Forensic Pyschology

Question 1

L1: What is offender profiling and what is it based on

Answer 1

• Tool employed by the police to narrow down lists of likely suspects.
• based on idea that characteristics of offender can be deduced from details of the offence and crime scene.

Question 2

L1: What is the top down approach

Answer 2

Templates of organised offender and disorganised offender are pre-existing in the mind of the profiler.

Evidence from crime scene then used to fit the offender into either of the two pre-existing categories, and determine the offender as one type or the
other.

Question 3

L1: Organised offenders

Answer 3

These offenders show evidence of having plans the crime in advance. The victim is deliberately targeted, and more often reveal the fact that the killer or rapist has a preference for a certain type of victim .

They maintain high levels of control during the crime and leave little evidence of the scene of the crime

Are usually these offenders tend to be above-average intelligence in a skill, profession and a socially and sexually competent

Question 4

L1: disorganised offenders

Answer 4

These offenders show little evidence of planning, suggesting the offence may have been spontaneous. The crime scene tends to reflect the impulsive nature of the attack with the body left at the scene and little control on part of the offender..

Do you find a tends to be of lower than average intelligence, in unskilled employment, and often a past of sexual dysfunction of failed relation. They usually live close to where the events took place.

Question 5

L1: negative evaluation of top down approach (5-)

Answer 5

• Top-down profiling only applies to certain crimes (e.g. rape, arson, etc.). Common offences, such as burglary do not lend themselves to top-down profiling because the crime scene reveals very little about the offender.
• 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 and unrepresentative a sample upon which to base a typology system.
• Top-down profiling was developed based on interviews with 36 sexually motivates serial killers, including Ted Bundy and Charles Manson. Canter (2004) has argued that it is not valid to rely on self-report data from convicted serial killers when constructing a classification system.
• The organised or disorganised distinction is overly simplistic. Holmes (1989) suggests there are four types of serial killer; visionary serial killer (kill because God or the Devil is directing them to), mission serial killer (kill to eradicate a group of people they consider to be undesirable), hedonistic serial killer (kill for the thrill) and power serial killer (kill to have complete control over the victims).
• Canter et al. (2004) analysed data from 100 murders in the USA with reference to the characteristics thought to be typical of organised and disorganised killers. The findings did suggest evidence of a distinct organised type, however this was not the case for disorganised type which undermines the entire classification system.

Question 6

L2: what is the bottom up approach

Answer 6

The aim of the approach is the generate a picture of the offender and their characteristics behaviour and social background. It’s achieved the systematic analysis of evidence left at the crime scene. The approach doesn’t begin with fix typologies, instead, the profile is data, driven and emerges as the profile, engages in rigourous scrutiny of the details of the offence.

Question 7

L2: What are the aims of investigative psychology?

Answer 7

The aim is to establish behaviours that are likely to occur a certain crime scenes. It’s done to create a statistical database which is an act as a baseline for comparison, which can then be matched against certain offences in order to reveal the statistical probability of details about the offender.

Question 8

L2: what is geographical profiling?

Answer 8

Geographical profiling is the study of spatial behaviour in relation to crime and 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 statistics, local transport, and geographical spread of similar crimes.

Question 9

L2: how does geographical profiling describe a criminals geographical behaviour?

Answer 9

Assumption is that a serious offender will restrict their criminal activities to an area that they are familiar with, and the offender’s base will therefore be in the middle of the spatial pattern of their crime scenes.

Earlier crimes are likely to be closer to the offender’s base than later crimes. As an offender becomes more confidence they will often travel further from their comfort zone.

Question 10

L2: positive evaluation of bottom up approach

Answer 10

1. Canter argues that bottom-up profiling is more scientific than top-down profiling because it is more grounded in evidence and psychological theory and less driven by speculation and hunches than top-down profiling.
2. Bottom-up profiling, unlike top-down profiling, can be applied to a wide variety of offences, such as burglary and theft, as well as murder and rape.

