Forensic Psychology

Outline the Atavistic Form

The atavistic form is a historical approach by Lombroso which suggests that criminals are biologically different from non-criminals.

It is a biological explanation where offenders are seen as lacking evolutionary development and are genetic ‘throwbacks.’ This makes them savage and untamed which causes them to be unable to adjust to civil society. This causes them to turn to crime in order to cope.

Physical Features of the Atavistic Form

-Narrow sloping brow, strong jaw, high cheek bones, facial asymmetry and dark skin.

Other features such as insesitivity to pain, use of slang, tattoos and unemployment are also included.

Offender Types in the Atavistic Approach

Lombroso categorised particular types of offenders in terms of their physical and facial characteristics.

Murderers-bloodshot eyes, curly hair and long ears

Sexual Deviants-Glinting eyes, swollen fleshy lips and projecting ears

Fraudsters-Thin Reedy Lips

Describe Lombroso’s Research

Studies the facial and cranial features of many Italian convicts. He studied 383 dead and 3839 living criminals.

he concluded that there was an atavistic form and these were key indicators of criminality. 40% of criminal acts were committed by people with atavistic characteristics.

Evaluate Lombroso’s Legacy

Changed the face of the study of crime

-Lombroso shifted the emphasis of crime away from moralistic discourse and helped facilitate a movement toward a more scientific realm.

-Lombroso tried to describe how particular types of people are more likely to commit crimes and brought about the beginning of offender profiling.

This suggests that Lombroso made a major contribution to the science of criminology.

Counter:

There is a question as to whether Lombroso’s legacy is entirely positive. There are raciasl undertones prevalent in his work, m,any of the atavistic features can be found in people from African descent.

This fitted the attitude of the eugenics movement of the 19th century.

Therefore, Lombroso’s work might be more subjective than objective as well as being influenced by racial prejudices.

Limitations of the Atavistic Approach

Nature or Nurture

The atavistic approach raises questions of wether criminals are born or made. The atavistic form suggests that crime has a biological cause. However, even if criminals in this time period did have atavistic features this can be explained through external factors. For example, poor diet as a result of poverty. This suggests that criminals are born and made, meaning the evolutionary argument is flawed.

If we were to follow Lombroso’s idea, this may lend support to the eugenics movement.

Galton argues that for the good of society, only those who are genetically fit-ie. have good morale sand civility should be able to reproduce. Therefore, if followed to its ultimate conclusion the atavistic approach would suggest that criminals are born. This may lead to dangerous prejudice conclusions.

Poor Control

Lombroso failed to control important variables within his research, he did not compare his offender group to a control non-offender group.

This could have controlled for many confounding variables that may have explained higher crime rates in certain groups of people. For example, research has shown links between crime and poverty and poor educational outcomes. (Hay and Forrest). This can explain why offenders are more likely to be unemployed.

This suggests that Lombroso’s research does not meet modern scientific standards which reduces its validity.

Genetic Explanations for Crime

Twin Studies

Christiansen- studied 3500 twin pairs in denmark and found a concordance rate of 35% for monozygotic twins and 13% for dizygotic twins

This suggests that behaviour and underlying predisposed traits are inherited.

Adoption Studies

Crowe looked at the impact of nurture on children. Compared children who were adopted by non criminals parents who had biologically criminal parents and those who had biologiucally non-crimnal parents. Found that biology leads to a 50% increased risk of having a criminal record by age 18.

Outline research into candidate genes in biological explanations for crime.

Tilhonen- conducted a genetic anlysis of 800 offenders. Found abnormalities on two genes MAOA and CDH13.

The MAOA gene is responsible for mood rehgulation as it acts upon seratonin while CDH13 is responsible for impulse control.

Tilhonen found that 5-10% of violent crime in Finland is attributed to these candidate genes.

Explain the Diathesis Stress Model in relation to crime

A biological predisposition in an individual may be triggered by environmental factors. For example, criminal role models or a dysfunctional family environment, particularly neglect.

Neural Explanations for Crime

Evidence suggests neural differences between criminals and noncriminals, this includes research on APD (Anti-Social Personality Disorder). APD involves reduced emotional response, lack of empathy and impulsiveness.

Studies On Prefrontal Cortex

Raine reported several brain imaging studies showing reduced activity in the prefrontal cortex in people APD. Raine also found an 11% reduction in grey matter in the prefrontal cortex.

Outline Research into Mirror Neurons

Mirror neurons are active when we are learning a task. Mirror neurons also help us learn and experience empathy.

These are switched on by default.

Keysers, found that only criminals were asked to empathise did their empathy reaction activate.

People with APD only experience empathy as a concience control.

Research Support for Diathesis Stress Model

Medrick-conducted a study on 1300 adoptees. When neither biological or adoptive parents had no convictions the percentage of adoptees that did was 13.5%. this increased to 20% when one biological parent did and 25% when both sets of parents parents did.

