Lec 1 Flashcards
History of Forensic Psychology (middle ages):
- Legal guardianship lies within family
- Right of containment (lock-up)
History of Forensic Psychology (15-17th century):
- 15th century madhouses
- possessed by the devil, which-hunts
- Wier theorized that people commit crimes because of something in their brains
History of Forensic Psychology (age of Enlightenmet):
- French Revolution
- Code Penal/Court of Law
- More attention to mental disorders
Pinel (19th century):
first to observe that not only intellectual disabilities are important when selecting a punishment (sickness but not delirium-manie sans delire)
History of Forensic Psychcology (19th century):
- More cases in which offenders are not punished on account of mental conditions
- First Krankzinnigenwet
Explanations of mental disorders/theories–> history (4):
- Heredity: psychological traits, criminal behavior, immoral behavior deduced from physical traits)
- Degeneration- if 2 criminals have a child , he will be even worse
- Evolution- criminal behavior is stagnation in evolution
- Neurological explanations
Juvenile criminal law 19/20th century:
- Introduction of Kinderwetten- leniency towards kids
Van Hamel proposition (20th century):
- mild offenses –> regulation or conviction with aim for deterence
- serious offenses: long-term treatment
- very serious offenses: 10 year treatment followed by re-evaluation
Development after WW2:
Better care for offenders and special care for offenders with a mental disorder
Fitting regulation (3):
- Proportionality: regulation should be seen in the light of the danger/likelihood of re-offending
- Subsidiarity: a severe regulation is only acceptable when a milder regulation is not sufficient
- Effectivity: treatment of regulation should be effective in diminishing danger
Offense with at least 4 year prison sentence:
- not fully responsible as a result of mental illness –> diminished accountability
- When not treated- high risk of re-offending (without treatment 100% re-offending
TBS:
- Treatment regulation
- short-term: high security of buildings
- Long-term: treating disorders that the danger of re-offending is low
- Leave is the ultimate goal, because returning to society is the ultimate goal
Implications of TBS:
- often more emphasis on security and not treatment
- estrangememnt from social structures and integration