Question 11

L2: negative evaluation of bottom up approach

Answer 11

1. There have been some significant failures when using bottom-up profiling. In 1992, 21 year old Rachel Nickell was stabbed 47 times and sexually assaulted 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 initial investigation because he was several inches taller than the profile had claimed the offender would be.
2. Copson (1995) surveyed 48 police forces and 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.
3. Kocsis et al. (2002) found that chemistry students produced a more accurate offender profile than experienced senior detectives. This implies that the
   bottom-up approach is little more than common sense and guess work.

Question 12

L3: What is the atavistic form?

Answer 12

It’s argued that the criminal subspecies could be identified by a set of particular physiological characteristics that were linked to particular types of crime. These were biologically determined atavistic (meaning reversion to something ancestral) characteristics, which indicate criminals are physically different from the rest of us.

Question 13

L3: what were the cranial characteristics of criminals

Answer 13

The atavistic form into the narrow, sloping brow, strong, prominent jaw, high cheekbones and facial asymmetry other features include dark skin and extra toes or fingers.

Murderers is described as having bloodshot eyes, curly hair and long ears

Sexual deviance are described as having glancing eyes, swollen lips and projecting ears.

Question 14

L3: positive evaluation of atavistic form

Answer 14

1. The atavistic form had an important role in the shift away from theories based on feeble-mindedness, wickedness and demonic possession. It was the
   forerunner to more biological explanations (that of evolutionary influences and genetics).

Question 15

L3: negative evaluation of atavistic form (4-)

Answer 15

1. Several critics have drawn attention to the distinct racist undertones in Lombroso’s work. Many of the features he described as atavistic (e.g. dark skin and curly hair) are most likely to be found in people of African descent. His claim that atavistic characteristics were uncivilized, savage and primitive supported the eugenic philosophy.
2. Goring (1913) set out to establish if there were any physical or mental abnormalities among the criminal classes. After conducting a comparison of 3,000 criminals and 3,000 non-criminals he concluded that there was no evidence that offenders had particular facial and cranial characteristics. But he did suggest that criminals are more likely to have a below average intelligence.
3. Lombroso did not compare his criminal sample to a non-criminal control group. If he had done then the differences he reported may have disappeared.
4. Even if criminals have atavistic characteristics this not necessarily mean that these characteristics cause their criminal behaviour. Facial and cranial features can be influenced by poverty and poor diet, which can also lead people to crime.

Question 16

L4: what do genetic explanations suggest for crime committing?

Answer 16

Suggest that potential offenders inherit a gene that predisposed and commit a crime.

Lange (1930) investigated 13 monozygotic (identical) twins and 17 dizygotic (non-identical) twins. At least one of the twins in each pair had served time in prison. 10 of the
13 pairs of monozygotic twins had both spent time in prison, whereas only 2 of the 17 pairs of dizygotic twins had both spent time in prison.

Question 17

L4: polygenic behaviour

Answer 17

Criminal behaviour could be poly genic, meaning that no one single gene is responsible for offending

Question 18

L4: what are Candidate genes and their types

Answer 18

The many genes that are responsible for causing criminal behaviour are known as candidate genes. That being MAOA and CDH13 gene.

MAOA: controls dopamine and serotonin in the brain and is linked to aggressive behaviour

CDH13: this train has been linked to substance, abuse and attention deficit disorder

Question 19

L4: what is the diathesis stress model?

Answer 19

The model holds that genetics influence criminal behaviour are moderated by the environment. A tendency towards criminal behaviour may come through a combination of genetic predisposition and biological or psychological triggers like being raised in a dysfunctional environment..

Question 20

L4: neuro explanations for criminal offending

Answer 20

Evidence suggests there might be neural differences in the brains of criminals compared to non-criminals with most the evidence coming from individuals diagnosed with antisocial personality disorder

Question 21

L4: what is APD associated with?

Answer 21

Associated with reduced emotional responses, lack of empathy which characterised as many convicted criminals. There is also several dozen brain imaging studies showing individuals with it have reduced activity in a pre-frontal cortex, which is the area of the brain to regulate emotional behaviour.

Raine et al. (2000), found an 11% reduction in the volume of grey matter in the prefrontal, cortex of people with it compare to a control group.

Question 22

L4: negative evaluation of genetic and neural explanations

Answer 22

1. Concordance rates in MZ twins are not high and leave plenty of room for nongenetic environmental factors. Concordance rates may be due to shared learning experiences rather than genetics.

