Forensic psychology Flashcards

1
Q

What is offender profiling?

A
  • Aim is to narrow down suspect list
  • Involves careful scrutiny of the crime scene & analysis of other evidence -> generate hypotheses about offender e.g. age, occupation
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2
Q

What is the top-down approach?

A
  • Profilers start with a pre-established typology & work down to lower levels to assign offenders to one of 2 categories (organised vs disorganised) based on witness accounts & crime scene evidence
  • Originated in the USA
  • Drawn from interviews with 36 sexually-motivated serial killers
  • Profilers gather data then assign to a category (typology)
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3
Q

What are the characteristics of organised and disorganised offenders?

A
  • Organised: evidence of planning, tidy - leave no DNA, socially & sexually competent, have a type, intelligent
  • Disorganised: little evidence of planning, spontaneous, unemployed, crime scene reflects impulsivity
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4
Q

What are the 4 stages of constructing an FBI profile?
(hint: Don’t Commit Crimes, Period)

A
  1. Data assimilation - reviewing evidence
  2. Crime scene classification - organised or disorganised
  3. Crime reconstruction - creating a hypothesis in terms of sequence of events, behaviour of victim & suspect
  4. Profile generation - creating a hypothesis relating to likely offender
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5
Q

What are the strengths of the top-down approach (A03)

A
  • Research support for distinct organised category: Carter’s analysis of 100 murders by serial killers with smallest space analysis - used to assess co-occurrence of 39 aspects of killings (e.g. whether there was torture,restraint) -> organised is a subset of features of many killings
  • Counter: Many studies suggest organised & disorganised types may not be mutually exclusive - Godwin -> hard to classify killers as one or the other -> could mean the typology is more of a continuum
  • Can be adapted to other crimes: Meketa reported top-down has been applied to burglary -> 85% increase in solved cases -> kept organised & disorganised but added interpersonal (knows their victim) & opportunistic (inexperienced young offender) -> wider application
  • Qualitative depth: based on in-depth interviews with serious offenders, providing rich, detailed data - focused interviews allowed researchers to explore offenders’ motives & thinking styles
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6
Q

What is a weakness of the top-down approach? (A03)

A
  • Poor sample: based on interviews with 36 murderers (25 were serial killlers, 11 double/single murderers) -> unrepresentative - not random or large sample, no standard set of question, self-report interviews not ideal given sample (lying to avoid long sentence) -> no scientific basis
  • Subjectivity/bias: profiles rely heavily on intuition & subjective judgement from profilers - reduces reliability & increases chances of investigator bias
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7
Q

What is the bottom-up approach to offender profiling?

A
  • Aim is to generate a picture of the offender e.g. social background, routine behaviour, through systematic analysis of the crime scene
  • Developed in Britain
  • Profile is data-driven
  • Approach is more grounded in psychological theory
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8
Q

What is the investigative psychology part of the bottom-up approach?

A
  • An attempt to apply statistical procedures & psychological theory to the analysis of crime scenes
  • Aims to establish patterns of behaviour that are likely to occur across crime scenes
  • Creation of a database - details of a crime can then be matched to the database
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9
Q

What are the 3 elements of investigative psychology? (bottom-up approach)

A
  • Interpersonal coherence: the way the offender behaves at the scene & interact with the victim
  • Time & place: could indicate where they live/work
  • Forensic awareness: behaviour could indicate they have been involved with the police in the past
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10
Q

What is the geographical profiling part of the bottom-up approach?

A
  • Uses information about the location of linked crime scenes to make inferences about the likely base of an offender
  • Spatial consistency: offenders will stick to a certain area -> centre of gravity becomes clear (circle theory)
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11
Q

What 2 ways does geographical profiling describe offenders?

A
  • Marauder: operates in close proximity to home base
  • Commuter: travels a distance from their usual residence
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12
Q

What are the strengths of the bottom-up approach? (A03)

A
  • Evidence for investigative psychology: Canter & Heritage conducted an analysis of 66 sexual-assault cases, examined using small-space analysis - many common behaviours found e.g. impersonal language -> each individual displayed a characteristic pattern of such behaviours - can establish whether 2 or more offences were committed by the same person -> supports idea that people are consistent in behaviour
  • Evidence for geographic profiling: Lundrigan & Canter collated info from 120 murder cases involving serial killers - smallest space analysis revealed spatial consistency -> location of each body disposal site created a centre of gravity - went in a different direction each time to dump a body (marauders) -> supports
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13
Q

What is a weakness of the bottom-up approach? (A03)

A
  • Geographical information may be insufficient: success is reliant on the quality of data police can provide - recording of a crime is not always accurate + 75% of crimes are not always reported - critics claim other factors are important e.g. age, experience (Ainsworth)
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14
Q

What are the biological explanations for offending behaviour?

