Paper 3: Forensic Psychology Flashcards

Question

what are the psychological effects of custodial sentencing?

Answer 1

The psychological effects of custodial sentencing Brutalisation – This is where an offender may become accustomed to a criminal lifestyle by spending time in prison. As a result there is a high recidivism rate caused by brutalisation. Psychological problems and disorders - Research has found that disorders are substantially higher in prisons. For example, men are 3.7 times more likely to commit suicide in prison, compared to other men. Labelling – this is the process where, after an offender leaves custody, they are far less likely to be able to find skilled labour; they are also likely to suffer a huge loss of social contacts. This also leads to increased recidivism rates. Institutionalisation - his is somewhat similar to brutalisation, where an offender becomes accustomed to a criminal lifestyle. However institutionalisation differs because it specifically leads to a loss of autonomy and often causes conformity to a social role.

Answer 2

Evaluation for the psychological effects of custodial sentencing Issue with causation It is difficult to prove that psychological problems are due to custodial sentencing, rather than the issues being present beforehand and potentially contributing to criminal behaviour. 469 male and female prisoners found that 42% of them had been previously diagnosed with a mental illness such as anxiety (27%), PTSD (20%). However, evidence also suggests that the effects of custodial sentencing may make these issues worse, regardless of if they were present beforehand. Eg male suicide rates are 3.7x higher in prison. As a result it could be argued that the psychological effects of custodial sentencing are highly damaging and an alternative is required. Alternatives to custodial sentencing Alternatives may be more suitable for low-risk offenders, given that evidence suggests these effects are highly likely to be caused by CS. Eg community sentencing would avoid psychological problems associated with prison alltogether, and avoid labelling by allowing the offender to maintain their employment and social conta cts. The high rates of recidivism for those serving a sentence under 12 months show that alternative methods of dealing with offending may be more suitable. Crime prevention Crime prevention is seen to be a way of avoiding the psychological effect of custodial sentencing all together. Crime prevention strategies such as community prevention, situational prevention, and early childhood intervention are examples and as 50% of incoming prisoners are being identified as having a neurodiversity then the early identification and support of this along with the other strategies avoids the labelling and negative consequences of prison for these people whilst being better all round for society in general (Harrower 2001)

Answer 3

Recidivism This is the tendency for a convicted criminal to reoffend. Rates in the UK are high, at 45.5% for adults reoffending within a year, and almost 70% for juviniles within a year. The figure stands at 57.7% for adults who have served less than 12 months in prison. These figures suggest that CS is neither an individual deterrent for the majority of offenders, nor is it rehabilitating offenders, given that so many end up reoffending. In fact, the problem is likely even worse than the figures show, given that many reoffences will never be detected, or if they are, may never reach court.

Answer 4

we know recidivism is bad so evaluation should either be about reasons for recidivism, or ways of potentially reducing it. Psychological effectsOne reason for recidivism is the psychological effects of custodial sentencing. The likelihood of reoffending can be increased if an inmate's mental health is unstable. This could be prompted by the prison situation or research suggests that 42% of prisoners had a mental health condition before entering prison. Poor mental health, especially addiction disorders, is related to crime rates so if the problem is not treated successfully in prison, it could make an offender vulnerable to reoffending. Research by Coid supports that as found that offenders who had treatment for mental health issues were 60% less likely to reoffend. This issue not only highlights the importance of effective rehabilitation programmes in prisons, but it also raises questions as to whether custodial sentencing is the appropriate way of dealing with individuals with mental health issues. External factors Recidivism rates may be due to the 'outside world' rather than the prison so until societal problems such as poverty and lack of support for mental health are addressed, it is likely recidivism will remain high. There is a significant lack of research into how these factors affect recidivism as most research is centered on the prison rather than the post-release environment. Therefore, in order to truly understand why inmates go on to reoffend and how this can be prevented, more emphasis must be placed on investigating post-release factors. alternatives to custodial sentencing to reduce R rates: The high recidivism rates especially for shorter sentences questions the use of custodial sentencing. If poor mental health is made worst in prisons and other effects of prisons such as institutionalisation, make prison seem more appealing to some offenders than the outside world or brutalisation meaning that prison acts as a school for crime making reoffending more likely then to reduce recidivism, alternatives may be needed. 61% of people in prison have not committed a violent crime and with Sherman (2007) finding that alternatives like restorative justice actually reducing reoffending (11% reoffending rates for those who had carried out restorative justice compared to 37% of those that didn’t). It suggests in order to reduce recidivism we need to reduce custodial sentencing for those who are nonviolent.

