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What is a risk assessment?
involves estimating the probability of a future event based on secondary indicator variables
- not a perfect science as there is always error
- prepared for someone who has been labelled a violent offender to figure out their goals of sentencing
When is someone considered a violent offender?
Prior conviction
Have history of being violent
Are convicted of a violent offence
What are the two predictors of risk assessments?
Prediction: It changes, things can increase or decrease the risk of something happening
Ex: if someone has relapsed it increases their chance of using again
- Judges used to give a yes or no predictions → its not just this we need to manage it
- Must identify factors around risk now so we can predict their chances of using again
Management
Implementing the changes in prediction
When are risk assessments conducted in Canada ?
- When someone is NCRMD
- Conditional release
- Bail hearings
- Probation officers must do a risk assessment when someone breaches probation
- custody battles
What goes into risk assessments?
Dangerous offender
Civil commitment → someone has mental health issues commiting against will
Immigration → posing threat to people in Canada
School threats
Duty to warn
Level of supervision
Release decisions
Death penalty
Type of custody
** psychologists try to formalize risk assessments to limit their own bias
What is the duty to warm / protect?
- psychologists have the obligation to warn or protect if they feel there is risk for harming self or others
- based off canadian psychology board of ethics
- you can be held liable for failure to warn
- duty to warn--> you must tell authorities
- duty to protect--> committing person against their own will
What is beginning of the duty to warn / protect law in Canada?
There must be an identifiable group
Must be for serious threat or death
Has to be an urgent threat
Psychiatrist must disclose info based off the details of the case
- Tarasoff--> lead to duty to warn the victim or the authorities
- smith case--> patient confidentiality is set aside in the case of personal harm--> Created warn/protect laws
What is the tarasoff case? `
- girl was killed after university psychologist failed duty to warn
- lead to the creation of duty to protect/ warn laws
What is a statis risk factor?
historical factors that do not change with intervention do help us predict future offending
Ex: prior offences, abuse as a child, age when first started offending,
What is a dynamic risk factor?
- factors about a person that may change or fluctuate
- having job, marriage, family etc.
what is a dispositional risk factor?
- factors that never change and are related to the person themself
- age, personality etc.
- includes heavily studied psychopathy and impulsiveness in its analysis
What is a clinical risk factor?
- refers to the persons mental health
- history of mental illlness, diagnosis
What is situational factor?
- things in the immediate situation that can lead to risk
- access to victims, access to weapons
What are the big four risk factors that relate to criminal behaviour?
(they go along with another four referred to as the moderate 4)
History of Anti social behaviour → history of crime → behaviour is predicted by having committed this act before
Anti social attitudes→ attitudes that promote criminal offending → distrust of system/ police/ law
Anti social associates → crime is predicted by who you hangout with/ spend the most time with
Antisocial personality pattern → impulsivity, low conditioned ability, lack of long term goals/plans, big risk taking → tend to be somewhat stable over time
What are the moderate four factors related to criminal behaviour?
Family/marital problems→ single or with someone at time of crime
school/work problems → having not finished education, unstable work
Problematic leisure issue → how do you spend your time when not at work or school
Substance abuse →
What are some of the predictions and outcomes of risk factors?
- assess the person on your prediction of violent vs. non violent and the outcome positive vs. negative
- true/false: Was your prediction of the persons risk true or false?
- positive/negative: Did something occur or not occur?
true positive: you predicted this person as violent and they reoffended
false negative: you predicted this person as non violent and they did reoffend
false positive: I predicted person would reoffend and they did not
true negative: I predicted this person would not reoffend and they did not
What are some of the implications to the predictions of risk assessment outcomes?
- we can reduce false negatives by locking everyone up--> this is very costly and inhumane
- false negatives and false positives are linked--> as one increases the other decreases--> this is due to the fact that if we lock everyone up false positives may decrease and if we let everyone free false negatives will decrease
- if we locked up all false negatives--> individual rights are jeopardized because not everyone will reoffend
if we let all false positives free--> we will have lots of issues with victim safety
What is the base rate problem?
