Forensics notes

UK Constitutional Monarchy and Legal Proceedings

  • Legal proceedings are conducted in the name of the monarch, referred to as "the Crown."
  • Crown Prosecution Service (CPS) prosecutes cases on behalf of the state.
  • Ministry of Justice (established 2007) is responsible for courts, prisons, probation, and constitutional matters.
  • Home Office manages police and national security matters.

Prosecution Decisions

  • Based on two tests:
    • Realistic Prospect of Success: Is there a strong likelihood of winning the case?
    • Public Interest: Is it in the public interest to pursue the case?

Plea Bargains and Fitness to Plead

  • Plea Bargain: An agreement where the defendant pleads guilty, often in exchange for a lighter sentence or lesser charges.
  • Forensic Psychologists assess whether the defendant is mentally fit (competent) to plead.
  • There is no single, universal test for competence.
  • Cases can be discontinued if mental health concerns override the interests of justice.

Trial Process

  • Adversarial Legal System: Lawyers present cases for or against the accused, and the judge ensures fairness in the process.
  • Prosecution must prove guilt beyond a reasonable doubt.
  • Defence challenges the prosecution's case (innocent until proven guilty).

Burden of Proof

  • Criminal: Beyond a reasonable doubt.
  • Civil: Balance of probabilities.

Inquisitorial System (Comparison)

  • Judges play an active role in gathering and presenting evidence, unlike the adversarial system where the judge is a neutral figure.

Court Types in the UK

Civil Courts

  • County Courts (Small Claims): Deal with civil matters such as debt and breach of contract.
  • Family Courts: Handle family-related issues like adoption and custody disputes.
  • High Courts: Deal with more significant civil cases, such as estates and mortgages.
  • Court of Appeal: Handles appeals.

Criminal Courts

  • Magistrates' Courts: All cases start here; minor cases remain, while serious cases are sent to the Crown Court.
  • Crown Court: Handles serious offences (e.g., murder, rape).
    • Judge and jury (12 laypeople) decide the verdict.
    • Appeals go from Crown Court → Court of Appeal → Supreme Court.
  • Youth Court: Deals with defendants aged 10-17.
    • Less formal, no jury, and parents/guardians are present for those under 16.
  • Coroners Court: Investigates violent, unnatural, or sudden deaths.
    • Inquests determine the cause of death but do not assign blame.
  • Tribunals: Handle issues related to employment, health, education, and immigration.

Court Hierarchy and Jury System

Crown Court Classes of Seriousness

  • Class 1: Most serious crimes (e.g., treason, murder).
    • Handled by High Court Judges.
  • Class 2: Serious crimes such as rape.
    • Handled by Circuit Judges.
  • Class 3: Less severe crimes like burglary or grievous bodily harm.
    • Handled by Circuit Judges or Recorders.

Jury System

  • Role: 12 lay people decide on the guilt or innocence of the defendant in Crown Court trials.
  • Majority decision is sufficient (unanimous decisions no longer required since 1967 in the UK).
  • Juries reflect the principle of trial by peers (from the Magna Carta).
  • Jury Selection Criteria:
    • Jurors are randomly selected from the electoral roll.
    • Must be aged 18-70 and have lived in the UK for at least 5 years since the age of 13.
    • Disqualifications include:
      • Mental health issues.
      • Having served 5+ years in prison.

Stalking

  • Stalking: Repeated intrusive acts creating apprehension, understood as causing fear by a reasonable person.

Key Legislation

  • Protection from Harassment Act (PHA) 1997: First UK law addressing stalking.
  • Protection of Freedoms Act 2012: Added specific stalking offences under PHA:
    1. Stalking involves fear of violence.
    2. Stalking involving serious alarm or distress.
  • Stalking under PHA Section 2A:
    • Behaviours that qualify as stalking include:
      • Following a person.
      • Contacting a person.
      • Monitoring someone’s internet activity.
      • Loitering near the person.
      • Watching or spying on someone.
  • Stalking Involving Fear of Violence or Serious Distress (PHA 4A):
    • Elements of the offence:
      1. A course of conduct.
      2. Causes fear of violence or serious alarm/distress.
      3. Substantially affects the victim’s daily life.
    • Reasonable Person Standard:
      • The court assesses whether the defendant ought to have known that their behaviour would cause fear or distress.
Newest Legal Steps for Stalking Protection
  • Stalking Protection Orders (2019):
    • Applied for by police to the magistrates' court.
    • Valid for two years to an indefinite period.
    • Includes various prohibitions and requirements:
      • No entry to certain areas, no recording or surveillance.
      • No devices unless internet history is retained.
      • No vexatious civil court applications.
    • Additional positive requirements:
      • Attend assessment for treatment suitability and mental health evaluation.
      • Surrender devices.