A
  • Historical approach - Lombroso’s atavistic form
  • Genetic & neural explanations
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15
Q

What is the atavistic form? (historical approach)

A
  • Early biological approach for criminal behaviour by Lombroso
  • Pioneered a more scientific basis for study of crime
  • Criminals are “genetic throwbacks” & biologically different than non-criminals
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16
Q

What is the biological approach element of the atavistic form explanation?

A
  • Offenders are seen by Lombroso as lacking evolutionary development
  • Their savaged & untamed nature -> couldn’t adjust to civil society -> turned to crime
  • Crime is rooted in their genes (innate)
  • A new perspective proposing offenders were not to blame for their actions
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17
Q

What are atavistic characteristics? Give examples.

A
  • The offender subtype could be identified via physiological markers linked to specific types of crime
  • Examples: narrow sloping brow, strong jaw, high cheekbones, extra toes/fingers, insensitivity to train, use of slang, unemployed
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18
Q

How did Lombroso categorise offender types from these charcateristics?

A
  • Murderers: bloodshot eyes, curly hair, long ears
  • Sexual deviants: glinting eyes, projecting ears
  • Fraudsters: thin reedy lips
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19
Q

What was Lombroso’s research and what did he find?

A
  • Studied facial/cranial features of 383 dead & 3839 living criminals
  • Concluded there was an atavistic form & these features were key indicators of criminality
  • Concluded 40% of crimes are committed by those with atavistic characteristics
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20
Q

What is a strength of the biological explanation (historical approach)? Give a counter-point. (A03)

A
  • Legacy: Lombroso’s research changed the face of the study of crime - father of modern criminology -> shifted emphasis of crime from moralistic discourse to towards scientific realm - tried to describe how particular types of people are likely to commit crimes -> profiling = huge contributions
  • Counter: Legacy isn’t entirely positive - racist undertones in his work (Delisi) - many identified atavistic features are most likely to be found in people of African descent - fitted the attitude of 19th century eugenics movement -> Lombroso’s work is prejudiced & subjective
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21
Q

What are the weaknesses of the biological explanation (historical approach)? (A03)

A
  • Contradictory evidence: Goring compared 3000 offenders v non-offenders to establish whether there were any physical/mental abnormalities in offenders -> no supporting evidence apart from a lower level of intelligence -> challenges the idea that offenders are a subspecies + can be physically distinguished from the rest of the world
  • Poor control: Lombroso had no control group of non-offenders -> knock-on effect - less control over confounding variables e.g. there’s research showing a link between crime & poverty & poor educational outcomes - explains offenders’ likelihood to be unemployed -> research doesn’t meet modern scientific standards
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22
Q

What are genetic explanations for crime?

A
  • Suggests that would-be offenders inherit a gene, or combination of genes, that predispose them to commit crime
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23
Q

What is the ‘twin & adoption studies’ element of the genetic explanation to crime?

A
  • Allows us to observe how traits develop in one or both
  • Christiansen (1977) studied over 3500 twin pairs in Denmark & found 35% concordance with identical twin males & 13% concordance with non-identical males -> indicates its not just behaviour that might be inherited, but the underlying predisposing trait
  • Crowe found that adopted children, with a biological mother with a ​criminal record had 50% risk of having a criminal record by 18 compared to adopted children with a non-criminal record mother had a 5% risk -> genetics is a significant factor
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24
Q

What is the ‘candidate genes’ element of the genetic explanation to crime?

