weeks 7-11 Flashcards
(99 cards)
1
Q
3 key traits in psychopathy
A
- interpersonal (pathological lying, bully)
- affectively
(lacking empathy, no close ties or bonds) - behavioural
(sensation seeking, impulsive)
2
Q
heterotypic continuity
A
the expression of impairments in empathy across developmental stages
not specific to psych but traits will manifest differently throughout life course
3
Q
heterotypic continuity in different stages
A
childhood: difficulty connecting and playing with peers. have hard time understanding how other people beahviour affects others. bully. egocentric
adolesence: disregard for the effect antisocial behaviour has on victims. risk-taking. we expect youth to have understanding of WHY harmful behaviours impacts others
adulthood: inability to understand the emotional needs of a partner
4
Q
why is heterotypic continuity important for measuring youth
A
shows that underlying traits of psychopathy remain stable over time, the way these traits manifest changes with age.
A child who shows callous-unemotional traits by refusing to comfort a distressed peer might later display psychopathy by manipulating classmates or engaging in delinquent acts. Recognizing that these behaviors are expressions of the same underlying trait guides clinicians to focus on the root issue rather than the specific behavior alone.
5
Q
psychopathy in youth
A
- change in traits is due to maturation
- traits are more likely to start changing early in lifecourse
- there is no psychopathy diagnosis in DSM for youth
- Callous unemotional traits are in there tho (moral disengagement)
- Intersection with conduct disorder (before age of 12) - being aggressive, loud without any observable precursor to behaviour. Not in response to anything, just natural way they interact with environment
- evidence in adolescence is necessary for diagnosis of ASPD
6
Q
Hare’s PCL
A
measures traits and behaviours associated with psychopathy
Based off of features ppl thought represented psychopathy (no research, etc) they were grad students and captured it well but this measure is not perfect
7
Q
PCL:YV
A
- Parasitic orientation in both youth/adult
○ Must be measured in your differently because they have to rely on parents for food, shelter
Bullying siblings into doing chores, how they interact with others and how they get others to do what they want - range from 0-40
8
Q
Hare’s 4 factor model
A
- antisocial
- interpersonal (manipulative)
- affective (lack of remorse/guilt)
- lifestyle (impulsive)
9
Q
limitations of PCL
A
- Relies on too few indicators of personality traits
- reliance on behaviour to explain psychopathy:psychopathy used to explain behaviour (can exclude antisocial behaviour)
- emphasis on crim and antisocial behaviour
10
Q
the CAPP
A
- more complex
- 6 dimensional model of psychopathy
- bring focus of psychopathy back to personality
11
Q
the CAPP domians
A
- self domain (self-centered)
- emotional (lacks plesaurea and anxiety)
- dominance domain (deceitful)
- attachment (uncomitted)
- behavioural (aggressive)
- cognitive (lacks concentration
12
Q
all 5 symptoms in emotional domain
A
- lack anxiety
- lack pleasure
- lack emotional depth
- lacks emotional stability
- lacks remorse
13
Q
the order of canada’s justice acts for youth
A
- JDA
- YOA
- YCJA
14
Q
motivation for bringing in the JDA
A
- youth were being detained with adults while awaiting trial (child savers did not want this)
- more and more impoverished kids on streets
- higher levels of street crime by youth
- awareness of kids on streets and needed to be placed in reform schools (needed legislation to justify this)
15
Q
parens patriae
A
if parent unable to act as caregiver to kid, its responsibility of state to be caregiver for child
16
Q
philosophies of JDA
A
- treat youth and family and if they couldn’t treat family then youth would be brought to reform school or finding adoptive family
- focus on best interest for youth (subjective)
17
Q
JDA features
A
- YO =8-16 (varied by province)
- status offences
- indictable offence could be dealt with in adult court
- youth are misguided and misdirectes
- summary offences undert youth court
18
Q
dispositions under JDA
A
- adjourn hearings
- impose fines
- place child in foster home
- probation
- sentence youth to industrial school or reformatory
- min age for adult court transfer is 14 at judge’s discretion
19
Q
did probation officers have lots of power under JDA?
A
- yes
- it was a key feature
- conducted investigations and represented best interest of youth
20
Q
criticisms of JDA
A
- concern about prejudicial decision making regarding particular groups
- too much judicial discretion
- broad def of delinquency
- max age varied by province
- lack of resources
- abuse in instutution
- rising YC rate
- no empirical resesrch for treatments
21
Q
emphasis of YOA
A
- address of not being strict enough and carry over principles of JDA that they had unique needs, needed to be treated diff from adults, needed rehabilitation - youth more capable of being rehabilitated
- ensure procedural rights were maintained through whole process
- Proportionality in sentencing
- Dissolving of interdeterminate sentences
Establishment of case to be bound by past cases
- Dissolving of interdeterminate sentences
- YOA emphasize and sometimes things in conflict with one another
- Keep youth out of custody
- But other hand, saying to punish and put in custody to protect comml
Lack of hierarchy in principles and goals
22
Q
key goals of YOA
A
- hold accountability
- protection to society
- minimize impact of system on youth (labelling, not feeling connected to a comm)
- protect legal rights of youth
23
Q
YOA differences from JDA
A
- max ageof crim responsibility raised to 12
- Abolished indeterminate sentences
- emphasis on due process
- no status offence (charterr violation
24
Q
what were the 3 major amendments under the YOA?