Major Case Reviews

  • Police jurisdictions are pairing with forensic psychologists, victim services, and lawyers to review and manage cases.

Typologies of Stalkers

  • Definition: A typology is a method for categorising criminals into groups based on observed facts about them.
    • It aims to make general statements about a class of criminals rather than studying them as individuals.
  • Classification Basis:
    • Mental disorder
    • Stalker’s prior relationship with the victim
    • Primary motivation for stalking, which is the most common classification method.

Mullen et al. Stalker Typology

  • This system is designed to align with clinical practice:
    • Serves a referred population from courts, mental health services, and self-referrals.
    • Used for both assessment and treatment purposes.
    • Includes three axes, focusing on the first one: stalker types based on the perpetrator's behaviour and motivations.
Types of Stalkers

  1. Rejected Stalkers

    • Context: This type of stalking begins after a relationship breakdown, often intimate or sexual in nature.
    • Motivation:The aim is either to reconcile or to seek revenge, with stalking creating a pseudo-relationship.
    • Characteristics:
      • Most common among intimate partners.
      • Persistent and intrusive, often driven by jealousy and entitlement.
      • Less psychotic but prone to personality issues and substance abuse.
      • Likely to engage in intimidation or assault of ex-partners.
      • Can be controlling, possessive, clingy, and dependent.
    • Management: These individuals are often aware enough to stop when consequences become too serious. They typically require counselling and social support.

  2. Resentful Stalkers

    • Feel victimised by an injustice and seek retribution by frightening or distressing the victim.
    • Engage in lengthy campaigns of harassment.
    • The victim represents those who have wronged them.
    • Often suffer from psychosis and substance abuse, and are typically self-centred, hostile, and defensive.
    • Retaliatory Stalkers:
      • Act out due to a recent perceived injury, usually in short bursts.
      • Target a specific victim for a brief period of stalking.
    • Management: Treatment often involves psychological intervention and substance abuse support.

  3. Intimacy Seekers

    • Motivation:The aim is to establish an intimate or friendly relationship, believing that the victim either reciprocates or will eventually reciprocate.
    • Characteristics:
      • Typically older and lonely, although some may be narcissistic.
      • The fantasy of the relationship often sustains the stalking.
      • Overvalue positive feedback and misinterpret negative responses.
      • High rates of psychosis but lower incidence of personality disorders.
    • Management: These stalkers are persistent, and their stalking may escalate to violence if they are rejected or if someone else intervenes.

  4. Incompetent Suitors

    • Motivation: The desire for a relationship, often driven by loneliness or sexual desire.
    • Characteristics:
      • Poor social skills, particularly in courtship.
      • Feel entitled to a relationship and are indifferent to the victim’s feelings.
      • Tend to stop quickly but are likely to reoffend with new victims.
      • Low psychosis, higher rates of narcissism and obsession.
    • Management: While they respond well to sanctions, they require social skills training to reduce the likelihood of reoffending.

  5. Predatory Stalkers

    • The least common type of stalker.
    • Motivation: Stalking serves as a precursor to an attack, usually sexual in nature.
    • Characteristics:
    • Enjoy the planning phase, as it provides a sense of control and power.
    • Prefer their victim to be unaware and do not aim to cause fear.
    • Typically male, with paraphilias, substance abuse issues, and personality disorders.
    • Short pursuit periods, but often more violent.
    • Management: Identifying the sexual element is crucial for treatment. Legal sanctions and potential incarceration are often necessary.

Theorie of Punishment

Definition of Punishment

  • Punishment: The infliction or imposition of a penalty as retribution for an offence.
  • Crime demands just punishment.
  • Justice: Can be objective or subjective.