A
  • Tiihohen conducted a genetic analysis suggesting there are 2 genes that may be associated with violent crimes:
    -> MAOA gene: regulates serotonin in the brain & linked with aggressive behaviour
    -> CDH13: has been linked to substance abuse & ADHD
  • The analysis found that around 5-10% of all servere crimes in Finland were attributed to these two genotypes
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25
What is the 'diathesis-stress model' element of genetic explanation to crime?
- Individuals may carry these genotypes but not act out in any violent/criminal way -> the environment must have a significant factor in offending behaviour. ​ - It may be that offending behaviour is a combination of genetic predisposition (carrying the gene) & a biological or psychological trigger (in the environment) that onsets the offending behaviour
26
What is the neural explanation to offending behaviour?
- Evidence from individuals diagnosed with antisocial personality disorder suggests there may be neural differences in the brain of offenders & non-offenders - associated with reduced emotional responses, lack of empathy for others & characterises many convicted offenders
27
What is the 'pre-frontal cortex' element of neural explanation to crime?
- Raine conducted brain scanning images focusing on the prefrontal cortex in individuals​ with APD - The prefrontal cortex regulates emotional behaviour - They found 11% reduction in volume of grey matter in the prefrontal cortex of ​​ people with APD than control
28
What is the 'mirror neurons' element of neural explanation to crime?
- Research suggests that offenders with APD can experience empathy, but they do so unpredictably - Keysers found that offenders showed an empathetic reaction only when asked to (mirror neurons) - This suggests that APD individuals are not totally unempathetic but may have a neural switch that can be turned on & off unlike others who have empathy always switched on
29
What are the strengths of the genetic explanations of offending behaviour? (A03)
- Support for diathesis-stress model: Mednick et al investigated 13000 danish adoptees - when neither biological nor adoptive had convictions, 13.5% of adoptees did, rose to 20% when either biological parent had convictions, & 24.5 when both were convicts -> inheritance & environment play a role -Scientific & empirical evidence: Tiihohen genetic analysis of genes associated with crime- objective -> standardised procedures + scientific measures -> increased validity
30
What are the strengths for neural explanations of offending behaviour?
- Support for link between crime & frontal lobe: Kandel & Freed reviewed evidence of frontal lobe damage & antisocial behaviour - people with such damage showed impulsivity, emotional instability & inability to learn from mistakes (frontal lobe is associated with planning behaviour) -> brain damage may be a causal factor in offending berhaviour - Uses neuroscientific methods (e.g., brain scans) that provide quantifiable, empirical data, increasing the model’s reliability. Raine et al. (1997) used PET scans to show that murderers (pleading insanity) had reduced activity in the prefrontal cortex, an area linked to impulse control.
31
What are the weaknesses of genetic explanations of offending behaviour?
- Ignores free will - Tiihoen genetic analysis found MAOA gene linked to aggression -> criminality - but we have free will to make the right decision and live the life we choose + could lead to - Deterministic: suggesting that genes predetermine criminal behaviour raises ethical concerns about free will, responsibility, & stigma against individuals with "criminal genes" - if genes like MAOA are linked to aggression, should individuals with this gene be held accountable for their crimes in court? - Correlation, Not causation: genetic studies show an association between genes & offending, but this does not prove that genes cause criminal behaviour - environmental factors may also play a role - Mednick et al. (1984) found that adopted children with criminal biological parents were more likely to offend, but this could also be influenced by social factors e.g. poverty
32
What are the weaknesses of neural explanations of offending behaviour?
- Reductionist: Raine found 11% reduction in volume of grey matter in the prefrontal of those with APD - assumes anyone with this could be a criminal -> criminality is much more complex -individuals may have this neural abnormality & never express criminal behaviour (diathesis-stress - need a trigger) - The link between neural differences & APD may be complex - Farrington et al studied a group of men who scored high on psychopathy (APD) & these individuals experienced various risk factors e.g. raised by a convict, neglect - could be that these experiences caused APD & some of the associated neural differences (reduced frontal activity due to trauma - Rauch et al) -> intervening variables
33
What are the psychological explanations for offending behaviour?
- Eysenck's theory - Cognitive explanation - Differential association theory - Psychodynamic
34
What is Eysenck's theory for offending behaviour (psychological explanation?
- He proposed that behaviour could be represented along two dimensions: introversion-extroversion (E) and neuroticism-stability (N) - He later added a third dimension: psychotism-socialability (P)
35
What is the criminal personality (Eysenck's theory)
- Neurotic-extravert-psychotic - Neurotics: unstable -> prone to overreact to situations of threat - Extraverts: seek more arousal -> engage in dangerous activities - Psychotics: aggressive & lack empathy
36
For what 3 reasons does Eysenck suggest personality has a biological basis?
- Our personality traits are biological in origin & show through the type of nervous system we inherit - Extroverts: underactive nervous system -> constantly seek excitement, stimulation & engage in risky behaviours - less likely to condition easily -> don't learn from mistakes - Neurotic: individuals have high levels of reactivity to sympathetic NS - respond quickly to fight or flight -> nervous, jumpy + unpredictable behaviour - Psychotic: individuals are suggested to have high testosterone, unemotional & prone to aggression
