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Forensic Psychology 5th Semester

The document provides an overview of forensic psychology, including its definition, historical development, and key theories related to crime, such as biological, sociological, and psychological theories. It also discusses the roles of forensic psychologists, the myths surrounding the field, and the various forensic disciplines that intersect with psychology. Additionally, it covers juvenile delinquency, the age-crime curve, and risk factors associated with antisocial behavior.

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0% found this document useful (0 votes)
47 views68 pages

Forensic Psychology 5th Semester

The document provides an overview of forensic psychology, including its definition, historical development, and key theories related to crime, such as biological, sociological, and psychological theories. It also discusses the roles of forensic psychologists, the myths surrounding the field, and the various forensic disciplines that intersect with psychology. Additionally, it covers juvenile delinquency, the age-crime curve, and risk factors associated with antisocial behavior.

Uploaded by

7vb42qps4k
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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School of Social Sciences

Semester V, 2024
Shriya Saralaya

FORENSIC PSYCHOLOGY
___

Notes

1
UNIT I

2
QUESTIONS

1 mark

1. Define forensic psychology. (A field of psychology that deals with all aspects of human
behaviour as it relates to the law or legal system.)
2. Name the psychologists who contributed to the field of forensic psychology. (James
Cattel, Alfred Binet, William Stern, Hugo Munsterberg, Albert Von Schrenck Notzing, John
Henry Wigmore.)
3. Who is considered to be the father of forensic psychology? (Hugo Munsterberg)
4. What are the theories of crime? (Biological, Sociological, Psychological)
5. What is the biological theory of crime? (check below)
6. What is the sociological theory of crime? (check below)
7. What is the psychological theory of crime? (check below)
8. What are the body types proposed by Sheldon? (Ectomorph, Mesomorph, Endomorph)
9. Name of the people who proposed the theory.
10. Which chromosomes were linked to aggression? (Y Chromosome)
11. Name the biological theories of crime. (Constitutional Theory {Sheldon}, Chromosomal
Theory {Jacobs, Brunton, Melville, Brittain & McClemont}, Lead Exposure Theory {Nevin}.)
12. Name the sociological theories of crime. (Strain Theory {Merton}, Differential Association
Theory {Sutherland}, Labelling Theory {Becker}.)
13. Name the psychological theories of crime. (Biosocial Theory {Eysenck}, Social Learning
Theory {Akers}, General Theory of Crime {Gottfredson & Hirschi}.)
14. What are the popular forensic disciplines today? (Forensic Anthropology, Forensic Biology,
Forensic Odontology, Forensic Toxicology, Forensic Pathology.)
15. Myths of forensic psychology. (check below)
16. Challenges faced by a forensic psychologist. (Epistemology, Nature of Law, Knowledge,
Methodology, Criterion.)

5 marks

1. Write short notes of theories of crime ( any one can be asked)


2. Write a short note on forensic disciplines( any 3 can be asked)
3. What are the challenges encountered by a forensic psychologist in the court of law?
4. Write a short note on myths of forensic psychology.
5. What are the major roles played by a forensic psychologist?

10 marks

1. Explain in detail the history of forensic psychology


2. Explain in detail biological theory of crime

3
3. Explain in detail sociological theories of crime
4. Explain in detail psychological theories of crime.
5. Role of a forensic psychologist in today’s world. Explain.

4
HISTORY OF FORENSIC PSYCHOLOGY

Forensic psychology has evolved significantly since its inception. Early research began with
figures like James Cattell, who studied eyewitness testimony in 1895, and Alfred Binet, who
highlighted the suggestibility of children's testimonies in 1900. The field gained traction through
the works of William Stern and Hugo Munsterberg, despite facing skepticism from legal
scholars like John Henry Wigmore. By the early 1900s, psychologists were instrumental in
establishing clinics for juvenile delinquents and conducting pretrial assessments, laying the
groundwork for modern forensic practices.

BIOLOGICAL THEORIES OF CRIME

Biological theories of crime suggest that genetic, neurophysiological, and biochemical factors
contribute to criminal behavior. These theories posit that certain individuals may be
predisposed to criminality due to inherited traits or abnormalities in brain structure and
function.

● Constitutional Theory (Sheldon, 1949): Links body type (somatotype) to temperament


and criminal behavior.
● Chromosomal Theory (Jacobs, Brunton, Melville, Brittain & McClemont et al., 1965):
Proposes that men with an extra Y chromosome may exhibit more aggressive traits.
● Lead Exposure Theory (Nevin, 2000): Suggests that childhood lead exposure can
negatively impact brain development and lead to criminal behavior.

SOCIOLOGICAL THEORIES OF CRIME

Sociological theories focus on the social environment and cultural contexts that influence
criminal behavior. These theories argue that crime is a product of societal structures,
relationships, and cultural norms.

● Strain Theory (Merton, 1938): Argues that societal pressures can lead individuals to
commit crimes when legitimate means are inaccessible.
● Differential Association Theory (Sutherland, 1939): States that criminal behavior is
learned through social interactions.
● Labeling Theory (Becker, 1963): Suggests that societal labels can promote deviant
behavior through a self-fulfilling prophecy.

PSYCHOLOGICAL THEORIES OF CRIME

Psychological theories of crime focus on individual mental processes and personality traits that
contribute to criminal behavior. These theories explore how cognitive functioning, emotional
regulation, and personality characteristics influence an individual's propensity for crime.

5
● Biosocial Theory (Eysenck, 1964): Connects personality traits like extraversion and
neuroticism to antisocial inclinations.
● Social Learning Theory (Akers, 1973): Proposes that crime is learned similarly to
noncriminal behavior.
● General Theory of Crime (Gottfredson & Hirschi, 1990): Attributes criminal propensity to
low self-control developed early in life.

FORENSIC PSYCHOLOGY TODAY

The definition of forensic psychology remains debated. It encompasses various roles, including
clinical practice, research, and participation in legal proceedings. Forensic psychologists often
engage in risk assessment, jury decision-making studies, and treatment program evaluations.
Their work is critical in understanding criminal behavior and informing legal processes.

OTHER FORENSIC DISCIPLINES

Forensic psychology intersects with several other forensic disciplines:

● Forensic Anthropology: Forensic Anthropology is a specialized field that applies the


principles of anthropology and osteology to legal investigations. Forensic
anthropologists are trained to analyze human skeletal remains to determine identity,
cause of death, and other critical information in criminal cases. They assist law
enforcement agencies in recovering and identifying human remains, often in cases of
homicide or mass disasters. Key tasks include estimating the age, sex, ancestry, and
stature of deceased individuals, as well as identifying trauma or pathology present on
bones.