Case Examples

  1. Jordan Blackshaw (21) and Perry Sutcliffe-Keenan (22):
    • Convicted for inciting disorder (Northwich & Warrington Riots).
    • Sentence: 4 years in a Youth Offender Institution (YOI).
  2. Hamzah Khan
    • 4-year-old found dead due to neglect by his mother, Amanda Hutton.
    • Sentence: 15 years for manslaughter.
  3. Will Cornick
    • Aged 16, sentenced to life for stabbing his teacher, Ann Maguire.

Distinguishing Punishment from Revenge

  • Punishment: A structured response to law-breaking, with consistency and appropriateness.
  • Revenge: Driven by vengeful feelings, not necessarily lawful or consistent.

Walker's 7 Features of Punishment (1991)

  1. Infliction of something unwelcome to the recipient.
  2. Intentional and done for a reason.
  3. Ordered by those who have the right to do so.
  4. Response to an action or omission infringing a law or custom.
  5. The person punished played a voluntary role in the infringement.
  6. Justification for punishment is required.
  7. The punisher believes in the punishment's justification.

Why Punish?

  • Protect society.
  • Prevent future offences.
  • Rehabilitation.
  • Deterrence.
  • Consideration of the victim.

Theories of Punishment

  1. Retribution
    • Harm to society must be counterbalanced by proportionate punishment.
    • Punishment is deserved—offenders receive "just deserts."
    • Emphasises that only the offender should suffer, not revenge.
  2. Utilitarian Theory
    • Focuses on the common good and future consequences.
    • Punishment is justified if it benefits society by reducing crime or rehabilitating offenders.
    • It is acceptable if more than just the offender suffers for the greater good.
  3. Humanitarian Approach
    • Recognises that many offenders come from disadvantaged or abusive backgrounds.
    • Argues for rehabilitation as a response to deprivation and victimisation.
    • Offenders deserve rehabilitative efforts.
Justification for Sentencing
  • Deterrence
    • Individuals refrain from crime due to fear of potential consequences.
    • Two types:
      1. Individual Deterrence: Prevents re-offending by the convicted individual.
      2. General Deterrence: Discourages crime in the broader society by example.

Public Perceptions of Punishment

  • Survey Results:
    • Majority overestimate the rate of custody for serious offences (burglary, rape).
    • Public opinion varies on whether sentences are too lenient or too tough.
Sentencing Preferences
  • For minor offences (e.g., theft), public preferences range from cautions to custodial sentences depending on prior convictions.
Specific Crime Applications
  • Inciting Disorder: Theories of punishment (retribution, utilitarian, humanitarian) all apply to public disorder cases.
  • Manslaughter: Public debates exist around why not murder in cases like Amanda Hutton’s.
  • Sex Offences and Murder: Similar application of punishment theories, with emphasis on severity.
Capital Punishment
  • Retribution: Crimes so severe deserve the death penalty.
  • Utilitarian: Deters crime, eliminates danger, satisfies public outrage.
  • Humanitarian: Concerns over false positives and potential for rehabilitation.

Effects of Imprisonment

  • 16th-17th Century:
    • Prisons were primarily holding facilities for individuals awaiting trial or punishment.
    • Men, women, children, and all types of offenders were confined together under deplorable conditions marked by malnutrition, poor hygiene, diseases, and maltreatment.
  • 18th Century:
    • The "Bloody Code" era was characterized by harsh penalties, including capital punishment for many offenses.
    • Prisoners could be subjected to transportation to British colonies or sentenced to hard labor.
  • Reforms by John Howard (18th century):
    • John Howard, the leader of the Howard League for Penal Reform, advocated for improvements in prison conditions, including:
      1. Paid staff.
      2. External inspection of prisons.
      3. Adequate diets for prisoners.
      4. Separation of male and female prisoners.
      5. Other basic necessities to ensure human dignity.
  • 19th Century:
    • By the mid-19th century, imprisonment replaced capital punishment for most serious crimes.
    • The establishment of Millbank Prison in London in 1816, followed by the construction of 55 more prisons, marked a shift toward incarceration.
    • The Prison Act of 1898 abolished hard labor, emphasizing productive prison work that did not harm prisoners' health.
  • 20th Century:
    • Reforms focused on separating young offenders from adults, establishing the first open prison in 1933.
    • Sir Alex Paterson, a prison reform advocate, highlighted the importance of preparing prisoners for freedom, stating, "You cannot train a man for freedom under conditions of captivity."
  • UN Standard Minimum Rules for the Treatment of Prisoners (1957/1977):
    • These rules emphasized non-discriminatory treatment based on race, religion, sex, etc.
    • Key standards included proper hygiene, accommodation, medical care, and the humane use of disciplinary actions.