37
What is the role of socialisation in offending-behaviour?
- Personality is linked to offending behaviour via socialisation processes - Offending behaviour = developmentally immature - it's selfish & concerned with immediate gratification - Socialisation: children are taught to become more able to delay gratification & be more socially oriented - People with high E&N scores are hard to condition -> less likely to learn anxiety responses to antisocial impulses
38
How is criminal personality measured? (Eysenck)
- Eysenck personality questionnaire (EPQ) locates respondents along the E, P, & N dimensions to determine personality type
39
What are the strengths of Eysenck's theory? (A03)
- Objective & Quantifiable: Eysenck’s theory is based on psychometric testing (EPQ), making it measurable & scientific - the EPQ provides a numerical score, allowing comparisons & statistical analysis - Research support: Eysenck & Eysenck compared 2070 prisoner's scores on the EPQ with 2422 controls - prisoners recorded higher scores than controls on measures of E, P & N across all ages sampled - as predicted by theory - Counter: The EPQ relies on self-report questionnaires, which are prone to social desirability bias & may not accurately measure personality traits -> offenders may lie or exaggerate their traits, reducing findings' validity
40
What are the weaknesses of Eysenck's theory? (A03)
- Cultural factors are not accounted for: Bartol & Holanchock studied Hispanic & African- American offenders in a max security NYC prison - offenders were divided into 6 groups based on offending history -> all 6 groups were less extravert than non-offender controls contrary to theory - researchers attributed this to culturally different sample to Eysenck's og sample -> generalisability falls - Over-simplified: Moffitt drew a distinction between offending behaviour in adolescence vs that which continue into adulthood - argued that personality traits alone were a poor predictor of how long offending behaviour would go on for (career offenders) - she considered persistence in offending behaviour to result from a reciprocal process between individual personality traits & environmental reactions to them
41
What is differential association theory? (psychological explanation)
- This theory proposes that individuals learn the values, attitudes, techniques & motives for offending behaviour through association & interaction with different people - e.g. some may associate with people with negative attitudes towards crime, others associate with people with positive attitudes
42
What is the scientific basis of offending behaviour according to differential association theory?
- Sutherland set out developing scientific principles that could explain all types of offending - 'the conditions which cause crime should be present when crime is present, and not when crime is absent' - His theory was designed to discriminate between individuals who become offenders & those who don't, regardless of class/ethnicity
43
How is offending behaviour a learned behaviour? (differential association)
- Theory suggests it may be acquired as any other behaviour through a process of learning - Learning occurs through interactions with significant others the child spends most time with e.g. family - Should be possible to mathematically predict how likely it is that an individual will commit offences - we must know frequency, intensity & duration of exposure to deviant/non-deviant norms
44
According to differential association theory, which two factors does offending behaviour result from?
- Learned attitudes towards offending - Learning of specific offending acts/techniques
45
How does differential association theory suggesting offending behaviour is learned through attitudes?
- When a person is socialised into a group they become exposed to values & attitudes towards the law (could be pro-crime or anti-crime) - Sutherland: if the no. of pro crime attitudes outweighs anti-criminal -> offending - Learning process is the same whether a person is learning offending or conforming to the law
46
How does differential association theory suggesting offending behaviour is learned through specific acts/techniques?
- As well as being expose to pro-crime attitudes, the would-be offender may also learn particular techniques e.g. how to break into a house
47
How does socialisation in prisons contribute to offending behaviour?
- Sutherland's theory accounts for why many convicts reoffend - Inside prison, inmates learn specific techniques of offending from more experienced offenders - could occur through direct tuition from peers, observation, or imitation
48
What are the strengths of differential association theory? (A03)
- Can account for offending within all sectors of society: Sutherland recognised that some crimes e.g. burglary can be clustered in inner city working class areas, others occur in more affluent groups - Sutherland was interested in white-collar crimes + how this may be a feature of middle-class social groups who share deviant norms & values -> shows its not just lower classes that commit crimes Research support: Short study on 176 school-aged children - found a positive correlation between delinquent behaviour & association with delinquent individuals - Real-World Application: the theory informs crime prevention strategies by recognising how social influences shape behaviour + why many ex-convicts re-offend - used to develop effective rehabilitation programs that focus on changing peer influences - Less Deterministic: Recognises that criminal behaviour is learned, rather than purely biologically determined. More ethical than biological explanations, as it avoids labelling offenders as genetically predisposed to crime
49
What are the weaknesses of differential association theory? (A03)