- refers to the percent of people that commit an act
- this problem occurs when we over estimate or underestimate the base rate and false negative/ or false positive predictions are increased and create issues
- bias is very hard to avoid when the base rate is very low or very high
- When base rate is low we tend to over estimate the risk one person will commit the act → higher false positive--> more people locked up
- When base rate is very high you tend to underestimate them doing it again → false negative increased--> more violent people released
- canada mostly deals with false positives due to low base rates
- You can increase base rate by looking at → pooling information, increasing time after offence
What is an illusionary correlation?
A possible decision error made by clinicians in which it is believed that a correlation exists between two events that are in fact unrelated or correlated to a lesser degree is defined as:
First generation --> Unstructured professional judgement
Unstructured professional judgement
We did identify certain risk factors
Use clinical decision
Lead to deinstitutionalization movement because forensic psychologists thought everyone was high risk and were putting ppl who didnt need in institutions
Many people were overestimating risk
** it is flexible but very subjective
What is the Johnny Backstrom case?
How did it effect risk assessments?
Committed to mental health institution for longer than he would've gone to jail
Commited based on clinical judgement assesssment
Argued with supreme court that this was unfair
Because of this case 100's of ppl had to be released from institutions
Followed up with 98 ppl released and only 7 had commited violent crimes
Showed decisions based on clinical judgement were not accurate
2nd generation risk assessments (actuarial)
1975-present
- Actuarial tools → identified items based on how related statistically they were to reoffending
- Systematic measurement of a set of factors derived from a research database
- Derive formulas that provide risk scores based on the empirical relationships between (static) risk variables and the criterion variable
- Provides risk estimates → tied to absolute recidivism (likeliness to offend again)
- When coding, items with larger relationships are given more weight in risk estimate
These scales couldnt be used for management because they were based soley on static variables
Once you have scores on scale you can estimate probability of reoffending
What is contributing to people believing that crime rates are going up?
Are crime rates increasing or decreasing?
What percent of crime rate in Canada is considered violent?`
- the media has new focus on crime related media and television shows
- all types of crime since early 90's is decreasing except for drug offences which has increased by 5%
- 20% of crime rate in Canada is considered violent
Why are forensic psychologists interested in Sentencing?
- Part of forensic psych is predicting and understanding criminal behaviour
Part of what defines criminal behaviour is our own laws
- What is considered crime changes via country, time, culture
Interested in construction of criminal behavior
Interested in changing criminal behavior through sentencing
Can examine rules of current sentencing to see the effect on criminal behavior
Why have we seen a sharp increase of incarceration rates in the early 80's & 90's
- enactment of minimum sentences
- mandatory minimums for drug incarcerations increased
- "tough on crime mentalities"
- Three strikes law in california→ if you were convicted in a violent crime and had two other sentences → given mandatory life sentence→ 28 states do this but sometimes with 3 violent sentences
What is the purpose of implementing mandatory minimums within court systems?
- reducing sentencing disparity between and within judges
How much does it cost to keep someone incarcerated per year?
100, 1600→ men
200,000 → women
Average person is 200,000
Costs less to supervise someone on parole
What is the correctional and conditional release act try to balance? `
1. Safety--> Exercising reasonable, safe secure, and humane control of offenders in correctional institutions and under supervision in the community
Part of what we need to do is to lock up ppl who are a risk
Short term goal of public safety is incarceration (removing person who is risk)
Public safety comes first
2. Rehabilitaton--> Assisting and encouraging offenders to become law abiding citizens
Second goal is to rehabilitate people before they are put into the community to increase public safety
Long term goal → helping someone reintegrate ppl into society
Public safety comes down to balancing both
** Judges should consider
What are some of the goals of sentencing? (5)
** it is impossible to balance all because some of these factors contradict eachother
1. Denunciation → criminal behaviour will not be tolerated in our society (there must be a punishment) → we want to denounce criminal behaviour
1. Specific deterrent → encouraging that individual to not commit a crime again
2. General deterrent → punishments encourage law abiding citizens to not break the law → ex: Drunk driving laws
3. Incapacitation → removing threats from the community → reduces short term risk
3. Rehabilitation → treatment programs reducing likeliness someone will commit a crime again → long term goal
4. Reparation → amends should be made → ex: community service work
5. Promote responsibility → want ppl to take responsibility for our actions
** retribution not included
What are some of the sentencing options?