Historical Overview of the UK Prison System

  • Prison Population (England & Wales):
    • The prison population includes different groups such as sentenced adults (71%), untried prisoners (4%), and young offenders (1%).
    • The total number of prisoners in 2024 was 88,521, with less than 2% of available space left.
  • Prisoner Characteristics (in comparison to the general population):
    • BAME representation: 27% of prisoners are from BAME backgrounds, compared to 13% of the general population.
    • High rates of adverse childhood experiences: 47% of male and 50% of female prisoners ran away from home as children.
    • School exclusion: 49% of male and 33% of female prisoners were excluded from school.
    • Educational deficits: 65% of prisoners have numeracy skills below the level of an 11-year-old, and 48% have similarly poor reading skills.
    • Mental health: Over 70% of prisoners suffer from multiple mental health disorders.
  • Overcrowding in Prisons:
    • Overcrowded prisons contribute to violence, including prison homicides, and psychological stress.
    • HMP Pentonville, originally designed for 520 inmates, now holds 1,205 inmates (more than double its capacity).
  • Consequences:
    • Overcrowding exacerbates the risk of re-offending, with anecdotal evidence suggesting that inmates released from overcrowded prisons are more likely to re-offend.
    • It creates a hostile environment, contributing to physiological and psychological stress, which may lead to more violence and poor mental health.
  • Self-harm and Suicide:
    • Over 7,000 incidents of self-harm are recorded annually in UK prisons.
    • The rate of suicide in the prison population is significantly higher than in the general population, with an average of 2 suicides per week.
    • 57% of suicides occur among remand prisoners, though they make up only 19% of the prison population. A quarter of these suicides happen within the first week of imprisonment, and half occur within the first month.
  • Strategies to Reduce Suicide (Towl, 1996):
    • Reducing the number of remand prisoners, especially those with mental illness.
    • Training staff to recognize and assist prisoners experiencing suicidal thoughts.
Effects of Overcrowding
Mental Health and Prison Suicide
  • Bukstel & Kilman (1980):
    • Reviewed 90 studies, finding that imprisonment negatively affects personal functioning due to factors like overcrowding, phase of sentence, and peer group influences.
    • Those with passive and dependent personalities tend to adjust better to prison life, while prisoners facing indeterminate sentences struggle more with adaptation.
  • Wooldredge (1999):
    • Prisoners experience heightened levels of depression, anxiety, and stress due to their environment.
    • The central environmental concerns of inmates include:
      1. Privacy
      2. Safety
      3. Structure
      4. Support
      5. Emotional feedback
      6. Social stimulation
      7. Activity
      8. Freedom
  • Recidivism Rates:
    • UK: 52%, Ireland: 62%, Scotland: 43%, Australia: 39%.
    • High recidivism rates indicate that prisons are not effectively rehabilitating offenders.
  • Meta-analyses on Recidivism:
    • Smith, Goggin, & Gendreau (2002): Longer prison terms do not significantly reduce re-offending rates, and the impact of prison is similar across demographics (e.g., juveniles, women, and minorities).
    • Redondo et al. (2002): Treatment programs within prisons and in the community have modest success, with cognitive-behavioral therapy and educational programs yielding the best results. Community-based programs were generally more effective than prison-based ones.
Impact of Imprisonment on Inmates
Recidivism and Prison Effectiveness
  • Cognitive Skills Programs:
    • These focus on teaching prisoners techniques to improve problem-solving, particularly in social interactions, which may reduce the likelihood of re-offending.
  • Rehabilitation Efforts:
    • Programs focus on education, vocational training, and preparing inmates for resettlement post-release.
    • However, resource limitations and overcrowded conditions hinder the effectiveness of rehabilitation programs.
  • Challenges to Success:
    • Political and financial constraints have limited the development and implementation of effective treatment programs.
Prison Interventions: What Works?

