Forensics - paper 3 Flashcards
Basis
offender profiling - top down approach
That characteristics of an offender can be deduced from the characteristics of the offence and the evidence at a crime scene, or from other sources
purpose
offender profiling - top down approach
To narrow the field of enquiry to a list of likely suspects
Holmes and Holmes (1989) - 3 main goals
offender profiling - top down approach
- Social and psychological assessment (personality, age, race, sex, employment, education, marital status)
- Psychological evaluation of belongings (possessions that could associate offender with crime scene E.G souvenirs/photos ect)
- Interviewing suggestions and strategies (once profile is complete the profiler is responsible for developing techniques for the offender once in custody - draw out information)
history of top down approach
offender profiling - top down approach
- Originated at the FBI behavioural science unit in the US (1970s)
- Carried out in-depth interviews with 36 sexually motivated serial killers E.G Ted Bundy, Charles Manson
- Developed a template which can be used to match evidence from a crime to classify a murder or rapist
what is the top down approach
offender profiling - top down approach
- The interviews - creation of two offender types
- Profilers start with pre-established typology and work down from this in order to assign offenders to a category based on witness accounts and evidence from the crime scene
- Organised offenders and disorganised offenders
how to do the top down approach
offender profiling - top down approach
- Stage 1 - data assimilation
- Gathering all evidence available including crime scene photos, post mortem results ect
- Stage 2 - crime classification
- Placing the crime into either the organised or disorganised category
- Stage 3 - crime reconstruction
- Done in order to develop prediction about the motives and behaviour of offender/victim
- Stage 4 - profile generation
- Based on all available information, identifying possible characteristics of the offender, including physical appearance and personality
Characteristics of crime scene - organised
offender profiling - top down approach
- Planned
- Vitum targeted
- Self control shown at scene
- Personalised victim
- Controlled conversation
- Aggressive acts performed before death
- Weapon absent from scene
- Body hidden from view at scene or removed
Characteristics of crime scene - disorganised
offender profiling - top down approach
- Unplanned
- Victim not targeted
- Depersonalisation of victim
- Conversation avoided
- Weapon often present
- Body left visible at scene
Classification of offender and likely characteristic - organised
offender profiling - top down approach
- High intelligence
- Socially competent
- Usually have a partner/spouse
- Skilled occupation
- Watches media coverage
Classification of offender and likely characteristic - disorganised
offender profiling - top down approach
- Low intelligence
- Socially awkward
- Unlikely to be in a relationship
- Poor employment history
- Little interest in crime on
third type of offender
offender profiling - top down approach
- Douglas eventually added a third offender type in 1992. This was known as the mixed and was added to classify those who don’t easily fit into the two original categories
- Incomplete theory - use att A03
Key study - canter et al (2004)
offender profiling - top down approach
- AIM
- to test the reliability of organised and disorganised offender types
- METHOD
- content analysis on 100 cases of serial killers in the US to see if features of typographies are distinctly different
- used the criteria set out by douglas et al (1992) to classify 3 crime in each series as organised or disorganised
- RESULTS
- Twice as many disorganised as organised crime scene behaviour was identified
- Only 2 behaviours co-occurred in organised typographies - body concealed (70%) and sexual activity (75%)
- Most other behaviours co-occur regularly in less than half of the crimes committed
- Further analysis failed to separate variables into distinctly organised and disorganised
- CONCLUSION
- No real distinction between organised and disorganised behaviour
- All crimes have an organised element
- It may be possible to distinguish between serial killers as a function of how they exhibit disorganised aspects of their activities, but probably better to look at individual personality
evaluation
offender profiling - top down approach
- Potentially very useful in allowing offences to be linked and facilitating predictions about the time-frame of the next attack and how the series of offences is likely to develop
- Analysis of offender profiles by snook et al (2007) found that they were based on scientific argument and evidence only minority of the time, judgements are subjective based on often incomplete or ambiguous evidence from a crime
- Assumes stable crime type (wilson et al 1997) - most offenders show both types and this shifts from crime to crime
- Based on a very small/unusual sample of males, applies to violent sexual crimes - tried to use for other crimes - female serial killers are very different (gender bias) - should only be used for sexually violent crime
back ground
offender profiling - bottom up approach
- Sometimes called the british approach
- Pioneered by David Canter who objected to the often ‘intuitive’ judgements made by profilers using the top down approach
- A data-driven approach that makes use of statistical data on similar crimes that have been committed, in order to make predictions about the characteristics of an offender
key ideas - .1. Interpersonal coherence
offender profiling - bottom up approach
There is a consistency between the way offenders interact with their victims and with others in their everyday lives
key ideas - .2. time and place
offender profiling - bottom up approach
- The time and location of an offenders crime will communicate something about their own place of residence/employment
- We will also look at this element in more detail when we look at geographical profiling
key ideas - .3. criminal career
offender profiling - bottom up approach
Crimes tend to be committed in similar fashion by offenders and can provide indication of how their criminal activity develops
key ideas - .4. forensic awareness
offender profiling - bottom up approach
Offenders who show an understanding of police investigation are likely to have had previous encounters with the criminal justice system
Geographical profiling
offender profiling - bottom up approach - Geographical profiling
- Based on principle 2 - time and place
- Canter and Young
- 4 key assumptions - locatedness, systematic crime location choice, centrality and comparative case analysis
.1. location
offender profiling - bottom up approach - Geographical profiling
There may be multiple locations involved in any given crime - all of these help to build a picture E.G may have killed and disposed of the body in different places
.2. Systematic crime location choice
offender profiling - bottom up approach - Geographical profiling
The assumption is that crime scenes are not random - the offender will likely have some kind of connection/familiarity with the location
.3. centrality
offender profiling - bottom up approach - Geographical profiling
- Crime scenes tend to cluster
- Have two types of offenders - commuters (who travel from home to commit their crimes) and marauders (stay local)
- Canter found that 87% of sexual offenders are marauders
.4. comparative case analysis
offender profiling - bottom up approach - Geographical profiling
Assumption that the crimes are being committed by the same person, increasing the precision of geographical profiling
Considerations
offender profiling - bottom up approach
- Assumes that the target of crime is distributed more or less evenly throughout the space
- Works well in cities as everything is all in one space
- Rural areas are more spread out
- Profiles and maps are easily corrupted/distorted by linking incidents incorrectly
- Could minimise by looking at correlation coefficient (0.8) (inter-rater reliability)
Investigative psychology (Bottom up and top down)
offender profiling - bottom up approach
- More than just profiling
- Attempts to develop our understanding of crime to help solve future crimes, and to contribute to prosecution and defence procedures
- Emphasises the gathering of scientific and objective research into patterns in consistency and variability of behaviour of many different types of offender
- Creating a ‘database’ to which new crimes can be compared to suggests information about the likely offender
- E.G from content analysis Canter has identified 5 variables contribute to all sexual offences but in different patterns for different individuals, meaning we can determine whether 2 or more offences are committed by the same person
Key study - David Canter - Railway rapist (John Duffy)
offender profiling - bottom up approach
- Aim - To assist police with the capture of the “Railway Rapist”, a violent sex offender who committed a series of assaults between 1982 and 1985 near railway stations in London, which later led to three women being killed
- Evidence gathered by the police suggested more than one person was carrying out the attacks and police brought in David Canter to help build a profile of one of them whom they believed to be working alone.
