week 10: offenders Flashcards
why is forensic psychologists different to clinical psychologists
because the seeking of help is mandated
what is rehabilitation
is a model that emphasises the provision of treatment programs designed to reform the offender
what type of system does rehab belong to
the modern penal system, circa 19th century
what type of system was rehab part of in the past
the classical penal system
what was the classical penal system informed by
enlightenment
what is meant by enlightenment in the classical penal system
focused on the dignity and worth of the individual
what is the classical model view of free will
free will enables human beings to purposely choose to follow a calculated course of action
what is the classical penal view of crime
crime is attractive and is controlled through the fear of punishment
what is the classical penal system model view of punishment
punishment is to be applied equally to all offenders
punishment works best when perceived to be: severe, certain, swift
what happens when we increase the punishment
we increase the severity of the crime
why does the increase in punishment increase severity of crime
because if the punishment is the same you may aswell do the worst thing that potentially has higher reward
what is the ideology of the classical model
utilitarian
what is the classical models view of criminals
criminals are essentially the same as non-criminals. they commit crimes after calculating costs and benefits
when did rehabilitation and the modern penal system emerge
with the growth of new scientific disciplines like psychiatry, psychology and psychotherapy
how is human behaviour viewed based on the modern system
human behaviour is determined and not a matter of free will
are criminals the same as non-criminals in the modern penal system
criminals are fundamentally different
what is crime caused by in the modern approach
crime is frequently caused by a multiple factors such as:
psychology
biological
social
that constrain our rationality
what does the modern system focus on
offenders rather than systems
how is punishment applied in the modern model
to be applied differently to different offenders
what are programs designed for in the modern approach
programs designed to address individual differences of offenders
based on modern penal system, criminal behaviour may be:
pre-determined
how pre-determined is criminal behaviour based on the modern penal system
soft determinism
what is soft determinism
represents a middle ground, people do have a choice, but that choice is constrained by external or internal factors
what does contemporary rehab emphasise
personal responsibility for offending and rehabilitation
what does contemporary rehabilitation often involve
restorative justice
therapeutic jurisprudence
specialist courts
what is restorative justice
a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future
what does restorative justice focus on
the needs of the victims of crime
how does restorative justice focus on the needs of the victims of the crime
holds offenders accountable and responsible for the harm they have caused
offenders have to acknowledge their wrongdoing and repair harm to victims
types of models in restorative justice
circle sentencing
victim/offender mediation
family group conferencing
community reparation boards
when is circle sentencing used
in Indigenous cases
what does circle sentencing do differently
they have a high power Indigenous elder instead of a judge
what does circle sentencing focus on
the behaviour rather than the person
what is the victim/offender mediation
victims, offender and facilitator get together and talk it out. Apology involved and the victims have a say in the outcomes
what is family group conferencing
the family of the offender can sit down together and come up with solutions
what are community reparation boards
a group of community members come together to decide outcomes rather than family and victims
where is restorative justice seeing alot of success
juvenile justice
what is therapeutic jurisprudence
concerned with the human, emotional, and psychological ramifications of the law and legal processes, and on those that encounter its institutions
what does therapeutic jurisprudence focus on
therapeutic interventions to start to rehabilitate an offender during the court process