Lecture 2 Flashcards
3 Psychological Theories of Crime
- Psychoanaltyic theories (ORIGINALLY FREUD)
- Internal dynamics and early experiences (ORIGINALLY FREUD) (early abuse etc)
- Learning theories
- Learning through direct and indirect consequences
- Da cheat on taxes, so I cheat on exams. not what you say but what you do
- Personality theories
- The make-up of criminal personalities - certain temperatments lead to crime: 30% of all people in prison non-violent crime have learning disabilities, dyslexia, drop out, unemployable, so you turn to crime, crime becomes a survival skill - an daptation
John Bowlby
Psychoanalytic
Insecure attachment
Theory of maternal deprivation
Early separation from one’s mother (not necessarily mother, could be caregiver - bonded adult within 1st year - whoever provides consistent caring) prevents effective social development from taking place, which results in antisocial behaviour patterns
Albert Bandura
Learning Theories
- Social learning theory
- Criminal behaviour is learned through direct and indirect reinforcement
- For example, by interacting with anti- social peers or watching violence on television
- TV didn’t create the anger - how you express it depends on what you’ve seen it, though
Hans Eysenck
Personality Theories
Bio-social theory
Personality falls on a continuum of personality dimensions
People high on neuroticism (emotional-low control) and extraversion (outgoing) are more likely to become involved in crime
Learning Disabilities theory
Individuals with learning disabilities have greater potential for crime as a survival skill
Psychological Disorders
3 main causes
Behavioural patterns that produce personal distress and/or an inability to function as is desired by the individual or needed to integrate into the society - innability to achieve your personal goals
Can be due to:
Organic causes (usually known as mental illness)(true physical damage (hardware is off)
- Genetics, physiology, teratogens (poisons - things that should not be there - drugs, weed killers - organo phosphates - pesticides, lead, can cause brain damage in a young child)
- schizophrenia is physical - autopsy reveals neuron damage
Psychological functioning (software)
- Learning
- something wrong with the way it’s operating than
Social factors
- Peer pressure, survival needs
Psychopathology
Mental Illness: a medical issue -
Psychological disorders: a psychological issue, require psychotherapy
Profiling includes assessing both of the above
Insanity: a legal term, not a psychological disorder. means not knowing the difference between right and wrong
The DSM-V: the manual of mental disorders: The bible. Courts only recognize based on the DSM
Example: Son of Sam:
found couples who were kissing and shot them because god told him to. The dog barked via god. He had psychosis. He said he knew that killing was wrong so they didn’t say he was insane.
exam question
rare that a lawyers will plead insansity 2% of all cases: reson is we use due process. if you plead insanity you are in effect confessing
you’ve eliminated your protection under the due process model
only if they are 100% sure wil they plea
the insanity plea will only be succesful in 25% of all cases
Main Issues x 4 where psychopathology and law come together
Fitness to Stand Trial -
Fitness to Plead Guilty
Sentencing and psychopathology
Fitness to Manage one’s own affairs
Fitness to Stand Trial
- If fit, individuals charged with a crime are expected to understand the charges and proceedings, and help in preparing their defence
- Unfit to stand trial refers to an inability to conduct a defence at any stage of the proceedings on account of a mental disorder
General Characteristics of Unfit defendants (e.g., Zapf & Roesch, 1998)
Unemployed and living alone
Never married
Older females belonging to a minority group with fewer marital resources
4 times more likely to meet criteria for a psychotic disorder
Less likely to have substance abuse problems
allocution
are you aware of what you are pleading? what the consequences are?
tell the court in your own words what you did
if what you say does not correspond has evidence they will say you ar enot fit to be guilty
in order to plead guilty you have to be fit you need to prove to the court that you know what you are doing cuz you are giving up due process - maybe you are being coerced?
court wants you to know that
but if you are unfit to stand trial
in order to be found guilty 2 things have to be found
Actus Reus: wrongful deed
Mens Rea: criminal intent (could have opened a door and kiled them by mistake)
Must be found beyond a reasonable doubt for a guilty verdict to be reached (we find the defendant “not innocent” rather than guilty)
habeus corpus mean produce the body
defence will say produce this to say that a crime happened
The Not Guilty by Reason of Insanity (NGRI)Decision USA today & Canada before 1992
- Insanity is not being of sound mind, and being mentally deranged and irrational (Sykes, 1982)
- Legally, insanity removes the responsibility of performing an act because of uncontrollable impulses or delusions
- The insanity decision examines the individual’s mental state at the time of the offense, while the issue of fitness to stand trial examines the individual’s state of mind at the time of the trial.