Forensics

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Problems with defining crime

Crime- An act committed in violation of the law where the consequence of conviction by a court is punishment.

Problems wirh defining crime:

  • Cultural issues- What is considered a crime in one culture may not be judged as such in another. For example, law of marrige. In the UK having more than one wife is a crime of bigamy, but in some cultures having more than one partner (polygamy) is practiced.
  • Historical issues- Definitions of crime change over time. A parent's right to smack their child was outlawed in 2004, and homosexuality was illegal in the UK up until 1967.
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Ways of measuring crime

  • Official statistics- Figures based on the numbers of crimes that are reported and recorded by the police which are often used by the government to inform crime prevention strategies and policing initiatives, as well as direct resources to those areas most in need. Published by Home Office annually.
  • Victim survey- A questionnaire that asks a sample of people which crimes have been committed against them over a fixed period of time and whether or not they've been reported to the police.
  • Offender surveys- A self-report measure that requires people to record the number and types of crime they have committed over a specified period. Tend to target groups of likely offenders based on 'risk factors' such as previous convictions and social background.
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Ways of measuring crime- Evaluation

  • Official stats- Have been criticised as unreliable in that they significantly underestimate the true extent of crime. Also, crimes may not appear on the official stats for many reasons including the police recording rules. One study found police in a borough in Nottinghamshire were more likely than other regions to record thefts under £10 which explained an apparent spike in thefts in that area. This suggests that policing priorities may distort official figures.
  • Victim surveys- More likely to include details of crimes that were not reported to the police and so are thought to have a greater degree of accuracy than official stats. Also, victim surveys rely on respondents having accurate recall of the crimes they have been a victim of. 'Telescoping' may occur where a victim may misremember an event as happening in the past year when it did not and this may distort the figures.
  • Offender surveys- Main strength is that they provide an insight into how many people are responsible for certain offences. Although confidentiality in offender surveys is assured, responses may be unreliable. Offenders may want to conceal some of the more serious crimes they have committed or even exaggerate for bravad. Finally, the nature of the survey means that certain types of crime such as burgulary are overrepresented, whereas 'middle-class' offences such as corporate crime and fraud are unlikely to be included.
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Top-down approach

Offender profiling- A behavioural and analytical tool that is intended to help investigators accuratley predict and profile the characteristics of unknown criminals. Methods may vary, but the compiling of a profile will usually involve careful scrutiny of the crime scene and analysis of evidence to generate a hypothesis about the probable characteristics of the offender.

Top-down approach- Profilers start with a pre-established typology and work down in order to assign offenders to one of two categories (organised and disorganised) based on witness accounts and evidence from the crime scene.

Organised offenders- An offender who shows evidence of planning, targets the victim and tends to be socially and sexually competent with higher than average intelligence. Little evidence or clues left at crime scene. Tend to be in a skilled, professional occupation and are usually married and have children.

Disorganised offenders- An offender who shows little evidence of planning, leaves clues and tends to be socially and sexually incompetent with lower than average intelligence. Tend to live alone and live close to where the offence took place.

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Top-down approach~ constructing an FBI profile

4 main stages in the construction of an FBI profile:

  • Data assimilation- the profiler reviews the evidence ( photos, pathology reports etc.)
  • Crime scene classification- as either organised or disorganised.
  • Crime reconstruction- hypotheses in terms of sequence of events, behaviour of the victim etc.
  • Profile generation- hypotheses related to the likely offender e.g. of demographic background, physical characterists, behaviour etc.
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Top-down approach~ Evaluation

- Only applies to particular crimes. Top-down profiling is best suited to crime scenes that reveal important details about the suspect, such as **** and cult killings, as well as crimes that involve such macabre practices as torture and dissection of the body. More common crimes such as burglaries do not lend themselves to profiling because the resulting crime scene reveals very little about the offender, meaning it is a limited approach to identifying a criminal.