- Difficult to test predictions: Sutherland aimed for a scientific, mathematical framework to predict offending behaviour - some predictions are testable, but many key concepts cannot be operationalised (e.g., measuring the no. of pro-crime attitudes a person has been exposed to) + assumption issue -assumes crime occurs when pro-crime attitudes outweigh anti-crime attitudes, but this is not empirically measurable -> lacks scientific credibility - Individual differences: not taken into account - e.g. the theory doesn't explain why some siblings may do criminal acts & some not even if they are all raised in the same ‘criminal learning’ environment - Deterministic: isolates responsibility for the crime to a person's environment -> neglects free will - Nurture: states that a person's environment can cause them to offend- neglects genetic influences e.g. MAOA gene - Negative implications: may lead to negative stereotypes of individuals from certain 'crime-ridden' backgrounds -> socially sensitive
50
How is level of moral reasoning a cognitive explanation of offending behaviour? (psychological)
- Level of moral reasoning: refers to the way a person thinks about right or wrong - presumed to apply to right or wrong - The higher the level, the more that behaviour is driven by a sense of what is right & the less it's driven by just avoiding punishment
51
According to Kohlberg, how does moral development lead to offending (level of moral reasoning) ?
- Kohlberg believed that people's judgement on right & wrong can be summarised in a stage theory of moral reasoning - The higher the stage, the more sophisticated the reasoning - Based his theory on people's responses to Heinz's dilemma - Kohlberg et al using his moral dilemmas found a group of violent youths were at a significantly lower level of moral development than non-violent youth
52
What are Kohlberg's levels of moral reasoning? (cognitive approach)
Level 1: Pre-conventional morality - Stage 1 - Punishment orientation: rules are obeyed to avoid punishment - Stage 2 - Instrumental orientation or personal gain: rules are obeyed for personal gain Level 2: Conventional morality - Stage 3 - 'Good boy/girl' orientation: rules obeyed for approval - Stage 4 - Maintenance of the social order: rules obeyed to maintain order Level 3 - Post-conventional morality: - Stage 5 - Morality of contract & individual rights: rules are challenged if they infringe on the rights of others - Stage 6 - Morality of conscience: individuals have a personal set of ethical principles
53
How do Kohlberg's levels of moral reasoning link to criminality?
- Offenders are more likely to be classified at the pre-conventional level (non-offenders progress beyond this) - Need to avoid punishment & gain punishment - Less mature & child-like reasoning - Crime is committed if they can get away with it or gain some reward - The assumption is supported by studies showing that offenders are more egocentric + display less social perspective-taking skills - Higher levels associated with honesty, generosity etc
54
What are cognitive distortions and what are the two apart of the cognitive explanation for offending?
- Faulty, biased & irrational ways of thinking that mean we can perceive ourselves, others & the world inaccurately, usally negatively 1. Hostile attribution bias 2. Minimalisation
55
What is hostile attribution bias? (cognitive explanation of offending)
- A tendency to judge ambiguous situations or the actions of others as aggressive and/or threatening when in reality they may not be - Schonenberg & Justye: 55 violent offenders were more likely to perceive an emotionally ambiguous face as angry & hostile
56
What is minimalisation? (cognitive explanation of offending)
- A type of deception that involves downplaying the significance of an event or an emotion - Denying or downplaying the seriousness of offences - applying a euphemistic label (Bandura) - Burglar - 'supporting the family' - Kennedy & Grubin found sex offenders often downplay their behaviour e.g. through denial or claiming the victim's behaviour somehow contributed to the crime
57
What are the strengths of the 'levels of moral reasoning' cognitive explanation of offending? (A03)
- Research support: Palmer & Hollin compared moral reasoning in 332 non-offenders & 126 convicted offenders using the SRM-SF - contains 11 moral dilemma related questions e.g. keeping a promise to a friend -> offender group showed less mature moral reasoning -> consistent with Kohlberg's predictions - Useful real-world application: understanding moral reasoning can inform offender treatment (e.g. moral reasoning training) - > restorative justice programmes help offenders reflect on impact of their actions
58
What are the weaknesses of the 'levels of moral reasoning' cognitive explanation of offending behaviour?
- Level of moral reasoning may depend on type of offence: Thornton & Reid found that people who committed crime for financial gain (robbers) were more likely to show pre-conventional moral reasoning than convicts of impulsive crimes (assault) - pre-conventional moral reasoning tends to be associated with crimes offenders think they can get away with - Gender bias: Kohlberg’s sample was all-male -> findings may not generalise to females - Gilligan argued that women may focus more on care-based morality, not justice
59
What are the strengths of the 'cognitive distortions' cognitive explanations of offending behaviour? (A03)
- Real-world application: application to therapy - CBT aims to challenge irrational thinking -> offenders are encouraged to face-up what they've done & establish a less distorted view of their actions - studies (Harkins et al) suggest reduced incidence of minimalisation in therapy is associated with lower recidivisim risk (acceptance of one's crime -> rehabilitation) -> practical value
60
What are the weaknesses of the 'cognitive distortions' cognitive explanations of offending behaviour? (A03)