● Forensic Biology: Forensic Biology involves the application of biological techniques and
principles to analyze biological evidence in criminal investigations. This can include the
examination of blood, saliva, hair, and other bodily fluids to establish connections
between suspects, victims, and crime scenes. Forensic biologists utilize various methods
such as DNA analysis, serology (the study of blood serum), and microscopy to identify
biological materials and provide crucial evidence in court.
● Forensic Odontology: Forensic Odontology is the study of dental records and bite marks
in legal contexts. Forensic odontologists specialize in identifying human remains
through dental records or analyzing bite marks found on victims or objects at crime
scenes. They can provide valuable insights into age estimation and the identification of
individuals when other means are unavailable. This field is particularly useful in cases
involving mass disasters, child abuse investigations, or homicides where traditional
identification methods may not suffice.

6
● Forensic Pathology: Forensic Pathology is the branch of medicine that focuses on
determining the cause of death through the examination of deceased individuals.
Forensic pathologists conduct autopsies to investigate deaths that are sudden,
unexplained, or suspected to be due to criminal activity. They analyze various factors
such as injuries, disease processes, and toxicological findings to provide conclusions
about how and why a person died. Their expert testimony is often critical in homicide
trials and other legal cases involving fatalities.
● Forensic Toxicology: Forensic Toxicology is the study of bodily fluids and tissues to detect
the presence of drugs, alcohol, poisons, or other toxic substances that may have
contributed to a person's death or impairment. Forensic toxicologists perform analyses
on samples such as blood, urine, and hair to identify substances that could be relevant in
criminal cases or accidental deaths. Their findings can help determine whether
substances played a role in a crime or accident and can provide crucial evidence in legal
proceedings.

PSYCHOLOGICAL EXPERTS IN COURTS

Forensic psychologists serve as expert witnesses in court cases. They provide testimony on
psychological evaluations, competency assessments, and risk assessments for reoffending. Their
expertise helps courts understand complex psychological issues related to criminal behavior
and mental health.

MYTHS ASSOCIATED WITH THE FIELD OF FORENSIC PSYCHOLOGY

Several myths persist about forensic psychology:

● Myth: Forensic psychologists perform the same tasks as forensic scientists.


● Reality: Their roles differ significantly; psychologists focus on behavioral aspects while
scientists handle physical evidence.

● Myth: Forensic psychologists primarily assist police investigations.


● Reality: Much of their work involves correctional settings and rehabilitation.

● Myth: A graduate degree in forensic psychology is necessary for research roles.


● Reality: Researchers can come from various psychological backgrounds.

7
● Myth: A law degree is required to testify as an expert witness.
● Reality: This is not a requirement for forensic psychologists.

ROLE OF FORENSIC PSYCHOLOGISTS

Forensic psychologists fulfill multiple roles:

● As clinicians, they conduct assessments for custody disputes, provide therapy to


offenders, and offer expert testimony.
● As researchers, they study risk assessment methods and jury behavior.
● They also help with jury selection, assess witness credibility, evaluate mental
competency in trials, and contribute to offender profiling.

Their contributions are vital in understanding crime's psychological components and improving
legal processes.

8
UNIT II

9
QUESTIONS

1 mark

1. Define juvenile delinquency.


2. Define the social definition of juvenile delinquency.
3. Define antisocial behaviour
4. What is the age of criminal responsibility?
5. Mention any one distinction made on the basis of age for juvenile delinquents by the
criminal justice system.
6. What is the age crime curve?
7. What is the dual systems model of adolescent risk taking?
8. Mention the brain systems of adolescent risk taking?
9. Mention any one social/cultural change that occurs for the occurrence of antisocial
behaviour.
10. What is a risk factor?
11. What is a protective factor?
12. Differentiate between a risk factor and a protective factor.
13. Mention any one criterion that help us determine whether a risk factor plays a causal
role in offending.
14. Mention the research methods used in developmental criminology.
15. What is temperament?
16. Which is the personality trait that is consistent with antisocial behaviour?
17. What is referred to as the executive functions?
18. Name the neuro developmental disorders that interest criminologists.
19. Expand ADHD/ASD.
20. What is strain theory?
21. What is the facilitation /selection hypothesis?
22. Mention the developmental theories of offending.
23. Expand ICAP theory and who gave it?
24. What are the two main groups of offenders?

5 marks

1. Write a short note dual systems model on adolescent risk taking.


2. Write a note on social and cultural changes that increase the risk in antisocial behaviour.
3. Write a short note on evolutionary perspective
4. Write a note on nature of risk factors
5. Risk factors in antisocial behaviour (any one and will be specified)
6. Write a note on neurodevelopmental disorders and criminal behaviour

10
7. Write about developmental theories of offending ( any one /2 can be asked )

10 marks

1. Explain in detail the important risk factors for the development of antisocial and
criminal behavior.
2. Explain in detail developmental theories of offending.

11
CRIMINAL OFFENDING ACROSS THE LIFESPAN

Juvenile delinquency and criminal responsibility

Definition of juvenile delinquency: Juvenile delinquency is simply any behaviour that


violates the criminal law when perpetrated by individuals who have not yet reached the age of
adulthood, as specified in relevant national or state legislation.
In short, juvenile delinquency refers to criminal acts committed by minors.

A social definition of delinquency: Juvenile delinquency encompasses a range of behaviours,


such as alcohol and tobacco use, truancy, aggressive acts, petty theft, or other forms of
‘misbehaviour’ that either are not illegal for adults or are unlikely to come to police attention.

Antisocial behaviour: refers to this wider range of acts that either violate the rights of others
or transgress social norms, but which may not necessarily constitute criminal offences.

Status offences: are acts that are legal for adults but, when committed by juveniles, may be
subject to various criminal justice responses. The most common status offences include
truancy, running away from home, alcohol use, and incorrigibility.

Age of criminal responsibility: This is the age at which someone can reasonably be said to
recognise the difference between right and wrong and therefore, in principle, can be held fully
responsible for their criminal acts. Age of Criminal Responsibility in India: 18.

Usually in most countries, it is 17 or 18. Individuals who are under this age are usually dealt
with by juvenile or youth courts and typically receive different, and usually less severe,
sanctions than would accrue for similar offences if committed by adults.

The age–crime curve

The age–crime curve describes a characteristic pattern of offending across the life span:
offending typically begins between age 8 and 14, peaks in late adolescence (age 15–19), and
then declines thereafter.