A
- procedural
- get tougher on crime
3.get even tougher on crime
25
procedural amendments on YOA
1. have a uniform max age for crim responsibility
2. pre-trial detention of youth eith adults
-3. failure to comply as new offence
4. 3 year max rule of recidivists serving a sentence
26
2nd amendment of YOA
- Giving stronger sentences to 1st/2nd degree murder
○ Creating parole so they are monitored upon release from adult court
○ Must focus on proctection of publci when making decisions on trandfers
When transferred to adult court, meant offence was serious and youth should be dealt with through adult system to allow for stronger punishment to protect public
27
3rd amendment in YOA
Reverse onus
- Show on balance of probabilities why protection of public would be better served if they were dealt with in youth court
Victim impact statemets
- Allow persons to describe to court how offence negatively affect them
Increase sentence lengths and increase ease of being transferred to adult court
- Sentence - used if youth was processed under YOA
But if transferred to adult - then the sentece lengths under YOA were not considered
28
criticisms of YOA (even after amendments)
- Unclear if judges had to focus more on longer sentences or on rehabilitation of youth
- High crime rates made people believe we should get tougher on crime
- Reality, increase in crime rates was protect of getting tougher in first place
○ Justice system was wider, bringing people into system
- Fights at schools were being formally processed
- high high rate of incarceration
29
YCJA principles
- greater emphasis on crime prevention
- meaningful consequences for youth
- rehabilitation and reintegration
- focus on long term public protection
- respect for youths rights
30
3 purposes of YCA
1. prevent crime
2, rehabilitate and reintegrate
3. provide meaningful consequences
all to promote long term protection of public
31
YCJA includes
- extrajudical measures and sanctions
- restorative justice
- no sentencing as adult
32
YCJA concerns
Failed to represent over representation of indg youth in system
- Provinces still responsible for administering youth system
- Diff provs will have diff philosophies on how to respond to YC
Wont see this perspective go away that youth criminal justice system is too soft on crime
33
the 5 models of youth justice
1. welfare
2.coporatist (quebec)
3. trifurcated (canada)
4. crime prevention
5. crime control
34
which model of justice was associated with each of Canada’s three youth justice acts.
1. JDA (welfare)
- rehabilitative needs of youth
2. YOA (modified justice)
3. YCJA (modified)
35
welfare model key principles
- Sentence decisions are individualized
- Indeterminate sentencing is vital flaw of JDA
- Pivotal bc its their responsibility to find treatment
- main task: diagnosis and treatment
- rehabilitation
36
theoretical associated modelss
- positivist (welfare) rehabilitation
- neoclassical (justice) due process, punishment fits crime
- protection of public (deterrence) (crime control model) incarcerating offenders to protect public
37
key principles of corporatis model
- intervention without use of courts and retrain youth
- policies to guide youth away from court
- Rehabilitation through diversion
Divert out of formal justice system
38
key principles of modified justice
- due process
- informality (For non-serious offending, focus on informality, For more serious, focus on formal (due process, etc)
- key people are lawyers and childcare experts
- To assess risk factors
And what would be best sentence/punishment for youth
- diminished responsibility
39
key principles of justice model
- more narrow version of MJS
- due process, criminal offences, determinate sentences
- least restrictive measures
- punish offenders (youth are responsibke but not as responsible)
- respect rights but punish offenders
40
YCJA and MJM
- indv rights
- due process
- indv responsibility
- protection of society and accountability
41
key principles of crime control model
- due process
- discretion
- status offences
- protection of society, retribution and deterrences
- CJS stakeholders, lobby gov/judge to be more strict and punitive to protect/deter society and the specific deterrence of an indv
42
how police respond to youth
- monitor and enforce probation (curfew checks))
- locate/identify high risk youth
43
police initial contact
- police discretion
- issue warning and release
- take home to parents or take to station upon release
- write up youth before police
44
police discretion
- make decisions using their own judgment rather than strictly following the law.