- method - Using evidence, Canter put together a profile of the renamed “Railway Killer”. This included both personality and geographical characteristics.
- Results - Canter’s profile suggested that this individual had a poor past history with women, violent sexual history, forensic awareness, was in his mid to late twenties and was a semi-skilled labourer
- characteristics matched the profile of John Duffy, in that he was 29 years old, was separated from his wife, had been abusive to her during their marriage, had a criminal record and had made efforts to remove evidence of himself from the bodies of his victims and was a carpenter
- knowledge of the railway and lived near to the crime scenes
- conclusion - Although Canter’s profile wasn’t completely accurate (e.g. he had thought the offender wasn’t physically strong due to the restraints used during the assaults but Duffy was a martial arts instructor), he created a sufficient profile for police to question Duffy and place him under arrest. Sometime after his arrest and imprisonment, Duffy gave up the name of his accomplice David Mulcahy and both are serving life prison terms.
(+) Supporting evidence (credibility) + real life application (value or usefulness)
offender profiling - bottom up approach - evaluation
- Canters profiling helped to stop John Duffy.
- Allowed them to compare the heat map to their list of suspects which led to John Duffy being the only one in that location
- It has also been successfully applied to historical cases
(+) Can be applied to more than one type of crime
offender profiling - bottom up approach - evaluation
- Top down can only be applied to sexually motivated serial killers/killers
- Bottom up can be used for all type of crime
- This means that it has more use to the police
(+) Supporting evidence
offender profiling - bottom up approach - evaluation
- Lundrigan and Canter (2001)
- Information from 120 murders cases involving serial killers, analysis revealed spatial consistency in behaviour, especially marauders
- Reverse engineer with old cases to help find the killer in the new cases
(+) Based heavily on empirical data using statistic and theory, removing intuition of the profiler from the process
offender profiling - bottom up approach - evaluation
More scientific
(+) Copson (1995) - surveyed 48 police forces - advice provided by the profiler was useful in 83% of cases,
offender profiling - bottom up approach - evaluation
- Less stress on police forces, help them
- If all use the same then all help each other
- Decrease workload
- but only lead to accurate identification in 3%
- Shouldn’t rely on it all the time and use other techniques to help
A warning from history (can use as evaluation)
offender profiling - bottom up approach - evaluation
- The case of Rachel Nickell (1992); 21 year old stabbed 47 times and sexually assaulted on wimbledon common
- Police suspects Colin Stagg - a local man who walked his dog on the common and fitted the created profile - media harassed him
- Police instigated a ‘honey trap’ - for 5 months an undercover female police officer pursued Stagg, feigning romantic interest and tried to get him to confess
- There was no link between Stag and Rachel’s murder; the case was thrown out with a warning to police about their strategy
- 2008 Robert Napper was convicted, he had originally been ruled out of the enquiry because he was several inches taller than the profile
Atavistic form
Atavistic form - biological explanation to offending
- Made by Lombroso
- A biological approach to offender that attributes criminal activity to the fact that offenders are genetic throwbacks or a primitive subspecies ill-suited to conforming to the rules of modern society
- Such individuals are distinguishable by particular facial and cranial characteristics
- The offender could be identified as being in possession of particular physiological ‘markers’ that were linked to particular offences
- Atavistic characteristics, mainly features of the face and head that make offenders different from the rest
Cranial (skull) characteristics
Atavistic form - biological explanation to offending
- Any characteristic of the head and face structure
- The atavistic form included a narrow, sloping brow, a strong prominent jaw, high cheekbones and facial asymmetry
Other features
Atavistic form - biological explanation to offending
- Dark skin, and the existence of extra toes, nipples or fingers
- Could also have an insensitivity to pain, use of slang, tattoos and unemployment
- Murderers were described blood shot eyes, curly hair and long ears
- Sexual deviants had glinting eyes, swollen, fleshy lips and projecting ears
- Fraudsters had thin lips and ‘reedy’
Lombroso’s research
Atavistic form - biological explanation to offending
- Examined the facial and cranial features of both living (3839) and dead (383) italian convicts
- Concluded that there was an atavistic form
- 40% of offences were committed by offenders with Atavistic features
Supporting evidence - lombroso’s research
Atavistic form - biological explanation to offending - evaluation
- Confirmation bias
- Ethnocentric biased sample
- Only experimental group - no control
- Not even majority of offences - limited not only explanation
- Subjective
(-) Socially sensitive research
Atavistic form - biological explanation to offending - evaluation
- Lombroso states a certain face type which described a black person
- This is saying that all black people are criminals
- Racist
(-) No control group
Atavistic form - biological explanation to offending - evaluation
- We should see a difference in people who offend and don’t
- Bc there is no control group we can’t conclude that criminals show these traits anymore than non criminals
- Therefore this does not support that these features link to crime
- Only 40% were seen to have these features
- That biology can’t be the only reason for committing crime and that there should be another reason
(-) contradiciting research
Atavistic form - biological explanation to offending - evaluation
- Charles Goring (1913)
- Looked at comparisons of 3000 offenders and 3000 non offenders
- Concluded that there was no evidence that offenders are a distinct group with unusual facial and cranial characteristics (did find that they had a lower IQ)
twin study
Genetic - biological explanation for offending
where researchers look at both MZ and DZ twins in order to look at the influence of genres vs the environment
concordance rate
Genetic - biological explanation for offending
the percentage of paris or twins oe other blood relatives who exhibit a particular trait or disorder
candidate gene
Genetic - biological explanation for offending
a specific gene codes for a specific trait
diathesis stress model
Genetic - biological explanation for offending
when something in the environment causes a gene to express itself
early evidence
Genetic - biological explanation for offending
- Comes from twin studies
- Lange 1930
- 13 MZ and 17 DZ twins, one of each pair had served time
- 10 out of 13 of the MZ offenders twins was in prison (77%)
- 2 of the 17 DZ offenders twins was in prison (12%)
- Christiansen 1977
- > 3500 Danish twin pairs
- Concordance rates for offending
- Male MZ - 35%
- Male DZ - 13%
- Female MZ - 21%
- Female DZ - 8%
Crowe (1972)
Genetic - biological explanation for offending
- group of adopted children whose biological mother had a criminal record
- to a control group adopted children whose biological mother did not have a criminal record
- biological mother had a criminal record, 50% of the adopted children also had one by the time they were 18
- control group, only 5%
Crowe - What do these findings suggest?