1. Absolute discharge → you admit guilty to the crime but do not have criminal record→ minor offences
2. Conditional discharge→ criminal record will be dropped once conditions are met
3. Restitution → fines you must give to the victim
Fines/Community service→ restitution to the courts → some people must serve time if you cant pay your fine
4. Conditional Sentence → have criminal record but you serve sentence in the community → if you fail you will be sent to prison → Ex: must do a treatment program
5. Imprisonment → judge can send you straight to prison
What is the fundamental principle of sentencing? (4) (according to the criminal code)
1. Sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender → cant get 10 years for vandalizing a building
2. it is in our criminal code for judges to consider aggravating and mitigating factors in sentencing → however they should be treating other criminals the same → must sentence people with similar crimes the same → leads to sentencing disparity
3.Where consecutive sentences are imposed, the combined sentence should not be unduly harsh.
4. Sentences other than imprisonment should be considered
What are some mitigating factors to sentencing?
Someone driving drunk under emergency circumstances
NCRMD
murder due to self defence
First time offenders
What are some aggravating factors of sentencing?
- previous charges
What is sentencing disparity?
Variation in sentencing patterns due to influence of factors that are not legally relevant to the case
- When considering aggravating and mitigating factors we should give criminals with similar offences similar sentences
What is systematic variation in sentencing?
Variation in sentencing patterns due to influence of factors that are not legally relevant to the case
When considering aggravating and mitigating factors we should give criminals with similar offences similar sentences
What is unsystematic variation in sentencing?
One judge all over the map --. Sometimes really harsh with first time offender or really generous→ must see fluctuations in sentencing
Look at racial bias or other type of biases
White vs black sentencing
How can sentencing be studied?
1. official statistics --> Comparing sentences across Canada, Substantial discrepancies
2. simulation studies
- Mock or real judges recommend sentences→ Use example cases and compare sentencing → works better for identifying variables
- Agree on severity
- Substantial disparity or unreliability
What is capital punishment
(death penalty)
- not used in Canada
- US, China, Iran, pakistan → use the most
** 1/3 of canadians want to reinstate death penalty, murder rates have declined since abolishment of death penalty
Capital punishment in Canada
1976 abolished death penalty
1962 last execution in Canada
Canada replaced death penalty with our own habitual acts → dangerous offender legislation
Dangerous offender act in Canada
Someone who has committed a serious violent offence
- Murder automatically gets 25 yrs
- Highly violent or sexual crimes → can be considered for dangerous offender designation
- Prosecutor has pattern of violent crimes
- Risk assessment from an expert that shows this person is high risk for future offence
- Expert must testify that about chance of rehabilitation → if believed person is at high risk for reoffence→ judge can put them under violent offender code--> person automatically gets 7 years before they have parole hearing
Death penalty in the US
Abolished in 1972 due to discriminatory use
1976 reinstated
2005 - ropes vs. Simmons → banned junvenile death penalty
Death sentences are two part cases: determine verdict and then sentencing
Verdict: are they guilty?
Sentencing → jury decides if you have death and consider mitigating and aggravating factors
Mitigating factor ex: mental capacity→ most states will still execute someone with IQ of 70
31 states have the death penalty
Average wait is 15 yrs on death row
Longest wait is 27 yrs waiting
161 exonerations
Take long because of long appeals process
What is death row syndrome?
Average time on death row is many years
There are appeals during time of death row
The anxiety, depression, and suicidal thoughts people have on death row
What are some of the characteristics of death row offenders?