2.Brain scanning studies (such as Raine et al., 2000) show pathology in brains of criminal psychopaths, but cannot conclude whether these abnormalities are genetic or signs of early abuse.

3. The term ‘offending behaviour’ is too vague. Some specific forms of crime may be more biological than others e.g. physical aggression.
4. The genetic and neural explanation of criminal behaiour is an example of biological reductionism. Criminality is complex and 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 and poverty. Twin studies never show 100% concordance rates in monozygotic twins, so genetics cannot be the only explanation for criminal behaviour.
5. 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 cannot have personal and moral responsibility for their crime. If this is the case it would be unethical to punish someone who does not have free will.

Question 23

L5: what is Eysenck’s general personality theory?

Answer 23

Eysenck (1947) proposed behaviour could be represented along two dimensions: introversion/ extraversion and neuroticism/stability.

The two dimensions combine to form a variety of personality traits. Eysenck later added a third dimension – psychoticism.

Question 24

L5: Why does Eysenck think all criminal personality type has an innate, biological basis

Answer 24

Because he proclaims our personality traits are biological in origin and come about through the type of nervous system we inherit from our parents.

Question 25

L5: extroverts and Neurotic individuals

Answer 25

Extroverts - have underactive nervous system so constantly seeking excitement, and stimulation and engage in risk-taking behaviour. Also difficult to condition and don’t learn from mistakes.

Neurotic - tend to be nervous and overanxious, and general instability means their behaviour is hard to predict.

Question 26

L5: What is the criminal personality type

Answer 26

The criminal personality type is neurotic-extravert - combination of all characteristics of extraversion and neuroticism.

Question 27

L5: how did Eysenck link criminal behaviour to socialisation?

Answer 27

He saw the behaviour as immature in that, it’s selfish and concerned with immediate gratification.

He believes people with high extroversion neuroticism scores had nervous systems that made them difficult to condition, as a result not learning easily to respond to the antisocial impulses with anxiety. Thus more likely to act antisocially in situations where the opportunity presents itself.

Question 28

L5: negative evaluation of Eysencks theory (5)

Answer 28

1. Farrington et al. (1982) reviewed several studies and reported that offenders tended to score higher on psychoticism, but NOT on extraversion and neuroticism, than non-offenders.
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 and complex 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.
3. Eysenck ‘s theory is out of step with modern personality theory. Digman’s (1990) Five Factor Model of personality suggests that openness, agreeableness and conscientiousness are important personality dimensions, in addition to extraversion and neuroticism. Using this model multiple combinations are available.
4. Bartol and Holanchock (1979) looked into cultural differences. They studied Hispanic and African-American offenders in a maximum security prison in New York and divided them into six groups based on their criminal history and the nature of their offences. All six groups were found to be LESS extravert than non-criminal control groups. This means Eysenck’s theory could be culturally biased.
5. Eysenck’s theory is based on the idea that it is possible to measure personality through psychological tests. Critics have argued that personality may not be reducible to a score in this way. Many psychologists believe there is no such thing as stable personality, on a daily basis people’s personality changes depending who they are with and the situation they are in.

Question 29

L6: what is moral reasoning?

Answer 29

Refers to the process by which an individual draws upon their own value system to determine whether something is right or wrong.

Question 30

L6: Kolberg judgement of peoples rights and wrongs

Answer 30

Proposed the quality of peoples judgement of right and wrong to be summarised by a stage theory of moral development, which is based on peoples responses to moral dilemmas.

Question 31

L6: preconventional level

Answer 31

Offenders more likely to have them or reasoning classified at preconventional levels. Meaning of person is punishment orientated (reasoning based on whether or not, the act will be punished) and reward orientated (reasoning on what can be gained). This image or reasoning typically lost from ages 3 to 7, and teenagers and adults who still reason in this way, may commit crime if they can get away with it.

Question 32

L6: negative and positive evaluation of moral reasoning (1+1-)

Answer 32

(+) Palmer and Hollin (1998) compared moral reasoning between 210 female nonoffenders, 122 male non-offenders and 126 convicted offenders using 11 moral dilemmas, such as not taking things that belong to others. The offenders showed less mature moral reasoning than the non-offenders.