Genetic - biological explanation for offending
- Shows that this is biological , as they commit the crime even when they are in a different environment from their biological mother
- Only influence they had to crime was genetic not from nurture
- HOWEVER
- 5% still went on to offend so there must be another explanation as well
Mednick et al (1984)
Genetic - biological explanation for offending
- More than 13,000 Danish adoptees studied
- When neither biological or adoptive parents had convictions, 13.5% of male adoptees had at least 1 court conviction.
- When at least one of the biological parents did, 20% of male adoptees had at least 1 court conviction.
- When at least one of both the adoptive and biological parents had a conviction, 24.5% of male adoptees had at least 1 court conviction.
Mednick et al (1984) - What do these findings suggest?
Genetic - biological explanation for offending
- When there was one biological parent with conviction there was 20% offending rate - shows that biology must have a factor
- HOWEVER
- When both or neither had conviction there was still an offending rate - shows it can’t just be biology
- What were the court convictions - lack of control
- Adopted parents wouldn’t have committed murder ect as they wouldn’t be allowed to adopt
Brunner et al (1993)
Genetic - biological explanation for offending
- Analysis of a large family in the Netherlands including a number of individuals responsible for crimes such as attempted rape, exhibitionism and arson
- Males were found to have a condition now called ‘Brunner syndrome’ (females are carriers only)
What is ‘Brunner’s Syndrome’?
Genetic - biological explanation for offending
- Sex linked condition affecting the production of a gene found on the X chromosome
- Results in lower intelligence levels and a deficiency of an enzyme - MAOA
- MAOA is involved in control of dopamine, noradrenaline and serotonin
Tihonen et al (2015) ⭐
Genetic - biological explanation for offending
- Completed a genetic analysis of almost 900 offenders in Finland.
- Each criminal was given a profile based on their offences, categorising them into violent or non-violent, and their genotypes obtained.
- Revealed two genes associated with violent crime;
- The MAOA gene and a variant of cadherin 13
Tihonen et al (2015) ⭐-
What did they find?
Genetic - biological explanation for offending
- Those with the genes were 13 times more likely to have a history of repeated violent behaviour
- Those classified as non-violent offenders did not have this genetic profile
- The association between genes and previsions behaviour was strongest for the 78 who fitted the ‘extremely violent offender’ profile
Why is Tihonen so desperate to emphasise genes as only a risk factor in explaining crime?
Genetic - biological explanation for offending
- Saying that this gene lead to criminal activity discards the concept of free will
- This means that you are a criminal and you can’t be anything
- Also lets people blame their crimes on their genes as they don’t have a choice
- Screening babies and putting them straight in prison
Soharabi (2013)
Genetic - biological explanation for offending
- What are the findings linked to provocation?
- That MAOA-L individuals showed higher levels of aggression than MAOA-H
- What are the findings linked to child maltreatment?
- When MAOA-L is combined with child maltreatment, you can predict committing crime
- What does it suggest would be the most accurate explanation for violent offending?