12
Offending rates peak during adolescence. Clear peak in both the prevalence and frequency of
offending in the ages 10–18. The prevalence of property offending tends to peak earlier than
that of violent offending, and white collar offences are more likely to be perpetrated by older
individuals.

THE NATURE OF ADOLESCENTS

Adolescence is the period of transition between childhood and adulthood when important
biological, psychological, and social changes are occurring. The age range of adolescents in
Western cultures is usually thought to lie between the ages of around 12 and 13 through to the
late teens or early twenties. Adolescence is a period where there is an increase in parental
conflict, risk-taking behaviour, and a range of emotional and behavioural problems.

Adolescence is a period of inordinate risk-taking: Risky behaviours like drug use, binge
drinking, unprotected sex, car ‘surfing’, and other such dangerous pursuits.

THE DUAL SYSTEMS MODEL OF ADOLESCENT RISK-TAKING

According to the dual systems model of adolescent risk taking the peak in criminal and
antisocial behaviour and other forms of risk taking that is seen in adolescence can be explained
by the differential maturation of two different brain systems: the socioemotional system and
the cognitive control system:

The socioemotional system, which involves regions of the brain that underlie the experience
of reward, becomes hyperactive: Activities that stimulate the reward system in the brain, such
as thrill seeking, sexual activity, socialising, and the risky behaviour that characterises much
antisocial behaviour, are experienced more intensely during this developmental period.

The cognitive control system that plays a key role in the self-regulation of behaviour is still
developing. Research has found that the development of the prefrontal cortex, a region of the
brain that is implicated in impulse control, planning, and decision making, is not fully
developed until the early 20s

In Conclusion, according to the dual systems model of adolescent risk taking, adolescence is a
period where the rewards of risky behaviour become more attractive, but the capacity to control
and regulate behaviour is still developing. This ‘imbalance’ results in the peak in risk taking and
criminal offending characteristic of this developmental period.

13
EVOLUTIONARY PERSPECTIVE

Antisocial and risky behaviour peaks during adolescence and adulthood because this is the time
period where young individuals – especially young men – are competing most vigorously for
status and resources. As men get older, form long-term relationships, and have children then
the competitive advantages of risky and antisocial behaviour decline. Heightened risk taking
and antisocial behaviour during adolescence are especially pronounced among males.

14
RISK AND PROTECTIVE FACTORS

A risk factor is simply any variable ‘that predicts an increased probability of later offending’,

A protective factor is a variable that predicts a decreased probability of offending.

THE NATURE OF RISK FACTORS

Working out which risk factors play a causal role in offending is important because these are
the factors that need to be targeted in any prevention initiatives:

● The risk factor should be associated with the outcome (e.g., antisocial behaviour or
offending).
● The risk factor should precede the outcome.
● The risk factor should predict the outcome after controlling for other variables (i.e.,
it should have an effect independently of other variables).

15
INDIVIDUAL RISK FACTORS

Individual risk factors are those factors that are located in individuals and which help us to
understand why some people are more likely to engage in antisocial and criminal behaviour
than are others.

Low Intelligence, Certain Temperamental And Personality Factors, Specific


Neurodevelopmental Disorders, And Impaired Social And Cognitive Skills.

Low IQ, as assessed in childhood, is a clear risk factor for later delinquency, although its effects
on criminal offending are likely to be indirect in nature.

Personality can be broadly defined as ‘those characteristics of the person that account for
consistent patterns of feeling, thinking and behaving’. Temperament is a term that is usually
applied to describe individual differences in emotional and behavioural responses.

Temperament is considered to be strongly influenced by biology and is typically used to


describe the behaviour of infants and young children. The personality trait that has been most
consistently related to antisocial behaviour is low self-control or impulsivity. Individuals who
are less able to inhibit or control their behaviour are more likely to engage in antisocial and
criminal behaviour.

Research clearly supports the link between low self- control or impulsivity and delinquent
behaviour. Infants who have what has been termed a ‘difficult’ or ‘undercontrolled’
temperament – they are more restless, irritable, emotionally labile, and harder to soothe – are
at a greater risk for later engaging in antisocial behaviour and delinquent behaviour

Individuals who are less able to understand another person’s feelings (what the researchers
label ‘cognitive empathy’) are at a greater risk of offending.

THE ORIGIN OF INDIVIDUAL RISK FACTORS

Very early developmental experiences are one potential source for some of the individual
differences that have been shown to be associated with the development of antisocial
behaviour. Important early developmental risk factors include the maternal use of alcohol,
tobacco, and other drugs during pregnancy, some types of birth complications, and early
exposure to toxic substances.

There is also now abundant evidence that genetic factors play a significant role in the
origin of antisocial and criminal behaviour.

16
Children who were maltreated were at a significantly greater risk of engaging in
antisocial behaviour.

NEURODEVELOPMENTAL DISORDERS

Two neurodevelopmental disorders are of particular interest to criminologists:


Attention-Deficit/Hyperactivity Disorder (ADHD) and Autism Spectrum Disorder (ASD).

Children who have enduring problems with inattention, impulsivity, and hyperactivity may be
diagnosed with ADHD. The core problems experienced by individuals with ADHD appear to be
related to deficits in executive functioning. ADHD is associated with an increased risk for
antisocial and criminal behaviour. This is, perhaps, not unsurprising. As we have seen, low
self-control is an important individual-level risk factor for delinquent behaviour, and
individuals diagnosed with ADHD tend to have persistent and enduring problems in regulating
behaviour.

Another neurodevelopmental disorder with potential implications for criminal and antisocial
behaviour is Autism Spectrum Disorder (ASD). The lack of social insight and ability to ‘read’
the intentions of others may result in impairments in social interactions that could lead to
offending. However, systematic research linking ASD with offending is thin on the ground, and
recent reviews of the literature find little evidence to suggest any more than a weak relationship
between this disorder and crime .

FAMILY RISK FACTORS

Crime runs in families. If you have parents, siblings, and relatives who are engaged in
criminal behaviour there is a much greater likelihood that you will also develop a history of
offending. It was found that only 8% of the families accounted for a full 43% of all arrests in the
sample. Having a family member (especially a father) who had been arrested also significantly
predicted a boy’s subsequent delinquency. Antisocial family members either directly or
indirectly encourage younger family members to engage in crime.

Social learning theorists would argue, criminal parents may well model antisocial behaviour in
ways that increase the likelihood of offending among their children.