- 98% male
Age range is 18-85 yrs
67% have prior felony conviction
55% white, 42% african American
30% with low IQ → most states have 70 → judge can still decide whos competent
High rates: anxiety, depression, schizophrenia
What are some of the pros of capital punishment?
1. Dangerous people off of the street → making society safer
2. Lowering incarceration rates & costs → but after long appeals and wait time it doesnt
3. families closure→ "eye for an eye" → must pay for violent crimes with your life
4. Capital punishment as general "deterrant"
- if you knew you could go to jail for a long time for a crime = less likely to commit it→ not true because most murderers dont think rationall
***** crime rates dont show this to be true when comparing canada vs US
What are some of the cons of capital punishment?
1. it doesnt actually act as general deterrent because most acts of violence are not rationally thought out to have the pros and cons weighed before they are commited
2. it is inhumane
3. theres always a chance the person is innocent
What is an actuarial tool?
** calculates the chances of someone reoffending
· Systematic measurement of a set of factors derived from a research database
** developed in Ontario and is therefor used more
·Derive formulas that provide risk scores based on the empirical relationships between (static) risk variables and the criterion variable (i.e. Violence)--> variables given weight based on how close they are to chances of reoffending
- gives clear rules to coding behaviors that predict reoffence
- gives % of chance of reoffending based on the score given from the scale
Violent Risk Appraisal Guide (VRAG)
•VRAG (Quinsey et al., 1998)
•Developed on a sample (n = 618) of offenders from Penetanguishene (i.e., Waypoint)
•Consists of 12 weighted static risk factors (-26 to +38)
•Sum score and place offender within 1 of 9 risk bins (absolute recidivism rates)
•Predicts violent recidivism
Second generation actuarial scales pros and cons
•Advantages:
•Consistent
•High accuracy
•Easy to use (recidivism estimates)
Disadvantages:
•No theoretical base
•Items are static and unchangeable
•Nomothetic--> if something is relevant on average doesnt mean it applies to your specific case
•Cross-validation of recidivism estimates--> validated on one large sample--> some samples may find different rates
3rd generation risk scales
To focus solely on static risk factors limits the utility of risk assessment
3rd generation scales MAY include static risk factors, HOWEVER, they also measure offender needs
· Theoretically informed DYNAMIC risk factors (as the factor changes, we can expect similar changes in recidivism)--> criminal associates, criminal personality
Strengths
·Shares all of the same advantages of actuarial scales
- add theory and dynamic items relevant for treatment
Limitations: rarely ever use protective factors
Structured professional judgement scales
** developed in BC and used there more --> leads to various debates
- does predict re-offending as well as actuarial
•One of the most commonly used methods
•Examines pre-specified risk factors while adding case specific details
•Final judgment of risk is made with clinical judgment
•There are no rules provided for how the scores should be summed or assigned
- what is considered low moderate or high risk is subjective
HCR 20 (SPJ scale)
•Historical, Clinical, Risk Management (HCR-20) Scale (Webster et al., 1997)--> for violence
- more theoretically drive
- most popular
•Developed to assess risk for violence in civil psychiatric, forensic, and criminal justice populations
•In addition to 20 set items, can include other case-specific information
- code factors and rate categories as low, moderate, high risk and make final judgement with additional factors
•Maximum score is 40 + 1 of 3 risk levels
violent risk--> historical (10 static), clinical (dynamic 5), risk management (future 5)
F
Does it matter which scale you choose?
Different methods (actuarial, SPJ)
Designed for different types of offenders
Designed to predict different outcomes
Not all can inform interventions--> for treatment must include dynamic factors
Even scales designed for same purposes provide different answers (little consistency across instruments)
Protective factors
Protective factors mitigate or reduce the likelihood of negative outcomes (e.g. Delinquency)
May help explain why some people with many risk factors do not become violent or criminal
Protective factors include: prosocial involvement, strong social supports, positive social orientation, and intelligence (anything that is going to help reduce the probability that you will be involved in a crime)
- intelligence, education
Destinance
- reducing crime or stopping doing crime
- studying the factors that lead people to stray away from life of crime
- must think about what length of time before persosns risk for reoffending is same as general public
What factors do we consider when examining desistance?
