L12 Forensic 2 Flashcards
Describe the history of sentencing Late 18th early 19th centuries:
The mentality of centuries ago held that crime was due to sin, and the suffering was the culprit’s due.
Judges were therefore expected to be harsh.
Late 18th early 19th centuries: Enlightenment philosophers put an emphasis on deterrence through rational punishment
Severity of punishment became less important than quick, certain penalties
Describe the history of sentencing Early 20th century:
Early 20th century: Focus on rehabilitation, based largely on Positivist philosophies (scientific methods, external factors cause crime, change these factors and rehabilitate them they wouldn’t commit crimes.)
- Recent thinking emphasized the need to limit offenders’ potential for future harm by separating them from society
Modern sentencing practices are influenced by five goals:
- Retribution
- Incapacitation
- Deterrence
- Rehabilitation
- Restoration
- Retribution then and now
The act of taking revenge upon the criminal perpetrator.
Predicated upon a felt need for vengeance
Goal: Satisfaction
Retribution: Then
In early societies death and exile common for minor offenses
An eye for an eye, a tooth for a tooth, often cited as justification for retribution was actually intended to reduce the severity of punishment for minor crimes.
Retribution : Now
“Just desserts” model of retribution. Criminals deserve the punishments they receive at the hands of the alw, and that punishment should be appropriate to the type and severity of the crime
. Incapacitation
The use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offences.
This rationale seeks to protect innocent members of society from offenders who might do them harm if they were not prevented in some way.
Goal: Protect innocent
Incapacitation: Then
In ancient times mutilation and amputation of the extremities to prevent offenders from repeating crimes
Incapacitation: Now Lock ‘em up approach Goal: restraint, not punishment Electronic confinement Biomedical intervention (e.g., chemical castration, give sex offenders drugs to reduce libido)
- Deterrence
A goal of criminal sentencing which seeks to prevent people from committing crimes similar to the one for which an offender is being sentenced.
Goal: Crime prevention
Deterrence
1. Specific deterrence seeks to prevent a particular offender from recidivism (repeat offences). This is based on OPERANT LEARNING, associating crime and the punishment.
2. General deterrence seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced. BASED ON SOCIAL LEARNING, BANDURA:S STUDIES. Hear about other person’s strict sentence.
No evidence for capital punishment (execution). Doesn’t tend to work as a deterrence because we are not rational thinkers like this.
Rehabilitation then and now
The attempt to reform a criminal offender. Rehabilitation seeks to bring about fundamental changes in offenders and their behaviour. Training offenders with skills that will help them go out in society.
Goal: reduce future crime
Rehabilitation: History
1930s: Therapists such a Freud entered popular culture. Psychology introduced the possibility of a structured approach to rehabilitation through therapeutic intervention
1970s: ‘Nothing works’ philosophy. Studies on recidivism showed that rehabilitation didn’t work.
Rehabilitation: Now
- More recent studies are more methodologically sound and also slightly more optimistic
- Focus now is on “What works?”
- Evidence has begun to suggest that effective treatment does exist, however effect sizes are small
Cognitive Behavioural Therapy (CBT) Describe. What is one technique in this?
PART OF REHABILITATION
- One of the most successful and widely employed forms of psychotherapy. Used to treat a variety of disorders
- Often used with groups rather than individuals
Our thoughts, feelings and behaviour all interact. Our thoughts influence our feelings and behaviour
– so if we can change our thinking we can change problematic behaviour patterns
- Results in cycles of thoughts, feelings and behaviours which are self perpetuating
ABC technique: Activating events lead to beliefs which lead to consequences – the client works to understand this relationships then reframes the situation to interpret the situation in a more realistic way.
. Restoration
Attempts to make the victim “whole again.”
Sentencing options that seek to restore the victim have focused primarily on restitution payments that offenders are ordered to make
More on restoration later… IN ANOTHER LECTURE
Continued detention orders
Beyond Sentencing…
Continued detention orders: allow some offenders to be detained after the end of their sentence if they are regarded as a serious risk.
- e.g. Sydney siege man had more than 40 sexual assault charges, and was out on bail at that time. Failure to assess the situation. Same with Jill Meagher’s murderer.
Prediction OUTCOMES
- Can predict different things: Risk of offending or risk of offending in a particular way:
Predicting likelihood of occurrence - Dangerousness: Predicting likely consequences of offending –how “serious” the offence.
Can predict high risk, but low dangerousness etc.
We want to maximise True Positives and True Negatives, but minimise False Negatives and False Positives.
Two types of errors are dependent on each other
Each outcome has different consequences for offender or society
Risk Assessments: Criminal Settings
Risk assessments conducted at major decision points
- Pretrial (do you let them out on bail or not? Do you use adult court for a child?)
- Sentencing
- Release (decisions about parole. Both correctional and forensic psychiatric facilities)
Describe and critically evaluate the 3 types of risk assessment
There are 3 types of risk and dangerousness assessment
- Unstructured clinical judgment
- Statistical or Actuarial assessment
- Structured professional judgment
. Unstructured Clinical Judgment
- Decisions characterised by professional discretion and lack of guidelines
- Subjective
- No specific risk factors
- No rules about how risk decisions should be made (how risk factors should be combined to make decisions)
D James Gribson, (Dr Death) expelled from association from claims of 100% accuracy in predicting violence
Many studies show clinical assessments of risk to be poor
•Clark (1999) reviewed studies and concluded that clinical risk assessment is weak at best, at worst totally ineffective.
•Even experienced clinicians fail to predict future violence in cases with clear indicators, such as previous recidivism.
- Actuarial Prediction
- Decisions based on risk factors that are selected and combined based on empirical or statistical evidence
- Calculates risk by comparing characteristics of the individual to those of individuals for whom we know behavior
- Evidence favours actuarial assessments over unstructured clinical judgment
Don’t even have to talk to the person, critisiced because too cold and removed from individual