Sexual Offending

Sexual Offences Act 2003 (UK Law)

  • Rape: Defined as the non-consensual penetration of the vagina, mouth, or anus by the penis.
  • Consent: Consent requires a person to agree to engage in sexual activity by choice, and they must have the freedom and capacity to make that choice.
  • Other offences under the Act:
    • Assault by penetration: Non-consensual penetration by objects or parts of the body other than the penis.
    • Sexual assault: Non-consensual sexual touching.
    • Voyeurism and Upskirting: Involves watching or capturing images of someone’s private parts without their consent, often in private or intimate settings.

Age of Consent and Child Sexual Offences

  • Age of Consent in the UK: 16 years old.
    • Under 13 years old: Any form of sexual activity (penetration, sexual contact, incitement to engage in sexual activity) is illegal and considered a serious crime.
    • Under 16 years old: Sexual activity is illegal if the perpetrator is 18 or older.
  • Other offences:
    • Abuse of trust: Sexual contact between an adult in a position of authority and a person aged 16-17 may be illegal.
    • Familial child sexual offences: Sexual activity within the family.
    • Grooming: Building an emotional connection with a child to lower their inhibitions for sexual activity.
    • Offences against persons with a mental disorder: People with mental disorders that impede choice are protected under the law.
    • Indecent images of children: Creation, distribution, or possession of images depicting child sexual abuse.

International Differences in Age of Consent

  • Europe: The age of consent varies across countries, ranging from 14 (e.g., Portugal, Germany) to 18 (e.g., Malta, Vatican City).
  • United States: Age of consent differs between states, varying from 16 to 18 years old.
  • Implications for Research: Studies may criminalise behaviour that is legal in other jurisdictions, complicating cross-country comparisons.

Prevalence of Sexual Violence

  • World Health Organization (2012): Global studies reveal significant variation in the prevalence of sexual violence.
    • Lifetime prevalence of sexual partner violence against women aged 15-49 ranges from 5% to 59%.
    • Non-partner sexual violence: 0.3% to 12% of women report experiencing non-partner sexual violence since the age of 15.
  • Child Sexual Abuse (CSA): Meta-analysis (Stolenborgh et al., 2014) indicates global rates for child sexual abuse:
    • Boys: 4% to 19% are victims.
    • Girls: 11% to 22% are victims.
    • Victimization of other genders: Estimating rates of sexual abuse against non-binary or male victims is more challenging.

Common Myths and Misconceptions About Sexual Offending

  • Myth of Stranger Danger: A common belief is that children are more at risk from strangers. However, statistics show:
    • 56.5% of child sexual abusers lived with the victim.
    • 36.9% knew the child.
    • 6.5% were strangers.
    • 69% of child sexual offences occurred in the victim’s home.
  • Paedophile Rings: There is a misconception that organised paedophile rings account for most sexual offences against children. In reality:
    • 8% of offenders had spoken to others who had also been sexually offended.
    • Only 4% were part of organised groups.
  • LGBTQ+ Misconceptions: There is a decreasing but persistent belief that LGBTQ+ individuals pose a greater risk to children, which is unfounded.
    • Stated Orientation of Offenders: 76% of offenders targeted females only, 8% targeted males only, and 13% targeted both genders.

Paedophilia and Child Molestation

  • Paedophilia: A sexual preference for prepubescent children (boys, girls, or both).
    • Hebephilia: Sexual preference for early pubertal children.
    • Ephebophilia: Sexual preference for adolescents.
    • Teleiophilia: Sexual preference for adults.
  • Child Molestation: Refers to any sexual offence against children, regardless of whether the offender has a paedophilic interest. Offenders may or may not have sexual attractions to children, but their behaviour crosses legal and moral boundaries.
  • Types of Offending:
    • Intrafamilial/incestuous: Often involves less evidence of paedophilic tendencies, and offenders in these cases tend to have lower reoffense rates.
    • Extrafamilial/unrelated: Greater risk of reoffending, often involving individuals with paedophilic interests.

Female Sexual Offenders

  • Underreporting: Female-perpetrated sexual abuse is significantly underreported.
    • Official statistics show women account for 2.2% of sexual offences reported to police, but victim surveys suggest this figure could be as high as 11.6%.
    • Female offenders often co-offend with male perpetrators, and their victims are predominantly male.
    • Rates of paedophilia among female offenders are considerably lower than among male offenders.