- age --> reoffending rates peak in adolesence and then goes down after 30 -->older you are= less threat
- marriage --> differential association, social control
- employment
What is the age curve?
- age correlates with chances of reoffending
-- age --> reoffending rates peak in adolesence and then goes down after 30 -->older you are= less threat
- low chronics--> never peak in crime, tend to have steady rates of lesser crimes throughout their live
- high level chronics--> stay at high levels throughout their life and doesnt go down --> psychopaths
- adolescent limited--> peaks in adolescence and goes down after 30 --> most people follow this pattern
Late onset--> tend to peak at 20 but still go down later in life
What is differential association?
Interprets deviance including criminal behavior, as behavior one learns through interactions with others.
Who you associate with predicts your behaviour
Criminal peers = criminal behaviour
Proscial person marriage = less likely to engage in crime
Quality of attachment matters
What is social control theory?
- says that when one has relationships or employment or other factors in life they are afraid to loose they are less likely to get involved in criminal behaviour
What does quality of marital attachment need to lead to desistance?
- has a mix of internal and external factors
- external--> partner must be willing to work with you
- internal--> you must have strong feelings towards partner
What is domestic violence?
what is IPV?
what are some forms of IPV?
- domestic--> within families
- IPV--> Any violence that happens in an intimate relationship (physical, psychological) → occurs when dating, ex partner, same sex partner
Considered relationship if together month or more
Forms:
Physical: throwing something, pushing, slapping
Sexual: Any sexual nature unconsented, unprotected sex without consent
Emotional: Verbal, isolation, attacking confidence
Economic: Not allowing partner to work, controlling fiances, making them financially dependent
Who abuses more?
- men tend to be more violent abusers
- men and women commit equal amounts of minor abuse
- men use sexual cocercion more
What is the likert scale?
- a form of conflict tactic scale
1 to 6 in the past year, (6= more than 20 times in past year, 7= not it past year but has happened, 8= has never happened)
Assess what you have done and what has been done to you → abuse usually is done by both as victims response to the abuse
Limitation: doesnt account for the motive of the violence → was this self defence? → women who uses physical force on partner to leave house
What is the CTS law 1979?
What are the features of the CTS 2 scale?
- IPV became illegal
Negotiation scale: constructive problem solving scale,
problem solving with partner
Assess your perpetrating and victim level→ alot of violence becomes cyclical
Psychological scale: emotional abuse
Swearing, belittlement
Physical assault scale: physical abuse
Sexual coercion scale: anything sexual that doesnt have full consent
Unprotected,
Injury scale: DId injury occur?
What does studies say about IPV?
- men tend to use more sexual coercion
- men and women commit equal amounts of minor physical and verbal abuse
first nations & LGBTQ couples have lower self reports IPV→ more isolated relationships because relationship is less accepted
Immigrants have lower IPV self report rates
- men tend to report abuse less to police--> could be because of "pride" stigma
What are some of the reasons women report they stay in abusive relationships?
1. Denial of options → economic dependency, isolated
2. Belief that violence will end → believe that there is an external cause for the violence ex: loss of job but when gets new job violence will stay
3. Fear of reprisal--. towards self, children, petss etc.
4. Learned helplessness → believe they are unable to control violence and loose motivation to change → seeing no way out so you learn to live with it
5. Cycle of abuse
What is sliegmans learned helplessness theory?
Low gate that door can jump over
A shock from the floor that the dog receives after a sound goes off
Condition the dog to associate the tone sound with floor shock
Dog jumps over gate when he hears the sound to avoid the shock
Also have a tone with floor and higher gate
Eventually dog learns he cant escape the shock with the high gate so he will stop trying
If you put dog who cant escape the sound with high gate, with the low gate they will not try to escape
The dog learns helplessness from high gate they were conditioned with and will not even try with the low gate (1970's)
Used to explain after being the victim for so long a women feels like they cant escape and this is the new normal
What is the cycle of violence model?