- Diathesis-stress model for criminality
- Diathesis is the MAOA-L / Caherin 13
- Stressor is child maltreatment
- Used to explain the differences in MZ twins
candidate genes
Genetic - biological explanation for offending
- MAOA
- The gene coding for the MAOA enzyme, found on the X chromosome
- CDH13 (Cadherin 13)
- A risk factor for a risk of ADHD/ADD and frequently comorbid with drug/alcohol abuse
Certain variations are also associated with violence
reductionism
Genetic - biological explanation for offending - eval
- By reducing the explanation to a genetic level we are being biologically reductionist
- Less valid
- Can look at causation better though
- Simplify and extremely complex theory
Deterministic
Genetic - biological explanation for offending - eval
- Can’t take only biology
- As it leads to wider implications (perceived , arrested , criminal responsibility , justice for victim) (implication for economy)
frontal lobe (important)
neural - biological explanation for offending
Thinking , memory , behaviour and movement
neurochemical explanation
neural - biological explanation for offending
- Serotonin
- Linked to mood and impulsiveness
- Scerbo and Raine
- Meta analysis of 29 studies into antisocial behaviour, all showed low serotonin levels
- Dopamine
- Link to the dopaminergic pathway which results in pleasure (rewarding feeling - desire to repeat behaviour) and to addiction/substance abuse
- Feelings of pleasure and motivation
- Buitelaar (2003)
- Juvenile delinquents given dopamine antagonist (reduce levels) showed decrease in aggressive behaviour
- High dopamine = aggressive
- Both neurotransmitters are linked to the activity of the MAOA gene but exact mechanism is unclear as L-MAOA should mean high levels of both , not low serotonin
Serotonin
neural - biological explanation for offending
- How it function in someone with a typical level of serotonin
- Generally inhibitory (type 2 synapse)
- In the frontal areas of the brain serotonin works to inhibit the firing of the amygdala (linked to fear; anger and other emotional responses) - calming effect
- Also regulates prefrontal cortex so affects response to external stimuli
- How it works in a criminal
- Low levels = cant control impulsive/aggressive behaviour or responses in a ‘normal’ way
- Can’t anticipate risk - impulsively engage in aggressive behaviour
dopamine
neural - biological explanation for offending
- Animals ‘prefer’ instantaneous reward
- Serotonin normally moderates dopamine activity to allow rational (long term taken into account) decisions - deferred gratification
- Low serotonin → higher levels of dopamine → increased impulsive behaviour
Neurophysiological explanation - Raine
four main predictors
neural - biological explanation for offending
- Four main predictors for becoming a violent offender
- Poor functional in frontal lobe
- Low resting heart rate
- Mother smoking/drinking at pregnancy
- Implication at birth that lead to brain damage
Neurophysiological explanation - Raine
brain imagining
neural - biological explanation for offending
- Brain imaging can predict that someone would be a criminal in the next 3-4 years
- Reduced volume in the amygdala (emotion region) are 4x more likely to commit a violent offence in the next 3-4 years
Neurophysiological explanation - Raine
neuro-ethical dilemma
neural - biological explanation for offending
- Neuro-ethical dilemma
- Ethical and moral problem
- Do we lock the baby up , kill them?
- If someone has the predisposition of a criminal , do we lock them up ?
- Criminology has taught raine to not forget the social environment and psychology looks at new tools and techniques (brain imaging , molecular genetics)
- A violent offender is like a jigsaw puzzle to crime - not one factor that causes violent crime (interactionist)
Rain et al (1997) ⭐ - criminal brain type
method
neural - biological explanation for offending
- The participants were 41 murderers (2 female) who had been charged with murder or manslaughter and had pled not guilty by reason of insanity
- The research used a PET scanning method to highlight areas of the brain activity and these results were compared to an age and gender matched control group
Rain et al (1997) ⭐ - criminal brain type
results
neural - biological explanation for offending
- They found reduced activity for the offender group in areas such as the prefrontal cortex (and thinning of this) and corpus callosum (the nerve fibres responsible for swift communication between the hemispheres)
- Additionally, there were abnormalities in the activity of the limbic system , including the amygdala (18% reduction) and thalamus
Rain et al (1997) ⭐ - criminal brain type
conclusion
neural - biological explanation for offending
- There is an indication that violent offenders have abnormal brain function when compared to normal controls
- As there is largely reduced activity; it would suggests that the brains of offenders are slowed and perhaps unable to make the swift decision to react appropriately in certain situations
- E.G the frontal lobes are linked to planning behaviour; therefore, perhaps the decreased prefrontal cortex activity indicates that offenders are unable to consider the consequences of their actions and control their behaviour
evaluation of raine et al study
neural - biological explanation for offending
- Murderous brain type - social sensitivity (neuro ethical dilemma)
- Causation - don’t know which order it came in
- Sample size
- Pet scan - invasive (radioactive) however extremely scientific
- Ethical - Might not be able to consent as they have pleaded not guilty for reasons of insanity
- Free will and determinism
Frontal lobe abnormality - rational decision making impaired
neural - biological explanation for offending
- raine et al
- the volume of the prefrontal grey and white matter in the brain of 21 people with ADP compared to control group
- used MRI
- APD - anti social personality disorder
- all 42 had their autonomic activity measured while in stressful situation
- a reduced amount of grey matter (11%) was found in the ADP group and they had slow responses
- CONCLUSION
- low levels of grey matter means they can not regulate their behaviour and solve conflicts (right or wrong)
- amygadala can not inhibit the emotional behaviour
- autonomic response - no fight or flight - act on impulse
- Kandel and freed
- Found that individuals with frontal lobe damage had a tendency to exhibit emotional instability , a failure to consider the consequence of their actions , or adapt their behaviour in response to external cues , resulting in antisocial behaviour
Amygdala - emotional processing impaired
neural - biological explanation for offending
- Raine et al (1997) - above
- Potegal et al
- Found that stimulating the amygdala of hamsters led to an increase in aggressive behaviour
eysenck’s personality inventory
criminal personality (EPI) - psychological explanation
- continuum
- neuroticism - stability
- intorversion - extraversion
- psychoticism - sociability
Extraversion
criminal personality (EPI) - psychological explanation
- Refers to a biological need individuals have for high or low levels of environmental stimulation
- Seek excitement and stimulation
- And don’t learn from mistakes easily
- Have lower levels of arousal which means they seek environmental stimulation to fuel their excitement
introversion
criminal personality (EPI) - psychological explanation
- quiet
- shy
Neurotic
criminal personality (EPI) - psychological explanation
- Refers to the stability of personality and relates to how a persona nervous system is
- An individual with low levels of neuroticism have a stable nervous system that doesn’t have changeable reactions
- High neuroticism score would represent someone who is more reactive and volatile
stability
criminal personality (EPI) - psychological explanation
- calm
later added
criminal personality (EPI) - psychological explanation
- Psychoticism
- Individuals are suggested to have higher levels of testosterone and are unemotional and prime to aggression ]
- Sociability
criminal personality type
criminal personality (EPI) - psychological explanation
- high extraversion
- high neuroticism
supporting evidence
criminal personality (EPI) - psychological explanation - eval
- Supported by comparing personality scores of a sample of delinquents and non delinquents
- Can’t confirm causation - tells us criminal population have a different personality but can’t say that personality causes the criminal behaviour
- Especially as there are inconsistencies when some are not present
- If complete explanation then it would be the same every time
The biological element (interactivism)
criminal personality (EPI) - psychological explanation
- Personality has a biological origin via nervous system we inherit
- Linked to an area called the RAS - Reticular activating system
- Regulates the stimuli sent to the cerebral cortex, our selective attention centre
- Extroverts have an RAS which filters out too much stimuli
- Cerebral cortex is underaroused
- Arousal satisfied by seeking out thrills aka criminal activity
not just biology
criminal personality (EPI) - psychological explanation
- Socialisation process is also important
- Criminal behaviour is immature (selfish, about immediate gratification)
- During socialisation children are taught to function on delayed gratification
- High E and N → difficult to condition → don’t learn to respond to antisocial impulses with anxiety → more likely to act that way
reductionist
criminal personality (EPI) - psychological explanation - eval
- is personality stable?