This suggests that inheritance does play a part however, the role of the environment cannot be ignored as the statistic is highest when both adoptive and biological parents have criminal convictions.

Evaluation of Adoption and Twin Studies

Problems with Twin Studies

Twin studies assume equal environments-because the twins are raised together.

This could apply more to MZ twins than DZ twins as parents tend to treat them more similarily. This can impact each twin’s behaviour., Therefore, higher concordance rates are due to the twins sharing an environment and being treated the same rather than due to genetics.

Problems with Adoption Studies

Methodological issues-the separation of environmental and genetic factors is problermatic due to late adoptions. Later adoptions have experienced a significantly greater amount of time with their biological parents. This couples with adoptees often maintaining regular contact with their biological parents makes it tricky to assess the individual impact of environmental and genetic influences in crime.

For example, a biological parent in prison may still be a role model for their child.

This suggests that assessing the relative impact of nature and nurture may only be possible with early adoptions where contact with biological parents is limited. However, this often cannot be done ethically.

Evaluation of Neural Explanations for Crime

Brain Evidence

Research support for link between crime and frontal lobe

Kandel and Freed reviewed evidence of frontal lobe damage and antisocial behaviour. They found that impulsive behaviour, emotional instability and an inability to learn from mistakes where all factors that occured when frontal lobe damage had also occured. These factors were also risk factors for crime.

This supports the idea hat brain damage may be a causal factor in offending behaviour.

Intervening Variables

Other factors may conribute to APD and to offending

Farrington studied males who scored highly on psychopathy, he found that their were multiple risk factors involved in the development of psychopathy. These included, being raised by convicted parents and being physically neglected.

These experiences are traumatic which due to brain plasticity may affect the brain as it changes based on the environment.

Therefore, this relationship is complex and their are multiple other factors that may contribute to offender behaviour.

Explain how Neural Explanations for crime are biologically reudctionist (Evaluation Point)

Criminality is too complex to reduce to a genetic or neural level.

Lots of things such as poverty, emotional instability and social deprivation run in families. Therefore, it is difficult to disentangle all possible influences for crime.

Further Neural explanations for crime ignore these social aspects which is problematic as it causes the explanation for crime to be limited. The concordance rates in Twin studies are never 100% which also suggests that other environmental influences may be involved. For example, the diathesis stress model can be used to explain why these concordance rates are not 100%.

Therefore, the explanation is biologically reductionist as it does not take these external influences into account.

What does Eysenck’s theory for crime suggest?

Eysenck’s theory suggests that behaviour can be split into two dimensions. These are introversion-extroversion and Neuroticism-stability. Later a third dimension was added Psychoticism-socialibility.

These dimensions combine to form a variety of personality characteristics or traits

Biological Basis for Eysenck’s theory

-argues that personality types are innate

Extroverts have an under-active immune system which causes them to constantly seek stimulation and risk taking behaviour

In Neurotics, they have an overactive sympathetic nervous system, this causes them to gave a high level of reactivity.This means that they can be jumpy and overanxious which makes them unpredictable.

Psychotics have high levels of testosterone which cause them to be unemotional and prone to aggression.

Role of Socialisation in the Criminal Personality

Socialisation is the process of teaching children norms and values. This includes teaching them to be less selfish and delay gratification. However individuals with high levels of extroversion and neuroticism makes them harder to condition. They are less likely to learn from previous punishment eg. via anxiety responses or punishment from parents.

This makes them more prone to anti-social behaviour

How is the Criminal Personality Measured?

Eysenck conducted a self report questionaire, which was decided to measure participants along the E, N and P dimensions.

This allowed him to conduct research relating personality variables to other behaviours as well as make comparisons between people.

Evaluate Research Support of the Criminal Personality

There is evidence to support the criminal personality

Eysenck and Eyesenck compared 2017 make prisoners on the EPQ scale with 2422 male controls. Across all age groups sampled, prisoners recorded higher scores in terms of E,N,P than the controls.

Therefore, this agrees with the prediction that offender scores rate higher than average across all 3 dimensions.

Counter:

Meta-analysis by Harrington reported that offenders tended to score higher on P dimension but not E or N.

Further, EEGs have provided inconsistent evidence of differences between extroverts and introverts, which casts doubt on the physiological basis of the dimensions identified in the theory.

Therefore, this challenges the notion that high levels in the 3 dimensions are unique to a criminal personality.

Limitations of Eysenck’s Theory

Cultural Factors

Cultural factors not taken into account

Bartol and Holanchok studied Hispanic and African-American offenders. There were 6 groups based on offences and offending history, all 6 groups scored lower on the E than non-offender controls.

