non criminal norms and values
- In addition to being exposed to pro criminal attitudes the potential offender may also learn particular techniques for committing crime
- These might include how to pick locks, hot wire a car etc
70
Sutherland can account for
- Why so many convicts released from prison go on to reoffend
- It is reasonable to assume that whilst in prison inmates will learn specific offending from more experienced criminals that they then put into practice upon their release
71
Advantage of Differential Association Theory (1)
- This theory is able to account for crime within all sectors of society
- While Sutherland recognised that some types of crime such as burglary may be clustered within inner city, working class communities
- It is also the case that some crimes are most prevalent among affluent groups
- White collar (referred to as corporate crime) is a feature of middle class social groups
72
Advantage of Differential Association Theory (2)
- Sutherland was successful in moving the emphasis away from early biological explanations of crime (i.e. Lombroso) + those explanations which saw offending as being the product of individual weakness or immorality
- DAT draws attention to the role of dysfunctional social circumstances + environments in criminality
73
Disadvantage of Differential Association Theory (1)
- DAT is difficult to test scientifically + most of the evidence to support it is correlational (doesn’t demonstrate cause + effect)
- How can the pro crime attitudes a person has been exposed to be measured?
- Similarly the theory is built on the assumption that offending behaviour will occur when pro criminal values outnumber the anti criminal ones
- However without being able to measure these values it is difficult to know at what point the urge to offend will trigger a criminal career
74
Disadvantage of Differential Association Theory (2)
- Not everyone who is exposed to criminal influences goes on to commit crime
- There is a danger that this theory could stereotype individuals who come from impoverished, crime ridden backgrounds as unavoidably criminal
- This theory ignores that people might choose not to offend despite criminal influences + ignore peoples free will
- For example offenders may seek out people with criminal values rather than being passively influenced by them
75
Inadequate Superego
The superego along with the id and ego make up personality
76
Id
- Operates on the pleasure principle
- It wants immediate gratification regardless of morality
77
Ego
- The ego mediates between the impulsive demands of the id with the reality of the external world
- It therefore operates on the reality principle
- It may delay the gratification that the id wants until there is a more appropriate opportunity to satisfy its demands
- The ego must also compromise between the impulsive demands of the id + the moralistic demands of the superego
78
Superego
- Operates on the morality principle
- It contains our conscience + the internalisation of societal rules
- It determines which behaviours are morally acceptable + causes feelings of guilt when rules are broken or pride when we exhibit moral behaviour
- It is the last aspect of personality to form
- Develops at the end of the phallic stage of psychosexual development at 3-6 yo
- The major conflict of this stage is Oedipus complex or Electra complex
79
Oedipus complex
- The male child unconsciously wishes to possess their mother + get rid of their father
- As a result of this desire boys experience castration anxiety + they fear their father will remove their penis to punish them for their desire of their mother
- In an attempt to resolve this anxiety the child identifies with their father + will eventually internalise their fathers superego, creating their own
80
Electra complex
- Girls go thru a similar process to boys
- They don’t have castration anxiety + they don’t internalise their mothers superego to the same extent + so their own superego is less well developed than a male superego
81
Blackburn (1993) argued
That if the superego is somehow deficient or inadequate then criminal behaviour is inevitable as the id is not properly controlled
82
3 types of inadequate superego have been proposed
1. Weak Superego - if the same sex parent is absent during the phallic stage the child can’t internalise a fully formed superego as there is no opportunity for identification + this would make offending behaviour likely
2. Deviant Superego - if the superego that the child internalised has immoral or deviant values this can lead to offending behaviour
3. Over-Harsh Superego - A healthy superego has rules but is also forgiving of transgressions + an excessively punitive superego means an individual is crippled by guilt and anxiety + this may unconsciously drive the individual to perform criminal acts in order to satisfy the superego’s need for punishment
83
Disadvantage of Inadequate Superego (1) - *females*
- An assumption of the psychodynamic approach is the idea that girls develop a weaker superego than boys
- The implication is that females should be more prone to criminal behaviour
- This is simply not supported by crime statistics
84
Disadvantage of Inadequate Superego (2) - *Hoffman*
- Hoffman (1975) tested children’s ability to resist temptation
- He hardly found any gender difference although girls were slightly more moral than boys
85
Disadvantage of Inadequate Superego (3) - *same sex parent*
There is very little evidence that children raised without a same-sex parent are less law abiding as adults or have less of a conscience
86
Disadvantage of Inadequate Superego (4) - *deviant parents*
If children raised by deviant parents go on to commit crime themselves this could be due to genetics or learning rather than a deviant superego
87
Custodial Sentencing (CS)
Involves a conceived offender spending time in prison or another closed institution such as young offenders institute or psychiatric hospital
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Aim of Custodial Sentencing - Deterrence (1)
- The unpleasant prison experience is designed to put off an individual from engaging in offending behaviour in the future
- Deterrence works on 2 levels: general and individual
- General deterrence aims to send a broad message to society that crime will not be tolerated
- Individual deterrence should prevent the individual from repeating the same crime
89
Aim of Custodial Sentencing - Incapacitation (2)
- The offender is taken out of society to prevent them from reoffending as a means of protecting the public