-Based on outdated models of personality. The typology classification system is based on the assumption that offenders have patterns of behaviour and motivations that remain consistent across situations and contexts. Several critics have suggested that it is informed by old-fashioned models of personality that see behaviour as being driven by stable dispositional traits rather than external factors that may be constantly changing. This means the approach is likely to have poor validity when it comes to identifying possible suspects and trying to predict their next move.

-Evidence doesn't support the 'disorganised offender'. Canter (2004) using the smallest space analysis, analysed data from 100 murders in USA. The details of each case were examined against characteristcs of organised/disorganised killers. Didn't suggest evidence of disorganised offenders, which seems to undermine the classification system as a whole

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Bottom-up approach

Bottom-up approach- Profilers work up from evidence collected from the crime scene to develop hypotheses about the likely characteristics, motivations and social background of the offender. Much more grounded in psychological theory than the top-down approach.

Investigative psychology- A form of bottom-up profiling that matches details from the crime scene with statistical analysis of typical offender behaviour patterns based on psychological theory. Develops a statistical database which then acts as a baseline for comparison. Specific details of an offence can then be matched against the database to reveal important details about the offender.

Geographical profiling- A form of bottom-up profiling based on the principle of spatial consistency: that an offender's operational base and possible future offences are revealed by the geographical location of their previous crimes. Assumption is that serial offenders will restrict their 'work' to geographical areas they are familiar with, and so understanding the spatial pattern of their behaviour provides investigators with a 'centre of gravity' which is likely to include the offender's base. Canter's circle theory proposed 2 models of offending behaviour: The marauder who operates in close proximity to home base, and the commuter who travells distance from their residence. However, the pattern of offending is likely to form a circle around their residence.

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Bottom-up approach~ Evaluation

+ Evidence supports investigative psychology. Canter (1990) conducted a content analysis of 66 sexual assult cases. Data was examined using statistical technique smallest space analysis. Several charateristics were identified as common in most cases, such as the use of impersonal language and lacl of reaction to the victim. Can lead to an understanding of how an offenders behaviour may change over offences. Supports the usefullness of investigatve psychology because it shows how statistical techniques can be applied.

+ Evidence supports geographical profiling. Lundrigan and Canter (2001) collated info from 120 murder cases involving serial killers in US. Smallest space analysis revealed spatial consistency in behaviour of killers. This supports Canter's claim that spatial information is a key factor in determining the base of an offender.

+ Scientific basis. Canter's arguement is that the bottom-up profiling is more objective and scientfic than the top-down approach as it is more grounded in evidence and psychological theory, as is less driven by speculation and hunches. Similarly, the field of investigative psychology has recently expanded to include such areas as suspect interviewing and examination of material presented in court, which supports it's utility in all aspects of the jucidial process. 

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Atavistic form (Lombroso)

Atavistic form- A biological approach to offending that attributes criminal activity to the fact that offenders are genetic throwbacks or a primitive sub-species ill-suited to conforming to the rules of modern society. Such individuals are distinguishable by particular facial and cranial characteristics. 

Atavistic characteristics:

  • Lombroso argued that the criminal sub-type could be identified as being in possession of particular psychological 'markers' that were linked to particular types of crime. 
  • In terms of cranial characteristics, the atavistic form included a narrow, sloping brow, strong prominent jaw, high cheekbones and facial asymmetry. Other physical markers include dark skin and extra toes or fingers. 
  • Murders were described as having bloodshot eyes, curly hair and long ears; sexual devinats- glinting eyes, swollen and fleshy lips and projecting ears, whilst the lips of fraudsters were thin and 'reedy'. 
  • Other aspects to a born criminal including insensivity to pain, use of criminal slang, tattoos and unemployment. 
  • Lombroso studied the facial and cranial features of hundreds of Italian convicts, and concluded that 40% of criminals had atavistic characteristics. 
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Atavistic form ~ evaluation

+ Contribution to criminology. Lombroso is credited as shifting the emphasis in crime research away from moralistic discourse towards a more scientific and crediable realm. 