This suggests that this was due the fact that the sample was culturally different from Eysenck’s sample . Eysenck failed to take these differences into account and therefore the research may be culturally relative. This affects its generalisability as the research is unable to be applied to any other culture apart from the one it was derived from.

Too Simplistic

The idea that all offending behaviour can be explained by one personality type is too simplistic.

Moffitt distinguished between individuals whose crime was-limited and life-course (Habitual Offenders). It was found that personality traits alone were a poor predictor of how long offending would occur for.

Moffitt suggested that persistence of offending was a combination between personality and environmental reactions to those personality traits.

This presents a more complex picture of crime based on interactions which suggests taking a more holistic approach may be more beneficial in understanding criminality.

What are cognitive explanations for crime?

Cognitive explanations look at the origins of offending in the mind of an individual

Kohlberg’s Theory

-Criminals have a lower sense of moral reasoning. -Crime is related to judgements of right and wrong

What is Moral Reasoning?

The process by which an individual draws upon their own value system to determine if something is right or wrong.

What are Levels of Moral Development?

Kohlberg suggests that there are stages of moral development. Criminals often think in the first stage known as pre-conventional moral reasoning. This is where they will commit crime because they know they can get away with it or for personal gain such as a financial reward.

The higher the stage, the more sophisticated the reasoning.

Kohlberg found that a study on a group of violent youths revealed they had significantly lower moral development, even after social background was controlled.

Link between moral development and crime

Higher levels are associated with sympathising with others, honesty and generosity.

Criminals will have less mature and childlike reasoning such as only doing the right thing due to fear of punishment.

Hostile Attribution Bias

refers to bias that criminals have where they often perceive neutral or ambiguous faces as hostile and aggressive.

Schonenberg and Justye-found that 55 violent offenders were more likely to perceive an emotionally ambiguous face as angry and hostile than a control group.

Minimisation

Type of deception that involves downplaying the significance of an event or emotion. This is a common strategy when dealing with feelings of guilt.

Bandura- found that criminals were more likely to downplay the seriousness of offences giving them a euphemistic label. Sexual offenders were found to be particularly prone to minimisation. 94% of rapists were found to use strategies such as denial or minimisation.

Strengths for Cognitive Explanations for Crime

Research Support

Palmer and Hollin-Studied moral reasoning in 332 male and female non-offenders and 126 convicted offenders using the SRM-SF

They found that the offender group showed less mature moral reasoning than the non-offender group.

This shows evidence for the link between the levels of moral reasoning and crime.

Real World Application

Cognitive explanations have real world application in that they can be applied to therapy. CBT aims to challenge irrational thinking. Offenders are encouraged to face up to what they have done and establish a less distorted view of their actions.

-Harkins- argued this would reduce incidence of denial and minimisation which would improve rehabilitation programmes.

Limitations of Cognitive Explanations

-Depends on type of Crime

Thorton and Reid- found that crimes for financial gain were related to pre-conventional moral reasoning whereas impulsive crimes were not.

Pre-conventional moral reasoning tend to be associated with crimes in which offenders believe they have a good chance of getting away with it.

This suggests that distortions are not used in the same way by all offenders. For example, Howitt and Sheldon found that non-contact sex offenders used more cognitive distortions than contact sex offenders.

This suggests that cognitive explanations lack universality.

Proximal Explanations

Cognitive explanations do not say why criminals operate at a lower reasoning level. The theory is more descriptive rather than explaining the causes for the behaviour.

This means that behaviour is harder to predict which means that preventative measures cannot be undertaken.

What is Differential Association Theory?

-Social learning theory of crime by Edwin Sutherland

-Suggests that offending is learned through associations formed with the people around us. Individuals learn the values, attitudes and motives for criminal behaviour through interactions with significant others who we value in our life. eg. friends and family

Scientific basis of Differential Association Theory

The liklihood of offending depends on the frequency, priority, duration and intensity of exposure to pro-criminal influences.

Role of Socialisation in Differential Association Theory

-Occurs through two factors: Learned attitudes and learning techniques.

Learned attitudes- Socialisation into a group leads to being exposed to pro-criminal or anti-criminal attitudes. If pro-criminal attitudes outweigh anti-criminal attitudes then offending will occur.

Learning techniques-Offenders will also learn specific techniques such as how to steal a car or fight. These are often passed down in the group such as through families.

Role of Socialisation In Prisons

-Differential Association Theory can offer explanation for high re-offending rates. The attitude in prisons is likely to be pro-crime and inmates can learn specific techniques from others through observational learning, imitation and direct tuition.

NOTE: This point can also be an evaluation point

Strength and Counterpoint for Differential Association Theory

Shift in Focus

-Sutherland was successful in moving the emphasis a\way from biological accounts of offending, such as Lombroso’s atavistic form theory.