(-)The level of moral reasoning may depend on the type of offence. Thornton and Reid (1982) found that individuals who committed crimes for financial gain, such as robbery, were more likely to show pre-conventional reasoning than those convicted of impulsive crimes (such as assault), where no reasoning was evident.

Question 33

L6: wht are cognitive distortions

Answer 33

Cognitive distortions are faulty and irrational ways of thinking that make people perceive themselves, other people and the world inaccurately, and often
negatively.

Question 34

L6: hostile attribution bias

Answer 34

Is a tendency to judge ambiguous situations as aggressive. When in reality they aren’t. Offenders me misread, non-aggressive, queues and trigger a disproportionate and often violent response, and it can lead to the offender, blaming the victim for having ‘started it.’

Question 35

L6: minimalisation

Answer 35

This is when a criminal believes, their crime was trivial and downplays the impact. It’s a common strategy that people use to avoid feeling guilt and they often use euphemisms for their offences.

Question 36

L6: evaluation of cognitive distortions (1+ & 2–)

Answer 36

(+) 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 CBT. This encourages offenders to ‘face up’ to what they have done and 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.

(-) One key failing with the cognitive approach is that, whilst it explains thinking, it cannot account for the source of of these thoughts.

(-) Cognitive distortions cannot be observed or measured. This means the cognitive explanation of criminal behaviour is not scientific.

Question 37

L7: what does the differential Association theory propose about offending

Answer 37

Proposes that offending depends on the values of the offender social group, and that is more likely to occur when the social group values are deviant

Question 38

L7: how can learning occur in social groups?

Answer 38

You can occur through, imitation, vicarious, reinforcement, direct, reinforcement, or direct tuition from criminal peers

Question 39

L7: why does Sutherland (1924) suggest many convicts (post prison) reoffend

Answer 39

The potential offender may also learn particular techniques for committing crime. These might include: how to pick locks, hot wire a car etc. This theory explains how crime can spread among specific social groups and communities.

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.

Question 40

L7: evaluation of differential Association theory
(3+ & 2-) (Sutherland)

Answer 40

+ This theory is able to account for crime within all sectors of society. While Sutherland (1924) 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 as white-collar is a feature of middlE-class social groups.

+ Sutherland was successful in moving the emphasis away from early biological explanations of crime (i.e. Lombroso) and those explanations which saw offending as being the product of individual weakness or immorality. Differential association theory draws attention to the role of dysfunctional social circumstances and environments in criminality.

+ Differential association theory offers a more desirable and realistic solution to offending behaviour than the biological solution (eugenics) or the morality solution (punishment).

• Differential association theory is difficult to test scientifically, most of the evidence to support it is correlational (does not demonstrate cause and effect). Similarly, the theory is built on the assumption that offending behaviour will occur when pro-criminal values outnumber 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.
• Not everyone who is exposed to criminal influences goes on to commit crime. Thus danger of stereotyping those that come from, crime-ridden backgrounds as ‘unavoidably criminal’. The theory ignores the fact that people might choose not to offend despite criminal influences, in other words it ignore people’s free will.

Question 41

L8: the superego and pyschosexual stages

Answer 41

• develops at the end of the phallic stage 3 to 6 years old
• The major conflict of this stage is the Oedipus complex, where a male child unconsciously wishes to possess the mother to get rid of the father. As a result of the desire, boys experience, castration anxiety. To resolve said anxiety, the child identifies with their father, and will eventually internalise the fathers superego.

Question 42

L8: what did Blackburn suggest about a deficient superego?

Answer 42

He suggested that if it’s definition of inadequate criminal behaviour is inevitable because the id isn’t properly controlled

Question 43

L8: three types of inadequate superego

Answer 43

1. Weak Superego – If the same-sex parent is absent during the phallic stage, the child cannot internalise a fully formed superego because there is no opportunity for identification, making offending behaviour likely.
2. Deviant Superego – If the superego that the child internalises 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 to satisfy superego’s need for punishment.

