Forensics Flashcards

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1
Q

What is Offender Profiling?

A

A behavioural and analytical tool that is intended to help investigators accurately predict and profile the characteristics of unknown criminals

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2
Q

When was Offender Profiling created?

A

The 1970s

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3
Q

Where uses the Top Down Approach?

A

America

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4
Q

How does the Top Down Approach work?

A
  • Starts with the crime scene and the evidence there
  • Uses pre-established typology to assign the criminal to one of two profiles based on witness reports and evidence
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5
Q

Why does the Top Down Approach work?

A

Criminals have ways of working that correlate with psychological and social characteristics.
The characteristics allow police to categorise criminals as either organised or disorganised.

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6
Q

Who suggested Organised and Disorganised types of criminals?

A

Hazelwood and Douglas

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7
Q

What are some key characteristics of Organised Criminals?

A
  • Evidence of planning - weapon taken, little evidence left, body hidden, travel away from home
  • Targets the victim - they either know the victim or have a particular type of victim
  • Higher than average intelligence
  • Social and sexual competence - usually married or have children
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8
Q

What are some key characteristics of Disorganised Criminals?

A
  • Little/no evidence of planning - weapon found at scene, frenzied attack of rage, body left, evidence left, close to home
  • Lower than average intelligence
  • Low/no social or sexual competence - usually live alone
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9
Q

How many stages do the FBI have to construct a criminal profile?

A

4

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10
Q

What are the 4 stages of FBI criminal profile construction?

A

1) Data assimilation
2) Crime scene classification
3) Crime reconstruction
4) Profile generation

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11
Q

What is data assimilation?

A

Analysing the evidence at the crime scene and witness reports

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12
Q

What is Crime Scene Classification?

A

Classifying the crime as organised or disorganised

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13
Q

What is Crime Reconstruction?

A

Developing hypotheses about the sequence of events

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14
Q

What is Profile Generation?

A

Developing a hypothesis about the offender

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15
Q

Who is an example of an organised criminal?

A

Ted Bundy

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16
Q

How is Ted Bundy an Organised criminal?

A
  • He was highly intelligent and excelled at law school
  • He was charming showing social and sexual competence
  • He had a type of victim - all brunette students with a middle parting - they looked like his ex girlfriend
  • He travelled across 7 states to perform his crimes
  • He had a set pattern of rape and murder by beating
  • He left few clues and escaped capture for a long time
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17
Q

Evaluate the Top Down Approach of Criminal Profiling

A

Good - Top down profiling can be adapted to other kinds of crime such as burglary
- Critics claimed the approach only worked for extreme or serial crimes such as rape or murder
- However, reports have shown it has been applied to burglary and has had an 85% rise in solved cases in 3 US States
- It adds 2 new categories to organised and disorganised: Interpersonal (criminal knows the person and steals a valuable item)
Opportunistic (young, inexperienced offenders)
- This suggests a wider application

Bad - Based on Flawed evidence
- FBI profiling was created based on 36 interviews with serial killers and murderers
- Canter et al argued it was a small sample size that was not randomly selected and did not include different types of crimes
- The interviews were unstructured, so there was no standardised or comparable procedure
- This could mean the top down approach is not scientific so lacks validity

Bad - It may be difficult to classify a crime as only one
- There are a variety of combinations of organised and disorganised, and killers might have contrasting characteristics such as high intelligence but leaves the body at the scene
- This suggests organised/disorganised classification is more likely to be a continuum

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18
Q

Where uses the Bottom Up Approach?

A

The UK

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19
Q

What are the 2 types of Offender Profiling?

A

Top Up Approach (USA)
Bottom Down Approach (UK)

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20
Q

How does the Bottom- Up Approach work?

A

It works up from evidence collected at the crime scene to develop hypotheses about the likely characteristics, motivation, and social background of the offender

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21
Q

What is Investigative Psychology?

A
  • A form of Bottom-Up profiling that matches details from the crime scene with statistical analysis of typical offender behaviour patterns that are based on psychological theory.
  • Patterns of behaviour that occur across crime scenes are used to develop a statistical database which acts as a baseline for comparison
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22
Q

What does Investigative Psychology include?

A

Interpersonal Coherence
Significance of Time and Place
Forensic Awareness

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23
Q

What is Interpersonal Coherence?

A

The way the offender behaves at the scene

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24
Q

What is Significance of Time and Place?

A

An indicator of where the criminal lives

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25
Q

What is Forensic Awareness?

A

The criminal’s ability to remove forensic evidence

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26
Q

What is Geographical Profiling?

A

A bottom up approach that is based on the theory of spatial consistency.
An offender’s operational base and possible future offences are revealed by knowing the geographical location of their previous crimes.

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27
Q

What is Crime Mapping?

A

Making inferences about the likely home or base of an offender based off the geographical location of their previous crimes.

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28
Q

Who proposed the ‘Circle Theory’

A

Canter

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29
Q

How many models does Canter’s Circle Theory propose?

A

2

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30
Q

What are the 2 models in Canter’s Circle Theory?

A

The Marauder
The Commuter

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31
Q

What is The Marauder

A

Someone who operates close to their home base

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32
Q

What is The Commuter

A

Someone who travels away from their usual residence to commit a crime

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33
Q

Why is it called the Circle Theory?

A

The pattern of previous offending usually forms a circle around the criminal’s residence/base

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34
Q

How does the Circle Theory become more clear?

A

The more crimes someone commits, the more likely we are able to determine their location. We can pair this with more knowledge of the nature of the crime to find a fitting suspect.

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35
Q

What happened in the case of Rachel Nickell?

A

She was stabbed 47 times and her 2 year old son was the only witness
A profile was drawn up which highlighted Colin Stagg as a prime suspect for matching characteristics and a dog-walking route going past where she was stabbed
For 5 months, a female police officer went undercover to pretend to date Stagg so he would confess
However, they later found Robert Napper guilty after finding new evidence. He had been removed from the case due to his height being slightly off the profile

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36
Q

How does the case of Rachel Nickell highlight issues with offender profiling?

A

It suggests that past statistics and hypotheses may be too rigid, so some key suspects may be removed from the investigation too soon.
In addition to this, vague characteristics may make someone completely innocent fit the profile perfectly

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37
Q

Evaluate the Bottom-Up approach to Offender Profiling

A

Good - Investigative Psychology has research support
- 66 Sexual Assault cases were examined using smallest space analysis
- Several behaviours were identified as common in different samples of behaviour, such as impersonal language and lack of reaction to the victim
- Each individual displayed a characteristic pattern of these behaviours which can help establish whether offences were committed by the same person
- This supports investigative psychology by demonstrating people are consistent in their behaviour

Bad - Case linkage depends on the database
- The database only includes cases that have been reported and then solved
- The recorded crimes may have only been solved as they were straightforward to link together in the first place, so it may be a circular argument
- This suggests investigative psychology may only work if there are similarities or links to past solved crimes, and if not, they will remain unsolved
- This could mean criminals are still a threat to society

Good - There is evidence support for geographical profiling
- Information was gathered from 120 murder cases involving serial killers in the US
- Smallest space analysis revealed spatial consistency in the behaviour of the killers
- The location of each body disposal site created a ‘centre of gravity’ as they aimed to travel to a different side of their residency each time to avoid 2 bodies near each other
- This helps to catch killers and reduces the area of suspects

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38
Q

Who came up with the Atavistic Form?