Theory also draws attention to the fact that deviant social circumstances and environments may be more to blame for offending than deviant people.

This approach was more desirable because it offers a realistic solution to the problem of offending instead of biological or punishment.

Counter

There is a risk of stereotyping individuals from an impoverished, crime ridden background as ‘unavoiodable’ offenders. While Sutherland pointed out that offending should be considered on an individual basis the theory suggests that exposure to pro-crime values is sufficient to produce offender behaviour.

This ignores people that choose not to offend despite these influences.

Strength of Differential Association Theory

Wider Reach

Theory can account for offending within all sectors of society. Sutherland recognised that some types of offences such as burglary may be clustered in inner city working class communities.

It is also the case that ‘white collar’ or corporate crime is featured in middle class communities who share the same norms and values.

This shows that it is not just the lower classes who commit offences and that the principles of differential association can be used to explain all offences.

Limitation of Differential Association Theory

Difficulty Testing

Sutherland aimed to provide scientific, mathematical framework within which future offending behaviour could be predicted.

However, many of the concepts are not testable or quantifiable as they are not operationalised. EG. It is difficult to test for exposure to pro-crime values.

The theory is built on the assumption that offending will occur when pro-crime values outweigh anti-crime values. Without being able to meaningfully measure these, we cannot know at what point the urge to defend is realised.

Therefore, this undermines the theories scientific credibility and suggests its lacks ecological validity.

Psychodynamic Explanations for Crime

All Psychodynamic explanations originate from Sigmund Freud, these principles have attempted to be applied to offending.

-Blackburn’s inadequate Superego

-Bowlby’s theory of maternal deprivation

These explanations stick to the theory that the root of behaviour is formed in childhood.

The Inadequate Superego

Three explanations for crime that revolve around concept of an inadequate or deficient superego.

Weak Superego- Absence of the same sex parent, there is no opportunity for identification which makes immorality more likely. The reward from the ID will be greater than the punishment from the superego.

Deviant Superego-The child may internalise deviant values from their parent. This means that both the ID and Superego will reward them for deviant behaviour which makes criminality more likely.

Over-Harsh Superego- Superego is based on identification with authoritative and strict parent. This created an unconcious drive for offending as the individual will commit crimes to satisfy the need for punishment. The punishment from the superego replaces the punishment from the parent.

Theory of Maternal Deprivation-Crime

Bowlby argued that the ability to form meaningful relationships in adulthood was dependent upon the child forming a loving attachment with a mother figure. Failure to establish the bond can result in damaging an irreversible consequences.

44 Thieves Study- 32% children who were thieves were affectionless psychopaths of which 86% had experienced early separation. In the control group, none were affectionless psychopaths.

(Don’t need in outline if using role of emotion)

Role of Emotion in Psychodynamic Approach

An inadequate superego results in primitive emotional demands to take control and guide behaviour.

Theory acknowledges role of guilt and anxiety and the lack thereof.

Research Support and Counterpoint for Psychodynamic Apporoach

Link between offending and superego

Goreta-conducted an analysis of 10 offenders and found they had disturbances in the superego. Each offender experienced unconcious feelings of guilt and the need for self-punishment.

This was a consequence of an overly harsh superego- the need for punishment manifests itself as a desire to commit acts of wrongdoing.

This supports the role of of psychic conflicts and an over harsh superego as a basis for offending.

Counter:

Central principles of an inadequate superego are not supported.

-if the theory were correct we would expect harsh punitive parents to raise children who constantly experience feelings of guilt and anxiety.

However, evidence suggests that the opposite is true. Harsh parenting tends to result in children who are rebellious and rarely expressed feelings of guilt or self-criticism (Kochanska).

Gender Bias in the Psychodynamic Explanation

The assumption within the theory is that girls develop a weaker superego than boys. As girls don’t experience castration anxiety this results in a weaker superego and therefore makes them more likely to commit immoral acts.

However, prison rates do not support this has there are 20x more men in prisons that women.

Hoffman- females are slightly more able to resist temptation and are more moral than males.

This suggests that Freud’s assumption may be based on belief rather than empirical evidence. Therefore, if alpha bias is at the heart of the theory it suggests it may not be an appropriate explanation for offending behaviour.

Limitation of Bowlby’s theory of Maternal Deprivation

Lewis-analysed data drawn from interviews with 500 young people and found that maternal deprivation was a poor predictor of future offending and the ability to form close relationships in adolescence.

Even if there is a link between the two this doesn’t make it a causal link as there may be other reasons such as growing up in poverty which usually accompanies maternal deprivation.

Therefore, while maternal deprivation may be one of the reasons for later offending behaviour, it is not the only reason.

Development of the Top-Down Approach

-developed by the FBI through interviews with 36 killers.

-Data could be split into two categories, organised and disorganised offender.