Question 44

L8: negative evaluations of inadequate superego (5)

Answer 44

• 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.
• Hoffman (1975) tested children’s ability to resist temptation. He found hardly any gender difference, although girls were slightly more moral than boys.
• 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).
• 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.
• The idea that some criminals have an unconscious desire for punishment is implausible, most offenders go to great lengths to conceal their crime and so avoid punishment.

Question 45

L9: outline the 4 aims of custodial sentincing

Answer 45

1. Deterrence – prison is designed to deter an individual from engaging in offending behaviour again. Deterrence works on two levels: general deterrence sends broad message to society that crime will not be tolerated. Individual deterrence should prevent the individual from repeating the same crime.
2. Incapacitation – The offender is taken out of society to prevent them from reoffending as a means of protecting the public. The need for incapacitation depends upon the severity of the offence and the nature of the offender.
3. Retribution – Society is enacting revenge for the crime by making the offender suffer, and the level of suffering should be proportionate to the crime.
4. Rehabilitation – Upon release, prisoners should be better adjusted and ready to take their place in society. Prison should provide opportunities to develop skills, receive training or to access treatment programs for addiction

Question 46

L9: psychological effects of custodial sentencing

Answer 46

1. Psychological Disorders – Prisons have higher incidences of mental illnesses such as depression, anxiety, self-harm, suicide, and low selfesteem. 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.
2. Institutionalisation – Spending time in prison leads to a lack of autonomy, conformity to the role of prisoner and a dependency on prison culture.
3. Brutalisation – Prison acts as a school for crime and reinforces criminal lifestyle and criminal norms. This leads to high recidivism, 70% of young offenders re-offend within two years.
4. Labelling – Prisoners often lose touch with previous social contacts and find it difficult to gain employment because they are labelled as a
   criminal. This will all contribute to an increased likelihood of recidivism.

Question 47

L9: evaluation of custodial sentencing
(1+ & 4-)

Answer 47

+ Custodial sentencing can be useful. It shows that justice has been done and limits the danger to the public. Many prisoners access education and training whilst in prison, increasing chance they will find employment upon release. Treatment programmes, such as anger management therapy may help offenders modify their behaviour and avoid reoffending.

• Suicide rates are 15% higher in the prison population than they are in the general population. However, it is difficult to demonstrate that psychological disorders are caused by imprisonment. Prisoners with psychiatric conditions may very well have had problems before they were institutionalised.
• The courts need to be selective about who they send to prison, 8–10% of criminals commit 50% of all crimes (Peterson 1981). Custodial sentencing is best reserved for these repeat offenders.
• Crime prevention is more effective than custodial sentencing because it avoids labelling a person as a criminal and also avoids the negative consequences of prison. Alternative sentences, such as community service, are more effective for low-risk offenders because they can keep their social contacts and their job.
• David and Raymond (2000) completed a review of custodial sentencing and concluded that government ministers often exaggerate the benefits of prison in order to appear tough on crime. They suggested that, in reality, prison does little to deter or rehabilitate offenders.

Question 48

L10: what is behaviour modification

Answer 48

Behavioural therapy based on principles of operant conditioning. Involves systematic use of positive and negative reinforcement for desired behaviours

Question 49

L10: token economy

Answer 49

Token economy is a form of behaviour modification used in prisons. Desirable behaviour is reinforced with a token, which can be exchanged for some form of reward. Desirable behaviour in prison is likely to include avoiding conflict,
following prison rules etc.

Tokens are secondary reinforcers because they can be exchanged for a reward (the primary
reinforcers), with said rewards that tokens can be exchanged for varying.

Question 50

L10: evaluation of behaviour modification
(1+ and 4-) (token econ…)

Answer 50

+ Token economy is easy to administer, it does not require expert professionals or specialised equipment. Rather, it can be implemented by virtually anyone in the prison. Token economy is also cost-effective and easy to follow once the
method of reinforcement has been established.