A

Lombroso

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39
Q

What is the Atavistic Form?

A

A biological approach to offending that suggests criminals are genetic throwbacks, or primitive subspecies that are ill-suited to conforming to the rules of modern society.
The criminal individuals can be distinguishable by particular facial and cranial characteristics

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40
Q

When did Lombroso write his book?

A

1876

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41
Q

What was Lombroso’s book called?

A

The criminal man (translated from Italian)

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42
Q

What were Lombroso’s main suggestions?

A
  • Criminals were genetic throwbacks
  • Criminals are a primitive subspecies and are biologically different from non-criminals
  • Criminals lack evolutionary development, and their savage and untamed nature mean it is difficult for them to cope in civilised societies, so they turn to crime
  • Crime is innate
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43
Q

What type of features are usually included in atavistic characteristics?

A

Cranial (skull)
Facial

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44
Q

What are the Cranial features of criminals?

A

Narrow, sloping brows
High cheekbones
Facial Asymmetry
Strong, prominent jaws

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45
Q

What are other physical characteristics of criminals?

A

Dark Skin
Extra toes, nipples or fingers

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46
Q

What are other characteristics of criminals?

A

Tattoos
Use of Slang
Unemployment
Insensitivity to pain

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47
Q

What are atavistic characteristics of murderers?

A

Bloodshot eyes
Curly hair
Long ears

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48
Q

What are atavistic characteristics of Sexual Deviants?

A

Glinting eyes
Projecting ears
Swollen, Fleshy Lips

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49
Q

What are atavistic characteristics of Fraudsters?

A

Thin and ‘Reedy’ lips

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50
Q

What was Lombroso’s procedure?

A

He examined the skulls of Italian convicts:
383 were dead
3839 were alive

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51
Q

What did Lombroso find?

A

40% of criminal acts are committed by people with atavistic characteristics
He concluded there was an atavistic form, and said the features were key indicators of criminality

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52
Q

Evaluate the Atavistic Form as a Biological Explanation of Offending Behaviour

A

Good - Contributions to Criminology
- Lombroso is called the ‘father of criminology’
- He shifted the emphasis of crime from moralistic to scientific to reduce bias
- His descriptions of criminals helped to establish Offender Profiling

Bad - Scientific Racism
- His work has racist undertones
- Many atavistic characteristics describe people with African descent - curly hair, dark skin
- His research fitted 19th century eugenic attitudes, suggesting a subjective view influenced by racist attitudes

Bad - Flawed methodology
- Lack of control as he did not use a control group
- There could be confounding variables which explain why crime rates are higher in certain societies
- e.g. crime is associated with poverty and low social class, and this could explain why he identified unemployment as one of the characteristics
- Suggests his work is not as scientific as it should have been

Bad - Causation is an issue
- Research contradicts the link between atavism and crimes
- Researchers compared 3000 offenders and 3000 non-offenders to find anything physically atypical
- They did not find distinct unusual facial or cranial features of offenders, they only suggested criminals have a lower IQ/Intelligence
- This challenges Lombroso’s suggestion of a subspecies

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53
Q

What are the Biological Explanations of Offending Behaviour?

A

Historical approach (Lombroso + atavistic form)
Genetic explanations
Neural explanations

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54
Q

What does the Genetic Explanation of Offending Behaviour suggest?

A

Offenders inherit a gene or combination of genes that predispose them to commit a crime

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55
Q

How is the Genetic Influence of Offending Behaviour studied?

A

Twin studies
Family studies
Adoption studies

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56
Q

Who conducted the twin study for offending behaviour?

A

Christiansen

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57
Q

Why do we use Twin Studies to test the influence of genes?

A

We can see the concordance rates and compare the concordance rates between MZ and DZ twins as MZ twins should have 100% concordance

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58
Q

What did Christiansen do?

A

Examined 3,500 pairs of twins in Denmark and identified the concordance rates of criminal behaviour

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59
Q

What were the concordance rates of Christiansen’s findings?

A

Male MZ - 35%
Male DZ - 13%
Female MZ - 21%
Female DZ - 8%

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60
Q

What did Christiansen find?

A

There is some concordance, and the concordance is higher for MZ twins, suggesting a degree of inheritance
HOWEVER
All concordance rates are low, indicating the environment plays a large part in criminal behaviour
The male and female differences also suggests gender could play a role

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61
Q

Who conducted the adoption study for offending behaviour?

A

Crowe

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62
Q

Why do we use Adoption Studies to research the influence of genes?

A

Adoption studies look at environmental factors by looking at children who’s parents have no genetic similarity.
It helps separate the nature and nurture factors:
Nature is dominant if a genetic behaviour is displayed
Nurture is dominant if a genetic behaviour is not displayed

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63
Q

What did Crowe do?

A

Compared a group of adopted children whose biological mother had a criminal record to a group of adopted children whose biological mother did not

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64
Q

What did Crowe find?

A

50% of the adopted children whose biological mothers had a criminal record also had one when they were 18, so regardless of environment, children related to criminals were more likely to be criminals

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65
Q

Who researched candidate genes for the genetic explanation of offending behaviour?

A

Tiihonen et al

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66
Q

What was Tiihonen et al’s procedure?

A

Conducted a genetic analysis on 900 offenders

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67
Q

What did Tiihonen find?

A

There were abnormalities in 2 of the offenders’ genes which made them 13 times more likely to have a history of violent behaviour

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68
Q

What were the 2 candidate genes Tiihonen found?

A

MAOA gene
CDH13 gene

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69
Q

What does the MAOA gene do?

A

Controls dopamine and serotonin levels in the brain

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70
Q

What happens to the MAOA gene in criminals?

A

There is low activity of this gene, leading to low serotonin
Low serotonin leads to aggression

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71
Q

What does low levels of serotonin lead to?

A

Aggression

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72
Q

What does the CDH13 gene do?

A

It controls the development and communication of neurons in the brain

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73
Q

What happens to the CDH13 gene in criminals?

A

It doesn’t function properly, leading to lack of communication and development of neurons in the brain
This is linked to substance abuse and ADHD

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74
Q

What is the Diathesis Stress model for offending behaviour?