Sexual Aggression Toward Adults

  • The stereotype of the predatory stranger-rapist is misleading. Many sexual assaults involve:
    • Marital Rape
    • Acquaintance Rape
    • Date Rape
    • Multiple Perpetrator Rape: Seen in contexts like fraternities, gangs, or during wartime.
    • Prison Rape
  • Factors contributing to sexual aggression:
    • Hostile masculinity
    • Sociosexual orientation
    • Endorsement of rape myths
    • Alcohol consumption
    • Antisocial behaviour
    • Sadism

Integrated Theory of Sexual Offending

  • A complex theory combining various factors to explain sexual offending.
  • Neuropsychological Functioning:
    • Cognitive, emotional, and behavioural factors influenced by the individual’s brain development, biology, and ecological niche.
  • Ecological Niche: The social context of the individual, including personal history (e.g., childhood abuse) and cultural norms.
    • History of abuse: 35% of male abusers were themselves victims, compared to 11% of non-abusers.
    • Group dynamics: Can influence behaviors, such as in cases of multiple perpetrator rape or wartime rape.
  • Clinical Symptoms:
    • Deviant sexual arousal.
    • Emotional regulation issues.
    • Social difficulties related to intimacy and control.
    • Offence-supportive cognitions, including distorted beliefs about the self, victims, and society.

Recidivism and Desistance

  • Sexual Recidivism Rates:
    • 9.5% for treated offenders.
    • 14.1% for untreated offenders.
  • Desistance:
    • Natural Desistance: Crime rates tend to decline with age.
    • Cognitive Transformation: Offenders recreate their identities through gradual or sudden changes.
    • Informal Social Control: Stability through relationships (e.g., marriage) and employment helps individuals desist from crime.
  • Effectiveness of Treatment:
    • Studies suggest treatment can reduce reoffending by 27%-43%.
    • Treatment success is higher when it prioritizes high-risk individuals, targets criminogenic needs, and uses evidence-based interventions.

Mental Illness and Offending

  • Mental Illness:
    • Encompasses conditions with impairments in psychological functioning (e.g., schizophrenia, bipolar disorder).
  • Prevalence:
    • Roughly 1 in 4 British adults have a diagnosable mental health condition yearly.
  • Mental Health Act (2007):
    • Defines mental disorders broadly, “any disorder of the mind” from personality disorders to autism, advocating for treatment over punishment in offenders.
  • Educational & Socioeconomic Gaps:
    • Significant discrepancies exist between general and prison populations. Higher rates in prisons are seen in unemployment (67%), homelessness (32%), and low educational achievement.
  • Mental Health Disparities:
    • 72% of male and 70% of female prisoners have two or more mental health disorders, versus only a few percent in the general population.
  • Common Diagnoses in Prison Populations:
    • Psychosis: 8% in prisons vs. 0.5% in the general population.
    • Personality Disorders (PD): 66% in prisons vs. 5.3%.
    • Depression/Anxiety: 45% vs. 13.8%.
    • Learning Disabilities (LD): 7% vs. <0.1%.
  • Schizophrenia:
    • Diagnosed by symptoms like delusions, hallucinations, disorganized thinking, and social withdrawal. Case example: Luka Magnotta.
  • Antisocial Personality Disorder (ASPD):
    • Persistent disregard for others' rights, often linked to criminal behavior. Not diagnosed in individuals under 18. Case example: Jeffrey Dahmer (also diagnosed with borderline and schizotypal disorders).
Socioeconomic and Educational Disparities in Prison Populations
Types of Diagnoses and Associated Crime Rates
Detailed Diagnostic Examples
  • Historical Biases:
    • Diagnostic criteria have evolved, previously including violence more explicitly.
  • Media Influence:
    • Public perception of mentally ill individuals as dangerous increases after violent incidents involving them.
  • Diagnostic Circularity:
    • Behaviors used to diagnose mental illness can sometimes reinforce the perception that mental illness causes these behaviors.
    1. Link et al. Study: Higher rates of violent/illegal behavior in mentally ill patients, explained by psychotic symptoms.
    2. Swanson et al.: Risk of violent behavior increases with schizophrenia, major affective disorders, and substance abuse.
    3. Hodgins Study: Showed that mentally ill men and women had higher crime rates than their non-mentally ill counterparts, especially in violent crime.
  • Found that the mental health patients had higher rates of criminal behaviour - especially violent
  • Their diagnosis was related to their behaviour for example schizophrenic hallucinations
  • Found that those who said their crime was violent, they found a relationship to their diagnoses
  • 4x more likely to have diagnoses such as depression schizophrenia
  • 14x more likely substance abuse problem
  • Combine the 2- 17x more likely mental disorder and substance absue
    A Longtitudual study of 15000 people born in Stockholm in 1653
  • Men: 32% with no mental disorder but 50% with major mental disorder were criminal
  • Women: 6% non-mentally ill versus 19% of mentally ill became criminals
  • The risks were somewhat greater for violent than for non-violent crime
Diagnostic Bias and Public Perceptions
Empirical Studies on Mental Illness and Crime
  • Substance Abuse:
    • High comorbidity between mental illness and substance abuse, significantly heightening the risk of violent crime.
  • Victimization:
    • Mentally ill individuals are more likely to be crime victims, which may link to subsequent violent behavior as a response.
  • Command Hallucinations:
    • Instruct individuals to perform specific acts, including potentially violent crimes (e.g., Yorkshire Ripper case).
  • Predictors of Violence:
    • Prior history of violence, victimization, poor social networks, and environmental factors (e.g., homelessness, weapon availability).
    1. Police Investigation and Miranda Rights: Mentally ill individuals may unintentionally waive rights, risking inappropriate prosecution without proper support.
    2. Trial and Competency to Plead: Offenders may be deemed unfit if unable to comprehend the plea process, leading to hospitalization to restore competency.
    3. Sentencing: Possible outcomes include psychiatric treatment in prison, hospital orders, or community-based treatment.
    4. Parole and Release: Parole boards review cases, focusing on behavior, rehabilitation progress, and risks of reoffending. Psychiatric stability and medication compliance are often critical.
Co-morbidity and Crime
Clinical Aspects of Violence in Mental Illness
Management of Offenders with Mental Illness in the Criminal Justice System (CJS)