The main family risk factors : Disrupted Families and Parental Conflict

17
Exposure to violence between parents is a significant risk factor for later offending. The risk of
delinquency was similar for men from disrupted families and those from intact but
high-conflict families. In short, it seems that although having a disrupted family environment
is a risk factor for offending, the quality of the family environment is a much more important
variable in explaining the development of delinquent behaviour.

CHILD ABUSE AND NEGLECT

An intergenerational cycle of violence: experience of violence in the family environment


increases the likelihood of subsequent violent and antisocial behaviour

1. Physical child maltreatment is the most consistent type of abuse predicting youth
violence to date.
2. Compounded types of abuse (e.g., sexual, emotional, physical) and increased severity of
abuse appear to increase the likelihood of later youth violence perpetration.
3. Evidence is emerging that childhood maltreatment may be a predictor of intimate
partner violence perpetration, particularly for females.
4. Findings indicate that less severe forms of physical punishment and harsh parenting can
result in an increased likelihood of later youth violence perpetration.

Social learning theorists argue that children are more likely to adopt violent behaviour
through a process of modelling and imitation if they are the victims of child abuse or
neglect. It has also been argued that abused and neglected children are likely to form weak
attachments to their parents, which may reduce self-control and contribute to the development
of hostile views of close relationships.

CHILD REARING METHODS

Parents who actively monitor their children’s behaviour and who consistently (but not
punitively) punish their children for inappropriate behaviour are likely to raise children who
develop the capacity to effectively regulate or control their behaviour.

SOCIAL RISK FACTORS

SOCIOECONOMIC STATUS

According to strain theory, for example, the experience of poverty exerts numerous strains on
individuals, which, in turn, can result in criminal behaviour. The relationship between

18
socioeconomic status and offending was clear: offending rates rise steeply for children from
lower socioeconomic backgrounds.

PEER INFLUENCES

Facilitation hypothesis: associating with delinquent peers has a causal effect on delinquent
behaviour: the association increases the likelihood of offending.

Selection hypothesis: suggests that the relationship between involvement with delinquent
peers and delinquent behaviour is largely the result of antisocial individuals seeking out
like-minded peers to associate with.

SCHOOL AND NEIGHBOURHOOD FACTORS

List of features of schools that tend to be associated with lower levels of delinquency:

● Small schools with good resources.


● Schools with good discipline (rules are consistently, but not harshly enforced –
physical punishment tends to be associated with higher rates of delinquency).
● Schools that provide opportunities for student success and praise student
accomplishments.
● Schools with high expectations for students.
● Schools with pleasant working conditions for students.
● Schools with good cooperation between the administration and teachers.
● Schools with strong community involvement.

Criminologists have identified a number of characteristics of neighbourhoods that appear to be


related to offending. Offending tends to be more common in urban areas characterised by
poverty, physical disorder, and residential instability.

Factors Relating To Desistance From Offending

Engagement with prosocial activities and institutions such as marriage, work, and parenting are
often related to desistance from offending. Most studies find that marriage is consistently
related to reductions in offending.

19
DEVELOPMENTAL THEORIES OF OFFENDING

MOFFITT’S DUAL DEVELOPMENTAL PATHWAY THEORY

The central idea of this theory is that there are two main groups of offenders: life-course
persistent (LCP) offenders and adolescent-limited (AL) offenders.

LCP offenders, according to Moffitt, are ‘few, persistent, and pathological’. These individuals,
who are overwhelmingly male, demonstrate considerable continuity in their antisocial
behaviour over the life course, although the form that their antisocial behaviour takes will
change over time.

As Moffitt summarises, this includes ‘biting and hitting at age 4, shoplifting and truancy at age
10, selling drugs and stealing cars at age 16, robbery and rape at age 22, and fraud and child
abuse at age 30’. LCP offenders are, according to the theory, responsible for a disproportionate
amount of offending.

According to Moffitt, the persistent antisocial behaviour of LCP offenders has its origins in early
childhood neuropsychological deficits. These include low IQ, reading difficulties, impulsivity,
hyperactivity, and attention problems. Unlike their LCP counterparts, AL offenders are typically
not saddled with the same kind of early neuropsychological problems and adverse family
environments.

Moffitt argues that the factors that initiate offending among this group relate to the
development of biological maturity (i.e., puberty) at ages 10–13 but the failure to attain full
adult status until much later (late teens or early twenties). This creates, what Moffitt refers to
as a ‘maturity gap’, or children who are ‘chronological hostages of a time warp between
biological age and social age’. During this period deviant peers, who were likely to be socially
marginalised during childhood, become attractive role models for AL offenders as they appear
to have succeeded in obtaining many of the trappings of adult status (e.g., drinking, smoking,
sex, and independence).

AL offenders seek out and are influenced by these deviant peers and, as a consequence, engage
in antisocial behaviour. However, because they are not burdened with the enduring
psychological problems that characterise LCP offenders, they generally desist from offending
on attaining adult roles and responsibilities like marriage, work, and children.

20
SAMPSON AND LAUB’S LIFE COURSE THEORY OF CRIME

Weak social bonds are the main explanation for offending in Sampson and Laub’s theory,
although the nature and importance of social bonding change throughout the life course.

Thus, children who grow up in families with weak or inconsistent discipline and a lack of
parental monitoring form weak attachments to their parents and are at risk for antisocial
behaviour.

In short, the more weakly an individual is socially bonded to others and society the greater
likelihood they will engage in antisocial and criminal behaviour.

21
LONGITUDINAL AND CROSS-SECTIONAL STUDIES IN DEVELOPMENTAL CRIMINOLOGY

Cross-sectional research involves taking, as its name suggests, a cross-section of a given


population at a given moment in time and measuring or assessing them on a range of relevant
characteristics. Although this type of research can often provide us with important information
about the nature of juvenile delinquency, it does have a number of drawbacks. Importantly, it
can be very difficult to unravel the causal factors that are involved in the development of
antisocial behaviour over time

Longitudinal research involves tracking a sample of individuals over time and assessing those
individuals on a regular basis. Longitudinal studies ‘provide information about developmental
sequences, within-individual change, effects of life events and effects of risk and protective
factors at different ages on offending at different ages’.