A

A tendency towards criminal behaviour might come through the combination of a genetic predisposition (diathesis) and a psychological or environmental trigger (stressor)

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75
Q

Evaluate Genetic Explanations of Offending Behaviour

A

Good - Strong support for the Nature side of the Nature/Nurture debate
- Research into family and twin studies has suggested a genetic basis for behaviour which has implications for our understanding of offending behaviour
HOWEVER
- Supporters of the nurture side of the debate argue that ignoring the influence of important external factors such as parenting, culture and social learning means it could be considered reductionist
- It ignores crucial elements of explaining offending behaviour and only accounts for genes and biological influences
- This suggests it is a limited argument

Bad - Methodological issues with adoption studies
- Many children experience late adoption so are with their biological parents for a long time before adoption
- Lots of adoptees also maintain contact with their biological parents
- This makes it difficult to isolate and assess environmental impacts due to the influence biological parents might have had

Bad - Could be Biologically Deterministic
- The notion of a criminal gene presents a dilemma
- The legal system is based on the premise that criminals have personal, moral responsibility for their crimes, and they can only claim they were not acting on their own free will in extreme cases
- This raises an ethical question about what society does with people who are suspected of carrying criminal genes
- This could mean the concept could be socially sensitive, or it could mean that some criminals use it as an excuse for their actions: Stephen Mobley

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76
Q

What are the neural explanations of Offending Behaviour?

A

Prefrontal Cortex
Mirror Neurons

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77
Q

What is the suggested disorder of offenders?

A

Antisocial Personality Disorder

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78
Q

What is the Prefrontal Cortex? How does it function in offenders?

A

It is the part of the brain that regulates emotional behaviour
Raine found an 11% reduction in the volume of grey matter in the prefrontal cortex of people with Antisocial Personality Disorder

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79
Q

What are Mirror Neurons? How do they function in offenders?

A

Mirror neurons are neurons in the brain that control empathy
People with APD’s mirror neurons switched on when they were asked to empathise with someone one a film depicting pain
This suggests they can switch their empathy on and off unlike neurotypical people

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80
Q

Who came up with the Criminal personality as a Psychological Explanation of Offending Behaviour?

A

Eysenck

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81
Q

How many dimensions did Eysenck believe our behaviour could be represented across?

A

2

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82
Q

What were the original 2 dimensions Eysenck believed our behaviour could be represented across?

A

Introversion/Extroversion
Neuroticism/Stability

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83
Q

What was Eysenck’s third dimension that was added later?

A

Psychoticism/Sociability

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84
Q

What are Eysenck’s 3 dimensions of behaviour representation?

A

Introversion/Extroversion
Neuroticism/Stability
Psychoticism/Sociability

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85
Q

What basis did Eysenck believe personality has?

A

Biological Basis

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86
Q

Where does Eysenck believe our personality develops from?

A

From the Nervous System we inherit

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87
Q

What type of nervous system do extraverts have?

A

Under-active nervous systems so they seek excitement

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88
Q

What nervous system differences do neurotics have?

A

High levels of reactivity in the sympathetic nervous system for fight or flight
This makes them overanxious and difficult to predict

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89
Q

What traits to Psychotics have due to their nervous systems?

A

They are unemotional and aggressive as they have high testosterone levels

90
Q

What personality type did Eysenck believe criminals to have?

A

Neurotic-Extravert-Psychotic personality

91
Q

Why did Eysenck believe criminals were Neurotic-Extravert-Psychotics?

A

Neurotics - unstable
Extraverts - seek more arousal
Psychotics - are aggressive and lack empathy

92
Q

What did Eysenck believe criminal behaviour to be?

A

Developmentally immature and concerned with the need of immediate gratification

93
Q

What is the role of socialisation?

A

To teach delayed gratification

94
Q

How do criminals react to the role of socialisation?

A

Neurotic-Extraverts are difficult to condition due to their nervous systems
They do not learn and respond to anti-social impulses with anxiety
This means they will act more anti-socially

95
Q

How do we measure the Criminal Personality?

A

Using Eysenck’s Personality Inventory (EPI)

96
Q

What is Eysenck’s Personality Inventory?

A

A self-report psychological test that locates participants along the E, N, P dimensions to determine their personality type

97
Q

Evaluate Eysenck’s Theory of Criminal Personality

ALL BAD

A

Bad - Inconsistent findings
- Eysenck conducted a study on a large group of male offenders, and found consistently high scores for Psychoticism and Neuroticism, but not Extraversion
- In addition to this, another researcher conducted a review of 16 studies into EPT, and the links to criminality in young offenders
- They found consistently high levels of Psychoticism and Neuroticism, but again, not high levels of Extraversion
- This matters because it contradicts Eysenck’s theory, and casts doubt on its basis

Bad - Culturally Biased
- Researchers studied Hispanic and African American offenders in a New York maximum security prison
- They divided them into 6 groups based on their criminal history and offence
- All 6 were found to be less extraverted than a control group of non-criminals
- This was supposedly because the sample was of a different cultural group than was investigated by Eysenck
- This matters because it questions the validity and generalisability of the criminal personality and Eysenck’s theory

Bad - There is an unclear relationship between every trait of the criminal personality and offending behaviour (Extraversion)
- Extraversion is not consistently found to relate to criminality, suggesting another factor may be involved
- It could be that the type of crime is a more reliable predictor of whether someone is an extravert or not
- For example, criminals who happen to be extraverted may commit crimes that raise adrenaline levels as they seek environmental stimulation. This could include joy riding or physical assault
- This is important because it may be that extraversion does not cause criminality, but it acts as an indicator for certain crimes

98
Q

What are the 4 Psychological Explanations of Offending Behaviour?

A

Eysenck’s Criminal Personality
Cognitive Explanations
Differential Association Theory
Psychodynamic Explanations of Offending

99
Q

What are the 3 Biological Explanations of Offending Behaviour?

A

Historical Approach - Atavistic Form
Genetic Explanations
Neural Explanations

100
Q

What are the 2 Cognitive Explanations of Offending Behaviour?

A

The Level of Moral Reasoning
Cognitive Distortions

101
Q

Who researched the Level of Moral Reasoning as a Cognitive Explanation of Offending Behaviour?

A

Kohlberg

102
Q

What are Kohlberg’s main suggestions in his Level of Moral Reasoning theory?

A

Peoples’ decisions and judgements of what is right and wrong can be summarised in a stage theory of moral reasoning where the higher the stage, the more sophisticated the reasoning
He based his theory off peoples’ responses to a series of moral dilemmas
The theory is Developmental
He argues individuals grow in their understanding of moral reasoning and decision making behaviour through a stage process, and it becomes more complex as a child ages
He believes this process is usually complete around 9 years old, which is in line with the UK age of criminal responsibility (10)

103
Q

What Level of Moral Reasoning do criminals have in the Explanation of Offending Behaviour?

