Forensics Flashcards

1
Q

Problems in defining crime

A

Crimes are acts against the law.

Definitions of crime differ across cultures and change over time.

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2
Q

Ways of measuring crime: Official Statistics

A

Government records of total number of crimes reported to the police and recorded in the official figures.
Published on an annual basis and provide a ‘snapshot’ of the number of crimes occurring in the country.
Allows government to develop crime-prevention strategies and policing initiatives.

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3
Q

Ways of measuring crime: Victim Surveys

A

Record people’s experiences of crime over a specific period.
The crime survey for England and Wales asks people to document crimes they have been a victim of in the past year. Separate survey for younger people.

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4
Q

Ways of measuring crime: Offender Surveys

A

Individuals volunteer details of the number and types of crimes they have committed. Tend to target groups of likely offenders based on ‘risk factors’, such as previous convictions. Looks at indicators of repeat offending.

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5
Q

Evaluation of defining and measuring crime

A

✗ Official Statistics may underestimate crime: many crimes go unreported to police that only around 25% of offences are included in the official statistics. The other 75% = ‘dark figure of crime’.
Farrington and Dowds found Nottinghamshire police were far more likely to record thefts under £10 than other countries.

✓✗ Victim Surveys have a greater degree of accuracy: surveys include crimes not reported to police. But they rely on accurate recall - may distort crime figures.

✓✗ Offender surveys provide insight: gather information on how many people are responsible for certain offences. But offenders responses may be unreliable - they conceal serious crime/ exaggerate.
- ‘Middle class’ crimes are under-represented (fraud)

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6
Q

Top-Down Approach: Offender Profiling

A

Match crime/ offender to pre-existing templates.

  • Organised: evidence of planning the crime, victim deliberately targeted, high degree of control, little evidence left behind, above average IQ, skilled professional job.
  • Disorganised: little evidence of planning, crime scene reflects impulsive nature of act, below average IQ, history of failed relationships.
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7
Q

FBI Profile Construction: Top-Down Approach

A

1) Data assimilation: review of evidence (photographs etc.)
2) Crime scene classification: organised or disorganised.
3) Crime reconstruction: generation of hypotheses about the behaviour and events.
4) Profile generation: generation of hypotheses about the offender.

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8
Q

Evaluation of the Top-Down Approach

A

✗ Only applies to particular crimes: common offences (e.g. burglary, destruction of property) do not lend themselves to profiling because the crime reveals little about the offender. Limited approach to identifying a criminal.

✗ Based on outdated models of personality: the typology classification system is based on the assumption that offenders’ patterns of behaviour are consistent across all situations and contexts.
- Alison et al. argue this is outdated as it sees behaviour as drive by dispositional traits rather than by constantly changing external factors. Poor validity of approach.

✗ Little support for ‘disorganised offender’: Canter et al. used smallest space analysis of 100 murders in US, each case was examined against 39 characteristics typical of organised and disorganised killers. Findings didn’t show a disorganised type.

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9
Q

Bottom-Up Approach: Offender Profiling

Investigative psychology

A

Profile is ‘data-driven’ and emerges as the investigator rigorously scrutinises the details of a particular offence.
Aim is to generate a picture of offender’s characteristics and background through analysis of evidence.

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10
Q

Bottom-Up Approach - Statistical analysis

Investigative psychology

A

Detects patterns of behaviour that are likely to occur across crime scenes. Develops a statistical database which acts as a baseline for comparison.

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11
Q

Bottom-Up Approach: Interpersonal coherence

Investigative psychology

A

The way an offender behaves at the scene may reflect everyday behaviour (e.g. controlling).
Their behaviour has coherence.

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12
Q

Bottom-Up Approach

Geographical Profiling

A

Inferences about the offender based on location-crime mapping. Can also be used alongside psychological theory to create hypotheses about the offender and their modus operandi.

Canter and Larkin:
Maurader - operates close to home base.
Commuter - likely to have travelled a distance away from usual residence.