22
UNIT III

23
QUESTIONS

1 mark

1. What is polygraph technique?


2. Name any one application of polygraph technique.
3. What is narco analysis?
4. What is the other name for narco analysis?
5. Mention the biggest drawback of polygraph/narco tests.
6. Expand fMRI?
7. What is fMRI?
8. Expand BEOSP /BEOP
9. What is BEOSP?
10. Expand VSA.
11. What is VSA?
12. Mention any one verbal/non verbal cues to lying.
13. What is forensic hypnosis?
14. Mention any one factor that can influence memory in eyewitness testimony.
15. What are cognitive interviews?
16. What are enhanced cognitive interviews?
17. What is rapport building?
18. What is supportive interviewer behaviour?
19. What is transfer of control/focused retrieval /witness compatible questioning?
20. Name any one method a witness recognition memory can be tested.
21. Who are suspects/perpetrators/foils/distractors?
22. What are fair lineups?
23. What are lineups?
24. What are target present lineups?
25. What are target absent lineups?
26. Mention any one factor that decreases accurate voice identification.
27. Mention any one guideline to be followed during eyewitness testimony.

5 marks

1. Write a note on polygraph technique/narco analysis/fmri/ Beosp/Vsa/verbal/ nonverbal


cues to lying
2. Write a short note on memory role
3. Write a short note on enhanced cognitive interviews
4. Write a short note on an one method used in recognition memory
5. Write a short note on public policy and guidelines with regard to lineups.

24
10 marks

1. Explain in detail Polygraph Technique/Narco Analysis/FMRI/ BEOSP/VSA/Verbal/


Nonverbal Cues To Lying. (any two/3 can be clubbed too)
2. Explain in detail recognition of memory in eyewitness testimony. (2 methods can be
clubbed too)

25
THE POLYGRAPH TECHNIQUE

Polygraphy relies on the same underlying principle: Deception is associated with physiological
change.

A polygraph is a device for recording an individual’s autonomic nervous system responses.


Measurement devices are attached to the upper chest and abdomen to measure breathing. The
amount of sweat on the skin is measured by attaching electrodes to the fingertips. Sweat
changes the conductance of the skin, which is known as the skin conductance response. Finally,
heart rate is measured by a partially inflated blood pressure cuff attached to an arm.

APPLICATIONS OF THE POLYGRAPH TEST

The police may ask a suspect to take a polygraph test as a means to resolve the case. If the
suspect fails the polygraph test, that person may be pressured to confess, thereby giving the
police incriminating evidence.

Insurance companies may request a polygraph test to verify the claims of the insured. Polygraph
disclosure tests are used to uncover information about an offender’s past behaviour.

In addition, polygraph tests have been used to determine whether the offender is violating the
conditions of probation or to test for evidence of risky behaviour, such as sexual fantasies about
children.

TYPES OF POLYGRAPH TESTS

Comparison Question Test: A type of polygraph test that includes irrelevant questions that
are unrelated to the crime, relevant questions concerning the crime being investigated, and
comparison questions concerning the person’s honesty and past history prior to the event being
investigated

Concealed Information Test: A type of polygraph test designed to determine if the person
knows details about a crime

The accuracy of the polygraph for detecting lies is debatable.

26
NARCO ANALYSIS

The procedure of the Narco analysis test involves the injection of a drug named
sodium-pentothal, which is also known as “Truth Serum”

This truth serum reduces a person’s self-consciousness and enables him or her to speak freely.
This behavior of speaking freely starts happening when the person becomes less inhibited and
enters a complete hypnotic state.

This stage allows examiners or investigative authorities to ask questions and get real and true
answers.

FMRI

fMRI measures the cerebral blood flow. The most consistent finding from the studies is that the
lie conditions produce greater activation in the prefrontal and anterior cingulate regions as
compared to truth conditions. fMRI laboratory studies have found that deceptive and honest
responses can be detected at accuracies around 90%. When participants did not use the
countermeasure of a simple covert movement (e.g., move your left toe), deception detection
accuracy was 100%, but it was only 33% when the countermeasure was used.

The appeal of using a brain-based lie detection approach is that instead of measuring
emotional arousal, researchers hope that it measures the actual process of deception.

BRAIN ELECTRICAL OSCILLATION SIGNATURE PROFILING

Brain Electrical Oscillation Signature Profiling (BEOSP or BEOS) is an EEG technique by which a
suspect's participation in a crime is detected by eliciting electrophysiological impulses

VOICE STRESS ANALYSIS (VSA)

VSA software programs are designed to measure changes in voice patterns caused by the stress,
or the physical effort, of trying to hide deceptive responses. VSA programs interpret changes in
vocal patterns and indicate on a graph whether the subject is being "deceptive" or "truthful."

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VERBAL AND NONVERBAL BEHAVIOUR CUES TO LYING

The verbal indicator that has been most strongly associated with deception is voice pitch.

VERBAL CUES TO LYING

One of the most reliable indicators was that liars provided fewer details than truth-tellers.

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EYEWITNESS TESTIMONY

THE ROLE OF MEMORY

The concept of memory can be viewed as a process involving several stages.

The encoding stage occurs first, when you perceive and pay attention to details in your
environment. For example, you are perceiving and paying attention when you look at a
stranger’s face and notice his big, bushy eyebrows. To some extent, the stranger’s face and
eyebrows have been encoded. The encoded information then passes into your short-term
holding facility, known as your short-term memory. Your short-term memory has a limited
capacity. Consequently, to make room for other, new information, information in your
short-term memory passes into your longer-term holding facility, known as your long term
memory.

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Memory can be influenced by a lot of factors:

1. Wording of the question matters


2. Stress can influence memory
3. Eyewitnesses can identify their race better
4. If weapon is present ,more focus on that “weapon focus”

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PROCEDURES THAT HELP POLICE INTERVIEW EYEWITNESSES

HYPNOSIS

In some cases, eyewitnesses may be unable to recall very much that was witnessed, possibly
because they were traumatized. With the help of hypnosis, they may be able to recall a greater
amount of information. hypnosis could help witnesses remember crime details. Both visual and
audi- tory information is recalled to a greater degree when individuals close their eyes than
when they keep their eyes open when trying to remember. The difficulty with using hypnosis is
not being able to differentiate between the accurate and inaccurate details.

THE COGNITIVE INTERVIEW

Cognitive interview: Interview procedure for use with eyewitnesses based on principles of
memory storage and retrieval. The cognitive interview is based on four memory-retrieval
techniques to increase recall: (1) reinstating the context, (2) reporting everything, (3) reversing
order, and (4) changing perspective.

Enhanced cognitive interview concepts,

1. Rapport building. An officer should spend time building rapport with the witness and
make him or her feel comfortable and supported.
2. Supportive interviewer behaviour. A witness’s free recall should not be interrupted; pauses
should be waited out by the officer, who should express attention to what the witness is
saying.
3. Transfer of control. The witness, not the officer, should control the flow of the interview;
the witness is the expert—that is, the witness, not the officer, was the person who saw
the crime.
4. Focused retrieval. Questions should be open-ended and not leading or suggestive; after
free recall, the officer should use focused memory techniques to facilitate retrieval.
5. Witness-compatible questioning. An officer’s questions should match the witness’s
thinking; if the witness is talking about clothing, the officer should be asking about
clothing.