A

Criminals have a lower level of moral reasoning than non-offenders
Criminals have pre-conventional level 1, stages 1 and 2
These criminals need to avoid punishments and gain rewards, so are likely to commit crimes they believe they can get away with or will gain a reward from
They also usually have less mature, childlike reasoning

104
Q

What crimes are criminals with pre-conventional level 1, stages 1 and 2 moral reasoning likely to commit?

A

Crimes they believe they can get away with
Crimes they believe they will gain a reward from

105
Q

What are the 3 levels of moral reasoning?

A

1) Pre-Conventional Morality
2) Conventional Morality
3) Post-Conventional Morality

106
Q

What is Pre-Conventional Morality?

A

The first level of morality
The moral code is shaped by adults outside of the individual

107
Q

What is Conventional Morality?

A

The second level of morality
Moral standards become internalised and authority is not questioned

108
Q

What is Post-Conventional Morality?

A

The third level of morality
Abstract consideration of individual ethics and circumstances

109
Q

What are the 6 stages of morality?

A

1) Punishment Orientation
2) Instrumental Orientation / Personal Gain
3) Good Boy / Good Girl Orientation
4) Maintenance of the Social Order
5) Morality of Contract and Individual Rights
6) Morality of Conscience

110
Q

What pneumonic can I use for the 6 stages of morality?

A

Penguins
In
Greece
Must
Make
Money

111
Q

What Stages of Morality are in the Pre-Conventional Level of Morality?

A

1) Punishment Orientation
2) Instrumental Orientation

112
Q

What Stages of Morality are in the Conventional Level of Morality?

A

3) Good Boy / Good Girl Orientation
4) Maintenance of the Social Order

113
Q

What Stages of Morality are in the Post-Conventional Level of Morality?

A

5) Morality of Contract and Individual Rights
6) Morality of Conscience

114
Q

What is the Punishment Orientation Stage?

A

The first stage of morality
In the pre-conventional morality level
Rules are obeyed to avoid punishment

115
Q

What is the Instrumental Orientation Stage?

A

The second stage of morality
In the pre-conventional morality level
Rules are obeyed for personal gain

116
Q

What is the Good Boy / Good Girl Orientation Stage?

A

The third stage of morality
In the conventional morality level
Rules are obeyed for approval

117
Q

What is the Maintenance of the Social Order Stage?

A

The fourth stage of morality
In the conventional morality level
Rules are obeyed to maintain the social order

118
Q

What is the Morality of Contract and Individual Rights Stage?

A

The fifth stage of morality
In the post-conventional morality level
Rules are challenged if they infringe the rights of others

119
Q

What is the Morality of Conscience Stage?

A

The sixth and final stage of morality
In the post-conventional morality level
Individuals have a personal set of ethical principles

120
Q

What Level of Morality are Criminals likely to be at?

A

Pre-Conventional
Stages 1 and 2 (punishment orientation and instrumental orientation)

121
Q

What is an example of a Moral Dilemma used by Kohlberg to assess morality levels?

A

The Heinz Dilemma:

  • man’s wife has cancer
  • there is one drug that can cure her but it is too expensive for him by around $2,000
  • he asks for a discount or to pay late but the pharmacist says no
  • he debates breaking in and stealing it one night
  • should he? why/why not?
122
Q

Evaluate Level of Moral Reasoning as a Cognitive Explanation of Offending Behaviour

A

Good - Research Support
- researchers used a scale of 11 moral dilemma related questions on offenders and non-offenders
- they found offenders showed less mature moral reasoning than the non-offenders
- researchers also found offenders who committed crimes that required planning (burglaries) were more likely to be in a pre-conventional level of morality than those who committed crimes such as assault
- this supports moral reasoning as an explanation of offending behaviour

Bad - Kohlberg’s theory has been criticised for being Androcentric
- he used an all-male sample in his original study of moral dilemmas
- this suggests his concept of moral development is androcentric, and so is not generalisable to women
- researchers argue male views of morality are more likely to be pragmatic, while female views of morality are more likely to be compassionate and caring
- this suggests further research is needed on female participants to increase generalisability

Bad - Kohlberg’s use of the Heinz Dilemma has been criticised
- researchers argued the scenario lacks validity as Kohlberg interviewed children who had no experience being married, and no idea of what it would be like to have to make that decision
- this could mean there is no way of assessing their moral reasoning of the situation from their own perspectives
- this could matter because it may have limited the children in Kohlberg’s original samples’s ability to show level 3 reasoning as the hypothetical situation had no real consequences to them
- this suggests further research needs to be done with dilemmas that are relevant and understandable by the sample, so validity can be increased

123
Q

What are Cognitive Distortions?

A

Errors or biases in criminals’ information processing, characterised by faulty thinking

There are 2:
Hostile attribution bias
Minimalisation

124
Q

How can Cognitive Distortions explain Offending Behaviour

A

Criminals use faulty thinking to justify their criminal behaviour and explain how they interpret other peoples’ behaviour

125
Q

What are the 2 Cognitive Distortions that are used to explain Offending Behaviour?

A

Hostile Attribution Bias
Minimalisation

126
Q

What is Hostile Attribution Bias?

A

A cognitive distortion
It suggests criminals judge ambiguous situations and actions of others as aggressive/threatening when they might not actually be

127
Q

How might Hostile Attribution Bias explain Offending Behaviour?

A

Offenders may mis-read non-aggressive cues, such as being looked at, as being hostile or threatening
This often triggers a violent, disproportionate response

128
Q

Who researched Hostile Attribution Bias?

A

Schonenberg

129
Q

What did Schonenberg do/find?

A

He researched Hostile Attribution Bias in offenders and non offenders

He presented 55 violent offenders and a control group of non-offenders with images of emotionally ambiguous facial expressions

He found the violent offenders were significantly more likely to perceive the images as angry or hostile

130
Q

What is Minimalisation?

A

A Cognitive Distortion that is a type of deception
It downplays the seriousness of an event or emotion

131
Q

How might Minimalisation explain Offending Behaviour?

A

Offenders might deny or downplay the seriousness of an event or emotion to deal with their emotions of guilt

132
Q

Who researched Minimalisation as a cognitive explanation of Offending Behaviour?

A

Hashmall

133
Q

What did Hashmall do/find?