- context dependant and changes overtime with experience
- not a reliable measure
- not consitent
- also - personality is more complex and doesnt actually predict crime
kohlberg’s moral dilemmas
moral reasoning - cognitive explanation for offending
- Aim - by studying the answers kohlberg hoped to discover how moral reasoning changed as people grew older
- Sample - 71 chicago boys aged 10-16 years, 58 of whom were followed up at three yearly intervals for 20 years
- Method - 2 hour interview based on the ten dilemmas, not about the decision made but the reasons given behind the decision
kohlbergs moral dilemmas - findings (stages of moral reasoning)
moral reasoning - cognitive explanation for offending
- identified 3 distinct levels of moral reasoning;
- pre-conventional (9 years old and younger) ,
- conventional (most adolescents and adults)
- post-conventional (10-15% of adults)
- People can only pass through these levels in the order listed
- Each new stage replaces the reasoning typical of the earlier stage
level 1 - pre-conventional morality
moral reasoning - cognitive explanation for offending
- 9 years and younger
- moral code is shaped by adults who are outside of the individual
- stage 1 - obediance/punishment orientation
- a child shows good behaviour to avoid punishment
- stage 2 - individualism and exchange
- child recognises that people have different viewpoints and authorities is not the only one which are right
level 2 - conventional morality
moral reasoning - cognitive explanation for offending
- most adolecents and adults
- moral standards become internalised and authority is not questioned
- stage 3 - good interpersonal relationships
- child appears in good order to be seen as a good personal and seek approval
- stage 4 - maintaining social order
- child shows awarness of societal rules and want to avoid punishment
level 3 - post conventional morality
moral reasoning - cognitive explanation for offending
- abstract considerations of individual ethics and circumstances
- Stage 5 - social contract and rights
- individual shows that an undertsanding of the rules dont always allpy and motal decisions arent straightforward
- stage 6 - universal ethical principles
- individual develops their own set of moral guidlines which may not fit in with the law
(-) ethics
moral reasoning - cognitive explanation for offending - eval of kohlberg
- Moral dilemmas are sensitive/traumatic decisions
- Participant harm → aversive → behaviour unnatural
(-) sample
moral reasoning - cognitive explanation for offending - eval of kohlberg
- Chicago , boys , 72
- Culture bias
- Gender , androcentric , beta bias
- Representative can’t generalise
- Lacks population validity
(+) longitunal study
moral reasoning - cognitive explanation for offending - eval of kohlberg
- Temporal validity
- Same 58 participants so participant variables are controlled
- ஃ Good internal validity
- Structured interview
(-) lacks mundane realism
moral reasoning - cognitive explanation for offending - eval of kohlberg
- Dilemmas are not relevant to 10-16 year olds
- Even many adults it’s not applicable to
- Moral dilemmas in an interview - not actually the dilemma
- Not seeing realistic choices and behaviours
(-) subjective
moral reasoning - cognitive explanation for offending - eval of kohlberg
Stages and level of reasoning was decided by Kolberg
moral reasoning linked to offending
moral reasoning - cognitive explanation for offending
Criminals are thought to show lower level of reasoning than non-criminals, most likely to be pre-conventional (avoid punishment , gain reward) - Hollin et al 2002
A03 - evidence for low level moral reasoning and offending
moral reasoning - cognitive explanation for offending
- kohlberg 1973
- Compared violent youths to non-violent youths using moral dilemmas
- Violent youths showed lower levels of moral reasoning
- Palmer and hollin 1998
- Compared moral reasoning in 332 non offenders and 126 convicted offenders using the sociomoral reflection measure short form which contains 11 moral dilemmas
- The offender group showed less mature moral reasoning than the non-offender group
A03 - criticism of moral reasoning for offending
moral reasoning - cognitive explanation for offending
- Different types of offender can show different levels of moral reasoning E.G Thornton and Reid (1982)
- Offenders who committed crimes which require some degree of planning such as burglary were more likely to be preconventional
- Whilst those who committed crimes such as assault (heat of the moment) were not
androcentrism
moral reasoning - cognitive explanation for offending
- P; Kohlberg has been criticised for using an all-male sample in the initial development of his theory of moral development. This would mean that his concept of moral development is androcentric (i.e. male orientated) and not generalizable to women.
- E; Gilligan (1972) argues that male views of morality are more likely to be law-based and pragmatic, while female views will be influenced by compassion and care.
- E; This is important because a female response to Heinz’s dilemma may not be influenced by the same moral reasoning.
- L; This means the explanation may not be generalised to all, and thus its link to explaining the behaviour of criminals and their reasoning may be limited to just males.