Compared with a “standard” police interview conducted in the United Kingdom, the cognitive
interview increased the amount of accurate “person,” “action,” “object,” and “surrounding”
details for each age group without increasing the amount of inaccurate information recalled.

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LINEUP IDENTIFICATION

A lineup identification reduces the uncertainty of whether a suspect is the perpetrator beyond
the verbal description provided. The typical method used to gain proof about the identity of the
perpetrator is to conduct a lineup identification, in which a witness views a group of possible
suspects and determines whether one is the perpetrator

● Fair lineup: A lineup where the suspect does not stand out from the other lineup
members
● Target-present lineup: A lineup that contains the perpetrator
● Target-absent lineup: A lineup that does not contain the perpetrator but rather an
innocent suspect

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UNIT IV

33
QUESTIONS

1 mark

1. What is risk?
2. What are the two considerations of risk of probability?
3. What is intimate partner violence?
4. Mention any 1 myth about intimate partner violence?
5. What is definition of sexual assault?
6. Mention any one reason why adult sexual offender victims don’t report the crime to
police?
7. Mention any 2 types of sexual offenders.
8. Define voyeurs/exhibitionists/rapists/pedophiles/rapists/child molesters.
9. Name the two types of “hands off” sexual offenders.
10. Name the two categories of child molesters.
11. Who are intra familial/incest/extra familial sexual offenders
12. Mention any one or two subtype of rapists based on their motivation.
13. Define pervasively angry type rapist/opportunistic type/sexual/sadistic/vindictive type
of rapists.
14. Mention the reasons to commit sexual offences
15. What is penile phallometry?
16. Mention any one treatment option provided to sexual offenders.
17. What is aversion treatment?
18. What is masturbatory satiation?
19. What is pharmacological intervention?
20. Expand SSRI.

5 marks

1. How has the term “risk “evolved over the decades? DO.4.5.1
2. Write a short note on intimate partner violence. DO.4.5.2
3. What are the myths surrounding intimate partner violence? DO.4.5.3
4. List the reasons as to why adult sexual offender victims don’t report the incident/s to
the police. DO.4.5.4
5. Write a note on any 3/4 types of sexual offenders. DO.4.5.5
6. Mention subtypes of rapists based on motivation any 3. DO.4.5.6
7. What are the factors responsible for the person to commit a sexual offence? DO.4.5.7
8. Explain the treatments given to sexual offenders. DO.4.5.8

10 marks

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1. Define sexual assault. Explain in detail the classification of sexual offenders. DO.4.10.1
2. Explain in detail subtypes of rapists based on their motivation. DO.4.10.2.
3. Explain in detail the reasons for committing sexual offences and the treatment options
given to sexual offenders. DO.4.10.3

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DO.4.5.1 HOW HAS THE TERM RISK EVOLVED OVER THE DECADES?

The concept of "risk" has significantly evolved over the decades, especially within the context of
psychology, criminology, and forensic assessments. Originally, the term primarily referred to
physical dangers or financial losses. Over time, it expanded to include psychological, emotional,
and social risks, as well as the likelihood of recidivism in offenders.

In the field of forensic psychology, risk now involves assessing an individual's potential to
reoffend, the severity of harm they may cause, and the protective factors that can mitigate such
risks. Modern risk assessment frameworks include static risk factors (unchangeable factors,
such as age of first offense) and dynamic risk factors (modifiable factors, like substance abuse
or antisocial attitudes).

The introduction of structured risk assessment tools, such as the HCR-20 (this is a structured
professional judgement of risk assessment with 3 categories: 10 static items (historical), 5
(clinical), 5 (risk management)) and the Youth Level of Service/Case Management Inventory
(YLS/CMI), reflects the increasing sophistication of risk assessment methodologies. These tools
are used not only to predict violent behavior but also to inform intervention and treatment
strategies.

DO.4.5.2 WRITE A SHORT NOTE ON INTIMATE PARTNER VIOLENCE.

Intimate partner violence (IPV) refers to any form of physical, sexual, psychological, or
emotional harm inflicted by a current or former partner or spouse. IPV can occur in all types of
relationships, including heterosexual and same-sex partnerships, and affects individuals across
various age groups, socioeconomic statuses, and cultural backgrounds.

IPV often follows a cycle of violence, which includes:

● Tension-building phase: Escalating tension, arguments, and fear.


● Acute violence phase: Actual physical, emotional, or sexual assault.
● Honeymoon phase: Apologies, promises of change, and temporary reconciliation.

Women are disproportionately affected by IPV, often suffering severe physical injuries,
long-term emotional trauma, and psychological consequences such as depression, anxiety, and
post-traumatic stress disorder (PTSD). In some cases, IPV escalates to homicide. Risk factors for
IPV include substance abuse, economic stress, jealousy, and a history of violence in the
family.

Efforts to address IPV involve legal interventions, therapy for both victims and perpetrators,
and public awareness programs to dismantle myths and stigma around reporting abuse.

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DO.4.5.3 WHAT ARE THE MYTHS SURROUNDING INTIMATE PARTNER VIOLENCE?

Several myths persist about intimate partner violence (IPV), contributing to stigma and
misunderstanding:

1. Myth: IPV is rare or uncommon.


Reality: IPV is widespread across all demographics. Many cases go unreported, which
can give the illusion that it is uncommon.
2. Myth: IPV only happens to women in heterosexual relationships.
Reality: While women are more likely to be victims, IPV also affects men, same-sex
couples, and gender-diverse individuals.
3. Myth: Substance abuse causes IPV.
Reality: While drugs or alcohol may exacerbate violence, they do not cause it. IPV stems
from power imbalances, control, and deep-seated behavioral patterns.
4. Myth: Victims provoke the abuse.
Reality: Abuse is always the responsibility of the perpetrator. No one “deserves” to be
assaulted or harmed.
5. Myth: Leaving the relationship stops the violence.
Reality: Separation often escalates IPV, as perpetrators may retaliate out of anger or
loss of control.
6. Myth: IPV will stop on its own.
Reality: IPV typically worsens over time without intervention, especially if cycles of
violence remain unchecked.

DO.4.5.4 LIST THE REASONS AS TO WHY ADULT SEXUAL OFFENDER VICTIMS DON’T
REPORT THE INCIDENT/S TO THE POLICE.