- The need for incapacitation depends on the severity of the offence + the nature of the offender
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Aim of Custodial Sentencing - Retribution (3)
- Society is getting revenge for the crime by making the offender suffer
- The level of suffering should be proportionate to the crime
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Aim of Custodial Sentencing - Rehabilitation (4)
- Upon release prisoners should be better adjusted + ready to take their place in society
- Prison should provide opportunities to develop skills, receive training or to access treatment programs for addiction + receive counselling + have an opportunity to reflect on their crime
92
Research has revealed several psychological effects associated with serving time in prison:
1. Psychological Disorders
2. Institutionalisation
3. Brutalisation
4. Labelling
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Psychological Disorders (1)
- Prisons have higher incidences of mental illnesses such as depression, anxiety, self harm, suicide and low self esteem
- A study by the Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported symptoms of psychosis
- The oppressive prison regime can trigger psychological disorders
94
Institutionalisation (2)
Spending time in prison leads to a lack of autonomy, conformity to the role of a prisoner + dependency on prison culture
95
Brutalisation (3)
- Prison acts as a school for crime + reinforces criminal lifestyle and norms
- This leads to high recidivism, 70% of young offenders reoffend within 2 years
96
Labelling (4)
- Prisoners often lose touch with previous social contacts + find it difficult to gain employment because they are labelled as a criminal
97
Advantage of Custodial Sentencing - *useful*
- CS can be useful as it shows that justice has been done + limits the danger to the public
- Many prisoners access education and training in prison increasing the chance they will find employment upon release
- Also treatment programs such as anger management therapy + social skills training may help offenders modify their behaviour + so avoid reoffending
98
Disadvantage of Custodial Sentencing (1) - *suicide*
- Suicide rates are 15% higher in the prison population than the general population
- However it is difficult to demonstrate that psychological disorders are caused by imprisonment
- Prisoners with psychiatric conditions may have had problems before they were institutionalised
99
Disadvantage of Custodial Sentencing (2) - *court*
- The courts need to be selective about who they send to prison
- 8-10% of criminals commit 50% of all crimes (Peterson 1981)
- CS is best reserved for these repeat offenders
100
Disadvantage of Custodial Sentencing (3) - *crime prevention*
- Crime prevention is more effective than CS because it avoids labelling a person as a criminal + avoids the negative consequences of prison
- Alternative sentences such as community service are more effective for low risk offender because they can keep their social contacts + their job
101
Behaviourist Approach (BA)
- If we accept the argument put forward by the BA - that all human behaviour is learnt - then it stands to reason that behaviour can be unlearnt
- This should be achievable using the same principles that were used to learn the behaviour in the first place
102
Behaviour Modification (BM)
- Is a behavioural therapy based on principles of operant conditioning
- It involves the systematic use of positive and negative reinforcement for desired behaviours
103
Token economy
- Is a form of BM used in prisons
- Desirable behaviour is reinforced with a token which can be exchanged for a reward
- Desirable behaviour in prison is likely to include avoiding conflict, following prison rules, keeping your cell orderly etc
104
Tokens
- Tokens are secondary reinforcers because they can be exchanged for a reward (the primary reinforcers)
- The rewards e.g. phone call to loved one, time in the gym, access to a computer, extra cigarettes or extra food
- The desirable behaviour + available rewards are made clear to the prisoners before they start the programme
- It is also emphasised that non-compliance or disobedience will result in the tokens being withheld (negative punishment)
105
Increments
As with all BM programmes, the desirable behaviour is identified + then broken down into smaller steps called increments
106
Selective reinforcement
- All those who come into contact with the offender must follow the same regime of selective reinforcement - a particular prisoner is rewarded for particular actions
- The whole programme is overseen by a prison official who is able to monitor the programme’s effectiveness on the management of the prison as a whole + on the behaviour of individual offenders
107
Advantage of Behaviour Modification
- Token economy is easy to administer, it doesn’t require expert professionals or specialised equipment
- It can be implemented by anyone in the prison
- It is also cost effective + easy to follow once the method of reinforcement has been established
108
Disadvantage of Behaviour Modification (1) - *staff*
- Token economy doesn’t work if staff are not consistent
- Sometimes a lack of appropriate training or high staff turnover make consistency problematic
109
Disadvantage of Behaviour Modification (2) - *unethical*
- Critics of token economy have suggested that it is unethical
- In some prisons, participation in the scheme is compulsory
- Although ultimately the offender can decide whether or not to obey the rules, the withdrawal of privileges such as exercise and contact with loved one can be physically + psychologically harmful
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Disadvantage of Behaviour Modification (3) - *surface*
- BM only deals with surface behaviour
- Others treatments go deeper + require offenders to reflect on the cause of their offending + take responsibility for their rehabilitation
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Cognitive Behavioural Therapy (CBT)
- Novaco (1975) suggests that cognitive factors trigger the emotional arousal which usually lead to aggressive acts
- His argument is that in some people anger is too quick to surface especially in situations that they find threatening but actually aren’t (hostile attribution bias)
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Anger management
- Is a form of CBT