- Scientific racism. Critics have drawn attention to the distinct racial undertones within Lombroso's work. Many of the features that Lombroso identified as criminal and atavistic, such as curly hair and dark skin, are most likely to be found among people of African descent. There is little doubt it is sn uncomfortable and controversial aspect of his legacy which continues to overshadow criminology. 

- Contradictory evidence. Goring (1913) set out to establish whether there were any physical or mental abnormalities among criminals. He found that there was no evidence that offenders are a distinct group with unusual facial and cranial characteristics. This questions the key element of Lombroso's theory that criminals are different in terms of their apperance. 

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Genetic explanations

Genetic explanations for crime suggest that would-be offenders inherit a gene, or combination of genes, that predispose them to commit crime. 

Twin studies- the first criminal twin study was conducted by Lange (1930) who investigated 13 identical MZ twins and 17 DZ twins where one twin in each pair had served time in prison. Found that 10 of the MZ twins but only 2 of the DZ twins has a co-twin who was also in prison. Concluded that genetic factors must play a predominant part in offending behaviour. 

Candidate genes- Tiihonen (2014) revealed abnormalities on two genes that may be associated with violent crime- the MAOA gene (controls dopamine and serotonin and linked to aggression) and CDH13 (linked to substance abuse). Individuals with this high risk combination were 13 times more likely to have a history of violent behaviour. 

Diathesis-stress model- A tendancy towards criminal behaviour may come about through the combination of genetic predisposition and biological or psychological trigger- for example, being raised by a dysfunctional environement or having criminal role models.

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Neural explanations

Evidence suggests there may be neutral differences in the brains of criminals and non-criminals. Neural explanations- any explanation of behaviour in terms of (dys)functions of the brain and nervous system. This includes the activity of brain structures such as the hypothalamus, and neurotransmitters such as serotonin and dopamine.

Prefrontal cortex- Raine reported that there are several dozen brain-imaging studies demonstrating that individuals with antisocial personalities have reduced activity in the prefrontal cortex. Also found an 11% reduction in the volume of grey matter in the prefrontal cortex of people with antisocial personality disorder compared to controls.

Mirror neurons- Research suggests that criminals with APD can experience empathy but more sporadically than others. Keysers (2011) found that only when criminals were asked to empathise did their empathy reaction activate. This suggests that APD individuals are not totally without empathy, but they may have a neural 'switch' that can be turned on and off, unlike the 'normal' brain which has the empathy switch permanently on. 

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Genetic and neural explanations ~ evaluation

- Problems with twin studies. Lange's research into twin studies were poorly controlled and judgements related to zygosity (whether twins were MZ or DZ) were based on appearance rather than DNA testing. This means they lack validity. Also twin studies involve small sample sizes. As well as this, the fact most twins are reared in the same enviornment is a major confounding variable as concordance rates may be due to shared learning experiencs rather than genetics.

+ Support for diathesis-stress model. Mednick (1984) defined criminal behaviour as being in possession of at least one court conviction. When neithher the biological nor adoptive parents had convictions, the percentage of adoptees that did were 13.5%. The figure rose to 20% when either of the biological parents had convictions, and 24.5% when both adoptive and biological parents had convictions. This suggests enviornmental influence cannot be disregarded, which supports the diathesis-stress model of crime.

- Problems with adoption studies. The presumed separation of genetic and enviornmental influences in adoption studies is complicated by the fact that many children experience late adoption, which means that their infancy and childhood may have been spent with their biological parents anyway.

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Eyesenck's personality theory

Theory- Eyesenck (1947) proposed that behaviour could be represented along two dimensions; introversion/extraversion and neuroticism/stability. The two dimensions combine to form a variety of personality characteristics or traits. Eyesenck later added a 3rd dimension- psychoticism.

Biological basis- personality traits are biological in origin and come about through the tupe of nervous system we inherit. Therefore, all personality types, including the criminal personality type, have an innate, biological basis. Extraverts have an underactive nervous system which means they constantly seek excitement. Neurotic individuals tend to be nervous, jumpy and over-anxious, and their general instability means their behaviour is often difficult to predict.