Many adult victims of sexual offences choose not to report the incidents to law enforcement for
a variety of reasons, including:

1. Belief that the offence is not serious enough: Victims may minimize the harm or
believe the incident does not warrant police involvement.
2. Fear of retaliation: Victims may fear revenge or further violence from the perpetrator.
3. Shame and embarrassment: Social stigma and feelings of humiliation often
discourage victims from reporting.
4. Lack of trust in the justice system: Victims may feel the police will not take their case
seriously or that the offender will not be found or punished.
5. Desire to protect the perpetrator: In cases where the offender is a partner, family
member, or friend, victims may not want to involve the police.

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6. Fear of societal or family backlash: Victims may worry about dishonoring their family
or facing blame from their community.
7. Trauma and avoidance: The emotional burden of reliving the assault through
investigations and trials can be overwhelming.

Addressing these barriers requires systemic change, including victim-centered reporting


systems, public education, and accessible support services.

DO.4.5.5 WRITE A NOTE ON ANY 3/4 TYPES OF SEXUAL OFFENDERS.

Sexual offenders are classified into various types based on the nature of their offenses,
motivations, and target victims. The key types of sexual offenders are:

1. Rapists:
○ These offenders engage in non-consensual sexual acts with victims aged 16 or
older.
○ Rapists are often further categorized based on their motivations, such as
anger-driven, opportunistic, or sadistic. Their assaults may involve varying
levels of violence or psychological manipulation.
2. Child Molesters:
○ These offenders specifically target children under the age of 16 for sexual abuse.
○ Child molesters are further divided into:
■ Intra-familial Child Molesters: Also known as incest offenders, they
abuse children within their own family (e.g., stepchildren, siblings).
■ Extra-familial Child Molesters: These offenders target children outside
their family, such as neighbors, friends, or strangers.
3. Pedophiles:
○ Pedophiles are individuals who experience a persistent sexual attraction toward
prepubescent children.
○ While not all pedophiles act on their urges, those who do often commit child
sexual abuse. Pedophilia is considered a psychological disorder under the
DSM-5.
4. Exhibitionists:
○ Exhibitionists derive sexual gratification from exposing their genitals to
unsuspecting individuals, often in public places.
○ The behavior is usually impulsive and driven by fantasies of shocking or
alarming the victim.
5. Voyeurs:
○ Voyeurs achieve sexual pleasure by secretly observing others in intimate or
private situations, such as undressing, bathing, or engaging in sexual acts.

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○ This behavior often escalates over time and may involve the use of cameras or
technology.
6. Frotteurs:
○ Frotteurs obtain sexual gratification by rubbing against or touching a
non-consenting individual, often in crowded public spaces (e.g., subways or
buses).
○ This behavior is typically impulsive and part of a broader pattern of deviant
sexual arousal.
7. Sadistic Offenders:
○ These offenders combine sexual gratification with inflicting pain, humiliation, or
suffering on their victims.
○ Their crimes are often highly violent and premeditated, as they derive arousal
from the victim's distress.
8. Sexual Harassers:
○ Sexual harassers use verbal, non-verbal, or physical conduct of a sexual nature to
intimidate, manipulate, or degrade their victims.
○ This type of behavior is often seen in workplaces or institutional settings.
9. Cybersex Offenders:
○ These offenders use the internet or digital platforms to engage in illegal sexual
activities, such as grooming minors, sharing child sexual exploitation material,
or participating in cyber voyeurism.
10. Mixed-type Offenders:
○ Some sexual offenders exhibit behaviors characteristic of multiple offender
categories. For example, an individual may engage in both voyeurism and
exhibitionism or target both children and adults.

DO.4.5.6 MENTION SUBTYPES OF RAPISTS BASED ON MOTIVATION (ANY 3).

1. Opportunistic Rapists:
○ These offenders commit rape impulsively when an opportunity arises, often
during the commission of another crime, such as burglary or robbery.
○ Their actions are not premeditated, and they are typically motivated by
situational factors, such as the presence of a vulnerable victim, rather than
deviant sexual fantasies.
○ They display little to no concern for the victim's well-being.
2. Pervasively Angry Rapists:
○ These offenders are characterized by high levels of anger directed at both men
and women.

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○ Their assaults are often excessively violent, and the violence appears to stem
from their generalized rage rather than a specific sexual desire.
○ The primary motivation is to inflict harm, pain, and humiliation on the victim,
and sexual gratification may be secondary.
3. Sexual Gratification Rapists:
○ The primary motivation for these offenders is sexual gratification. They are
driven by persistent sexual urges or fantasies.
○ Their assaults may or may not involve physical violence, depending on the
offender's level of impulsivity and the victim's response.
4. Sadistic Rapists:
○ Sadistic rapists derive sexual arousal from the victim's pain, suffering, or
humiliation.
○ Their assaults are premeditated and often involve extreme violence, torture, or
degrading acts.
○ Sadistic rapists tend to have highly deviant sexual fantasies and may plan their
attacks to fulfill these fantasies.
5. Vindictive Rapists:
○ These offenders are motivated by a desire for revenge, often targeting individuals
they perceive as having wronged or humiliated them.
○ Their assaults are intended to degrade and humiliate the victim, and their
actions often involve excessive violence and verbal abuse.
○ Unlike the pervasively angry rapist, vindictive rapists direct their anger
specifically at the victim, whom they view as a symbol of their grievances.
6. Power-Reassurance (or Compensatory) Rapists:
○ These rapists commit sexual assaults to compensate for feelings of inadequacy or
powerlessness.
○ They often fantasize about being in a consensual sexual relationship and may
believe their victims enjoyed the assault.
○ Their attacks typically involve minimal violence, as the offender’s goal is to feel
validated rather than to inflict harm.
7. Power-Assertive Rapists:
○ These offenders use rape to assert dominance, control, and power over their
victims.
○ They are often confident, impulsive, and act on a sense of entitlement, viewing
the assault as a demonstration of their masculinity.
○ Their attacks may involve moderate to significant violence, particularly if the
victim resists.

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DO.4.5.7 WHAT ARE THE FACTORS RESPONSIBLE FOR A PERSON TO COMMIT A
SEXUAL OFFENCE?