• Token economy doesn’t work if staff are not consistent. Sometimes lack of appropriate training or high staff turnover make consistency problematic.
• Behaviour modification can only be used in controlled environment. Any positive behavioural change that occurs while the prisoner is incarcerated are quickly lost once the prisoner is released. This is because law-abiding behaviour is not always reinforced on the outside and the rewards that result from breaking the law may be powerful. It could also be because offenders are merely ‘playing along’ with the scheme to get the rewards, and not really learning to change their behaviour.
• Critics of token economy have suggested that it is unethical. In some prisons participation in the scheme is obligatory. Although ultimately the offender can decide whether or not to obey the rules or break them, the withdrawal of privileges such as exercise and contact with loved ones can be physically and psychologically harmful.
• Behaviour modification only deals with surface behaviour. Other treatments go deeper and require offenders to reflect on the cause of their offending and take responsibility for their rehabilitation.

Question 51

L11: CBT - Novaco (1975)

Answer 51

He suggested that cognitive factors trigger emotional arousal, which usually proceeds aggressive acts. His argument is that peoples anger is too quick to surface, especially in (perceived) threatening situations, which actually aren’t (hostile, attribution bias)

Question 52

L11: the three stages of anger management therapy

Answer 52

1. Cognitive preparation - offender learns to identify triggers for their anger and reflect on events that made them angry in the past. They then see if the way the interpreted the events were rational and a therapist is there to help the offender redefine the situation as nonthreatening.
2. Skill acquisition - offenders introduced to a range of techniques to help them handle angle provoking situations. Techniques to be cognitive like self. Talk to encourage calmness, behavioural like assertive training, to communicate more effectively, or psychological, like methods of relaxation
3. Application practice - offender is given opportunity to practice the skills in a carefully monitored environment. Role-plays are often used to re-enact scenarios that have happened in the past. The offender must take this seriously and see the scenario is real and the therapist has to be brave and wind the offender up. Successful negotiation of the role-play will be met with positive reinforcement.

Question 53

L 11: evaluation of anger management
(2+ & 3-)

Answer 53

+ Anger management is a multidisciplinary approach (cognitive, behavioural and social elements are included) which acknowledges that offending is a complex social and psychological behaviour, and any attempt to address it must include these different elements.

+ 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.

• The assumption that anger causes offending may be false. Many crimes, such as financial crime, are not motivated by anger. Even murder is not always motivated by anger, Harold Shipman murdered over 215 of his patients during his time working as a GP, and his motivation was to alleviate their suffering.
• Anger management programmes are expensive to run as they require a highly trained specialist who is used to dealing with violent offenders. Many prisons do not have the resources to run such programmes.
• The success of anger management is based on the commitment of those who participate, and this is a problem if prisoners are uncooperative or apathetic.

Question 54

L12: what are restorative justice programmes aims

Answer 54

Restorative justice 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 and move on with their lives). Victims are encouraged to take an active role in the punishment of the offender, and offenders are required to take responsibility for their actions and face up to what they have done to their victim.

Question 55

L12: what is the process of restorative justice

Answer 55

The process of managed collaboration between the offender and the victim based on the principles of healing and empowerment. A trained mediator facilitates a meeting between the offender and the victim. The victim is given the opportunity to confront the offender and 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.

Question 56

L12: key features of restorative justice

Answer 56

• Focus on acceptance of responsibility and positive change for offenders (less emphasis on punishment).
• Not restricted to courtrooms, survivors (seen as more empowering than ‘victims’) 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 and offenders.

Question 57

L12: Evaluation of Restorative Justice
(1+ 4-)

Answer 57

+ Shapland et al. (2007) conducted a government funded research project and found that every £1 spent on restorative justice would save the criminal justice system £8 by reducing recidivism. However, because restorative justice requires specialist and highly trained professionals it is very expensive and finding funding has proved challenging.

• The success of restorative justice relies on the offender showing remorse. Some offenders might sign up for the scheme to avoid prison, or reduce their sentence, rather than from a genuine willingness to change. This could explain the high dropout rates in restorative justice, offenders often change their mind because they were not committed to the process in the first place.
• Victims may have an ulterior motive for agreeing to take part in restorative justice, they may simply want to seek revenge.
• The organisation ‘Women’s Aid’ has called for an end to the use of restorative justice 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 victims and so a meeting between them could be dangerous.
• Restorative justice 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’.