- Depends on the type of offence: Howitt & Sheldon gathered questionnaire responses from sexual offenders -> found, contrary to predictions, that non-contact sex offenders (online images) used more cognitive distortions than contact offenders (physical abuse) - those with previous criminal history were more likely to use distortions as justification -> distortions are not used in the same way by all offenders - Descriptive or explanatory: good at describing the criminal mind, but not helpful at predicting future offender behaviour - just because they have distorted thinking, doesn't mean they will inevitably become an offender
61
What are psychodynamic explanations of offending?
- All behaviour is the result of past experiences - Describes the different forces, mostly unconscious, that operate on the mind & direct human behaviour & experience
62
What are the 3 types of inadequate superego that lead to offending behaviour?
- Inadequate superego -> ID is given free-rein 1. Weak superego: if the same-gender parent is absent during phallic stage, a child can't internalise a fully-formed superego as there's no opportunity for identification -> offending more likely 2. Deviant superego: if the superego that a child internalises has immoral/deviant values -> offending e.g. a boy raised by a criminal father 3. Over-harsh superego: excessively punitive/overly harsh parenting style -> child with an over-harsh superego crippled by guilt & anxiety - may (unconsciously) drive the individual to perform crime in order to satisfy the superego's overwhelming need for punishments
63
How does Bowlby's theory of maternal deprivation explain offending behaviour?
- He argued that the ability to form meaningful relationships in adulthood was dependent upon the child forming a continuous relationship with a mother figure - Failure to do so -> irreversible consequences -> affectionless psychopathy -> delinquency - Supported by 44 thieves study (outline)
64
What are the strengths of the psychodynamic explanations of offending? (A03)
- Research support for superego & offending link: Goretta conducted a Freud style analysis of 10 offenders referred for psychiatric treatment - disturbances in superego formation were diagnosed in all -> each offender experienced unconscious feelings of guilt & need for self-punishment - Goretta said this was a consequence of an over-harsh superego - Useful: Bowlby's 44 thieves study - deals with RW issues (effects of maternal deprivation) -> can be useful for those in social care -> improvements in the system -> stop them turning to a life of crime
65
What are the weaknesses of the psychodynamic explanations of offending? (A03)
- Gender bias: an assumption of Freud's theory is that girls develop a weaker superego as identification with same-sex parent isn't as strong - girls don't experience strong emotion associated with castration anxiety -> less pressure to identify -> should mean that women are more prone to offend - rates of imprisonment are opposite (men = 20x more likely to go prison than women) -> alpha bias - Hard to measure: many key concepts are hard to measure + rely on unconscious assumptions of behaviour e.g. overharsh superego's constant need to be punished & reasons behind it can't be empirically tested -> unscientific & unfalsifiable - Psychic determinism: Blackburn - superego deficient means ID is given free reign -> doesn't take into account how biology or peers -> offending behaviour -> unreliable
66
What is custodial sentencing?
A convicted offender spending time in prison or another closed institution e.g. psychiatric hospital
67
What is recidivism?
Reoffending
68
What are the 4 aims of custodial sentencing?
1. Deterrence 2. Incapacitation 3. Retribution 4. Rehabilitation
69
What is the 'deterrence' aim of custodial sentencing?
- Based on idea of vicarious punishment - Preventing individuals/society from engaging in offending behaviour & works on 2 levels: 1. General: send a broad message to members of a given society that crime isn't tolerated 2. Individual: should prevent the individual from reoffending the same crimes
70
What is the 'incapacitation' aim of custodial sentencing?
- Offender is removed from society to prevent reoffending - Depends on severity of the offence e.g. tax evader vs rapist (society needs more protection from)
71
What is the 'retribution' aim of custodial sentencing?
- Society is enacting revenge by imposing suffering on offenders equivalent to level of crime - Based on biblical principle of 'an eye for an eye' - offender should pay for their actions
72
What is the 'rehabilitation' aim of custodial sentencing?
- Prisons aims to reform offenders as upon release offenders should leave better adjusted & ready to take their place back in society - Prison should provide opportunities to develop skills or treatment programmes (anger management)
73
What are the psychological effects of prison? (custodial sentencing)
- Stress & depression: higher suicide rates in prison + rates of self-harm -> stress of prison also increases risk of developing psychological disorders upon release - Institutionalisation: having adapted to norms/routines of prison life, inmates become so accustomed they're no longer able to function outside - Prisonisation: the way in which prisoners are socialised into adopting 'inmate code' - behaviour considered unacceptable outside may be rewarded inside the institution
74
What is the problem of recidivism?
- Tells us to what extent prison works & likelihood of them reoffending - Difficult to obtain clear figures (depends on time period we're looking at - 1yr after or longer) - UK figure = 45% (MOJ) - reoffending rates vary with time period after release, age, country etc - US, Australia, Denmark = 60% - Norway = 20% -> less emphasis on incarceration & more on rehabilitation
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What are the strengths of custodial sentencing for dealing with offending behaviour? (A03)