-This is a typology approach to offender profiling

Describe the Organised Offender

-High levels of control and intelligence which means that crimes are often planned and there is no DNA evidence left at the crime scene.

-Individuals are socially competent which means they may have professional employment and have a partner and possible have kids.

-Likely to have a type which they target.

Describe the Disorganised Offender

-below average intelligence, this is reflected in leaving evidence at the crime scene.

-Crimes are often impulsive and individuals will have little control.

-They may live alone and have unskilled work/employment.

Describe the stages of constructing an FBI Profile

-Data assimilation, reviewing evidence

-Crime scene classification

-Crime reconstruction, hypothesis in terms of sequence, events, behaviour of victim ans suspect.

-Profile generation, a hypothesis relating to the likely offender

Strength and Counter of Top-Down Approach

-Support for a distinct organised category of offender

-Canter, analysed 100 US murders using smallest space analysis. This is a statistic method that identifies behavioural correlation.

-The study examined 39 aspects of killing such as, torture, body concealment and murder weapon.

Results revealed features that align with FBI’s organised offender typology, this suggests that the approach has some validity.

Categories may not be mutually exclusive

Godwin- it is difficult to classify killers as one or the other type. Both the organised and disorganised categories have multiple constrasting characteristics. eg, high intelligence but committed spontaneous murder.

This suggests that the top-down approach may be reductionist as it does not account for the complexities of human behaviour.

This could mean that typology is more of a continuum than one or the other.

Top-Down approach strength-Applied to other Crimes

Meketa-reported that the top-down approach had been recently applied to burglary. 85% increase in solved cases.

The organised and disorganised categories remain and the interpersonal and opportunistic categories were added.

This suggests that the approach has wider application than originally assumed which increases its validity.

Flawed Evidence for Top-Down Approach

The approach was based on interviews with 36 killers. This is an unrepresentative sample as the majority of prisoners are not serial killers. Further as there were no standardised questions or control group, this made comparison impossible.

These factors reduce the validity of the approach.

The interviews also involved self report, criminals are more likely to lie as they have an incentive to be deceitful. This means that approach may be based on inaccurate evidence.

What is the Bottom-Up Approach?

Aim of the bottom-up approach is to generate a picture of the offender that does not use fixed typologies. There are two branches, investigative psychology and geographic profiling.

Investigative Psychology-Bottom-up Approach

Attempt to apply statistical procedures and psychological theory to the analysis of crime scenes. The aim is to establish patterns of behaviour that are likely to occur across crime scenes.

Interpersonal Coherence

-The way the offender behaves at the scene/ with victim is the same with other people in their lives. (Dwyer- types of rapists)

Time and Place Significance

Location could be significant to offender, possibly indicating where they live or work.

Forensic Awareness

Behaviour could indicate they have been involved with police in the past. How crime has been committed suggests aspects about other offenders characteristics.

Criminal Career- How offenders may differ due to experience

Geographical Profiling

-Uses information from location of crime to make inferences about a likely base of offender.

This assumes locations are not random, a sense of spatial consistency meaning offenders will stick to a certain area, a centre of gravity becomes clear.

Least Effort Principle (Geographical Profiling)

Multiple equal potential locations to commit the crime, offender more likely to choose the one closest to home base

Distance Decay (Geographical Profiling)

The number of crimes will decrease the further away from the offenders base. However, there is a buffer zone immediately around the base to avoid detection.

Circle Theory (Geographical Profiling)

Canter and Larkin, offenders operate according to limited spatial mindset crimes radiate out from their home base, creating a circle.

Catagorising offenders geographically

Marauder- operates in close proximity to home base

Commuter-Travelled a distance from their usual residence

How does spatial decision-making help the investigative team?

Offers the investigative team important insight into nature of offence. eg. if it was planned or opportunistic

Reveal important factors about offender:

Mode of Transport, Employment status, approximate age ect.

Evidence for Investigative Psychology

-Supportive Evidence

Canter and Heritage- conducted analysis of 66 sexual assault cases. The data was examined using smallest space analysis

- several behaviours were identified as common in different samples of behaviour, such as use of impersonal language and lack of reaction to the victim.

-Each individual displayed a characteristic pattern of such behaviours and this can help establish whether two or ore offences were committed by the same person.

This supports one of the basic principles of investigative psychology, that people are consistent in their behaviour.

Evaluate Geographical Profiling

Research Support

Lundrigan and Canter-Collected information on 120 murder cases involving serial killers in the US. Smallest space analysis revealed spatial consistency in the behaviour of the killers. (Base located at centre of pattern,especially with marauders).

Location of each body disposal site create centre of gravity- offenders start from their home base, they go in different directions each time to dump the body which creates a circular effect.

Insufficient Information

Success of geographical information may be reliant on quality of data the police can collect.

