W9 The Psychology of Justice Flashcards

1
Q

What is the key idea behind incapacitation in the justice system?

A

Limiting the opportunity to re-offend through collective incapacitation (longer sentences for all offenders) or selective incapacitation (incarcerating individuals predicted to re-offend).

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2
Q

What are the two types of incapacitation?

A

Collective incapacitation and selective incapacitation.

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3
Q

What factors are assessed for incapacitation?

A

Static factors (e.g., gender, age, SES) and dynamic factors (e.g., behaviors, treatment, current circumstances).

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4
Q

What are the criticisms of incapacitation?

A

It’s expensive (~$100,000 AUD per prisoner per year), often inefficient, and assessment techniques can be inflexible and inaccurate.

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5
Q

What is the difference between specific deterrence and general deterrence?

A

Specific deterrence aims to prevent future offending by a particular person, while general deterrence seeks to deter potential offenders through the threat of punishment.

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6
Q

What meta-analysis findings challenge the effectiveness of deterrence?

A

Some studies suggest a slight increase in re-offending rates following punishment (Smith et al., 2002).

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7
Q

What arguments are made in favor of the death penalty?

A

It’s considered an effective deterrent that may reduce homicides, with various statistical correlations suggesting a negative relationship between execution rates and homicide rates.

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8
Q

What are the criticisms against the death penalty?

A

Concerns about flawed statistics, alternative explanations for crime rate reductions, modeling violence, and issues around certainty of guilt.

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9
Q

What does “rehabilitation” aim to achieve in the justice system?

A

Preparing offenders for reintegration into society, although its effectiveness is debated.

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10
Q

What are key components of effective rehabilitation programs?

A

Cognitive Behavioral Therapy (CBT), focus on problem-solving, communication skills, and involving family where possible.

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11
Q

What is the principle of retributive justice?

A

Punishment should be equivalent to the harm done, emphasizing moral philosophy’s idea of “an eye for an eye.”

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12
Q

What are some criticisms of retributive justice?

A

It can be expensive, leads to high prison populations, and involves subjective emotional responses from victims and jurors.

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13
Q

What is the goal of restorative justice?

A

To restore the victim, offender, and community through a bilateral process involving the offender and sometimes the victim.

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14
Q

What are the positive outcomes associated with restorative justice?

A

Increases in court attendance and potential reductions in re-offending rates.

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15
Q

What biological factors influence criminal behavior according to David Eagleman?

A

Biological and physiological factors affect personality, behavior, and moral reasoning.

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16
Q

How do different brain regions relate to criminal behavior?

A

The prefrontal cortex (PFC) is involved in executive control, emotional regulation, and decision-making; lesions can lead to behavioral disturbances.

17
Q

What is the significance of the anterior cingulate cortex (ACC) in decision-making?

A

It is involved in risk/reward assessment and anticipation of consequences, affecting behaviors like aggression and impulse control.

18
Q

How does brain development relate to moral reasoning?

A

The PFC is late to develop; adolescents may be less morally culpable due to ongoing brain maturation (Roper vs. Simmons, 2005).

19
Q

What legal questions arise from neuroscience in the context of justice?

A

Issues of free will vs. determinism, individual culpability, prevention, and the rights of the individual versus society.