Circle theory: pattern of offending locations is likely to form a circle around offender’s usual residence. Offender’s spatial decision-making provides insight into nature of offence (planned or opportunistic. etc)

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13
Q

Strengths of bottom-up approach

A

✓ Support investigative psychology: Canter and Heritage - content analysis of 66 sexual assault cases using smallest space analysis. Several characteristics were commonly identified in most cases (e.g. use of impersonal language). Can lead to an understanding of how behaviour may change = useful.

✓ Supports geographical profiling: Lundrigan and Canter - collated information from 120 murder cases involving serial killers in the US. Smallest space analysis revealed spatial consistency in behaviour of killers. = Key factor.

✓ Scientific basis: more objective than top-down - more psychological evidence, less speculation, use in judical process.

✓ Wider application to a range of offences. Techniques such as smallest space analysis can be used in investigation of crimes. More valuable as an investigative technique.

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14
Q

Biological Explanations: Atavistic Form

- Lombroso

A

Proposed criminals were ‘genetic throwbacks’ - a primitive sub-species who were biologically different from non-criminals. Laid foundations for modern offender profiling.
Offenders lack evolutionary development - ‘savage and untamed nature’ = impossible to adjust to civilised society and would inevitably turn to crime.
Lombroso saw criminal behaviour as an innate tendency.

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15
Q

Atavistic features

A

= Biologically determined. Mainly features of the head and face:

  • Narrow sloping brow.
  • Strong prominent jaw.
  • High cheekbones.
  • Dark skin.
  • Facial asymmetry.
  • Use of criminal slang.
  • Unemployment.
  • Tattoos.
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16
Q

Atavistic Form: Psychological ‘markers’

A

Linked to particular types of crime.
E.G. Murderers = bloodshot eyes, curly hair, long ears.
E.G. Sexual deviants = glinting eyes, swollen, fleshy lips.

Lombroso found 40% of criminal acts associated and accounted for by atavistic characteristics.

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17
Q

Strengths of Atavistic Form

A

✓ Large contribution to criminology: Lombroso = ‘the father of modern criminology.’ Shifted emphasis from moralistic discourse to scientific discourse. His theory heralded the beginning of criminal profiling.

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18
Q

Limitations of Atavistic Form

A

✗ Racial undertones: e.g. curly hair and dark skin, most likely to be found among people of African descent - uncomfortable and controversial legacy overshadows his work.

✗ Goring’s research: compared 3000 criminals to 3000 non-criminals. No evidence that offenders are a distinct group with unusual physical characteristics.

✗ Poor control in research: didn’t compare with non-criminal control group - significant differences in atavistic form may have disappeared if he had.

✗ Many of the criminals he studied had history of psychological disorders which may have acted as confounding variables.

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19
Q

Biological explanations: Genetic Explanations

A

Lange studied 13 MZ and 17 DZ twins, where one twin spent time in prison. 10 of the MZ twins had a co-twin who was also in prison.

Crowe found that adopted children who had a biological parent with criminal record had a 50% greater risk of criminal record by age 18. Adopted children whose mother didn’t have a criminal record only had 5% risk.

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20
Q

Genetic Explanations: Candidate Genes

A

Tiihonen et al. did a genetic analysis of 900 offenders and revealed 2 genes associated with violent crime:

  • MAOA gene controls serotonin and dopamine - linked to aggression.
  • CDH13 linked to substance abuse and attention deficit disorder.

High risk combo lead to individuals being 13x more likely to have violent disorder.

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21
Q

Genetic Explanations: Diathesis-Stress Model

A

Tendency of criminal behaviour may come about through a combination of:

  • Genetic predisposition (diathesis).
  • A biological or psychological stressor or ‘trigger’ (e.g. criminal role models or dysfunctional upbringing).
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22
Q

Strengths of Genetic Explanations

A

✓ Support for diathesis-stress model: Mednick et al. studied 13,000 Danish adoptees and criminality (having one conviction at least). When neither biological or adoptive parents had convictions, the percentages of adoptees that had a conviction was 13.5%. Rose to 20% when either of biological parents did, and 24.5% when both adoptive and biological parents did.
- Both genetics and environment influence criminality.