A

They researched Minimalisation in Offending Behaviour
They found 35% of child molesters argued their crime was non-sexual
36% of them stated the victim consented

134
Q

Evaluate Cognitive Distortions as a Cognitive Explanation of Offending Behaviour

A

Good - Practical application
- understanding cognitive distortions can help us treat criminal behaviour
- CBT helps offenders ‘face up’ to their behaviour with a less distorted view of their actions
- research suggested reducing denial and minimisation in therapy is correlated with reducing recidivism
- acceptance is also one of the key features of rehabilitation
- this is supported by evidence of effectiveness for rehabilitation
- this matters because it suggests it has a good real world application

Bad - It doesn’t explain why offending behaviour occurs in the first place
- cognitive biases are useful in explaining the thought processes criminals go through after a crime has been committed
- for example, minimalisation explains how the criminals might deal with their feelings of guilt, but it doesn’t explain why they committed the crime
- this is important because it questions the usefulness of cognitive biases as an explanation for offending behaviour

135
Q

Who proposed Differential Association Theory?

A

Sutherland

136
Q

What is Differential Association Theory?

A

The theory that individuals learn the values, attitudes, techniques and motives for offending behaviour through association and interaction with different people
Some people might associate with people who have negative views of crime, while others might be exposed to people with positive attitudes towards crime

137
Q

How did Sutherland create a Scientific Basis for his Differential Association Theory?

A

He developed a set of scientific principles that could explain all types of offending
He said conditions that are said to cause crime should be present when a crime is present, and they should be absent when a crime is absent
He aimed to not discriminate between social class or ethnic background
He aimed to discriminate between those who become criminals and those who do not

138
Q

What key concepts are included in Sutherland’s Differential Association Theory?

A

Scientific Basis
Offending as a Learned Behaviour
Learning Attitudes and Learning Techniques
Socialisation in Prison

139
Q

How did Sutherland believe Offending Behaviour can be learned?

A

It may be learned/acquired in the way any other behaviour is learned/acquired
It can occur through interactions with significant others who the child values the most and spends the most time with
Offending arises from two factors:
Learning attitudes
Learning techniques

140
Q

How can we mathematically predict how likely it will be for an individual to commit offences?

A

We need to know the frequency, intensity and duration of exposure to deviant and non-deviant norms and values

141
Q

What are the 2 factors in which Differential Association Theory believes offending arises from?

A

Learning Attitudes
Learning Techniques

142
Q

What is ‘Learning Attitudes’? (Differential Association Theory)

A

When a person is socialised into a group, they will be exposed to values and attitudes towards the law
Some attitudes will be pro-crime and others will be anti-crime
Sutherland argues that if the number of pro-criminal attitudes the person comes to acquire outweighs the number of anti-criminal attitudes, they will go on to offend

143
Q

What is ‘Learning Techniques’? (Differential Association Theory)

A

Offenders may learn particular techniques for committing offences from people in their environment or social group
For example, they might be taught how to break into someone’s house or how to disable a car stereo before stealing it

144
Q

What is Socialisation in Prison? (Differential Association Theory)

A

Sutherland’s explanation for Recidivism (reoffending)
He suggests while inside prison, inmates will learn new techniques of offending from other, more experienced offenders
The criminals may then put these into practice when released
In addition to this, most criminals will have a positive attitude towards crime as they have all committed one
This suggests, through observation and imitation or direct tuition from offending peers, that reoffending is likely from socialisation in prison

145
Q

Evaluate Differential Association Theory as a Psychological Explanation of Offending Behaviour

A

Good - Good contribution to Criminology
- Sutherland moved the emphasis away from early biological accounts of crime, such as Lombroso’s Atavistic Theory
- Differential Association Theory draws attention to the fact that dysfunctional social circumstances or environments may be more to blame than dysfunctional people
- this matters because it suggests DAT offers a more realistic explanation and solution to the problem of crime

Bad - It cannot explain all crimes
- it cannot explain impulsive crimes
- DAT assumes people build up to committing crimes through a process of making favourable associations towards criminality
- it does not explain impulsive crimes where a person has no forethought or plan
- their behaviour will likely not support Sutherland’s pattern
- this matters because it suggests the theory is incomplete

Bad - Difficulty Measuring
- Sutherland suggested we can predict offending behaviour by looking at differential associations
- however, many of the concepts cannot be tested or measured because they cannot be operationalised
- for example, it is hard to see the number of pro-crime attitudes a person has or has been exposed to
- this suggests we cannot know at what point the urge to offend is realised or offending is triggered
- this suggests the theory does not have scientific credibility

Bad - Deterministic
- it is environmentally deterministic
- it suggests exposure to pro-criminal values is enough to produce offending
- it therefore ignores people have free will
- this matters because it suggests it is not a comprehensive enough explanation for offending

146
Q

What are the 2 Psychodynamic Explanations of Offending Behaviour?

A

The Inadequate Superego
Maternal Deprivation Theory

147
Q

What is the Superego?

A

The morality principle of the tripartite personality (Freud)
It is the internalised sense of right and wrong
It develops at the end of the phallic stage when the oedipus or electra complex is resolved
It punishes the ego for wrongdoing through guilt
It praises the ego for good moral behaviour through pride

148
Q

Who suggested the Inadequate Superego as a Psychodynamic Explanation of Offending?

A

Blackburn

149
Q

What did Blackburn do?

A

Suggested the Inadequate Superego as a Psychodynamic Explanation of Offending
He argued that if the Superego is deficient or inadequate then offending behaviour is inevitable as the id is given ‘free reign’ and is not properly controlled

150
Q

What is the role of emotion in the Psychodynamic Explanation of Offending?

A

The idea that an inadequate superego can allow primitive, emotional demands to become uppermost in guiding moral behaviour
The psychodynamic explanations deal with the emotional life of the individual by acknowledging the role of anxiety and guilt in the development of offending behaviour
It also looks at a lack of guilt to understand offending behaviour

151
Q

What are Blackburn’s 3 suggested types of Inadequate Superego?

A

1) The Weak Superego
2) The Deviant Superego
3) The Over-harsh Superego

152
Q

What is The Weak Superego?

A

If the same-sex parent is absent during the phallic stage, the child cannot internalise a fully formed superego, and so there is no opportunity for identification
This means the child has a weaker internalised sense of right or wrong, so offending behaviour is more likely

153
Q

What is The Deviant Superego?

A

If a child internalises a superego with immoral or deviant values, this will lead to offending behaviour as they are not likely to associate guilt with wrongdoing

154
Q

What is The Over-Harsh Superego?

A

If a child’s parent is excessively harsh, the child will have an over-harsh superego that is crippled by guilt and anxiety
This may drive the child to perform criminal acts to satisfy the superego’s overwhelming need for punishment

155
Q

Who suggested the Theory of Maternal Deprivation?

A

Bowlby

156
Q

What is the Theory of Maternal Deprivation?

A

The idea that the ability to form meaningful relationships in adulthood is dependent on a warm, continuous relationship with the mother-figure
If there is prolonged separation from the mother in the critical period (first 6months-2years) then a child will experience inevitable, detrimental later consequences
These include damaged emotional and intellectual development
Damaged emotional development leads to Affectionless Psychopathy
This is characterised by lack of guilt, empathy and feelings for others
Affectionless Psychopathy is associated with criminals

157
Q

What is Affectionless Psychopathy?