Tension building → can see lines of communication w partner are faulty
Victim may tried to avoid violence escalating
Accute or abusive → violence occurs
Honeymoon stage → partner is very sorry and is trying to make amends
Finishes and then honeymoon stage and then back to tension building
Remission Phase → lets pretend this never happened
No gifts or apologies--> this doesnt always happen
Over time → violence tends to get more severe along with all other stages
What are some of the factors related to leaving?
Change in frequency or severity
Change in direction of abuse → begins towards children
Change in resources --. Financial independence = more likely to leave
Decreases partner's expressed remorse→ smaller honeymoon = more likely to leave
Change in visibility of violence → others taking notice feels less isolating
Why do women return to relationships with IPV?
31% sake of children
19% threat of violence
24% give another chance to the relationship
17% give relationship another chance
9% lack of resources
what is the R.Lavelle Case?
R. V Lavelle (1990)
Female 22 yrs old
Physically & emotionally abused for four years
August 30th shot him in the back of the head because he said he was going to kill her
Supreme court upheld jury decision to acquit her
Recognized the role of battered women syndrome
What are the outcomes of battered women syndrome?
PTSD Symptoms
Difficulty sleeping, nightmares, insomnia
Feelings of fear, anger, sadness, hopelessness and worthlessness
Panic attacks or flashback to the abuse
Outside additional symptoms
Learned helplessness
Refusing to leave the relationship
Believing that the abuser is powerful or knows everything
Idealizing the abuser following a cycle of abuse
Believing they deserve the abuse
What are some typologies of male batterers?
Family - only (50%): violence directed at partner, unassertive, low self esteem
Tend to be prosocial and have jobs
Have moderate levels of impulse control issues
Have passive dependent personality disorder→ needs to be taken care of 24/7, identity is based on the relationship→ have very slow self esteem
Engage in low levels of minor violence
- report negative attitudes towards abuse
Generally violent/anti-social (25%) : violence at home and in the community. Antisocial attitudes, impulsive, substance abuse, Antisocial/narcissistic personality disorder.
The most violent of the three
Dysphoric/borderline (25%): very quick to anger, jealous, depression and borderline PD
What is social learning theory of IPV?
Assumes that violence is learned
Learn how to observe how others behave
You have "models" in your life or external sources like media that teach you how to behave
There is evidence to support this theory→ men who have been abused are 3x more likely to be abusive
Desensitizes you to violence and teaches you how to act in response to situations
•Major source: observational learning
•Family
•men who witnessed abuse 3 times more likely to be violent
•Exposure to violence outside family (television, movies, video games)-->
• desensitizes and alters restraints
What is the male emotional funnel theory?
- believes that males have a variety of different emotions they label as anger
- Event → Aversive→ Arousal→ Labeling of arousal → Anxiety, jealousy, anger → Withdrawal or aggression
- aversive instigator--> something negative that leads to violent outcome
- incentive instigator--> something that can lead to using violence to get wanted outcome
How do outcomes relate to social learning theory?
Outcome of behaviour predicts likelihood of it happening again
•Positive outcome→ increase violence
reduces tension, regain feelings of control
-Negative outcome → decrease violence
social and legal sanctions
Self-punishment
Partner didnt submit and situation escalated
Why does density of the rewards and costs matter?
Whether or not you will engage in behaviour again depends on density of rewards and costs
More rewards = more likely
More cost = less likely
Doesnt happen in all cases → for social learning to work costs or benefits must come right after the act
The prediction of being violent again based on rewards / costs becomes less salient if there is time between the act and consequences
Ex: goes to court way later than offence→ court will feel like less of a cost
If punishments are not consistently applied they will lose effect on behaviour
What is the mandatory charging policy in Canada?
- when violence occurs it is mandatory that dominant agressor is charged when police are called
- if no dominant agressor can be found both parties are charged that engaged in violence
- created in the 80s to make IPV a public problem
- arrest seems to reduce chances of reoffending in the short term
What are some of the effects of arrest?