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23
Q

Weaknesses of Genetic Explanations

A

✗ Methodological problems with twin studies - Lange’s research was poorly controlled (based on appearance not DNA testing for judgements on if twins were MZ or DZ).

✗ Most twins are reared in the same environment - concordance rates may be due to shared learning experiences rather than genetics. Confounding variables mean twin studies may lack validity.

✗ Methodological problems with adoption studies - lots of adoptees maintain contact with their biological parents. Difficult to assess the environmental impact the biological parents might have had.

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24
Q

Biological Explanations: Neural Explanations

A

Antisocial personality disorder: there may be neural differences in the brains of criminals and non-criminals.
APD - associated with a lack of empathy and is suffered by many convicted criminals.

Less activity in prefrontal cortex = less emotional regulation: Raine et al. found 11% reduction in the volume of grey matter in the prefrontal cortex of people with APD compared to controls.

Mirror neurons: Keysers et al. found that only when criminals were asked to empathise did they show an empathy reaction (controlled by mirror neurons).

  • APD individuals do experience empathy, but may have a ‘neural switch’ that turns on and off.
  • In a normally functioning brain the empathy switch is permanently on.
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25
Q

Weaknesses of Neural and Genetic explanations

A

✗ Explanations are biologically reductionist - criminality is complex, crime runs in families, but so do poverty, deprivation and mental illness. Makes it difficult to disentangle the effects of genes and neural influences from other factors. In isolation, the explanations are too simplistic.

✗ Biologically determinist - a ‘criminal gene’ presents a dilemma - the legal system is based on the premise that criminals have personal and moral responsibility for their crimes. Only in extreme cases (e.g. diagnosis of mental illness) can someone claim that they were not acting entirely of their own free will. Raises ethical questions about what society does with people suspected of carrying these genes.

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26
Q

Psychological explanations: Eysenck’s theory

A

Eysenck suggested personality types are innate and based on the nervous system we inherit.

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27
Q

Eysenck’s theory: extraverts

A
  • Extraverts have an underactive nervous system which means they seek excitement and stimulation and engage in risk-taking.
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28
Q

Eysenck’s theory: neurotic

A
  • Neurotic individuals have a high level of reactivity in the sympathetic nervous system. They tend to be nervous, jumpy and over-anxious.
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29
Q

Eysenck’s theory: psychotic

A
  • Psychotic individuals are suggested to have higher levels of testosterone - cold, unemotional and aggressive.
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30
Q

Eysenck’s theory: criminal personality

A

Neurotics are unstable and prone to overreact. Extraverts seek more arousal and thus engage in dangerous activity. Psychotics are aggressive and lack empathy.

  • Criminal behaviour is concerned with immediate gratification.
  • High E and N scorers lack ability to learn (be conditioned)
  • Personality can be measured using Eysenck’s personality inventory.
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31
Q

Evaluation of Eysenck’s theory

A

✓ Evidence supporting: Eysenck and Eysenck compared EPI scores of 2070 male prisoners with a control group of 2422 non-criminal males. Prisoners scored higher on P, E and N supporting predictions of the theory.

✗ Cultural bias: Bartol and Holanchock studied Hispanic and African-American offenders in a NY maximum security prison. All 6 groups were less extravert than a non-criminal control group. They suggested this was because the sample was a different cultural group from that investigated by Eysenck - generalisability?

✗ Mismeasurement of personality - Eysenck’s theory assumes it is possible to measure personality. Critics argue we cannot reduce personality type to a ‘score’ from the EPI.

32
Q

Cognitive explanations: level of moral reasoning

- Kohlberg

A

Kohlberg used a moral dilemma technique and found criminal offenders tend to be at the preconventional level - non-criminals progress to the conventional level and beyond.