A

Bowlby’s suggested affect of maternal deprivation on emotional development
It is a personality where people lack guilt, remorse, and empathy for others
Criminals are likely to be Affectionless Psychopaths

158
Q

How did Bowlby research Affectionless Psychopathy and its links to Offending Behaviour?

A

The 44 Thieves Study

159
Q

What was Bowlby’s procedure of his 44 Thieves Study?

A

He interviewed 44 adolescents/teenagers accused of stealing
He assessed them for signs of Affectionless Psychopathy
He also interviewed their families to identify any prolongued separations from their mothers in the first 2 years of their lives (maternal deprivation)
He compared their results to a control group of 44 emotionally unstable adolescents

160
Q

What did Bowlby find in his 44 Thieves Study?

A

14 of the 44 thieves were classed as affectionless psychopaths
12 of the 14 had experienced maternal deprivation in the first 2 years
5 of the remaining 30 had experienced maternal deprivation

2 of the control group had experienced maternal deprivation

This suggests maternal deprivation causes affectionless psychopathy and criminal behaviour

161
Q

Evaluate Psychodynamic Explanations of Offending

A

Bad - Gender Bias
- the psychodynamic theory assumes girls develop a weaker superego than boys as they do not experience castration anxiety so have less need to identify with their mothers
- this should mean females are more prone to criminal behaviour, but this is not supported by evidence from prison populations
- this matters because it highlights a serious flaw in the psychodynamic explanations of offending behaviour and suggests they are gender bias

Bad - Unfalsifiable
- it includes the superego, which is an abstract, unconscious Freudian concept
- this means it is not subject to empirical testing
- without evidence, the explanations cannot be scientifically tested and so they have to be judged on their face value
- this matters because psychodynamic explanations are regarded as pseudoscientific, and this could mean they contribute little to our understanding of crime

Bad - Maternal Deprivation Theory is based on flawed methodology
- Bowbly’s 44 thieves study might have been subject to researcher bias
- Bowlby conducted the interviews himself, and so he may have had unconscious or conscious preconceptions of which teenagers should display signs of affectionless psychopathy based on which teenagers he knew experienced maternal deprivation
- this matters because it could mean his research has low internal validity, which suggests it may lack validity or generalisability as an explanation of offending behaviour

162
Q

How many main topics are there in Dealing with Offending Behaviour are there?

A

4

163
Q

What are the 4 main topics are there in Dealing with Offending Behaviour?

A

Aims and Psychological Effects of Custodial Sentencing
Behaviour Modification in Custody
Anger Management
Restorative Justice

164
Q

How many Aims of / Reasons For Custodial Sentencing are there?

A

4

165
Q

What are the 4 Aims of / Reasons For Custodial Sentencing?

A

Deterrence
Incapacitation
Retribution
Rehabilitation

166
Q

What is Custodial Sentencing?

A

When a convicted offender spends time in a prison or closed institution - such as a psychiatric hospital or young offender’s institute

167
Q

What is Deterrence?

A

Putting people off engaging in offending behaviour

168
Q

What are the 2 levels of Deterrence?

A

General Deterrence
Individual Deterrence

169
Q

What is General Deterrence?

A

A level of Deterrence that aims to put general society off engaging in offending behaviour
It does this by sending a broad message that crime will not be tolerated

170
Q

What is Individual Deterrence?

A

A level of Deterrence that aims to prevent an individual from repeating the same offences after their negative experience

171
Q

What theory is Deterrence based off?

A

The behaviourist concept of conditioning through operant conditioning
Vicarious Punishment is used when people observe others be punished for a crime
Punishment is used for individual deterrence

172
Q

What is Incapacitation?

A

Taking the offender out of society to prevent them from re-offending
This protects the public
The need for incapacitation is dependent on the severity of the offence, and the nature of the offender

173
Q

What is an example of Incapacitation?

A

A serial killer or rapist will be incapacitated for longer or more extremely than an elderly person who refuses to pay council tax, as society needs more protection from the serial killer or rapist

174
Q

What is Retribution?

A

The enactment of revenge for the offence by making the offender suffer
It adopts an ‘eye for an eye’ viewpoint
It makes the offender suffer proportionately to the seriousness of their offence

175
Q

What is Rehabilitation?

A

The idea that Custodial Sentencing should reform the offender so they leave prison better adjusted to society and ready to take their place back in society
Prisons should provide opportunities to develop skills and training, or have accessibility to treatment programmes for drugs and anger
It should give the offender the chance to reflect on their offence and better themselves as a person to reduce Recidivism

176
Q

What are 3 Psychological Effects of Custodial Sentencing?

A

Stress and Depression
Institutionalisation
Prisonisation

177
Q

What is Stress and Depression as a Psychological Effect of Custodial Sentencing?

A

The stress of prison may increase the risk of an offender developing psychological disorders following release
Rates of suicide and self-harm are higher in prison than in general populations

178
Q

What is Institutionalisation as a Psychological Effect of Custodial Sentencing?

A

Offenders may adapt to the norms and routines of prison life
This may mean they are so accustomed to their prison routines that they are no longer able to function outside of prison

179
Q

What is Prisonisation as a Psychological Effect of Custodial Sentencing?

A

Prisoners are socialised into adopting an ‘inmate code’
Behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded inside the institution

180
Q

What is Recidivism?

A

Reoffending

181
Q

How can we measure the effectiveness of Custodial Sentencing as a deterrent?

A

By looking at recidivism rates in ex-prisoners

182
Q

What are the average Recidivism rates in the UK?

A

Proven (‘caught’) reoffending within one year of release was 45%

183
Q

What is the average Recidivism rate according to the Ministry of Justice?

A

Around 57% within one year of release

184
Q

Where has the highest average rates of Recidivism?

