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Key studies and theories/ models
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Moffitt’s taxonomy
distinguishes LCP offenders from AL offenders
LCP offenders
antisocial behaviour in childhood, which persists for life due to neuropsychological and environmental factors
LCP offender crimes
make up a small percentage of offenders but commit the more significant crimes
AL offender crimes
crimes are not deep-seated and only short-term, temporary and situational
Canter’s circle theory
offenders are usually either ‘marauders’ or ‘commuters’ and this informs predictable spatial patterns of crime
marauders - circle theory
offend near home
commuters - circle theory
travel elsewhere to offend
barnum effect
profiles often seem accurate because they use vague, general statements that fit many people
4 step profiling process
data assimilation
classification
reconstruction
profile generation
data assimilation in profiling process
gather background info and evidence
classification in profiling process
organise the data in type of crime etc.
reconstruction in profiling process
hypothesise how the crime unfolded
profile generation in profiling process
infer likely characteristics of offender
modus operandi
a criminal’s characteristic pattern/ method of committing an offence
geographical profiling
analyses spatial crime patterns to infer an offender’s likely base of operations
VICAP (violent criminal apprehension program)
a system for classifying crimes based on modus operandi, signature behaviours and motivations
signature behaviours in crime
the psychological/ emotional aspect of the crime that reflects the offender’s personal needs/ fantasies
YJCEA act 1999
ensures vulnerable of intimidated victims and witnesses can give their best evidence in criminal proceedings by providing a range of ‘special measures’
4 examples of special measures
screens
live-links
intermediary
removal of wigs
intermediary - special measure
a communication specialist who translates, rephrases and facilitates understanding between the witness and court
finklehor’s precondition model
outlines 4 steps offenders must overcome for child sexual abuse to occur
4 precondition steps finklehor
motivation
inhibitors
opportunity
child resistance
motivation - child sexual abuse
sexual interest in a child
inhibitors - child sexual abuse
neutralisation of guilt/ fear through justification and denial
opportunity - child sexual abuse
gain access to a child and bypass supervision/ exploit trust
child resistance - child sexual abuse
grooming, coercion/ manipulation to ensure compliance
reid technique
a confrontational, guilt presumptive interrogation method that increases the risk of false confessions
aichorn psychodynamics theory
crime arises from unconscious conflicts and weak ego control, leading to impulsive and antisocial behaviour
bandura behavioural theory
crime is learned through observation, imitation and reinforcement
Cognitive developmental theory of crime
offenders have immature moral reasoning, cognitive distortions and poor perspective-taking
personality theory of crime
impulsivity and hostile attribution bias predispose individuals to offend
SES theory of crime
structural disadvantage increases crime via limited opportunities and strain
therapeutic jurisprudence
study of how law and legal processes affect psychological well-being and aim to design and apply them in ways that promote mental health positive outcomes
Cattel - confidence /= accuracy
people have confidence in EWT but are often wrong in recall, so confidence is not a reliable indicator
Stern staged revolver incident ( stress- induced memory impairment)
ppts recalled fewer correct details under stress
Screnck- notzing PTP effects
media coverage contaminates witness recall
psychopathy
callous-unemotional personality subtype of ASPD
CU (callous-unemotional) traits
reduced empathy, guilt and emotional expression
ASPD
long-term pattern of manipulating, exploiting or violating the rights of others, often without remorse
4 links to psychopathy
strong links to crime and recidivism
poor parenting and child maltreatment
limbic/ amygdala dysfunction
emotional deficits and difficulty recognising emotions
Farringdon maltreatment and psychopathy
found childhood abuse increases risk for psychopathic traits, emphasising environmental contributions to antisocial development
birmingham 90% prisoners MH
high prevalence of disorders suggests sytemic failure rather than mental illness directly causing crime
peterson et al 4% psychosis in crime
only a small proportion of criminal behaviour is directly attributable to psychosis, there are mediating factors
leistico et al psychopathy predicts recividism
meta-analysis shows psychopathy strongly predicts reoffending, highlights it as a key criminogenic risk factor
doherty live-link vs ftf
found no major reduction in evidence quality via live-link testimony
applegate live-link reduction of distress
showed live-link testimony lessens emotional strain on vulnerable witnesses and improves participation
ellison special measures impact
while they increase inclusivity, the wider confines of the system limit tailoring solutions for vulnerable individuals
punitive incarceration
system of imprisonment focused on punishment for crimes rather than rehabiliation or restorative justice
retribution
punishment proportionate to harm caused by the offence
neurorehabilitation
set of measures to assist individuals with complex neurological conditions affecting the brain/ spinal cord
CHAT framework
structured framework used to evaluate an individual’s physical, mental, and social health needs to guide care planning and improve health outcomes within those specific environments