Reduces reoffending in short-term
•Most effective with first-time offenders or employed
Not effective for repeat offenders → general anti social batterers
Used to motivate batterers to go to treatment (i.e court-mandated treatment)
Unintended consequences:
Destabilizes financial situation at home of abuser
If police can't find dominant aggressor both parties are arrested → destabilizes home
Threat that police will arrest both parties
What are some of the treatments for abusers?
•Psychoeducational/Feminist "Duluth"
popular in the 80's → main cause of IPV is patriarchy
A model of educational treatment
Used guilt and shame to deter violence → didnt work
Not supported theory because it believes only one thing predicts behaviour
Cognitive Behavioral Therapy
Most useful --> CSC violence prevention program
•Couples therapy, anger management
Show studies support
What is patriachy?
is a set of cultural values and beliefs that support the dominance of women, and are thought to contribute to domestic violence.
What are some of the typologies of stalkers? (4)
1. Ex-intimate--> Common; usually male
•Targets ex-partner
•History of intimate partner violence→ harassment is way to try and win the person back
•Desires reconciliation or revenge
2. Love-obsessional--> Rare
•Targets casual acquaintances or co-workers but no prior intimate relationship
•Wants an intimate relationship
3. Delusional--> Very Rare
Target strangers
•Often high profile people such as celebrities, media, or politician
•Never had a relationship but believes relationship exists
•Has a delusional disorder, psychosis
4. Grudge--> Rare
•Targets people known but no prior intimate relationship
•Seeks revenge
when does stalking lead to violence and who gets stalked the most?
Leads to violence: Former intimate relationship
Threats to victim, Stalker has PD (antisocial, psychopathy) , substance abuse disorder, and no psychotic disorder
- women most, men less
- univesity students
- physicians, professors, politicians
What is the juvenile deliquents act that was in place until 1984?
- treated offenders as "little" adults
- had seperate court system for youth
- served 7-16 years for criminal responsibility
- had more sentencing options and parents were involved
- criticised because there wasnt many formal rules for sentencing involved
Young offenders act 1984- 2003
· Key changes
· Youth held accountable for actions
· Public has a right to protection
· Young offenders have legal rights
· Criminal responsibility: 12-18 years
· Diversion (diverted away from secure custody, must plead guilty to be eligible)
· Transfer to adult court (at least 14 years old; dealt with as an adult)
·Youth should be given more consideration in terms of severity of sentencing imposed
What is the youth criminal justic act 2003 - current
Main objectives
· Prevent youth crime
· Provide meaningful consequences
· Encourage responsibility
· Improve rehabilitation and reintegration
· Decrease use of custody (extrajudicial measures)
- anyone under 12 goes to family and social service agencies
How to deal with juvenile offenders
Take no further action
· Warning
· Verbal
· Police caution
· Written warning from Crown
· Referral (to rehabilitation services)
· Sanctions
· Youth-centered
·E.g. Conference
- diversion programs help limit offending
what are some of the current rules for adult-youth offences?
· Youth are no longer transferred to adult court but those 14+ can be given an adult sentence
· Youth sentencing principles
· Not more severe than an adult sentence
·Consistency proportionality
-Significantly more youth were charged than not charged when YOA was implemented
·Reversed when YCJA was implemented
What are some of the factors that should be taken into account when sentencing youth?
Age of the offender
· Seriousness of the offence
· Maturity level (the older you are, the more mature you likely are)--. prefrontal cortex isnt fully developed
What are some types of problems in youth that may lead to them participating in crime?
· Internalizing
·Externalizing: behavioural problems such as lying, fighting, bullying or antisocial acts--> externalizing are hardest to treat
What are some disruptive disorders according to the DSM 5?