Criminal personality- Neurotic extravert, a combination of all the characteristics and behaviours described above for both neuroticism and extraversion. Also, Eyesenck suggested that the typical offender will also score highly on measures of psychoticism- a cold and unemotional personality.

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Eyesenck's personality theory

Role of socialisation- Personality is linked to criminal behaviour via socialisation processes. Eyesenck saw criminal behaviour as developmentally immature in that it is selfish and concerned with immediate gratification- they are impatient and cannot wait for things. The process of socialisation is one where children are taught to become more able to delay gratification and more socially oriented. Eyesenck believed that people with high E and N scores had nervous systems that made them difficult to condition. As a result, they would not learn easily to respond to antisocial impulses with anxiety. Consequently, they would be more likely to act antisocially in situations where the opporunity presented itself.

Measuring the criminal personality- The notion that personality can be measured is one that is central to Eyesenck's theory. He developed the Eyesenck Personality Inventory (EPI), a form of psychological test which locates respondents along the E and N dimensions to determine their personality type. A later scale was introduced that is used to measure psychoticism.

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Eyesenck's personality theory ~ Evaluation

+ Evidence supporting Eyesenck's theory. Eysenck and Eyesenck (1977) compated 2070 male prisioners' scored on the EPI with 2422 male controls. On measures of psychoticism, extraversion and neuroticism, prisoners recorded higher scores than controls which accords with the predictions of the theory.

- Idea of a single criminal type heavily criticised. Moffitt (1993) proposed severak distinct types of adult male offender based on the timing of the first offence, and how long offending persists. Further, Eyesenck's criminal type if out-of-step with modern personality theories. From this perspective, multiple combinations are available and therefore high E and N scores do not mean offending is inevitable.

- Cultural bias. Bartol and Holanchock (1979) looked into cultural differences. They studied Hispanic and African-American offenders in a priosn in NY and divded into 6 groupd based on criminal history and offence. It wa revealed that all 6 groups were found to be less extravert than a non-criminal group. Bartol suggested that this was because their sample was a very different cultural group than that investigated by Eyesenck, which questions the generalisability of the criminal personality.

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Cognitive explanations

Level of moral reasoning- Refers to the process by which an individual draws upon their own value system to determine whether an action is right or wrong. Kohlberg attempted to objecitfy this process by identifying different levels of reasoning based on people's answers to moral dilemmas.

Kohlberg's model and criminality- Criminal offenders are more likely to be classified at the pre-conventional level of Kohlberg's model (stages 1-2), whereas non-criminals have generally progressed to the conventional level and beyond. The pre-conventional level is characterised by a need to avoid punishment and gain rewards, and is associatd with less mature, childlike reasoning. Therefore, adults and adolescents who reason at this level may commit crime if they can get away with it or gain rewards in the form of money, increased respect, etc. This assumption is supported by studies which suggest that offenders are often more egocentric and display poorer social perspective-taking skillls than non-offender peers. Individuals who reason at higher levels tend to sympathise more with the rights of others and exhibit more conventional behaviours such as honesty, generosity and non-violence.

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Cognitive explanations ~ cognitive distortions

Cognitive distortions- Faulty, biased and irrational ways of thinking that mean we percieve ourselves, other people and the world inaccurately and usually negatively. Research has linked this to the way in which criminals interpret other people's behaviour and justify their own actions.