Preconventional level is characterised by:
• A need to avoid punishment and gain rewards.
• Less mature, childlike reasoning.

Offenders may commit crime if they can get away with it or gain rewards (e.g. money, respect).

Offenders are more egocentric and show less sympathy.

33
Q

Cognitive explanations: cognitive distortions

A

Faulty thinking helps criminals justify behaviour.

Schönenberg and Justye found violent offenders were more likely than non-offenders to perceive ambiguous facial expressions as angry and hostile. Can trigger a violent response.

Minimalisation reduces a person’s sense of guilt and involves downplaying significance of crime.
- Pollock and Hashmall found 35% of a sample of child molesters argued the crime they had committed was non-sexual and 36% stated the victim consented.

34
Q

Evaluation of cognitive explanations

- Levels of Moral Reasoning

A

✓ Evidence supporting levels of moral reasoning: Palmer and Hollin: used a scale of 11 moral dilemma-related questions - offenders showed less mature moral reasoning than a non-offending control group.

✗ May be better theories of moral reasoning: Gibb’s revised version of Kohlberg’s theory has mature and immature reasoning. Gibb’s argued that Kohlberg’s postconventional level should be abandoned because it was culturally biased and didn’t represent a natural maturational stage of cognitive development.

35
Q

Evaluation of cognitive reasoning

- Cognitive Distortions

A

✓ Applications of research: understanding cognitive distortions helps treat criminal behaviour - studies suggest reducing denial and minimalisation in therapy is correlated with reduced reoffending risk. Acceptance of one’s crimes is a key feature of anger management. - effective rehabilitation techniques.

✗ Cognitive approach may be good at describing the criminal mind, but less successful when it comes to explaining it.

36
Q

Psychological Explanations: Differential Association Theory - Sutherland (1924)

A

A set of scientific principles to explain offending.
He believed there were clear cause and effect links between the background of people who become criminals and those who didn’t.
His theory was designed to ignore race, class or ethnic background.

37
Q

Psychological Explanations: Differential Association Theory - Crime is LEARNED

A

Crime is learned through interactions with significant others.
‘Differential’ association refers to the degree to which a person associates with individuals.
Criminality arises from two factors:
- Learned attitudes towards crime.
- Learning of specific criminal acts.

38
Q

Psychological Explanations: Differential Association Theory - PRO-CRIME VALUES

A

When a person is socialised into a group they will be exposed to certain values and attitudes. Some of these will be pro-crime, some will be anti-crime.

Crime occurs if exposure to pro-crime values outweighs anti-crime values.

39
Q

Psychological Explanations: Differential Association Theory - MATHEMATICAL PREDICTION

A

The theory proposes that it should be possible to mathematically predict how likely it is that an individual will commit.

Based on the knowledge of the frequency, intensity and duration of an individual’s exposure to deviant and non-deviant norms and values.

40
Q

Psychological Explanations: Differential Association Theory - TECHNIQUES AND ATTITUDES ARE LEARNED

A

E.G. how to break into someone’s house through a locked window

41
Q

Psychological Explanations: Differential Association Theory - SOCIALISATION IN PRISON

A

Sutherland’s theory suggests that reoffending may be due to socialisation in prisons.
Inmates will be exposed to pro-criminal attitudes and also learn specific techniques from more experienced criminals.

42
Q

Strengths of Differential Association Theory

A

✓ Explanatory power: can account for crime in all sectors of society. Sutherland recognised that some crimes (e.g. burglary) are clustered in working-class communities, but others are prevalent in affluent sections of society.

✓ Contribution to criminology: moved emphasis away from early biological accounts of crime, and from those that pointed to individual weakness or immorality. Draws attention to dysfunctional social circumstances and environments.

43
Q

Limitations of Differential Association Theory

A

✗ May be an overly determinist explanation: not everyone exposed to criminal influences commits crime. May stereotype people from impoverished backgrounds as ‘unavoidably criminal.’ Theory may be environmentally determinist.