Answer 5

Token economy Token economy aims to reinforce desirable behaviour in offenders with a token that can be exchanged for some kind of reward. The reward is the primary reinforcer and the token acts as a secondary reinforcer. This is because the token's value comes from their association with the reward (primary reinforcer). Examples of desirable behaviours in a prison could include – avoiding conflict, following prison rules, keeping one's cell orderly, etc. Prisoners are given a token each time they perform a desirable behaviour. Examples of rewards could include – a phone call to a loved one, time in the gym or exercise yard, extra cigarettes or food

Answer 6

Anger management The aim of anger management is not to prevent anger but to recognise it and manage it. It has been suggested that cognitive factors trigger the emotional arousal which generally precedes aggressive acts therefore anger management programmes consist of the individual being taught how to recognise when they are getting angry/losing control and then they are encouraged to develop techniques which bring about conflict resolution without the need for violence. Anger management is a form of CBT. Steps in anger management: 1. Congnitive preparation – this is where a therapist will help a person to reflect on past experinces. This is so that the person will understand triggers that caus etheir anger, eg someone looking at them in a certain way. They will then learn to interpret these triggers as irrational to respond with anger; eg violence is unessecary just because someone looks at you a certain way. By redifining the situation as non-threatening, the therapsit attempts to break an automoatic response in the offender. 2. Skills acquisition – this is where offenders are introduced to various techniques and skills whch may help them to deal with anger and provoking situations more effectively. Cognitive, behavioural, or physiological techniques may be used. Cognitive eg positive self-talk to encourage calmness Behavioural eg communication training to help the offender convey how a situation may make them feel Physiological eg – methods of relaxation and/or meditation, eg breathing deeply and counting to 10 to promote the idea that it is possible for the offender to control their own emotions. 3. Application practice – this is where offenders are given the opportunity to practive the skils they have learned, using role play within a controlled environment so they can get used to using the techniques, and not getting provoked by the triggers. This often involves the therapist reanacting scenarios from the offender’s past where the situation has escalated. The therapist may then give feedback based on the person’s performance. Offener may also practice the skills as homework, and keep a diary of progress.

Answer 7

Evaluation of behaviour modification (token economy) and anger management: Token economy – cost and ease. One strength of behaviour modification over Anger management is cost and ease of delivery which is an important factor considering the large budget cuts and cuts in prison staff over the last 10 years. Anger management requires a trained CBT therapist to carry out which has been an issue in terms of not just the cost but the availability in prisons. Whereas Token economy is relatively easy to carry out and administer. It can be set and is carried out by everybody that comes into contact with the offender and so requires no specialist therapist. So, in terms of ease to carry out and costs incurred behaviour modification is a better option for prisons and is a reasonably easy way of dealing with offending behaviour. Could be used as a strength of token economy, or weakness of AM One strength of Anger management over token economy is overall effectiveness of the programmes. Anger management takes into consideration the complexity of offending behaviour as it attempts to address the cognitive, behavioural, physiological, and social factors involved so addresses and changes the thoughts associated with the behaviour and so offers skills that can be used outside of the prison setting. Whereas token economy is only tackling the superficial surface behaviour in a controlled environment and so is likely that any positive changes in behaviour occurring whilst the offender is in prison may be lost when they are released as the 'outside' desirable or law-abiding behaviour is not always reinforced. Therefore, anger management is overall a more effective and life enhancing way of dealing with offending behaviour than TEP which only changes behaviour and not the thinking behind it.

Answer 8

Restorative justice This is where an emphasis is placed on the needs of the victim/victims of a crime, in order to come to terms with it and move on. Generally involves the victim coming face to face with the offender. RJ programmes can function as an alternative to custodial sentencing, especially if the offender is young, as an add-on to community service or in addition to a custodial sentence. This process can be quite diverse but may include: Offender meeting survivor for several supervised sessions with a trained mediatior. Survivor explaining the impact of the crime on them. This allows the offender to see the consequences of their actions. It encourages empathy for the survivor from the offender. It empowers the survivor and promotes healing. Offender provides some kind of retribution to victim/survivor. Rehabilitation through collaboration and reconciliation

Answer 9

Evaluation of restorative justice Pro: reduces recidivism. Sherman & Strang (2007) reviewed 20 studies, involving 142 men convicted of violence and property offences, who had taken part in restorative justice, only 11% reoffended, compared to 37% of a matched control group so is a strength of restorative justice as is evidence it may positively impact on reoffending. Therefore, it could be used as an alternative to custodial sentencing Pro: highly cost-effective. Shapland (2007) concluded that every £1 spent on restorative justice would save the government £8 through reduced re-offending as demonstrated by Sherman and Strang (2007) However there are still costs involved in training mediators. There are also high attrition rates from offenders unable to face their victims, so it may not always be cost effective. Con: unsuitable for all offences. Offenders must feel genuine remorse and actively engage in the process; therefore, restorative justice is not suitable for all criminals or indeed all crimes. It only works where there is an obvious victim whereas corporate fraud or money laundering for example do not have one and so restorative justice would not be appropriate. Women's Aid have called for a ban on the use of restorative justice in cases of domestic abuse for example as they believe it is inappropriate. Therefore, the fact that restorative justice isn’t suitable for all offenders is a weakness. Furthermore (could be other point), Restorative justice is most effective for young, first-time offenders. It provides a short, sharp shock and forces them to face up to the consequences of their actions so there may be individual differences in the effectiveness of it