2 examples of cognitive distortions:

  • Hostile attribution bias- The tendancy to judge ambiguous situations, or the actions of others, as agressive and/or threatening when in reality they may not be. Dodge and Frame (1982) showed children a video of an 'ambiguous provocation'. Children who had been identified as 'aggressive' and 'rejected' prior to the study interpreted the situation as more hostile than those classed as 'non-aggressive' and 'accepted'.
  • Minimalisation- A type of deception that involves downplaying the significance of an event or emotion. A common strategy when dealing with feelings of guilt. Barabee (1991) found among 26 incarcerated rapists, 54% denied they had committed an offence at all and a further 40% minimised the harm they had caused to the victim. Similarly, Pollock and Hashmall (1991) reported that 35% of a sample of child molesters argued that the crime they had committed was non-sexual and 36% stated that the victim had consented.
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Cognitive explanations ~ evaluation

+ Application of research. Understanding the nature of cognitive distortions has proven beneficial in the treatment of criminal behaviour. The dominant approach in the rehabilitation of sex offenders is cognitive behaviour therapy which encourages offenders to 'face up' to what they have done. Studies suggest that reduced incidence of denial and minimalisation in therapy is highly correlated with a reduced risk of reoffending and this is a key feature of anger management.

- Descriptive not explanatory. One key failing with the cognitive approach is that is it less successful when comes to explaining a criminal mind. Cognitive explanations are essentially 'after the fact' theories and, although they may be useful when predicting reoffending, they tend not to give us much insight into why the offender committed crime in the first place.

- Individual differences. Langdon (2010) suggested that intelligence may be a better predictor of criminality than moral reasoning. This would explain the finding that groups of people with very low intellegence are actually less likely to commit crime (despite the fact they show lower levels of moral reasoning).

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Differential association theory

Differential association theory- An explanation for offending which proposes that, through interaction with others, individuals learn the values, attitudes, techniques and motives for criminal behaviour.

Scientific basis- Sutherland (1924) developed a set of scientific principles that could explain all types of offending- 'the conditions which are said to cause crime should be present when crime is present, and they should be absent when crime is absent'.

Crime learned as a behaviour- The learning occurs most often through interations with significant others that the child associates with. Criminality arises from two factors; learned attitudes towards crime and the learning of specific criminal acts.

Pro-criminal attitudes- When a person is socialised into a group they will be exposed to values and attitudes towards the law. Some of these values will be pro-crime, some of these will be anti-crime. Sutherland argyes that if the number of pro-criminal attitudes the person comes to acquire outweighs the number of anti-criminal attitudes, they will go on to offend. Differential association suggests that it should be possible to mathematically predict who will offend.

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Differential association theory

Learning criminal acts- In addition to being exposed to pro-criminal attitudes, the would-be offender may also learn particular techniques for committing crime. As well as offering an account of how crime may 'breed' amongst specific social groups and in communities, Sutherland's theory can also account for why so many convicts released from prison go on to reoffend. It is assumed that whilst inside prison inmates will learn specific techniques of offending from other, more experienced criminals that they may be eager to put into practice upon their release. This learning may occur through observational learning and imitation or direct tuition from criminal peers.

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Differential association theory ~ evalutation

+ Explanatory power. The theory has an ability to account for crime within all sectors of society. Whilst Sutherland recognised that some types of crime, such as burglary, may be clustered within certain communities, it is also the case that some crimes are more prevalent amongst more affluent groups in society. Sutherland was also interested in 'white collar crime' and how this may be a feature of middle-class social groups who share deviant norms and values.

+ Shift of focus. Sutherland was successful in moving the emphasis away from early biological accounts of crime, such as Lombroso's atavistic theory. Differential association theory draw attention to the fact that dysfunctional social circumstances and environments may be more to blame for criminality than dysfunctional people. This approach is more desirable because it offers a more realistic solution to the problem of crime instead of eugenics or punishment.

- Difficulty of testing. Despite Sutherland's promise to provide a scientific and mathematical framework within which future offending behaviour could be predicted, differential association theory suffers from being rather difficult to test. However, it is difficult to know at what point the urge to offend is realised and the criminal career triggered. The theory does not provide a satisfactory solution to these issues, undermining its scientific credibility.

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Psychodynamic explanations of offending

Psychodynamic explanations- A group of theories influenced by the work of Sigmund Freud which share the belief that unconcious conflicts, rooted in early childhood and determined by interations with parents, drive future and criminal behaviour.