cogntive disortions
cognitive distortions - cogntive explanation for offending
are patterns of negative or exaggerated thought, which can reinforce maladaptive behaviour
2 types of distortion
cognitive distortions - cogntive explanation for offending
- hostile attribution bias
- minimalisation
distortion 1 - hostile attribution bias
cognitive distortions - cogntive explanation for offending
- misinterprety actions of others, assuming they are hostile/agressive when they are not
hostile attribution bias -
schonenberg and justice
cognitive distortions - cogntive explanation for offending
- presented 55 violent offenders with images of emotional ambiguous facial expressions , when compared to non aggressive matched control group the violent offenders were significantly more likely to view the images as hostile
- Can stem from childhood
- Schemas - confusing parenting , happy face then hit child
hostile attribution bias - dodge and frame
cognitive distortions - cogntive explanation for offending
showed children a video clip of an ‘ambiguous provocation’ (where the intention was neither clearly hostile nor clearly accidental). Children who had been identified as ‘aggressive’ and ‘rejected’ prior to the study interpreted the situation as more hostile than ‘accepted’ children
hostile attribution bias - could use as eval
cognitive distortions - cogntive explanation for offending
- Eckhart, Barbour and Davidson
- Found that men who had committed domestic violence were more likely to display hostile attribution bias than men who were satisfied or distressed with their marriage, further supporting the link between hostile attribution bias and aggressive crime
distortion 2 - minimalisation
cognitive distortions - cogntive explanation for offending
- downplay seriousness of an offence
- A01 - Barabee - among 26 incarcerated rapists, 54% denied they had committed an offence at all, a further 40% minimised the harm they had caused the victim
minimilastion - A03 kennedy and grubin
cognitive distortions - cogntive explanation for offending
found that the majority of convicted sex offenders tended to blame the victim and a quarter of the sample interviewed believed that the abuse was a positive thing for the victim, thereby minimalising their involvement
minimalisation - A03 nunes and jung
cognitive distortions - cogntive explanation for offending
- completed a meta-analysis of research looking at cognitive distortions and minimalisation in child molesters and rapists.
- Cognitive distortions that were significantly detected were minimalsation of
- .A) one’s own guilt and deviance,
- .B) harm to one’s own victims ,
- .C) one’s own need for treatment and
- .D) responsibility for one’s sex offences
(+) real life application
cognitive distortions - cogntive explanation for offending - evaluation
- CBT aims to challenge irrational thinking. In the case of offenders, they are encouraged to ‘face up’ to what they have done, and establish a less distorted view of their action
- HOWEVER - don’t know it is actually working, as the offender could be lying and reoffend as they want a reduced sentence as they show ‘remorse’
(-) type of offence
cognitive distortions - cogntive explanation for offending - evaluation
- Howitt and Sheldon
- Questionnaire responses from sexual offenders, non contact sex offenders used more cognitive distortions than contact. Those who had a previous history of offender were also more likely to use distortions as justification - not all used in the same way
- Can justify as those non contact haven’t “physically harmed the victim”, so don’t feel they have done anything to the victim
(-) describe not explain
cognitive distortions - cogntive explanation for offending - evaluation
Another problem is about what these distortions actually tell us. They describe the thoughts that criminals go through after a crime has been committed, but it doesn’t explain how they got there in the first place
superego
superego - psychodynamic explanation for offending
the moral component of the personality
weak superego
superego - psychodynamic explanation for offending
- child has not identifed with the same sex parent so has no moral code, becomes selfish and aggressive
- this could be due to the absence of the same sex parent
deviant superego
superego - psychodynamic explanation for offending
- child identifies with an immoral parent
- freud called this pseudo-heredity
over-harsh superego
superego - psychodynamic explanation for offending
- identification with a very strict parent leads to excessively punitive superego
- this may (unconciously) drive the individual to perform criminal acts in order to satisfy the superegos need for punishment
overharsh superego and offending
superego - psychodynamic explanation for offending
- An over harsh superego - it can either cause the person to become guilty by nature - unconsciously seek punishment by committing criminal acts to release the anxiety and guilt
- Or
- By preventing release of anxiety through use of defence mechanisms (from the ego, due to guilt) → overabundance of unresolved conflicts → overhelms the ego → expressed in extreme criminal behaviour
maternal deprivation hypothesis
maternal deprivation hypothesis - psychodynamic explanation for offendin
- Bowlby; the ability to form meaningful social relationships in adulthood was dependent on a close, warm and continuous relationship with the mother in the first few years
- Disruption → impaired ability to relate to others, can result in affectionless psychopathy which is linked to criminal behaviour
- Evidence - Bowlby’s 44 thieves
- Reported that 39% of a group of juvenile delinquents has experienced significant disruption to their attachments , compared to only 5% of a non-delinquent groups
(+) research support - links between offedning and superego
psychodynamic explanation for offending - eval
- Miroslav Goreta - conducted a freudian style analyse on 10 offenders
- Each offender experienced unconscious feeling of guilt and the need for self punishment and that this is the consequence of an over harsh superego
- The guilt manifests the crime
- HOWEVER
- If the theory were correct we would expect harsh , punitive parents to raise children who constantly experience feelings of guilt and anxiety
- Opposite is true , harsh parenting tends to lead to rebellious children who don’t feel guilt
(-) gender bias
psychodynamic explanation for offending - eval
- Freud’s assumption is that girls develop a weaker superego than boys because the identification is not as strong
- This is because girls dont experience the same high level anxiety from castration anxiety
- This means women should be more prone to offending than men
- However rates are the opposite in the UK (about 20 x more men)
- Alpha bias
(-) other factors
psychodynamic explanation for offending - eval
- Bowlby’s theory is only based on an association between maternal deprivation and offending
- Hilda Lewis - analysed data drawn from interviews with 500 young people and found that maternal deprivation was a poor predictor of future offending
- Even if there is a link it is not a casual relationship and there are countless other reasons
- Growing up in poverty may be a better reason
(-) not falsifiable
psychodynamic explanation for offending - eval
- Super ego is all unconscious
- How to measure
- Less of a science
custodial sentencing
cusodial sentencing - dealing with offending behaviour
involves a convicted offender spending time in a prison or other closed institution
aimsof custodial sentencing
cusodial sentencing - dealing with offending behaviour
- Deterrence - to prevent re offending and demonstrate to society the consequence of similar actions (general (shows society) and individual (stops that individual))
- Incapacitation - removing them from society to protect other people (depends on severity of the crime)