- Training & treatment: rehabilitation aim - offenders may become better people during their sentence -> more likely to lead a crime-free life - access to education & training in prison -> increases employability - treatment programmes e.g. anger management give insight into their behaviour -> Vera institute of Justice - offenders who take part in education programmes are 43% less likely to reoffend -> prison may be worthwhile - Prevention of reoffending (incapacitation): protects society by removing dangerous individuals, reducing risk of immediate reoffending - particularly relevant for violent or repeat offenders
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What are the weaknesses of custodial sentencing for dealing with offending behaviour? (A03)
- School for crime: incarceration with long-term offenders may give younger offenders an opportunity to learn 'tricks of the trade' -> offenders may acquire criminal contacts in prison that they may follow up on when released - Implications for the economy: Costly - imprisonment is controversial due to the cost-entailed - it's expensive to house, clothe, feed & rehabilitate a prisoner - some argue that the money allocated for imprisonment could be better served elsewhere e.g. on crime prevention rather than imprisonment - could reduce costs LR + get rid of labelling, institutionalisation etc - Doesn't consider individual differences in aims of custodial sentencing: some individuals don't seek revenge (retribution) - doesn't consider those in society that would benefit from restoration not sentencing (genuinely want to change for the better) -> not effective for greater society - Accounting for individuals: custodial sentencing should definitely not be a ‘one size fits all’ approach - imprisonment should vary in length & severity - e.g. small crimes like vandalism are probably more suited to be punished through community service rather than imprisonment - removes labelling, instutionalisation (can keep contact with family
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How have behaviourist principles been applied to behaviour modification in custody?
- According to behaviourism all behaviour is learned so it should be possible to encourage unlearning of behaviour - Behaviour modification programmes aim to reinforce obedient behaviour in offenders while punishing disobedience -> extinct
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How do token economies work as behaviour modification programmes?
- Based on operant conditioning - Desirable behaviour: avoiding confrontation, following prison rules, keeping one's cell clean - Prisoners are given a token each time they perform a desirable behaviour - Also emphasised that disobedience -> tokens are withheld - Tokens are associated with a reward - secondary reinforcers e.g. call home
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What are the 3 elements of designing and using a token economy?
1. Operationalise target behaviours: behaviour is broken down into components e.g improved interaction with inmates broken down into speaking politely to others 2. Scoring system: staff & prisoners should be made aware of the scoring system & how much each particular behaviour is worth e.g. award more tokens to working cooperatively with others than not swearing - reinforcements should outnumber punishments by ratio 4:1 - Gendreau 3. Train staff: full training needed to successfully implement token economy - standardises procedures + staff must record when they award tokens
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What are the strengths of behaviour modification in custody as a way of dealing with offending behaviour? (A03)
- Research support: Hobbs & Holt introduced a token economy programme with young groups of offenders across 3 behavioural units -> observed a significant difference in positive behaviour compared to control + Field et al found a token economy programme used with young people with behavioural problems was generally effective - Counter: Success depends on consistent approach from staff - Easy to implement: no need for specialist professionals as there may be in other treatments e.g. anger management - token economy systems can be implemented & designed by anyone -> cost-effective & easy to follow once methods of reinforcement have been established
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What are the weaknesses of behaviour modification in custody as a way of dealing with offending behaviour? (A03)
- Limited rehabilitative value: Blackburn - behavioural modification has "little rehabilitative value" & any positive changes in behaviour & any positive changes may be lost upon release -> more cognitive-based treatment e.g anger management may be more likely to lead to permament change - requires the offender to address cause & take responsibility, can play along with token economy - Individual differences: not all offenders respond the same way to reinforcement (e.g. antisocial personality disorder) - token economy may be ineffective for some subgroups of offenders
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What is anger management?
- A form of CBT - The individual is taught how to recognise the cognitive factors that trigger their anger & loss of control & then encouraged to develop techniques which bring about conflict resolution without the need for violence
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What is the first stage of anger management?
- Cognitive preparation - Requires an offender to reflect on past experience & consider the typical pattern of their anger - The offender learns to identify triggering situations - If the offender interprets these events irrationally, therapists clear these up - breaks automatic response - E.g. offender may interpret someone looking at them as an act of confrontation
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What is the second stage of anger management?
- Skills acquisition: offenders learn a range of techniques to help them deal with anger provoking situations more rationally & effectively - Cognitive - positive self-talk to encourage calmness e.g. count to 10 - Behavioural - assertiveness training in how to communicate more effectively - Physiological - delas with physical reaction to anger e.g. with medication -> controls emotions