- refer to program
- arrest and hold youth
- charge with offence
- hold in custody
45
extralegal factors affecting police discretion
- race: more likely to be arrested/have record
- demeanour: behaviour/attitude can determine outcome. self-fulfilling prophecy with race
- Low income areas
- Have more police in these areas
- Increases likelihood of being detected of offence
Area that they are policing can influence decision of whether or not to arrest
46
gendered differences and police discretion
Take 13 yr old boy and girl - police officers are more likely to charge the girl over the boy
16/17 yr old boy and 16/17 girl - police more likely to arrest the boy
Why is this the case?
- Differences in timing of maturation (girls having older peers than boys)
- Paternal (male based decisions to protect females in CJS) foundation of CJS (younger girls are seen as more deviant because we "expect" deviance from boys)
Wealthy comms have more options for diversion
- If kid arrested, can take home
In higher crime area
Police believe that its less likely for kid to have home to go home to, so arrest them instead
47
legal factors affecting police discretion
- seriousness of offence
- prior police contact
- prior convictions
- previously breached a probation order
- rules of criminal code
48
police dispositions
- extrajudicial measures
- laying a charge (crown may decide to use extrajudicial measure or sanction
49
over policing
causes more arrests and disproportion
50
charter sections relevant to police
ALL MUST BE COMMUNICATED IN A LANGUAGE YOUTH UNDERSTAND
- s.7, right to life, liberty and security
- s.8, freedom from unreasonable search/seizure
- s.9, freedom from arbitrary detainment or imprisonment
- s.10, right to legal counsel, habeas corpus
51
steps of s.26 of YCJA
s.26 of YCJA
- notify parent
-state reasons for arrest
- state place of detention
- inform them of charter rights
52
Mr. Big
- Police invent an organized crime group, go undercover, befriends the suspect and build trust, take them out and treat them to get this trust. Then try to draw out a confession
53
problems with mr. big
- Even though there is no coercion, youth more likely to falsely commit to crimes
- if not deemd justified, confession cannot be considered in courts
54
what is pre-trial detention (remand)?
- in custody awaiting trial or outcomes of court process
55
YCJA goal of pre-trial detention
- to reduce youth incarceration at pre-trial stage
56
when is pre-trial detention justified
if police need to..
- establish identity
- secure evidence
- prevent commission
- ensure attendance at court
- safety of victim
57
3 grounds for remand
1. primary ground
- ensure attendance in court
2. secondary ground
- to prevent future crimes against, or contact with, the victim (similar to no contact)
3. tertiary ground
- if granting the offender bail would bring the CJA into disrepute (horrific offence)
58
reasons to deny each ground for remand
1. primary
- NFA, history of violating court orders, no suitable guardian
2. secondary
- living with victim, conduct post arrest, evidence of coercion pre-arrest
3. tertiary
- when prim and sec cant be met by crown, releasing would result in public losing faith in justice system, serious offenders
59
role of crown counsel
- charge screening (Look through circumstances of offence, Look at will say (police's formal notes of what they will say nefore court)
Gives degree of evidence that police believes person is guilty)
- extrajudicial (Admit through guilt then can go through process of getting a penalty (6 months to complete 50 hours of community service, if don’t complete then can be charged for failing to comply, then receive formal charge and conviction, if successfully complete hours, then there is no formal conviction on criminal record
60
youth court judge
-weights info from...
- pre sentence
- gladue
- conference
- victim pact statement
decide to sentence as adult
- Crown must demonstrate to judge on balance of probabilities that adult sentence is necessary for protection of public
61
what is a presumptive offence
- homicide/serious offence/aggravated sexual assault
- youth 14 or older found guilty of violent offence can receive adult sentence
- however was ruled unconstitutional due to reverse onus
62
reverse onus
burden of proof from the prosecution to the accused in a court proceeding
accused must prove they should be released from custody, rather than the prosecution proving why they should remain detained
63
process of youth processed as adults
serve their sentence in youth custody. And serve sentence up until age 20
64
R.v. D.B.
- youth should be entitled to presumption of diminished moral culpability
even if found guilty
- Should be assumed that they have greater chances of changing and should not have reverse onus clause
Burden of proof is on crown council regardless of the crime committed
65
rv Gladue
separate offence from decisions in court processes
consider other alts to custody due to historical overrepresentation
- applies to all on or off reserve
66
rv BWP
One youth crime should not take responsibility for all youth invovlved in crime
- Should not punish this person more harshly to deter others from committing crime
Deterrence is not in YCJA
67
Rv CD
define what constituted a violent offence (defined by physical harm)
68
Rv CDK
Because dangerous driving did not involve bodily harm or intent for bodily harm, custody sentence could not be used
69
non-custodial dispositions
- reprimand (warning)
- discharge (absolute, no condition) (conditional, if you obey under certain conditions then record id cleared)
- fine
- compensation
- restitution
- community service
- probation
- attendance order
- intensive support and supervision (ISSP)
70
custodial sentences
- custody and community supervision (1/3 of sentence completed in comm)
- deferred custody (Serve it in community and follow certain conditions. If violate condition they are placed in custody and get administrative charge for failing to obide by conditions)
can be kept in custody until 20
71
intensive rehabilitative custody and supervision (IRCS)
- individualized treatment
- violent youth who suffer from mental illness/disorder, psychological disorder, or emotional disturbance
- expensive but rarely used
72
why is there special treatment for youth?
