Moral Development and Criminal Responsibility Flashcards

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1
Q

The construct of Morality – 3 components

A

o A) Moral reasoning – cognitive component
o B) moral self-evaluation – affective component
o C) Resistance to deviation – behavioural component

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2
Q

• Piaget’s theory of moral reasoning

A
o Morality of constraint
 o Morality of cooperation
 o Intentions (8+) versus consequences (0-8 outcomes focus)
  Young kids can make decisions based on intention younger if intentions are particularly salient.
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3
Q

• Kohlberg’s theory of moral reasoning

A

o Reasons people give for a behaviour rather than actions

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4
Q

• Social Domain Theory: Moral versus conventional

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o Yau & Smetana, 2003
 3-6 yr olds from HK
 Moral transgressions (hitting, teasing) worse than conventional ones (eating noodles with fingers) – and despite the collectivist culture believed personal choices (playmate, snack choice, and activity choice) were up to the child – however, for moral transgressions, unlike western children who thought these were bad, HK Chinese children focused on the intrinsic consequences of the acts for others’ welfare and fairness

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5
Q

The development of self-evaluation

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o A) Freud’s theory of conscience
o B) conditioning views of guilt and self-criticism
o C) Hoffman’s Emotion-attribution analysis of guilt
 (Kochanska et al., 2002: fearful temperament contributed to guilt proneness and in turn served to inhibit children’s proneness to violate rules
 Need to get children to feel empathy through inductive reasoning and then guilt rather than parental power-assertive actions.
 Explain to children their agency and thus responsibility
o D) Bandura’s agentic approach to self-regulation
 I) determinants of personal standards
 Ii) cognitive processes in self-evaluation
 Iii) Supports for self-regulatory systems

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6
Q

• attribution theory of child behaviour

A

o Tell child they are kind, considerate children are more likely to live up to that expectation.

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7
Q

• Child-rearing influences on resistance to deviation

A

o I) parental discipline
 External vs internalising morality
o Ii) modelling
 Much easier to influence children to do the wrong thing rather than the right thing.
 Best to demonstrate appropriate behaviour

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8
Q

• Cognitive factors in resistance to deviation

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o I) anticipated self-evaluations
 Moral disengagement - Halloween candy study
• Diffusion of responsibility
• Mask
• Or mirror lessened
o Ii) self-perceptions and other causal attributions
o Iii) cognitive representations of prohibited activities
o Iv) self-verbalisations

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9
Q

Social cognitive theory Model of Self-regulation includes behaviour, person and the environment

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o A) conception of moral agency in terms of self-regulatory mechanisms
o B) interplay between personal and social sanctions

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10
Q

Criminal Responsibility

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o In NSW, no child under the age of 10 can be guilty of an offence
o Between 10 and 14 yrs – rebuttable presumption -> lacks mens rea.
o Age of criminal responsibility
 1985 – UNCRC – recommend that ACR be set at no less than 12 yrs of age.

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11
Q

Children’s Courts

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o The child’s best interests
o Rehabilitation role – juvenile court was founded in 1899 – role to assess the needs of individual youth in order to rehabilitate them
o Increased punishment – issue of rights (issues of competence)
o Move to an adult court
o Competence to stand trial
 A) competence to assist counsel
 B) decisional competence
o Fried and Reppucci (2001)
 It has been argued that the age for informed consent, usually past 14 years, (e.g. medical treatments, abortion) should apply to criminal responsibility)

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12
Q

• It has been argued that the informed-consent model is inadequate because it over-emphasises the ______ ______of decision making at the expense of ___-______ones

A

o Cognitive components, non-cognitive

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13
Q

• Psycho-social maturity in the areas of responsibility, temperance, and perspective should be considered because

A

o adolescents are more subject to peer pressure,
o more likely to perceive themselves as invulnerable to risks,
o more heavily weight short-term than long-term benefits,
o temporal perspective continues to develop through early adulthood

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14
Q

• Future consequences re adolescent criminal responsibility

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o What are some of the things that might happen in this situation

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15
Q

• Risk perception re adolescent criminal responsibility

A

o How likely do you think it is that you and your friends would get caught by the police?

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16
Q

• Peer influence re adolescent criminal responsibility

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o How likely do you think it is that your friends would make fun if you tried to walk away?

17
Q

• Adolescents in the middle age range (15-16yrs) indicated the lowest levels of ____ ____ ____ and ____ ____ ____ ____

A

o Future time orientation, resistance to peer influence

18
Q

• Most adolescents thought the crime was ____ ____ but varied as to whether they could have ____ ____ ____ ____

A

o Very serious, anticipated someone getting hurt

19
Q

• ____ ____ viewed the crime as less serious than white adolescents from the same SES level and also did not believe they could anticipate that someone would get hurt to the same extent as the white adolescents

A

o Minority adolescent

20
Q

• Also, _____ and ______were more likely than those in the middle (15-16) to believe that the youth should have anticipated that someone might get hurt

A

o Youngest, oldest

21
Q

• ____ adolescents anticipated more severe punishments than ____ones

A

o White, minority

22
Q

• Those who expected harsher punishment had ____ ____ ____ scores than those who expected less punishment

A

o Higher risk assessment

23
Q

• ____ and ____ ____ (SES was controlled) were important determinants of criminal understanding and decision making

A

o Age, ethnic status

24
Q

• Grisso et al (2003) - Found that adolescents below 15 performed more poorly than young adults in terms of adjudicative competence – influenced by psychosocial immaturity… (3)

A

o (future orientation, risk perception, and susceptibility to peer influence)

25
Q

• Adolescents (14-17) displayed less ____and ____ relative to university students (18-21), young adults (22-37) and adults (28-40) Modecki (2008)

A

o Responsibility, perspective taking

26
Q

• No ____ ____ differences between delinquent and non-delinquent youth Modecki (2008)

A

o Maturity judgement

27
Q

• 8 yr olds can differentiate ____ ____from criminal behaviour

A

o Childish mischief

28
Q

• 16 yrs old condone ____ ____ more than do 8 and 12 yr olds and adults

A

o Childish mischief

29
Q

• Criminal behaviour is governed by more than knowledge of right and wrong

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o Justification of criminal behaviour
o Anticipated legal sanctions
o Peer reactions to criminal conduct
o Self-evaluative reactions

30
Q

• What is Retributive justice?

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o – just deserts philosophy – equates sanctioning with punitive measures aimed at causing pain and discomfort to the offender and may fuel increasingly severe punishments (parallel with parents use of physical punishment

31
Q

• Restorative justice

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o A more active role for the offender – rather than an adversarial process, the concern is with a broader relationship between offender, victim, and community

32
Q

• Self-sanction can be disengaged by:-

A

o 1. Reconstructing the conduct
o 2. Obscuring personal causal agency
o 3. Misrepresenting or disregarding the injurious consequences of one’s actions
o 4. Vilifying the recipients of maltreatment by blaming and devaluing them.

33
Q

• Selective activation and disengagement of moral control factors (8)

A

o Moral justification
o Euphemistic labelling
o Advantageous comparison
o Displacement of responsibility
o Diffusion of responsibility
o Dehumanisation
o Power of dehumanisation
o Disengagement of self-sanction and self-deception

34
Q

• If child understood that it was wrong it ____likelihood for delinquent behaviour

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o Reduced

35
Q

• Academic efficacy and criminal behaviour

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o Protective factor for criminal behaviour

36
Q

• Ability to resist ____ ____ linked to lower levels of delinquent behaviour

A

o Peer pressure