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What is the third stage of anger management?
- Application practice - Offenders given the opportunity to practice their skills in a carefully controlled environment e.g. role play with therapist - Requires commitment from the offender + bravery from therapist to 'wind up' offender to assess progress - Offender is given positive reinforcement if successful
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What are the weaknesses of anger management? (A03)
- Expensive: costly to run & require the services of highly-trained specialists with experience dealing with violent offenders - prisons may not have the resources to fund this + success is based on the commitment of those who participate (some prisoners may be uncooperative) + change takes time (adds to expense) - Not suitable for all offenders: Assumes a link between anger and offending which may not apply to all - rnot all crimes are committed on the basis of anger and aggression e.g. fraud or theft may be due to other factors -> unlikely that this form of treatment would help those offenders
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What are the strengths of anger management? (A03)
- Better than behaviour modification: tries to tackle one of the causes of offending (the cognitive processes that trigger anger -> offending) - behaviour modification deals with surface behaviour & not underlying causes -> anger management may give offenders new insight into the cause of their criminality + how to manage themselves on the outside - Some research support: studies have found reductions in anger and aggression post-treatment - Ireland (2000) found 92% of prisoners showed improvement after an anger management course - Real-world application: offers offenders skills transferable to real life outside custody e.g. better emotional regulation, improved relationships, reduced reoffending
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What is restorative justice?
- A system of dealing with offending behaviour which focuses on rehabilitation of offenders through reconciliation with victims - Enables offender to see the impact of their crime & empowers survivors giving them a voice
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How does restorative justice change the emphaisis?
- Historically a convicted criminal would be regarded as having committed a crime against the state - RJ programmes shift the focus from the needs of the state (enforce law) to the victims' needs - Restorative justice is less about retribution, more so about reparation
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What are the two focuses of restorative justice?
- The victim of the crime & their recovery - The offender & their recovery/rehabilitation process
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What are the key features of restorative justice programmes?
- Trained mediator supervises the meeting - Non-courtroom environment where offenders voluntarily meet with survivors - Can be face-to-face or conducted remotely - The survivor is given the opportunity to confront the offender & explain how the incident impacted them - offender comprehends the consequences of their actions - Active involvement from all parties - The focus is on positive outcomes for both parties - Other relevant community members may have a role in the process e.g. family, friends
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How do sentencing & restitution work with restorative justice programmes?
- Restorative justice may occur pre-trial or could function alongside a sentence, an alternative to prison, or an incentive to reduce sentence length - Restitution: a monetary payment by offender to victim for the harm (psychological or actual from a break in perhaps) caused by offence -> may also involve repairing the damage - Can also be emotionally - offender can support the healing process by rebuilding the victim's self-esteem
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What is the Restorative Justice Council?
- An independent body whose role is to establish clear standards for the use of restorative justice, to survivors & specialist professionals in the field - RJC advocates the use of restorative justice beyond crime to hospitals, child services etc
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What are the strengths of restorative justice as a method of dealing with offending behaviour? (A03)
- Evidence suggests it has positive outcomes: RJC reported the results of a major 7yr research project - 85% reported satisfaction with the process of meeting their offender F2F & 78% would recommend it to others in similar situations -> 60% of survivors said the process helped them move on & only 2% said it made them feel worse Counter: Wood & Suzuki argue that restorative processes aren't as survivor-focused as thought -> RJ processes can become distorted when survivors are 'used' as a way of helping rehabilitate offenders rather than being helped themselves -> victims' need = secondary - Focuses on rehabilitation: aims to repair harm & reintegrate offenders into society -encourages offenders to understand consequences & take responsibility - Cost-effective: cheaper than prison as it reduces the cost of reoffending & incarceration - saves resources for the criminal justice system
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What are the weaknesses of restorative justice as a method of dealing with offending behaviour? (A03)
- Offenders may abuse the system: the success of restorative justice hinges on an offenders' intentions being honourable - Van Gijseghem use RJ to: avoid punishment, play down their faults -> programme isn't effective for all offenders & can still -> reoffend - Not suitable for all crimes/offenders: doesn’t work for all cases—e.g. where there is no remorse or violent/sexual offences - can be distressing or unsafe for the victim in such contexts