✗ Difficulty of testing the theory: Unclear how we can measure the numbers of pro or anti-criminal attitudes a person is exposed to. Doesn’t provide a satisfactory solution to these issues, undermining its scientific credibility.

44
Q

Psychological Explanations: Psychodynamic Explanations

- Inadequate superego

A

Freud proposed that the superego is guided by the morality principle - leads to feelings of guilt for wrongdoing.

Blackburn argued that if the superego is inadequate then the id is given ‘free rein’ and isn’t controlled. Criminal behaviour is inevitable.

Three types of ‘inadequate superego = weak, deviant, over-harsh.

45
Q

Psychological Explanations: Psychodynamic Explanations

- Weak superego

A

During the phallic stage the superego is formed in response to Oedipus complex.

If the same-sex parent is absent during this stage the child cannot internalise a fully-formed superego as there is no opportunity for identification.

Criminal behaviour is more likely.

46
Q

Psychological Explanations: Psychodynamic Explanations

- Deviant Superego

A

The child internalises same-sex parent’s moral attitudes to form their superego.

If these moral attitudes are deviant this would lead to a deviant superego and to offending behaviour.

47
Q

Psychological Explanations: Psychodynamic Explanations

- Over-harsh superego

A

Individual is crippled by anxiety and guilt - the superego has strict rules and is unforgiving.

May drive the individual to perform criminal acts in order to satisfy the superego’s overwhelming need for punishment.

48
Q

Psychological Explanations: Psychodynamic Explanations

- Bowlby & affectionless psychopathy

A

A warm, continuous relationship with mother-figure = crucial for future relationships and development.

A loss of attachment in infancy could lead to affectionless psychopathy (lack of empathy and guilt) and increased likelihood of delinquency.

49
Q

Psychological Explanations: Psychodynamic Explanations

- 44 juvenile thieves study

A

Bowlby found that 14 of the thieves showed signs of affectionless psychopathy - 12 of these had experienced prolonged separation from their mothers in infancy.

In a control group, only two had experienced prolonged separation (maternal deprivation).

Bowlby concluded that the effects of maternal deprivation had caused affectionless psychopathy and delinquent behaviour among juvenile thieves.

50
Q

Evaluation of Psychodynamic Explanations

A

✗ Gender bias: assumes girls develop a weaker superego than boys because girls don’t experience the castration anxiety so have less need to identify with mothers. This should mean females are more prone to criminal behaviour but isn’t supported by evidence from prison populations.

✗ Problems with Bowlby’s research: accused of researcher bias because his expectations may have influenced the responses of the interviewees.

✗ Causality: Lewis analysed data from interviews with 500 young people and found that maternal deprivation was a poor predictor of future offending behaviour.

✗ Lack of falsifiability in explanations: too many unconscious concepts within Freudian theory means applications to crime are not open to empirical testing. Regarded as pseudoscientific and don’t contribute as much to our understanding of crime.

51
Q

Aims of custodial sentencing - DETERRENCE

A

Involves a convicted offender spending time in prison, hospital or young offender’s institute.
Based on conditioning principles (punishment)
- Unpleasant experience of prison is designed to put the individual off repeating the same crime again.
- Also aims to send a message to members of society that crime will not be tolerated.

52
Q

Aims of custodial sentencing - INCAPACITATION

A

Ensures that the offender is taken out of society which protects the public from further offending.
Depends on the severity of the crime.

53
Q

Aims of custodial sentencing - RETRIBUTION

A

Society enacting revenge by making the offender suffer. Level of suffering should be proportionate to the severity of the crime.

54
Q

Aims of custodial sentencing - REHABILITATION

A

Reform the offender (they learn new attitudes and values and stop being a criminal).
Prison should provide an opportunity to develop skills, access addiction treatments and reflect on crime.