A

The UK and USA with around a 70% average for reoffending within one year of release

185
Q

Evaluate Custodial Sentencing for Dealing with Offending Behaviour

A

Good - It provides an opportunity for training and treatment
- the rehabilitation model argues prisoners should be able to become better people during their time in prison
- they should be less likely to reoffend and better equipped to society
- research found prisoners who do a prison college programme are 43% less likely to reoffend once released
- this suggests prison may be a worthwhile experience
HOWEVER
Bad - Not all prisoners are given access to rehabilitation opportunities
- prisons may have a lack of funding to provide useful resources for prisoners to better themselves and their skills
- the success of custodial sentencing may be dependent on education and training facilities within the prison system
- this matters because it could mean prison may only be worthwhile for those with good resources, and some prisoners are not given the chance for rehabilitation

Bad - It has negative psychological effects
- researchers have suggested prison can be brutal and devastating
- suicide rates of offenders are around 9 times higher than the general population
- the Prison Reform Trust found 25% of women and 15% of men reported symptoms of psychosis during their time in prison
- this matters because it suggests oppressive prison regimes can be detrimental to psychological health, which could affect rehabilitation

Bad - People may learn to be better offenders when in Custodial Sentences
- prison can give younger inmates the opportunity to spend time with older, hardened criminals who may teach them the tricks of the trade
- they may also form new criminal networks which they may follow up on once they are released
- this is supported by the Differential Association Theory as it suggests criminals learn the attitudes and acts of crime from others
- it is also supported by Social Learning Theory as older prisoners may act as role models for younger prisoners, which might motivate them to imitate their behaviour
- this matters because it might undermine attempts to rehabilitate prisoners, and it may actually increase the rate of recidivism

186
Q

Which Approach influences Behaviour Modification in Custody?

A

The Behaviourist Approach

187
Q

How does the Behaviourist Approach believe Behaviour Modification can occur in Custody?

A

As they believe all human behaviour is learned, they believe it is possible to encourage the unlearning of behaviour
They design behaviour modification programmes with the aim of reinforcing obedient behaviour in offenders, whilst punishing disobedience in the hope they can unlearn their offending behaviour and it will become extinct

188
Q

What is the main Behaviour Modification programme in Custody?

A

Token Economy Systems

189
Q

What is Behaviour Modification?

A

A way of dealing with offending behaviour that is based off the behaviourist approach
It aims to replace undesirable behaviours with more desirable behaviours through the selective use of positive and negative reinforcement

190
Q

What theory are Token Economies based on?

A

Operant conditioning

191
Q

How do Token Economies work in prisons?

A

Prisoners will be given tokens for desirable behaviours (secondary reinforcers)
Desirable behaviours in prison may include:
- avoiding confrontation
- following rules
- keeping their cell clean and orderly
These tokens will be exchanged for rewards (primary reinforcers) such as:
- phone-calls to loved ones
- time in the gym
- extra food or cigarettes
Rewards and desired behaviours would be made clear to the prisoners before the programme is implemented
Tokens may be withheld or removed as a punishment for non-compliance

192
Q

What are primary reinforcers? (forensics)

A

Rewards from tokens such as phone calls, cigarettes, food or gym time

193
Q

What are secondary reinforcers? (forensics)

A

The tokens in token economies that can be exchanged for rewards

194
Q

What are the 3 main stages in Designing and Using a Token Economy System? (forensics)

A

1) Operationalise Target Behaviours
2) Scoring System
3) Train Staff

195
Q

What is Operationalising Target Behaviours in Token Economies? (forensics)

A

A target behaviour should be broken down into component parts to operationalise it and make it easily observable and measurable
These units of behaviour should be objective and measurable, and should be agreed with prison staff and inmates in advance

196
Q

What is an example of Operationalisation of a Target Behaviour in Token Economies? (forensics)

A

The target behaviour may be improve interaction with other inmates
It may be broken down into smaller behaviours such as:
- not touching another prisoner as you pass them
- speaking politely to others

197
Q

What is a Scoring System in Token Economies? (forensics)

A

A hierarchy of how much each particular behaviour is ‘worth’
The more demanding the behaviour the greater the reward
Staff and prisoners should be made aware of the scoring system and the worth of each behaviour
Some token economies may award tokens directly, while others may award points which are converted into tokens
It is recommended that reinforcements should outnumber punishments by a ratio of 4:1

198
Q

What ratio should reinforcements outnumber punishments by?

A

4:1

199
Q

What is an example of a Scoring System? (forensics)

A

For improving interactions with inmates, more tokens might be awarded for ‘working co-operatively on a group task’ than ‘not swearing’

200
Q

What is Training Staff in Token Economies? (forensics)

A

It is important that prison staff are given full training to implement the token economy system successfully
The aim is to standardise the procedures so all prison staff are rewarding the same behaviours in the same way
Staff must record when they have awarded tokens so individuals’ progress can be assessed
Training can take several hours for several weeks

201
Q

Evaluate Behaviour Modification in Custody

A

Good - Relatively straightforward to set up in custody
- behaviour modification can be administered relatively easy as there is no need for any professional involvement or help
- token economies can be designed and implemented by anyone in the institution
- although training is required, it would be no where near the training or cost of a professional
- this suggests it is also easy to follow up and is cost-effective, so can be established in most institutions and accessed by most prisoners
- this matters because it suggests it has positive implications for the economy

Bad - It may not affect long-term behaviour
- it could have little rehabilitative value
- positive behaviour changes prisoners make hardly ever transfer outside of prison
- more cognitive treatments such as anger management may lead to more permanent behavioural change as the prisoners have to understand the cause of their offending and take responsibility for their own rehabilitation
- offenders can easily just ‘play along’ with token economies to access tokens for rewards, but they might not actually change their character
- this is supported by the fact that once a token economy is discontinued, offenders often quickly regress back to their former behaviour
- this matters because it may explain why recidivism happens once token economies are not in the real world
- this could suggest an interactionist approach using token economies and anger management may be more successful

Bad - They are seen to breach basic human rights as they are dehumanising and can be seen as unethical
- some have argued that some of the supposed rewards for good behaviour in a token economy programme should be seen as a right and not a reward given in response to a desired behaviour
- this is important because it has implications for how effective treatment programmes are, particularly if offenders share this notion and become sceptical of token economies as a treatment programme
- in addition to this, participation is often obligatory rather than optional
- this questions the morality and fairness of using token economy systems
- this matters because it suggests that token economies asa behaviour modification could be seen as unethical from a prisoner’s perspective

202
Q

What type of Therapy does Anger Management use?

A

Cognitive Behavioural Therapy (CBT)

203
Q

Who was a theorist for anger management?

A

Novaco

204
Q

How did Novaco suggest anger and offending behaviour occurs?

A

Novaco suggested that cognitive factors trigger the emotional arousal that leads to aggressive acts
He argued that, in some people, anger is quick to surface in situations that are perceived to be anxiety-inducing or threatening

205
Q

How does Anger Management work using CBT?

A

Becoming angry is reinforced by the individual’s feeling of control
CBT teaches the individual how to recognise the cognitive factors that trigger their anger and loss of control
They are also encouraged to develop techniques that achieve conflict resolution without violence

206
Q

How many Stages are there in Anger Management?

A

3

207
Q

What are the 3 stages in Anger Management?

A

Cognitive Preparation
Skills Acquisition
Application Practice

208
Q

What is Cognitive Preparation? What does it include?

A

The first stage in Anger Management

It requires an offender to reflect on past experience and consider the typical pattern of their anger
They can identify the situations that act as triggers to their anger, and if the offender interprets the event as irrational, the therapist can make this clear
The therapist can re-define situations as non-threatening to attempt to break the possibly automatic response for the offender

209
Q

What is Skills Acquisition? What does it include?