- The individual is taught how to recognise when they are losing control + encouraged to develop techniques which bring about conflict-resolution without resorting to violence
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Anger management has 3 phases:
1. Cognitive Preparation
2. Skill Acquisition
3. Application Practice
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Phase 1 - Cognitive Preparation
- The offender learns to identify the **triggers** for their anger
- They **reflect on events** in the past when they became angry
- They consider if the way that they interpreted those events was **rational**
- The therapists role is to help the offender **redefine the situation as non threatening**
- E.g. An offender might interpret someone looking at them as threatening but actually the person looking at them was just lost in thought
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Phase 2 - Skill Acquisition
- The offender is introduced to a **range of techniques + skills** to help them handle anger provoking situations more rationally
- Techniques could be **cognitive** (positive self talk to encourage calmness), **behavioural** (assertiveness training to communicate more effectively) or **physiological** (methods of relaxation and meditation)
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Phase 3 - Application Practice
- The offender is given the opportunity to **practice** the skills they learnt in the skill acquisition stage in a carefully monitored environment
- **Role plays** are used to re-enact scenarios that in the past led to the offender committing an act of violence
- The offender must take this seriously and see the scenario as real + the **therapist has to be brave and wind up the offender**
- Successful negotiation of the role play will be met with **positive reinforcement** from the therapist
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Advantage of Anger management (1) - *multidisciplinary*
Anger management is a multidisciplinary approach (cognitive, behavioural and social elements are included) which acknowledges that offending is a complex social and psychological behaviour + any attempt to address it must include these different elements
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Advantage of Anger management (2) - *root cause*
Unlike behaviour modification, anger management tries to get to the root cause of offending behaviour (the thought processes that lead to anger/violence) rather than focusing on superficial surface behaviour
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Disadvantage of Anger management (1) - *expensive*
- Anger management programmes are expensive to run as they require highly trained specialists who are used to dealing with violent offenders
- Many prisons do not have the resources to run such programmes
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Disadvantage of Anger management (2) - *dependent*
The success of anger management is based on the commitment of those who participate + this is a problem if prisoners are uncooperative or apathetic
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According to John Braithwaire (2004):
- Crime hurts and justice should heal
- Restorative Justice (RJ) programmes switch the emphasis from the needs of the state (to enforce the law and punish criminals) to the needs of the victim (to come to terms with crime + move on with their lives)
- Victims are encouraged to take an active role in the punishment of the offender + offenders are required to take responsibility for their actions + face what they have done to their victim
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Restorative Justice
- Is a process of managed collaboration between the offender + the victim based on the principles of healing + empowerment
- A trained mediator facilitates a meeting between the offender + the victim
- The victim is given the opportunity to confront the offender + explain how the crime affected them
- The offender is confronted with the consequences of their actions, including the emotional distress they have caused the victim
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Restorative Justice programmes are quite diverse but they all share key features:
- Focus on acceptance of responsibility + positive change for offenders (less emphasis on punishment)
- Not restricted to courtrooms, survivors and offenders meet face to face in a non courtroom setting
- Active rather than passive involvement of all parties in the process
- Focus on positive outcomes for survivors + offenders
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Other uses of Restorative Justice
- In some variations of RJ offenders make financial restitution for the physical + emotional damage they have done
- Offenders sometimes even repair damaged property themselves
- RJ can function as an alternative to custodial sentences especially if the offender is young + as an addition to community service or as an incentive to reduce an existing custodial sentence
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Advantage of Restorative Justice - *Shapland*
- Shapland (2007) conducted a government funded research project + found that every £1 spent on RJ would save the criminal justice system £8 by reducing recidivism
- However because RJ requires specialist and highly trained professionals + it is very expensive, finding funding is challenging
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Disadvantage of Restorative Justice (1) - *dependent*
- The success of RJ depends on the offender showing remorse
- Some offenders might sign up for the scheme to avoid prison or reduce their sentence rather due to a genuine willingness to change
- This could explain the high dropout rates in RJ as offenders often change their mind because they were not committed to the process in the first place
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Disadvantage of Restorative Justice (2) - *domestic abuse*
- The organisation Women’s Aid has called for an end to the use of RJ in domestic abuse cases because the offender can exploit this opportunity to convince the victim to take them back
- Abusers often have a lot of power over their victim + so a meeting between them could be dangerous
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Disadvantage of Restorative Justice (3) - *soft option*
- RJ is unpopular with the general public because it is regarded as a soft option
- This means that politicians are unwilling to support it because they want to please the electorate by seeming tough on crime