55
Q

Psychological effects of custodial sentencing

A

1) Stress and depression: suicide rates and self-harm are higher in prison than in general population.
2) Institutionalisation: inability to function outside of prison having adapted to the norms and routines of prison life.
3) Prisonisation: behaviours unacceptable outside prison are encouraged via socialisation into an inmate code.

56
Q

Custodial sentencing: recidivism

A

57% of uK offenders reoffend within a year.

Rates are lower in Norway where there is more emphasis on rehabilitation.

57
Q

Evaluation of custodial sentencing

A

✗ Psychological effects of custodial sentencing: Bartol suggested prison can be ‘brutal and devastating.’ Suicide rates among offenders are 15 times higher. The Prison Reform Trust found that 24% of women and 15% of men reported symptoms of psychosis.

✗ Individual differences: cannot assume all offenders react in the same ways. Different prisons have different regimes so experiences vary. Some offenders may also have pre-existing vulnerabilities.

✗ Can become ‘universities for crime’: differential association theory suggests time spent with hardened criminals can give inmates the chance to learn and reoffend.

✓ May be the opportunity for rehabilitation: many prisoners access education, training and anger management schemes. Worthwhile for some offenders. But the lack of evidence of long-term benefits undermines this argument.

58
Q

Behaviour modification: Behaviourist approach

A

Proposes that behaviour is learned - it should be possible to unlearn behaviour using the same principles.

Behaviour modification programmes designed with the aim of reinforcing obedient behaviour whilst punishing disobedience in the hope it becomes extinct.

59
Q

Behaviour modification: token economy

A

Based on operant conditioning: desirable inmate behaviours are rewarded with tokens.
Desirable behaviours might include avoiding conflict, being quiet, following rules.
Tokens exchanged for a phone call to a loved one, time in gym, extra food, etc. = primary reinforcers.
Tokens are secondary reinforces and may be removed for disobedience (punishment)

60
Q

Behaviour modification: behaviours broken down into increments

A
  • Desirable behaviour is identified (e.g. avoiding confrontation).
  • Broken down into small steps (increments).
  • A baseline measure is established.

Prison staff must selectively reinforce the identified behaviours.

61
Q

Limitations of Behaviour modification

A

✗ Ethical issues - An offender who decides not to comply with the scene loses ‘privileges’ through withdrawal of tokens and this is ethically questionable. Questions morality and fairness of token economy systems.

✗ Learning is only superficial - encourages passive learning and focuses on surface behaviours. Offenders can play along with TE systems to access rewards but this leads to little change in overall principles.

✗ Little rehabilitative value - Blackburn argued that positive changes in prison may quickly be lost when the offender is released. Law-abiding behaviour isn’t always reinforced on the outside, or the rewards the offender receives from breaking the law may be more powerful.

62
Q

Strengths of Behaviour Modification

A

✓ Easy to implement - doesn’t need specialist professionals like anger management does. Also cost-effective and easy to follow. But effectiveness depends on consistency.

✓ Individually tailored programmes can be effective - Field et al. examined a token economy programme for young people with behavioural problems. It was generally effective but a number of young people didn’t respond. Youths were later placed on a special programme where the rewards were more frequent and results were more positive. - Effectiveness can be maximised when rewards suit each individual.

63
Q

Anger Management

A

Novaco argues cognition triggers emotions that triggers aggression. In some people, anger is quick to surface in situations they perceive to be threatening. Becoming angry is then reinforced by the individual’s feelings of control in that situation.

64
Q

Anger Management - form of CBT

A

Individual is taught to:

  • Recognise the cognitive factors that trigger their anger and loss of control.
  • Develop behavioural techniques that bring about conflict-resolution without the need for violence.
65
Q

Anger Management Stages

A

Stage 1: Cognitive preparation) requires the offender to reflect on past experience - they learn to identify triggers to anger and the ways their interpretation of events may be irrational.

Stage 2: Skill acquisition) offenders are introduced to a range of techniques to help them deal with anger-provoking situations:

  • Cognitive: positive self-talk to promote calmness.
  • Behavioural: assertiveness training to communicate more effectively.
  • Physiological: methods of relaxation and/or meditation.