- Retribution - to show society and the victims family that the offender has been forced to pay for their actions (revenge) (eye for an eye)
- Rehabilitation - using education and treatment programmes to change offender behaviour
psychological effects of custodial sentencing
.1. stress and depression
cusodial sentencing - dealing with offending behaviour
- Suicide rates are considerably higher in prisons than in the general public
- Constantino et al - 7.5% of women and 6.3% of men in prisons suffer from depression
- Ministry of justice - 119 inmates killed themselves in prisons in england and wales in 2016
- Prison reform trust (2014) - 25% of women and 15% of men reported symptoms of psychosis
psychological effects of custodial sentencing
.2. institutionalisation
cusodial sentencing - dealing with offending behaviour
- Adapting to the norms and routines of prison life make it difficult to adjust to normal life beyond prison
- May have an impact on recidivism rates
psychological effects of custodial sentencing
.3. prisonisation
cusodial sentencing - dealing with offending behaviour
- This is the way in which prisoners are socialised into adopting an ‘inmate code’
- Behaviours may be considered unacceptable in the outside world
recidivism
cusodial sentencing - dealing with offending behaviour
- A tendency to relapse into a previous condition or mode of behaviour
- In this context, a convicted offender who reoffends , usually repeatedly
- In the UK, this is typically 45% within one year of release (ministry of justice)
- Reoffending rates vary based on place , time period, crime , age of offender
- In the US and austria rates around 60%
- In norway, recidivism rates are about 20% - this is thought to be due to less emphasises on incarceration and more rehabilitation and skills development than any other country
(-) prison does not affect each individual in the same way
evaluation of cusodial sentencing
- P - (-) prison does not affect each individual in the same way
- Ev - for example, the extent of the effects will depend on the dispositional traits of the convict, the length of their prison sentence, any previous experiences in prisons and the type of prisons in which they served previous sentences (e.g maximum security) and the number/gender of prison officers
- Ex - this means custodial sentencing can be more or less effective for certain individuals
- L - as a result it should not be viewed as a universally effective method of dealing with all types of offending
(-) the use and favorability of custodial sentencing may be affected by political motives, as suggested by davies and raymond
evaluation of cusodial sentencing
- P - (-) the use and favorability of custodial sentencing may be affected by political motives, as suggested by davies and raymond
- Ev - the majority of the public favours custodial sentencing as the main method for feeling with offending behaviour because society typically wants to see the criminal suffer and be remorseful for their actions
- Ex - this may lead to some political parties focus on toughening up prisons and prison sentences in an attempt to please the public and appear as tough on crime
- L - prisons may be presented as more effective than they are
(-) negative effect it has on prisoners
evaluation of cusodial sentencing
- P - (-) negative effect it has on prisoners
- Ev - the prison trust reform states around 25% of women and 15% of men report symptoms of psychosis following incarceration
- Ex - this supports/demonstrates that prison regimes may be detrimental in inmate psychological health
- L - if prisons are having a negative impact on prisoners, it therefore means that they can not be truly effective in achieving their end goals such as rehabilitation, and in fact may be making the issue worse
- Counter E - the prison trust reform did not state how many prisoners has psychosis before entering prison
- Ex - this means you can’t say that prison caused the psychosis
(+) the prisoners are surrounded by opportunities for learning and training
evaluation of cusodial sentencing
- P - (+) the prisoners are surrounded by opportunities for learning and training
- Ev - sex offenders may partake in compulsory CBT schemes and violent offenders can partake in anger management schemes, whilst others may opt for token economy systems
- Ex - this helps reduce the effects of their minimisation ( a type of cognitive distortion) and so reduce the likelihood of recidivism and can also be undertaken for a more lenient prison sentence
- L - useful method of dealing with offending behaviour
conditioning
behavioural modification - dealing with offending behaviour
- Classical conditioning - learning through association
- Operant conditioning - learning through consequence
- Positive reinforcement - giving something good to encourage behaviour
- Negative reinforcement - taking something bad to encourage behaviour
- Positive punishment - giving something bad to discourage behaviour
- Negative punishment - taking something good away to discourage behaviour
token economies
behavioural modification - dealing with offending behaviour
- secondary reinforcer to encourage behaviour
- Token economy are used to encourage desirable behaviour within a prison
- Additionally punishments are used in behaviour modification
- Tokens are secondary reinforcers that can be exchanged for the reward itself
how to design a token economy
behavioural modification - dealing with offending behaviour
- Operationalise target behaviours - break down into component parts
- Scoring system - how much is each behaviour worth? Behaviours are hierarchical
- Train staff - standardise the procedure
how might a token economy look in a prison
behavioural modification - dealing with offending behaviour
- Bullingdon prison incentive and earned privileges
- All prisoners are expected to work by law for 5/6 days per week - payed £8 a day
- All prisoners need to pas english and maths test before they can get a job - if fail go to education classes
- Operate basics, standard and enhanced levels in prison - each level come with its own benefits increases as you go
- Inmates start at standard, if they misbehave they lose privileges like visitation time, exercise time , work , tv and socialisation time
- If they behave well, they can jump up to enhanced where they gain gym time, additional money for the canteen, ability to apply for high paid jobs
Hobbs and Holt
behavioural modification - dealing with offending behaviour
- 125 adolescent males (12-15yrs)(IQs ranged from 50-137)
- Reside in 5 independent cottages with 2 of them being comparison control ones
- Focused on changing their social behaviour with other inmates and following rules
- Boys knew staff were keeping record
- Data collected over 14 months
- Cottage A - 66% to 91.6%
- Cottage B - 46.7% to 80.8%
- Cottage C - 73.2% to 94.2%
- No difference in comparison cottages
cohen and folopcjak
behavioural modification - dealing with offending behaviour
- Found that a group of young offenders who had experienced token economy were less likely to reoffend 1-2 years later compared to a control group
- However when followed up 3 years later , reoffending rates were the same for both groups
- Suggesting the impact of token economy reduces over time
Basset and Blanchard
behavioural modification - dealing with offending behaviour
Benefits of token economy were lost when staff applied the rules inconsistently due to a lack of training or high staff turnover
field
behavioural modification - dealing with offending behaviour
- The rewards and frequency of these rewards must be tailored to the individual offenders
- Found that in a youth offender setting, prisoners responded more positively when rewards were more immediate and more frequent
- However this tailored approach could be difficult to deliver in typical prisons
(-) Seen to breach basic human rights (ethical issues)