Development of Offending

  • Questions posed: Why do people become offenders? Why does crime exist?
  • Categorization of crime theories based on their examination level:
    • Individual: Focuses on personal traits like genetics, trauma, or deviant perception.
    • Group and Socialization: Emphasizes peer and family influence.
    • Community Influence: Explores how environmental factors shape opportunities for crime.
    • Societal/Macro-Level: Looks at societal structures that create disparities, leading to crime.
Introduction to Crime Theories
  • Central concept: Behavior is learned through observation and imitation.
    • Bandura's Experiment (1963): Children exposed to aggressive models toward a Bobo doll exhibited more aggression when provoked.
  • Reinforcers (factors increasing behavior probability):
    • Social approval (e.g., smiles, compliments) $$$, social inclusion, sex
  • Critical view: Although effective in explaining behavior acquisition, conditions under which criminal behavior is learned remain ambiguous
  • Hypothesis: Low intelligence correlates with poor learning skills, leading to unemployment and inability to avoid risks.
  • Controversy: Studies (e.g., Cullen et al., 1997) found weak links between intelligence and criminality, suggesting other influential factors.
  • Self-Regulation and Crime:
    • Key Concept: Ability to control behavior impacts the likelihood of criminal acts.
    • Research Findings:
      • Low self-regulation is linked to aggression
      • Tasks depleting self-regulatory resources increase aggression
    • Free Will: Explored as a mental resource affected by prefrontal deficits, autonomic arousal, and health factors
  • Influences: Hormones (e.g., testosterone), neurotransmitters, and temperament.
  • Genetics:
    • Twin studies suggest hereditary links to violence.
    • Genes like RBFOX1 are linked to aggressive behavior.
  • Critique: Caution against false conclusions based on biological determinism in criminality.
  • Risk factors: Harsh upbringing, lack of love, poor supervision, family disruption, deviant parental behaviors.
  • Combined influences:
    • Individual traits (e.g., low self-control)
    • Environment (e.g., violent neighborhoods)
    • Media influence: Violent video games correlated with increased aggression
  • Violent video games potentially:
    • Practice aggressive behavior.
    • Provide rewarding experiences.
    • Desensitize players to violence.
    • Effect size: Generally small; not as impactful as some theorists suggest.
  • Biosocial Theory (Hans Eysenck):
    • Biological and external (environmental) factors interact to influence crime.
    • Criminality