Stage 3: Application practice) offenders given the opportunity to practise their skills in carefully monitored environment. Successful negotiation of the role play would be met with positive reinforcement by therapist.

66
Q

Anger Management: positive outcomes with young offenders

A

Keen et al. studied the progress of young offenders between 17 and 21 who took part in anger management programmes. Initially there were difficulties with offenders forgetting diaries and not taking it seriously.

By the end, offenders generally reported increased awareness of their anger and capacity for self control.

67
Q

Strengths of Anger Management

A

✓ Eclectic approach - works on different levels. Cognitive preparation identifies precursors to anger. The behavioural perspective develops self-management techniques. multidisciplinary approach acknowledges that offending is a complex social and psychological activity.

✓ Tries to tackle causes - addresses the thought processes underlying offending behaviour. Anger management may give offenders new insight into the causes of their criminality, enabling them to self-discover ways of managing themselves outside of prison. More likely to lead to permanent behaviour change and lower rates of recidivism.

68
Q

Limitations of Anger Management

A

✗ Evidence for long-term effectiveness - Blackburn claimed that follow-up studies tended to show that anger management has a definite short-term effect, but there is little evidence it reduces recidivism. The application phase of treatment still relies heavily on artificial role play which may not properly reflect all the possible real-life anger triggers. Questions the effectiveness of programmes.

✗ Anger may not be the cause of offending - Loza and Loza-Fanous found no differences in levels of anger between offenders classed as violent or non-violent. Anger management programmes may be misguided or even damaging if they provide offenders with justification for their behaviour.

69
Q

Restorative Justice Programmes Aim

A

Switches the emphasis from the need of the state (to enforce the law) to the needs of the victim (to come to terms with the crime and move on).

Victims are encouraged to take an active role in the processes. Offenders are required to take responsibility and face up to what they have done.

Supervised meeting between two parties is arranged and managed by trained mediator.

70
Q

Restorative Justice: Healing Process

A

Braithwaite suggests ‘crime hurts, justice should heal’.

Victim is given opportunity to explain how the incident affected them - an important part of the rehabilitative process.

Healing and Empowerment.

71
Q

Restorative Justice: share key features

A

1) Focus on acceptance of responsibility and positive change, less emphasis on punishment.
2) Non-courtroom setting where offenders voluntarily choose to meet face-to-face with victim.
3) Active rather than passive involvement of all parties.
4) Focus on positive outcomes for both survivors and offenders.

72
Q

Restorative Justice Variations

A

Occasionally, the offender may make some financial restitution to the victim to compensate for physical or psychological damage done.

May be an ‘add-on’ to community service or as an incentive which may lead to reduction of an existing sentence.

Offender may fix any physical damage themselves (e.g. burglary)

73
Q

Restorative Justice Council

A

Independent body.
Role is to establish clear standards for the use of restorative justice and to support victims and specialist professionals.
It advocates the use of restorative justice in schools, hospitals, prisons, etc.

74
Q

Strengths of Restorative Justice

A

✓ Diversity of programmes: flexibility in the way they can be used, covers a wide range of possible applications (prisons, schools, etc.) Positive - schemes can be adapted to needs of individual situation.

75
Q

Limitations of Restorative Justice

A

✗ Reliance on the offender showing remorse: some offenders may ‘sign up’ to avoid prison or for a reduced sentence. The victim themselves may have an ulterior motive - to seek revenge. RJ programmes may not lead to positive outcomes.

✗ May not always be cost-effective: though it can saves the criminal justice system money, it requires the input of skilled and experienced individual to act as a mediator to prevent serious conflict. High dropout rates.

✗ Feminist critique: question suitability of RJ programmes for certain types of offence. Woman’s Aid have called for legislative ban on its use in domestic violence cases.

✗ Often seen as a ‘soft option’: saves money but doesn’t receive public support, people want systems to be ‘tough on crime.’