Inadequate superego- Superego is formed at the end of the phallic stage of developement. The superego works on the morality principle and exerts its influence by pushing the ego through guilt for wrongdoing, whilst rewarding it with pride for moral behaviour. Blackburn (1993) argued that if the superego is somehow deficient or inadequate then criminal behaviour is inevitable because the id is given 'free rein' and not properly controlled. 3 types of inadequate superego:

  • Weak superego- if the same-sex parent is absent during the phallic stage, the child cannot internalise a fully-formed superego as there is no opportunity for indentifacation.
  • Deviant superego- If the superego that the child internalises has immoral or deviant values this would lead to offending behaviour.
  • Over-harsh superego- A healthy superego is like a firm internal parent- it has rules, but also forgiving transgressions. In contrast, an excessively punitive or overly harsh superego means the individual is crippled by guilt and anxiety. This may drive the individual to perform criminal acts in order to satisfy the superego's overwhelming need for punishment.
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Psychodynamic explanations of offending

Maternal deprivation theory- Bowlby (1944) argued that the ability to form a meaningful relationships in adulthood was dependent upon the child forming a warm, continuous relationship with a mother-figure. The maternal bond was seen by Bowlby as unique, superior and any other, and vital to the child's well-being and development. Failure to establish such a bond during the first few years of life means the child will experience a number of damaging and irreversible consquences in later life. One of these is the development of a particular personality type, known as affectionless psychopathy, characterised by a lack of guilt, empathy and feeling for others. Such maternally depreived individuals are likely to engage in acts of delinquency and cannot develop close relationships with others, as they lack the necessary early experience to do so.

44 thieves- Bowlby (1944) suppported his claims with his own investigation of 44 juvenile thieves. He found, through interviews with the thieves and their familis, that 14 of the sample he studied showed personality and behavioural characteristics that could be classified as 'affectionless psychopathy'. Of this 14, 12 had experienced prolonged separation from their mothers during infancy (in particular, the first 2 years of their lives). In a non-criminal group, only two had experienced similar early seperation. Bowlby concluded that the effects of maternal deprivation had caused affectionless and delinquent behaviour among the juvenile thieves.  

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Psychodynamic explanations~ Evaluation

- Gender bias: An implicit assumption within Freudian theory is the idea that girls develop a weaker superego that boys. Having not experienced castration anxiety, girls are under less pressure to identify with their mothers, so their superego is less fully realised. The implication of this is that females should be more prone to criminal behaviour than males.

- Contradictory evidence: There is very little evidence that children raised without a same-sex parent are less law-abiding as adults. This contradicts Blackburn's weak superego argument. Similarly, if children who are raised by deviant parents go on to commit crime themselves, this could be due to the influence of genetics or socialisation, rather than the formation of a deviant superego. Finally, the idea that criminal behaviour reflects an unconcious desire for punishment seems implausible, as most offenders go to a great lengths to conceal their crimes which suggests they want to avoid punishment at all costs.

- Methodological isses: 44 thieves study has been heavily criticised. He has been accused of researcher bias insofar as his preconceptions of what he expected to find may have influenced the responses of this interviewees. Bowlby also failed to draw a distinction between deprivation and privation within his research. Many of the thieves he studied had experienced privation, which many commenters consider to be more damaging than deprivation.

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Custodial sentencing

Custodial sentencing- A judicial sentence determined by a court, where the offender is punished by serving time in prison or in some other closed theraputic and/or educational institution, such as a psychiatric hospital. 4 main reasons for doing this:

  • Deterrence- The unpleasant prison experience is designed to put off the individual from engaging in offending behaviour.
  • Incapacitation- The offender is taken out of society to prevent them reoffending as a means of protecting the public.
  • Retribution- Society is enacting revenge for the crime by making the offender suffer, and the level of suffering should be proportionate to the seriousness of the crime.
  • Rehabilitation- In contrast to the above, many commentators would see the main objective of prison better adjusted and ready to take their place back in society.
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Psychological effects of custodial sentencing

