Week Eleven - Psychology of Justice

Question 1

Theories of punishment?

Answer 1

Incapacitation
Deterrence
Rehabilitations
Retributive justice vs Restorative justice

Question 2

Key idea of Incapacitation?

Answer 2

Limiting the opportunity to re-offend

Question 3

2 types of Incapacitation?

Answer 3

Collective
- longer sentences for all offenders

Selective

• incarcerate individuals predicted to re-offend
• most effective for high-risk offenders

Question 4

Incapacitation typically relies on what?

Answer 4

Assessment techniques
– Actuarial / mathematical (static & dynamic factors)
– Clinical / human (dynamic factors)
– Static factors: gender, age, SES, early life experiences
– Dynamic factors: behaviours, treatment, current
circumstances

Question 5

Incapacitation criticisms?

Answer 5

– Expensive (~$100,000 AUD per year, per prisoner)
– Collective incapacitation is inefficient (x 2 prison pop. for
10% reduction in crime)
– Assessment techniques can be inflexible (emphasis on static factors) and inaccurate (e.g., parole breakers)

Question 6

Key idea of deterrence?

Answer 6

Punishment discourages future offending

Question 7

2 types of deterrence?

Answer 7

Specific
– Punishment to deter future offending by a particular
person

General deterrence
– Threat of punishment deters other potential offenders
– Social Learning Theory

Question 8

Criticisms of deterrence

Answer 8

• Doesn’t seem to work
– Meta-analysis: slight increase in re-offending
– Penalties too low? (exceptions, e.g. death penalty)
– Corporate crime
– Offender perceives “contract” with society

• Depends not only on severity of penalty, but also perceived likelihood of getting caught
– Offenders underestimate odds of apprehension

Question 9

Death penalty arguments for?

Answer 9

– Effective deterrent
– Reduces homicide/saves lives (Mocan & Gittings, 2003)
– Complex formula
– Ratio of death sentences in a year to arrests 2-yrs earlier
– Number of prison inmates per violent crime committed
– Death rate of prison inmates
– Number executions per year/ number death sentences given 6 years earlier
– Homicide rate negatively related to execution rate
– Each execution = 5 fewer homicides

Question 10

Death penalty arguments against?

Answer 10

1. Dodgy stats?
   - rounded to 0.99 instead of 0.01 which swayed results
2. Alternative explanation
   - side effect of change in abortion laws
3. Models violence
   - legitimises killing as an acceptable reaction
4. Certainty of guilt?
   - how

Question 11

Rehabilitation key idea?

Answer 11

Prepare offender for re-integration
– Focus on problem-solving & communication skills
– Incorporate family where possible
– Structured and intensive

Question 12

Retributive justice key idea/

Answer 12

“an eye for an eye”
– Equating penalty with harm done
– Unilateral imposition of punishment on offender

Question 13

Criticisms of retributive justice

Answer 13

Expensive – leads to huge numbers in prison
Problems associated with involving victims in sentencing process
– Proportional penalties?
• Victims perceive harms as greater
– Jurors’ emotional reactions affect penalties
• Moral outrage, empathy
• Variation in penalties
Judicial discretion in sentencing
- variability in judges sentences

Question 14

Restorative justice key idea?

Answer 14

Restore victim, offender and community
• Used only for some crimes (non-violent; juvenile offenders)
• Bilateral process
– offender involved; and victim in sentencing
• involves community members (contribution, sentencing)

Question 15

“Re-integrative shaming”

Answer 15

– bad behaviours, not bad people (respect & forgiveness)

– Opportunity to apologise to victim (positive for both)

Question 16

Positive results of Restorative justice?

Answer 16

– Increases court attendance, e.g. 80% vs. 50%
– Can reduce re-offending
– Less severe re-offending

Question 17

criticisms of Restorative justice?

Answer 17

– Only applicable to some crimes
– Potentially traumatic for victims?
– May encourage false remorse?
• Current research suggests this is unlikely
• High levels of satisfaction from all participants

Question 18

Theoretical framework for shared group values in restorative justice?

Answer 18

– Offence viewed as violation of group’s shared values

– Concerned with re-affirming shared values
“People should have the right to feel safe”
“It is wrong to physically hurt others”

– Most relevant when offender is from victim’s group
• Expected to share same values (group’s values)

Question 19

There are links between brain physiology and..

Answer 19

Links between brain physiology and:
– Criminal behaviour
– Antisocial behaviour
– Moral reasoning

Question 20

Prefrontal cortex and criminal behaviour?

Answer 20

Executive control & emotional regulation
• Monitor & control/inhibit responses
• Monitor reactions of others; empathy
Lesions result in behavioural disturbances

Question 21

Raine (1994) and prefrontal cortex findings?

Answer 21

– ‘impulsive’ killers
– damage/deficiency in PFC
– impaired performance on sustained attention task

Question 22

Grafman et al. (1996) and prefrontal cortex findings?

Answer 22

– Vietnam vets (w/ head injuries) vs. controls
– reduced executive function
– increase in aggression (Aggression/Violence scale scores)

Question 23

Anterior Cingular Cortex (ACC) activity and criminal behaviour?

Answer 23

– Risk/reward assessment
– Anticipation of consequences
– Sensation seeking etc.

Question 24

Orbital-frontal cortex (OFC) activity and criminal behaviour?

Answer 24

– Rules of social convention
– Anticipation of consequences

Damage implicated in:
– poor social judgement
– intentional norm violation
– impulsivity
– decreased empathy

Potential role in criminal behaviour (depending on environment/opportunity)

Question 25

PFC, ACC, OFC and moral reasoning?

Answer 25

Implicated in:
– decision making
– impulse control
– emotional regulation, etc

Late to develop these areas, adolescence seen as less morally culpable

Question 26

What questions/implications do the findings on biology/brain and criminal behaviour have on the legal system?

Answer 26

– free will vs. determinism; individual culpability (if the brain is prewired.. where does that leave free will)

– prevention (cf. minority report)

– rights of the individual vs. society

– purpose of punishment (rehabilitation, societal protection, retribution etc.)