- less mature judgment
- poorer decision making in offending opportunities
- poorer executive functioning
- poorer impulse control
73
restorative programs
- aim to repair harm by the behaviour by requiring some compensation to victims or reparations via community service
- reconcilation between victims and offenders
- restitution: offenders provide financial compensation to victims to perform comm service
- mediation: offenders apologize to victims and may meet with them under supervision
74
skill building programs
- behavioural programs
- academic training
- job related interventions
provide outlet for youth to learn skills they may not have had access to before
75
the SNAP program
stop now and plan
- target (referred by police)
-aim (skill training)
- SNAP
- stop (calm down, take deep breaths)
- use (use coping statements)
- plan (effective solutions to interpersonal problems)
- teach (teach kids to identify triggers)
76
SNAP evaluation
- cost-benefit analysis
- program costs
- taking account of co-offending
77
programs targeting gangs
- GREAT
- ART
- Cure violence
78
Gang resistance education and training (GREAT) program
- on dangers of gang involvement, CBT, social skills, refusal skills, conflict resolution
79
aggression replacement training (ART) program
anger control and moral reasoning
80
cure violence program
- work on streets to prevent conflicts becoming violent change comm norms, work with high-risk indv
81
BC and gangs
- We have a gang problem in BC and uniqye from other jurisdication
- Individuals are coming from poverty
- In BC, poverty is different then people living in chicago
- In BC, middle to upper class joining gangs
○ Policy makers and politicians not figuring out what works (not fundign research)
Were missing research on whether these research programs acutally work
82
how gangs/gang membership is defined and measured
criminal code definition
- has 3 or more ppl, the facilitation or commission of serious offences for profit is main activity
police definition
- group intimidation, violence, and criminal acts to gain power
research def
- official data (police labels)
- self-report data (self-nomination)
83
prevalence of gangs in Canada? Are they responsible for the majority of homicide offenses?
- 434 youth gangs
- ontario has most
- police report to canada to get this information
- overrepresentation of indg peoples in gangs
no gang homicide only represents 20% of all homicides in canada
84
common features of gangs and signs of gang involvement?
- gang name
- leader/hierarchy
- meetings/rules/initiations
- symbols/tattoos/colours
- territory
85
Are most gang members in the gang for life?
no
- leave due to death of family member
- too stressful
- mature
- more money/being independent
86
What are some ways that gangs remain active?
longevity and acts such as drug trafficking
87
Do gang members differ from non-gang offenders? In what ways? What are the implications of these differences?
- gang members engage in criminal activties and have police contact before age 12
- commit more crimes
- negative family environment (crim motivated by parent, leaving home before 12)
- misbehave at school
- male
88
gang involvement experiences of participants and the relationship between different experiences (ISVYOS)
89
what type of initiation is most important for longevity?
initiation
- violent initiation are least likely to leave)
indigenous youth
90
What is social network analysis?
graph theory. mapping indv connections, who are they connected to and what is the nature of their relationship?
91
In the ISVYOS, what did we learn about gang involvement and co-offending, including homicide co-offending?
- indv with similar traits
- gang member status to develop trust
- network centrality
- homicide co-offense only involved BC gang members (only recruit fellow gang members) only trusted ither gang members to do job
92
problem with measurement of youth gang
- not rlly a thing
- ontario is largest province
- most gangs dont last long (membership tends to change)
93
motivation to join a gang
- protection
- family ties
- friendship
- money
94
secret to gang longevity
- recruitment
- initiation (create comradery, crime comission, tagged or blessed in)
- criminal behaviour (drug, market offences)
- diversity
- cohesion
- alliances
95
gang recruitment in canada
- recruit from people they are already connected to
- 'arm around shoulder' grooming
- individuals are the ones seeking to be involved
96
pros of family recruitment
promotes longevity and are less likely to leave gang
97
types of centrality
degree:
number of diff connections an indv has to diff actors in a network
betweeness:
number of instances where an indv acts as a "bridge" between otherwise unconnected actors
98
pre sentence report
results of an interview with you, and, if appropriate, your parents and extended family. It may include the results of interviews with the victim. The report may also contain any information related to the case, such as information about: Your age, maturity, character
- made by probation officer to present to judge for sentencing decisions
99
due process
legal requirement that the government respect a person's legal rights and treat them fairly when resolving legal matters.