Psychological effects associated with serving time in prison:

  • Stress and depression- suicide rates are considerably higher in prison than in the general population, as are incidents of self-mutilation and self-harm. The stress of prison experience also increases the risk of psychological disturbance following release.
  • Institutionalisatio- having adapted to the norms and routines of prison life, inmates may become so accustomed to these that they are no longer able to function on the outside.
  • Prisonisation- refers to the way in which prisoners are socialised into adopting an 'inmate code'. Behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded inside the walls of the institution.

Problems with recidivsm (reoffending):

Statistics produced by the Ministry of Justice in 2013 suggest that 57% of UK offenders will reoffend within a year of release. In 2007, 14 prisons in England recorded reoffending rates of over 70%. UK and US has some of the highest recidivism in the world. Norway has lowest in Europe, because there is more emphasis placed on rehabilitation and skills developement than there is in the UK. However, many commentators are critical of the Norwegian model labelling it a 'soft option' that does not sufficiently punish its inmates.

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Custodial sentencin ~ Evaluation

+ Evidence supports psychological effects: Bartol (1995) has suggested that inprisonment can be 'brutalm demeaning and generally devastating'. In the last 20 years, suicide rates among offenders have tended to be 15 times higher than those in the general population. This suggests that custodial sentencing is not effective in rehabilitating the individual, particularly those who are psychologically vulnerable.

- Individual differences: It cannot be assumed that all offenders will react in the same way. Different prisons have different regimes, so there are likely to be wide variatons in experience. In addition, the length of sentence, the reason for incarceration and previous experience of prison may all be important mitigating factors. Finally, many of those convicted may have had pre-existing psychological and emotional difficulties at the time they were convicted. Therefore, it is difficult to make general conclusions that apply to every prisoner and every prison.

- Universities for crime: Alongside the legitimate skills that offenders may acquire during their time in prison, they may also undergo a more dubious 'education' as part of their sentence. Incarceration with hardened criminals may give younger inmates in particular the opportunity to learn the 'tricks of the trade' from more experienced offenders. This may undermine attempts to rehabilitate prisoners, making reoffending more likely.

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Behaviour modifacation in custody

Behaviour modifacation- An application of the behaviourist approach to treatment. It is based on the principles of operant conditioning. The general aim is to replace undesirable behaviours with more desirable ones through the selective use of positive and/or negative reinforcement. This can be done through token economy.

Token economy- Based on operant conditionig, it involves reinforcing desirable behaviour with a token that can be exchanged for some kind of reward. Within the walls of prison, desirable behaviour may take many forms but is likely to include avoiding conflict, following rules and keeping the cell orderly. Tokens are secondary reinforcers because they derive their value from their association with a reward.

Changing behaviour- The behaviours to be reinforced are decided upon, and all those who come into contact with offenders must follow the same regime of selective reinforcement. So, the prison officers may reinforce a particular prisoner for working positively in a group. The whole programme can be overseen by prison officials who are able to monitor the programme's effectiveness on the management of the prison as a whole, as well as on the behaviour of individual offenders.

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Behaviour modification ~ evaluation

+ Easy to implement: The appeal of behaviour modification rests largely upon the ease with which it can be administered. There is no need to experitse or specialist professionals as there would be for other forms of treatment such as anger management.

- Ethical issues: The terms and conditions of behaviour modification are regarded as manipulative and dehumanising by several commentators. In an institution using the token economy system, participation in the scheme is obligatory for all offenders rather than optional. Although ultimately the offender can decide whether to comply with the scheme or break the rules, critics have suggested to comply with the scheme or break the rules, critics have suggested that a programme, which may not involve withdrawl of 'privileges' such as exercise and contact with loved ones is ethically questionable.