Recording of crime not always accurate, vary between police forces, 75% crimes are not reported to the police. This casts doubt on an approach that relies on geographical data.

Critics also claim that other factors are just as important in creating a profile. eg. timing, age and experience of offender (Ainsworth)

Limitation of Bottom-Up Approach

Mixed Results

Success rates for profiling and police forces that have used technique suggest that what profiling cant do is identify an offender.

Profiling can be used as a tool for narrowing down possibilities but there is a danger for sticking too closely to the profile.

For Example, Rachel Nichel was stabbed 47 times and sexually assaulted, profile led to the wrong man being arrested.

Offender profile can be helpful but must be used with great caution.

Aims of Custodial Sentencing

-Deterrence

Idea that an unpleasant prison experience will put people off from engaging in offender behaviour. This can be general deterrence for society and individual deterrence for someone who has already been in prison.

-Incapacitation

Offender is taken pout of society to protect the public. The need for protection depends on the severity of the crime.

-Rehabilitation

Prisons should provide offenders with the opportunity to prepare for the outside world. This aims to address underlying issues such as addiction, lack of skills and anger management.

-Retribution

Society acts in revenge by making the offender suffer. The punishment is proportional to the crime committed.

Psychological effects of Custodial Sentencing (Mental-Health)

Stress and Depression- Suicide rates are 9 times higher in prison than general population. Abramson- depression is mainly caused by feelings of helplessness and hopelessness.

Abramson also argues that stress increases the risk of developing a psychological disorder.

Psychological effects of Custodial Sentencing (Prisonisation)

Prisonisation refers to inmates internalising prison norms and values. Behaviour considered unacceptable on the outside is rewarded in prison. Prisoners are socialised into adopting an ‘inmate code’ which is implicated in high reoffending rates.

Psychological effects of Custodial Sentencing (Institutionalisation)

Inmates can become too accustomed to prison norms that they are no longer able to function on the outside.

The strict regime in prisons can cause individuals to feel overwhelmed by decision making and taking responsibility for day to day tasks once they are released.

Issue of Recidivism

Recidivism refers to reoffending. In the UK reoffending rates are as high as 45% (Yukhenko). These rates vary with time period after release, age and type of offender.

However, in Norway reoffending rates are as low as 20%, this is thought to be because they place less emphasis on incarceration and focus on rehabilitation.

Evaluate Psychological Effects into Custodial Sentencing

Research Support for Negative effects

Bartol-For many offenders imprisonment can be brutal, demeaning and generally devastating.

In 2016 119 people committed suicide in prison, this was a 32% increase from the previous year. The greatest risk are single young men in the first 24 hours of imprisonment.

The prison reform trust found that 25% of women and 15% of men report symptoms of psychosis.

This supports the idea that oppressive regimes in prisons may be dertrimental to psycholgical health which could impact on rehabilitation.

Confounding Variables

However, figures in the prison reform trust do not include symptoms of psychosis before the inmates were incarcerated.

Many convicts may have pre-existing psychological and emotional difficulties which could explain offending behaviour in the first place.

Irwin and Cressey- the importation model argues that prisoners may bring some of their psychological problems with them.

We don’t know if the prison regime or something else such as trauma of being locked away is what causes issues.

This suggests that there may be confounding variables that influence the link between prison and its psychological effects.

Research Support (Rehabilitative Effects)

One of the main purposes of custodial sentencing is rehabilitation to inmates to help them become better people.

Research has found that many inmates access education while in prison, this increases the chance of finding employment upon release.

Shirley- offenders who take part in college programmes are 43% less likely to re-offend after release.

Institutions that offer such programmes also report fewer instances of violence.

Therefore, prison may be a worthwhile experience assuming that inmates have access to these programmes.

Limitation of Custodial Sentencing

Schools of Crime

Offenders may learn to become better offenders. prisoners may

Prisoners may learn new techniques for being better criminals. Long term inmates may teach younger less experienced offenders this also means that young offenders will gain criminal contacts.

This form of education could undermine attempts to rehabilitate prisoners and may make offending more likely.

Alternatives to Custodial Sentencing

Cost of prison care and problems that come with it may mean alternatives such as probation, community service and anti-social behavioural orders may be better. Evidence suggests that cautions are more effective deterrents than arrests (Klein). Further, offenders given rehabilitation rather than a prison sentence are less likely to re-offend.

Non-Custodial sentencing would also help to avoid some of the psychological problems that can come as a result of incarceration.

This suggests that these forms of dealing with offenders may be more cost-effective and efficient in the long run.

What is Restorative Justice?

A system for dealing with offender behaviour where the focus is on rehabilitation rather than retribution. The idea is that offenders meet with their victims and see the impact of their crime.

What is meant by changing the emphasis in Restorative Justice?