evaluation of behavioural modification
- Ev - some argued that same of the supposed reward for good behaviour should be seen as a right and not a reward (phone calls home, or yard time)
- Moya and Achtenburg - offenders are not given the option whether they participate in these token economy
- This means that there could be implications on how effective the treatment programmes are
- Particularly people who share this notion and became skeptical of the tokens
(+) Behaviour modification systems are flexible
evaluation of behavioural modification
- Field showed when they were tailored to people that they were more effective
- This means that the method is more reliable and effective as it can be modified to other people’s needs and makes them more likely to change their behaviour
- Better than anger management which needs more training - less money spent on it
- However
- Inconsistencies between staff was a big problem - confused prisoners
(-) Behaviour modification is only as treating the proximal cause (does not solve the problem)
evaluation of behavioural modification
- According to Blackburn token economies have little “rehabilitative value” as any positive change may quickly be lost when a prisoner is released
- Progress is unlikely to be assured upon release since law abiding behaviour is not rewarded/reinforced on the outside
- Rewards the offender receives from breaking the law (such as group status) may be more powerful than abiding by the token economy
- Less valuable
- (does not fix the problem just makes them better behaviour in the prison and not society)
anger management
anger management - dealing with offending behaviour
- Anger management programmes are forms of cognitive behaviour therapy
- Conducted in small groups from around 10 sessions
- Consists of 3 stages
- .1. Cognitive preparation
- .2. Skills acquisition
- .3. Application practice
stage 1 - cognitve preperation
anger management - dealing with offending behaviour
- Identify situations that provoke anger so they can recognise when an aggressive outbursts may occur
- Thought patterns are challenged and offenders are helped to complete cognitive restructuring to retrain their thought processes
- Offenders are encouraged to consider negative consequences of their anger on others
stage 2 - skill acquisition
anger management - dealing with offending behaviour
- Offenders are introduced to a range of techniques and skills to help them deal with the triggers more effectively
- Cognitive skills - positive self talk
- Behavioural skills - assertiveness training to help them communicate more effectively
- Physiological skills - methods of relaxation and/or meditation
stage 3 - application practice
anger management - dealing with offending behaviour
- Offenders now practice their skills in new situations
- Do role play
- The successful response would be met with positive reinforcement
key study - ireland
anger management - dealing with offending behaviour
- Aim - to investigate whether anger management programmes work with a sample of young male offenders
- Method - a sample of 50 prisoners complete an anger management course while the control group considered of 37 prisoners who were assessed but did not complete the course
- Measure were taken before and after the treatment and included a cognitive behaviour interview focused on their anger
- The wing behaviour checklist (WBC) completed by prison officers regarding the angry behaviour displayed by the prisoners in the previous week and the anger management assessment questionnaire
- Results - the results were convincingly in favour of the effectiveness of anger management programmes
- All who had completed the anger management programme showed a decrease in self reported anger, as well as lower levels of anger reported by the WBC
- Conclusion - overall, the results indicate that in the short term instance of ireland’s research, there is a positive evidence to support the use anger management programmes
keen
evaluation of anger management
- Keen (2000) found that in their study there were initial issues of offenders not taking the course seriously and forgetting their routines.
- Some failed to take part fully e.g. forgetting their anger diaries or demonstrating egocentric (self-focused) behaviour during the sessions making things challenging.
- This is a problem because it suggests that the programme may only be as effective as the group taking part;
- therefore, individuals in a difficult group may not benefit fully.
relationship between anger and violence is complex
evaluation of anger management
- Another criticism of using anger management programmes with violent offenders is that the relationship between anger and violence is complex and hasn’t been extensively researched.
- For example, Loza and Loza-Fanous (1999) argue that the research links made between anger and violence are limited because they make use of self-reported explanations of an offenders’ motivations in committing violent crime, which may not be reliable.
- This is important, because the prisoner can blame their offending behaviour on anger problems and stop taking responsibility for their actions.
- Therefore, anger management programmes could do more harm than good.
restorative justice programmes
restorative justice programmes - dealing with offending behaviour
- Changing the emphasis
- Rather than focus be on an individual committing crime against the state, it shifts from the needs of the state to the needs of the individual victim
- Less about retribution and more about reparation
- These may occur pre trial, alongside a sentence, as an alternative or as an incentive to reduce a sentence
- Form - Restitution is sometimes monetary, labour based or emotion based, hence restorative conversations
focuses on two things
restorative justice programmes - dealing with offending behaviour
- .1. The victim of the crime and their recovery
- .2. The offender and their rehabilitation
key features of the programme
restorative justice programmes - dealing with offending behaviour
- .1. Trained mediator supervises the meeting
- .2. Non - courtroom setting where offender voluntarily meets victim
- .3. Can be face to face or remote video
- .4. Victim has to the opportunity to confront the offender
- .5. Active involvement of all parties involved
- .6. Focus on positive outcome for all parties
- .7. Others may be involved to show the wider effects of the crime
(+) Effectiveness of the schemes
evaluation of restorative justice programmes
- Latimer et al (2005), who found that RJ was significantly more effective than traditional non restorative approaches in terms of increasing victim and offender satisfaction, restitution compliance and reducing recidivism.
(+) Positive outcomes for the survivor
evaluation of restorative justice programmes
- Shapland et al (2008) - 7 Year research project found 85% of survivors reported satisfaction with the process of meeting with the offender face to face and 78% would recommend it. 60% said it made them feel better about the incident and gave them closure. 2% said it made them feel worse
(-) offenders may abuse the system
evaluation of restorative justice programmes
- Van Gijseghem (2003) - offenders may use RJP for different reasons e.g. avoid punishment, play down faults, taking pride in relationship with survivor
(-) not all research is postive
evaluation of restorative justice programmes
- Wood and Suzuki (2016) - restorative programmes are not as survivor focused as satisfaction surveys report. Survivors are being used as a way of helping rehabilitate the prisoner rather than be helped themselves
(+) RJP reduces recidivism rates
evaluation of restorative justice programmes
- Strang et al (2013) - meta-analysis of 10 studies. RJP vs those who just had custodial sentencing. RJP were significantly less likely to reoffend