- Little rehabilitive value: Behaviour modification has 'little rehabilitive value' and any positive changes in behaviour that may occur whilsy the offender is in prison may quickly be lost when they are released. The token economy system is at its best when establishing appropriate conduct within prison with respect to a very specific set of behaviours but progress is unlikely to extend beyond the custodial setting. This may be because law-abiding behaviour is not always reinforced on the outside, or the rewards the offender recieves from breaking the law may be more powerful.

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Anger management

Anger management- A theraputic programme that involves identifying the signs that trigger anger as well as learning techniques to calm down and deal with the situation in a positive way. The aim of anger management is not to prevent anger but to recognise it and manage it. Anger management can be offered in prison to encourage self-awareness and facilitate rehabilitation.

CBT- The individual is taught how to recognise when they are losing control, and then encourgaed to develop techniques which bring about conflict-resolution without need for violence.

3 stages:

  • Cognitive preparation: This phase requires the offender to reflect on past experience and consider the typical pattern of their anger. Offender learns to identify those situations which act as triggers to anger.
  • Skill acquisition: Offenders are introduced to a range of techniques and skills to help them deal with anger-provoking situations more rationally and effectively. Techniques are cognitive and psychological.
  • Application practice: Offenders are given the opportunity to practice their skills within a carefully monitored environment. Requires are certain amount of commitment from the offender.
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Anger management ~ Evalution

+ Eclectic approach: Anger management works on a number of different levels. It includes cognitive preparation in order to identify the prcursors to anger in phase one. It applies a behavioural perspective in phase 2 and adopts a social approach in phase 3. This multidiscinary approach acknowledges that offending is a complex social and psychological activity, and any attempt to adress it, should include these different elements.

+ Comparison with behaviour modification: Unlike behaviour modificarion, anger management tries to tackle one of the causes of offending. Rather than focusing on superficial surface behaviour, it attempts to adress the thought processes that underlie offending behaviour. From this point of view it is logical to assume that anger management is more likely than behaviour modification to lead to permenant behavioural change and lower rates of recidivsm.

- Expensive and requires commitment: Anger management programmes are expensive to run as they require the services of highly trained specialists who are used to dealing with violent offenders. Many prisons may not have the resources to fund such programmes, so whether an offender can access such support may come down to something of a postcode lottery. In addition, the success of anger management is often based on the commitment of those who participate and this may be a problem is prisoners are uncooperative.

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Restorative justice programmes

Restorative justice programmes- A system for dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims. This enables the offender to see the impact of their crime and serves to empower victims by giving them a 'voice'. 4 key features:

  • Focus of acceptance of responsibilty and positive changes for people who harm others; less emphasis on punishment.
  • Not restricted to courtrooms; survivors and those responsible for harm may voluntarily choose to meet face-to-face in a non-courtroom setting.
  • Active rather than passive involvement of all parties in the process wherever possible.
  • Focus on positive outcomes for survivors and those who have engaged in wrongdoing.

Variations in process- Occasionally, the offender may make some financial restitution to the victim which may reflect the psychological damage done- or the actual physical damage done, in the case of a break-in for instance. Restorative justice is flexible and can function as an alternative to prison , as an 'add-on' to community service or as an incentive which may lead to the reduction of an existing sentence.

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Restoritive justice ~ evaluation

+/- Diversity of programmes: Unlike custodial sentencing there is a degree of flexibilty in the way in which programmes can be administered, and the term itself covers a wide range of possible applications. This is positive in the sense that schemes can be adapted and tailored to the needs of the individual situation, however it does present difficulties in terms of drawing general conclusions about the effectiveness of the approach.

- Soft option: Alternatives to custodial sentencing tend not to recieve public support. They are oten regarded as soft options, and these sentiments tend to be echoed by politicians, keen to convinve the electorate they are 'tough on crime'.

- Feminist critique: Womens' Aid organisation have called a legislative ban on the use of restorative justice in domestic violence cases. Their concerns relate to the power imbalance in the relationship between the abuser and the abused, and the fact that the wider community, who should be offering support, iften resorts to blaming the victim.

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