Restorative Justice programmes focus on needs of the individual(closure,understanding) rather than need of the state. Treating the criminal in this way allows for a healing process to begin while aiding the survivor of the crime in their recovery.

Key features of Restorative Justice

-Mediator in the room

-voluntary attendance

-face to face

-active involvement

-focus on positive outcomes.

Restorative justice can occur pre-trial and alongside or instead of prison. It can also be an incentive to reduce sentencing.

Restorative Justice Council

An independent body whose role is too establish clear standards for the use of restorative practice. The council advocates for the use of restorative practice beyond dealing with crime eg. in schools, children’s services and workplaces to prevent and manage conflict.

Strengths of Restorative Justice

Research Support

Shapland- reported results of seven year research project and found 85% of survivors reported satisfaction with the process of meeting their offender face to face.

78% would recommend it to other people dealing with the same thing. 60% of survivors felt that the process had made them feel better about the incident and gain closure.

Only 2% said it made them feel worse.

This suggests that restorative justice achieves some of its aims, helping survivors of violent crime cope with the aftermath of the incident.

Long Term Effects

Restorative justice seems to lead to decrease in rates of reoffending.

Strand- meta-analysis of 10 studies compared offendersa who experienced face to face restorative justice with offenders who had not experience it at all.

The restorative justice group was found to be less likely to reoffend. This reduction was larger in offenders convicted of violent crime.

Bain- review of 24 published studies and found lower recidivism rates especially when using one to one contact.

Limitations of Restorative Justice

Contradictory research

Wood and Suzuki- argue that restorative processes are not as survivor focused as often reported. Restorative processes can often become distorted, such as when survivors of crime are being used as a way of helping rehabilitate offenders, rather than being helped themselves.

This suggests that the needs of the survivor may be seen as secondary to the need to rehabilitate offenders.

Abusing the System

Success of RJ programmes may rely on offenders intentions being honourable. Process needs offenders to take part due to a genuine want to make amends and they regret the hurt caused.

Further, Van Gijseghem suggests that offenders may use restorative justice for all kinds of reasons eg. avoiding punishment, playing down faults and they may even take pride in their relationship with the offender.

Therefore, this explains why not all offenders ultimately benefit from restorative justice and go on to re-offend.

Domestic Violence

The National Police Council policy does not support the use of restorative justice in cases of domestic violence.

Liebman-argues that main concern is that the power imbalance between abuser and abused places pressure on survivors. Due to this they may fear the worst if they do not go along with their partner or ex-partners wishes during mediation.

However, others argue that pre-trial mediation in domestic violence cases produces a positive result for survivors. (Lunnemann and Wolthius).

Sen- suggests hat restorative processes are particularly useful in cases of intimate partner violence where a couple has chosen to stay together as it allows them to address pain caused and make a plan for the future.

Therefore, it is unclear whether restorative justice is appropriate for all crimes, specifically domestic violence. This means that further research may be needed.

Aims of Anger Management

Anger management is based on cognitive and behavioural principles. It focuses on cognitive factors that could influence offending behaviour behaviour and can be administered outside of the prison as well as inside.

It identifies signs that trigger anger and introduces learning techniques to calm down and dealing with the situation is a positive way.

Rationale behind using Cognitive Behavioural Therapy

Novaco- suggests that cognitive factors trigger emotional arousal that often leads to aggressive acts.

Anger comes quicker in some people than others, particularly when the situation is perceived as threatening.

Becoming angry is reinforced by feelings of control

-Cognitive Behavioural Therapy teaches offenders to recognise cognitive factors that trigger anger and loss of control.

-Development of techniques for violence free conflict resolution.

First Stage of Anger Management

Cognitive Preparation

-Offenders required to reflect on past experiences and consider the typical pattern of their anger.

-Identify situations that act as triggers and identify whether or not their interpretation is irrational, the therapist helps with this.

-The therapist then attempts to break the autonomic response

Second Stage of Anger Management

Skills Acquisition

Offenders are introduced to a range of techniques and skills to deal with anger provoking situations more rationally and effectively.

Cognitive-Positive Self Talk

Behavioural- assertiveness training, learning how to communicate more effectively.

Physiological-relaxation and meditation can teach offenders how to control their anger rather than be controlled.

Third Stage of Anger Management

Application Practice

Offenders given opportunity to practice practical skills in controlled environment. This includes role play where the offenders re-enact scenarios that may have led to anger in the past.

Positive reinforcement is given for dealing with situation correctly

This requires commitment from the offender and certain bravery from the therapist.

Research Support for Anger Management

Keen- Young offenders 17-21 took part in anger management programmes. 8 two hour sessions were given which was in line with the anger management procedure.

While there were some initial problems, there was a general positive outcome. The offenders had increased awareness of anger difficulties and increased capacity to exercise control.