competence to stand trial
mental capacity at time of the trial
criminal responsibility
mental state at the time of the offence
McNaughten rule
states a defendant us legally insane if, due to a defect of reason from a disease of the mind, they did not know the nature and quality of their act or did not know what they were doing was wrong
barkley emotional regulation and aggression
deficits in emotional regulation and impulse control underlie risk-taking and aggression
4
causes of deficits in emotional regulation and impulse control
prefrontal cortex dysfunction
ACE and trauma
inconsistent parenting
neurotransmitter imbalances
candidacy theory dixon-woods et al
explains how access to health/ support services depends on 3 factors
3 factors influencing access to health/ support services - candidacy theory
system negotiation
system permeability
perceived deservingness
how might neurodevelopmental conditions relate to CJS involvement
impaired EFS and social judgement increase vulnerability to CJS when unsupported
60% TBI in young offenders
shows TBI is vastly overrepresented in offenders and suggests neuropsychological vulnerabilities contribute
30% ADHD in youth custody
several times more common than the community so highlights failures in diagnosis and support
CHAT assessment
structured health screening in custody to identify unmet clinical and developmental needs
MacCAT-CA competence tool
assesses a defendant’s competence to stand trial by measuring understanding, reasoning, and appreciation of legal proceedings through structured interview questions
loftus and palmer misinformation effect
post-event info such as leading q’s can distort eyewtiness recall - proves memory is reconstructive
fawcett et al weapons focus effect
confirmed attention narrows to weapons during threar, reducing peripheral detaill in memory and overwhelms cognitive resource
cognitive interview
a structured, psychology-based interviewing method designed to maximise accurate recall through context reinstatement and open q’s
context reinstatement
mental recreation of original environment to aid memory recall
bartlett reconstructive memory
memories are rebuilt rather than replayed, making them vulnerable to schhemas, expectations and repeated questioning
tuckey and brewer schema distortion in witnesses
showed witnesses fill memory gaps with schema-consistent info, illustrating reconstructive memory
wells et al EWT and DNA exoneration cases
found EWT misidenitifcation was present in the majority of these cases
tulving and thompson encoding specificity
recall is improved when retrieval context matches encoding context
retroactive interference
new info replaces old
proactive interference
old memories distort new recall
yerkes-dodson law of encoding in memory
optimal performance occurs at moderate arousal, and too low/ high impairs it
easterbrook hypothesis
emotional arousal narrows attention to central details while reducing memory for peripheral details
2 aspects impacting memory encoding
intoxication (impairs)
exposure (improves accuracy and detail)
4 things a cognitive interview uses to maximise accurate retrieval
free recall
context reinstatement
change order
focused recall
hippocampus role in memory
episodic encoding
amygdala role in memory
emotional tagging of memories
sleeps role in memory
consolidation
cognitive distortions and sexual harm
beliefs such as rape myths/ entitlement schemas justify offending and distort perceptions of harm/ consent
marshall and barbaree integrated theory
sexual offending arises from biological predispositions interacting with developmental experiences and situational factors, leading to poor self-regulation
burt rape myth acceptance
endorsement of false beliefs that justify sexual aggression and blame victims, reducing perceived responsibility of offenders
goodman delahunty and graham jury decisions and rape myths
rape myths impact decisions to prosecute based on victim credibility and offender guilt, sometimes blaming the victims and excusing the offenders
gottfredson and hirschi general theory of crime
distinguishes generalist vs specialist offenders based on motivation to commit a crime
general theory - generalist offender
commit a wide range of crimes and is driven by low self-control
general theory - specialist offenders
crime-specific motivation
rapist vs child sexual offenders (generalist vs specialist)
generalist = rapist (88% involved in other crimes)
specialist = child sex offenders (40% involved in other crimes)
thornhill and palmer evolutionary theory of sexual harm
suggests that rape can be understood as an adaptive strategy for reproductive success
4 step conditions to sexual offending - marshall and barbaree integrated theory
early vulnerabilities
emotional/ cognitive dysregulation
distorted sexual scripts
situational stressors = OFFENDING BEHAVIOUR
infantophiles
under 5
paedophiles
pre-pubescent
hebephiles
post-pubescent but under 18
PEACE model
a non-coercive, investigative interviewing model focused on gathering accurate information ethically
3 types of false confession
voluntary
coerced-compliant
coerced-internalised
coerced-compliant confession
confess to escape stress and have short-term benefits
coerced-internalised confession
false guilt due to pressure and misinformation, they come to believe they did it
kassin - false confessions and jury weight
demonstrated that juries heavily favour confession evidence even when it is coerced
hilgendorff and irving - suspect decision making
proposed suspects weigh ST relief with LT consequences
gudjonsson - compliant confession
showed some individuals confess to escape pressure due to high suggestibility or compliant tendencies