A

The second stage in Anger Management

The therapist introduces the offenders to a range of skills and techniques to help them deal with anger-provoking situations rationally and effectively
They might include:
Positive self talk (cognitive)
Assertiveness training to communicate more effectively (behavioural)
Relaxation training (physiological)
Meditation (physiological)

The aim is to control their emotions rather than be controlled by them

210
Q

What is Application Practice? What does it include?

A

The third (final) stage in Anger Management

Offenders are given the opportunity to practise their skills within a carefully controlled environment
Role-play might involve the offender and the therapist re-enacting scenarios that may have escalated feelings of anger and acs of violence in the past
This requires commitment from the offender as they must see each scenario as real
This requires bravery from the therapist as they need to ‘wind up’ the offender to assess their progress
If the offender deals successfully within the role-play, they are given positive reinforcement by the therapist

211
Q

Who found a positive outcome from Anger Management in young offenders?

A

Julia Keen

212
Q

What did Keen do? (procedure)

A

She studied the progress made with young offenders aged 17-21 who took part in a nationally recognised anger management programme
The course comprised 8 2hour sessions
The first 7 were over a 3 week period
The last session was a month afterwards

213
Q

What did Keen find?

A

There were initial issues of offenders not taking the course seriously, and individuals forgetting routines such as the requirement to bring their diary
Their final outcomes were generally positive
Offenders reported increased awareness of their anger management difficulties and an increased capacity to exercise self-control

214
Q

Evaluate Anger Management as a way to Deal with Offending Behaviour

A

Good - The benefits might outlast those of behaviour modification
- Anger Management might be more permanent than behaviour modification
- Anger Management tries to get to the cause of the offending by looking at cognitive processes which trigger anxiety and lead to offending, whereas behaviour modification only deals with surface behaviour
- Anger Management can give offenders an insight into the causes of their criminality through role play, and it may lead to them self-discovering ways of managing themselves outside of the prison
- this suggests anger management is more likely to lead to permanent behavioural change, and so it is likely a better way of dealing with offending behaviour than behavioural modification

Bad - Success may depend on individual factors
- researchers looked at Australian offenders in 2 groups: anger management group and a control group with no treatment
- they found the anger management had little impact for many, but this was not true for all offenders in the anger management programme
- those who were open to change and highly motivated from the beginning (had ‘treatment readiness’) had positive gains
- this suggests anger management may only benefit offenders who fit a certain profile, and this matters because it suggests anger management may not be suitable for everyone

Bad - Expensive
- the programmes are expensive to run as they require highly trained specialists who are used to dealing with violent offenders
- this may mean many prisons do not have the resources to fund it and if they spend the money on this there may be implications for the economy
- the success is also often based on the commitment of the prisoners, and this will be a problem if they are apathetic or uncooperative
- this could mean the process takes longer in these circumstances, leading to further expense
- this matters because it suggests cost effective, and effective anger management programmes are probably not going to work in most prisons

215
Q

What is Restorative Justice?

A

A system for dealing with offending behaviour that focuses on the rehabilitation of offenders through reconciliation with the victims (survivors)

216
Q

How is Restorative Justice assumed to work to deal with offending behaviour?

A

It enables an offender to see the impact of their crime, and serves to empower survivors by giving them a ‘voice’

217
Q

What is Changing the Emphasis in Restorative Justice?

A

RJ programmes change the emphasis from the needs of the state - to enforce the law and punish - to the needs of the individual victim - to get closure or feel compensated and come to terms with the crime
Victims take an active role in the process, and offenders take responsibility and face up to their actions
It focuses on the survivor of the crime and their recovery, as well as the rehabilitation of the offender

218
Q

What are some Key Features of the Restorative Justice Programme?

A
  • trained mediator supervision
  • non-courtroom setting where offenders voluntarily meet with survivors
  • face-to-face or via video link
  • active involvement from all parties
  • the survivor is given the opportunity to confront the offender and explain how they affected them
  • the offender should be able to comprehend the consequences of their actions, including the emotional distress it caused
  • the focus is on positive outcomes for both survivors and offenders
  • other relevant community members may also have a role in the process, such as neighbours, friends and family members. They might explain the effects of the crime on them
219
Q

What is Sentencing? (Restorative Justice)

A

Restorative Justice may happen pre-trial, and offender’s involvement in that may be considered during sentencing
It can function alongside a prison sentence to reduce the length of a sentence
It can be used as an alternative to prison, especially for young offenders

220
Q

What is Restitution? (Restorative Justice)

A

Usually a monetary payment by an offender to the survivor for the harm resulting from the offence
An offender may make some financial restitution to the survivor which may reflect the psychological damage caused, or the physical damage (for example if they broke in and burgled them)
The offender might sometimes repair damaged property themselves
Restitution can also be emotional
The offender can help support the healing process by repairing and rebuilding the survivor’s confidence or self-esteem

221
Q

What is the Restorative Justice Council?

A

An independent body whose role is to establish clear standards for the use of Restorative Justice, and to support survivors and specialist professionals in the field
It advocates the use of RJ beyond dealing with crime
It believes RJ can be used in preventing and managing conflict in many areas such as schools, children’s services, workplaces, and hospitals

222
Q

Evaluate Restorative Justice as a way of Dealing with Offending Behaviour

A

Good - Evidence suggests positive outcomes
- researchers conducted a 7 year research project and found:
85% of survivors of crime reported satisfaction from meeting the offenders face to face
78% would recommend it to others in a similar situation
60% felt better about the incident
Only 2% said they felt worse after
- this suggests Restorative Justice achieves some of its aims and helps survivors cope with the aftermath
- this matters as it suggests RJ is a successful way of dealing with offending behaviour that benefits the offender and survivors

Good - It seems to lead to decreased Recidivism
- researchers conducted a meta analysis of 10 studies comparing face-to-face RJ and custodial sentencing
- the RJ group was significantly less likely to reoffend
- this was especially the case in violent criminals
- another researcher found lower recidivism rates with adult offenders using one-to-one contact rather than general community involvement
- this suggests RJ has a positive impact on reoffending, which matters because it suggests it works and has good real world application

Bad - Offenders may abuse the system
- RJ will be a success if the offender genuinely wants to make amends because they regret the hurt caused
- however, many sign up to reduce their sentence, to play down their faults, or to maintain their relationship with the survivor using direct contact
- some offenders might only sign up to seek their own revenge or retribution as they believe custodial sentencing alone will not achieve these aims
- this may explain why not all offenders benefit, and some reoffend
- this matters because it suggests the effectiveness of RJ to deal with offending behaviour depends on the circumstance and type of offender