Evaluate the use of Anger Management

Benefits better than Behaviour Modification

Anger management tries to tackle one of the causes for offending i.e the cognitive processes that trigger anger.

Alternative treatments such as behaviour modification deal only with surface behaviour and not the processes that drive this behaviour. The experience of anger management may give offenders new insight into the cause of criminality and allow them to self discover ways of managing themselves outside the prison setting.

This suggests that anger management is more likely than behavioural modification to lead to permanent behavioural change.

Contradictory Evidence

Follow up studies do not support this assumption, Blackburn points out that whilst anger management may have a noticeable effect on the conduct of offenders in the short term, there is very little evidence that it reduces recidivism in the long term.

This may be because the application par of the treatment relies on role-play which might not properly reflect all possible triggers that are present in a real world situation.

Any progress made in therapy could count for little in a busy city environment.

This suggests that anger management may not reduce offending.

Limitations of Anger Management

Individual Differences

-Success may depend on individual factors

• Howells- participation in anger management group had little overall impact when compared to a control group who received no treatment.

However, this was not true for all offenders, some progress was seen if they showed intense anger., Offenders who were motivated to improve also did better.

This suggests that the success of anger management may depend on the motivation of the individual and the level of anger they express, meaning it cannot be equally applies to all offenders.

Expensive

Expensive to run as they require highly trained specialists when dealing with violent offenders. Prisons may not have the resources to fund such programmes.

The success of the programme is based on the commitment of those who participate, this may be a problem if prisons are uncooperative.

Anger and Offending

There is a causal relationship between anger and offending. Anger is assumed to be an important antecedent to offending as it produces the emotional state necessary to commit crime.

Loza and Loza - No difference in levels of anger between violent and non-violent offenders. This suggests that anger programmes may be misguided as they provide offenders with justification for their crimes.

-This produces the question is anger management relevant to reducing offending. Howells suggests that anger is not sufficient or necessary for aggression or violent crime.

Introduction to Behaviour Modification

-Based on the behaviourist principle that all human behaviour is learnt. this means that it can be possible to unlearn behaviour.

Behaviour modification programmes are designed with the aim of reinforcing obedient behaviour in offenders, whilst punishing disobedience.

How do token economy systems work?

-Based on operant conditioning

-Prisoners given a token for desirable behaviour such as using polite language and keeping cell tidy.

-Prisoners can then exchange tokens for tangible rewards such as an extra portion of food.

-Desirable behaviour is made clear to the prisoner before the program is implemented

-Non-Compliance may result in tokens being witheld or removed.

Explain the design of Token Economy Systems

-Operationalise target behaviours, units of behaviour should be measurable and objective and agreed by all parties in advance.

-Staff and prisoners are made aware of behaviours hierarchy. ie. some behaviours get more tokens than others

-Gendreu, said that positive reinforcement should outweigh punishment 4:1.

-Ensure training procedures for staff are standardised.

Strengths of Token Economy Systems

Research Support

Hobbs and Holt- introduced token economy programme with groups of young offenders across 3 behavioural units and one control. They found a significant difference in positive behaviour in the token economy groups compared to the control.

Field- Found token economy systems used with young offenders were generally effective, although there were still a number of young people who did not respond.

Later these youths were placed on a special programme where the rewards were immediate and more frequent which led to more positive results.

Easy to Implement

TES straightforward to set up and run, there is no need for specialist professionals to be involved as in other forms of treatment.

Token economy systems can be designed and implemented by virtually anyone in the institution, it is cost effective and easy to follow once systems have been established.

This suggests that behaviour modification techniques can be established in most prisons and accessed by most prisoners.

Limitations of Token Economy Systems

Success of systems depends on consistent approach from prison staff.

Bassett and Blanchard found that benefits were lost if staff applied techniques inconsistently. According to researchers this happens frequently due to factors such as inappropriate staff training or high staff turnover, as is the case in the UK. This can cause prisoners to start blaming individuals for not getting rewards rather than their own behaviour.

Research suggests that behaviour modification systems can work well but will only do so if full and consistent staff training is implemented.

Little Rehabilitative Value

Behaviour modification may not affect long term behaviour. Blackburn- any positive changes would be quickly lost when prisoners are released. TES do not require offenders to understand cause of their offending and it does not deal with their character.

This means that it is easy for offenders to fake behaviour and play along with the system which would explain high reoffending rates.

Ethical Issues

Critics have described behaviour modification as manipulative and dehumanising (Moya and Achtenberg)

Participation is obligatory, not optional and some human rights campaigns have argued that withdrawal of certain privileges such as contact with loved ones is unethical.

This poses the question whether benefits of the system such as decreased conflict and easier management of the prisoners outweigh the ethical problems associated with it. The system gives more power to prison staff which may lead to rights being restricted and unethical use of power.