·1. Oppositional Defiant Disorder
·Emerges in preschool years
· Prevalence: 4% general; 75% offender
· 40% develop
2. Conduct Disorder
· More common in boys (4:1)
· Conduct Disorder
· Emerges in middle childhood or early adolescence
· Prevalence: 4% general; 60% offender
· More common in boys
· Specifier: limited prosocial emotions
· **30-50% develop Antisocial Personality Disorder
- precursor to APD
3. AttentionDeficit/Hyperactivity Disorder
· Inattention and/or hyperactivity-impulsivity symptoms
· Emerges in early childhood
· Prevalence: 3% community; 30% offender
·More common in bo
What is the childhood onset of a youthful offender?
- difficult babies
2 year: Physical aggression (overt); hitting, kicking, pushing, biting, ineffective parenting
2-12 years
· Arrested, overt aggression
· Rejection by normal peers
·Academic difficulties
- persistent antisocial personality later in life
what are two types of agressors?
instrumental--> violence as a means to an end
Reactive aggressors--> Develop hostile attribution bias--> Attribute ambiguous situations as hostile and respond aggressively
proactive agressors--> "I'm going to get you before you get me!" and is a fear or anger reaction to an assumed threat.
What is the biological theory of someone becoming an offender?
· Having an antisocial father is a risk factor for an individual being involved in crime (genetic; even if the father is not around)
· Evidence that children who are involved in crime have a lower heart rate
· If your brain reactivity is relatively slow, it is usually a need for simulation
·Evidence that there is a biological, genetic component to offending
What is the cognitive theory that leads to offence?
Looking at the way children make decisions once they are introduced to stimuli in the environment
· How do your attitudes and beliefs affect the way you think
·Evidence that antisocial youth are not able to process information the same way and therefore make bad decisions, not as able to come up with alternatives for decision making, more likely to respond with aggression
What is the social learning theory surrounding aggression?
Bandura's (1965) social learning theory suggests that children learn antisocial behaviour from observing others, especially when they see the behaviour being positively reinforced
· Studies support this, in particular when modeling is combined with a lack of parental supervision and inconsistent discipline
· Role of violence in the media/video games??
·New research shows that there is no relationship between aggression and violent video
What are some individual risk factors? (risk factor 1)
Prenatal and delivery complications
· Mother's use of drugs, alcohol or cigarettes during pregnancy
·
temperament (difficult to soothe, hyperactive, attention problems, impulsive, risk taking)
·
Substance abuse, especially from an early age
·
Low verbal intelligence and delayed language development
·
Aggressive behaviour before 13 years (beyond what is expected for that age; aggression does not diminish with age)
·Many of these risk factors don't happen on their own, they interact with each other
What are somee of the familliar risk factors? (risk factor 2)
Poor parental supervision/too strict
· Low parental involvement
· Parental conflict and aggression (how the child is learning to solve conflict)
· Child abuse, neglect, and maltreatment
· Parental loss and divorce
· Drug and alcohol use
· Parents' mental health (parent might be less able to parent consistently due to their mental health)
· Whoever you are most exposed to will influence you more, quality of relationship matters
What are some educational risk factors? (risk factor 3)
Poor academic performance, particularly in elementary school
· Low commitment to school
· Low educational aspirations
· Truancy
What are some of the peer risk factors? (risk factor 3)
Perhaps the most important during the adolescent years (being accepted by their peers is very important to them)
· Associating with delinquent peers
· Engaging in delinquent behaviour
· Peer approval of delinquent behaviour
·Gang membership
What are some protective factors for youth?
Youth are more likely to seek positive behaviours, more likely to be helped
· Exposure to protective factors = resiliency
· They can work by:
· Reducing negative outcomes by changing level of exposure to risk factors
· Changing the negative chain reaction following exposure to risk
Helping develop and maintain self-esteem and self-efficacy (if things are not good at home, they can go to school and excel what they are good at)
· Avail opportunities to children that they would not otherwise have
· Individual
· Intelligence, social skills, values and beliefs, intolerant attitude to antisocial behaviour, being female, positive temperament, being reflective (i.e. Not impulsive)
· Familial
· Supportive parents, parental supervision, secure parent-child attachment, consistent discipline