Several factors contribute to sexual offending, including:

1. Childhood Abuse: Individuals with histories of sexual, physical, or emotional abuse


may develop deviant behaviors.
2. Social and Emotional Inadequacy: Poor social skills, isolation, and a lack of intimate
relationships can increase the likelihood of offending.
3. Cognitive Distortions: Offenders often justify their actions through distorted beliefs,
such as minimizing harm or blaming victims.
4. Impulsivity and Poor Self-Control: A lack of ability to regulate emotions or desires
can lead to offending.
5. Deviant Sexual Interests: Paraphilias, such as voyeurism, exhibitionism, or sadism,
may drive sexual offenses.
6. Substance Abuse: Alcohol and drugs can impair judgment and disinhibit behavior,
contributing to sexual offences.

DO.4.5.8 EXPLAIN THE TREATMENTS GIVEN TO SEXUAL OFFENDERS.

Treatment for sexual offenders focuses on reducing recidivism and addressing underlying
issues. Key treatments include:

1. Cognitive-Behavioral Therapy (CBT):


○ CBT addresses distorted thinking patterns, denial, and justifications used by
offenders.
○ It helps offenders recognize the impact of their behavior and develop healthier
coping strategies.
2. Victim Empathy Training:
○ Offenders are encouraged to understand the harm caused to victims, fostering
accountability and empathy.
3. Relapse Prevention:
○ Offenders learn strategies to identify triggers, manage urges, and avoid high-risk
situations.
4. Pharmacological Interventions:
○ Medications, such as anti-androgens, are sometimes used to reduce sexual
arousal in high-risk offenders.
5. Substance Abuse Treatment:

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○ For offenders with addiction issues, treating substance use is critical to prevent
reoffending.

Research indicates that cognitive-behavioral programs are the most effective at reducing
reoffending, especially when combined with individualized treatment plans tailored to the
offender's risk factors and needs.

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DO.4.10.1 DEFINE SEXUAL ASSAULT. EXPLAIN IN DETAIL THE CLASSIFICATION OF
SEXUAL OFFENDERS.

Sexual assault refers to any non-consensual sexual act, touching, or behavior committed by one
person against another. It involves the use of coercion, manipulation, threats, or force to
engage in sexual activities without the explicit and voluntary agreement of the victim. The legal
definition encompasses a broad range of behaviors, including rape, sexual touching, and
exploitation. It is critical to note that sexual assault can occur regardless of gender, relationship
status, or age and does not always involve physical force—psychological coercion and threats
are also forms of sexual assault.

Sexual assault is legally categorized into three levels based on the severity of the offence and
the extent of harm caused:

1. Level 1 – Simple Sexual Assault:


○ Involves non-consensual sexual acts such as unwanted touching, kissing, or
groping.
○ It includes situations where minimal or no physical injury occurs.
○ This offence carries a maximum penalty of 10 years imprisonment.
2. Level 2 – Sexual Assault with a Weapon or Causing Bodily Harm:
○ Involves the use of a weapon, threats, or actions that cause physical harm to the
victim.
○ This level signifies a higher degree of violence and intimidation, often leaving
the victim with both physical and emotional trauma.
○ The maximum penalty for this offence is 14 years imprisonment.
3. Level 3 – Aggravated Sexual Assault:
○ This is the most severe category, where the victim sustains serious bodily harm,
life-threatening injuries, or lasting physical damage as a result of the assault.
○ The offender may use excessive violence or brutality in carrying out the assault.
○ The maximum penalty is life imprisonment.

The classification into levels reflects the seriousness of the act and provides the legal
framework for sentencing offenders accordingly.

Classification of Sexual Offenders

Sexual offenders are categorized based on their behaviors, motivations, target victims, and
offending patterns. The classification helps professionals in forensic psychology, law

43
enforcement, and criminal justice design appropriate interventions, treatments, and risk
management strategies. The major classifications of sexual offenders are as follows:

1. Rapists:
○ Rapists sexually assault victims aged 16 and older.
○ Their actions are often characterized by the use of force, threats, or
manipulation.
○ Rapists may fall into subcategories based on their motivations, such as power,
anger, or sexual gratification (elaborated further in DO.4.10.2).
2. Child Molesters:
○ These offenders specifically target children under the age of 16.
○ They are further divided into:
■ Intra-familial Child Molesters (Incest Offenders): Offenders who
sexually abuse children within their own families, such as stepchildren,
siblings, or extended family members. This abuse often involves secrecy
and power dynamics.
■ Extra-familial Child Molesters: Offenders who target children outside
their family, such as neighbors, students, or strangers.
3. Pedophiles:
○ Pedophiles are adults who experience persistent sexual attraction to
prepubescent children.
○ Not all pedophiles act on their urges, but those who do may commit offences like
child molestation, child pornography consumption, or grooming.
○ Pedophilia is classified as a psychological disorder under the DSM-5.
4. Exhibitionists:
○ Exhibitionists derive sexual arousal from exposing their genitals to unsuspecting
individuals in public spaces.
○ This behavior is motivated by fantasies of shocking or alarming others and is
considered a paraphilic disorder.
5. Voyeurs:
○ Voyeurs achieve sexual gratification by secretly observing others in intimate or
private situations, such as undressing, bathing, or engaging in sexual activity.
○ This behavior often escalates with time and may involve the use of cameras or
technology to invade victims’ privacy.
6. Frotteurs:
○ Frotteurs seek sexual arousal by touching or rubbing against non-consenting
individuals, usually in crowded public settings, such as buses or trains.
○ This behavior is opportunistic and part of a broader pattern of deviant sexual
arousal.

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7. Sadistic Offenders:
○ These individuals combine sexual gratification with inflicting pain, suffering, or
humiliation on their victims.
○ Their assaults are often highly violent, premeditated, and may involve torture or
degrading acts.
○ Sadistic offenders are among the most dangerous and violent sexual offenders.
8. Cybersex Offenders:
○ These offenders exploit technology and the internet to commit sexual crimes.
Examples include:
■ Sharing or producing child sexual exploitation materials (child
pornography).
■ Grooming minors online for sexual purposes.
■ Engaging in voyeurism through hidden cameras or hacking private
content.
9. Mixed-type Offenders:
○ Some offenders exhibit behaviors and characteristics of multiple offender
categories. For instance, a person may be both a voyeur and an exhibitionist or
target both adults and children.

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DO.4.10.2 EXPLAIN IN DETAIL THE SUBTYPES OF RAPISTS BASED ON THEIR
MOTIVATION.

The classification of rapists based on motivation is critical for understanding the psychological
underpinnings and behaviors associated with their crimes. Two prominent models are
commonly used to identify and categorize rapists:

1. The Massachusetts Treatment Center Rapist Typology, Revision 3 (MTC:R3)


2. Groth’s Classification of Rapists

Both models focus on identifying the motivation, level of violence, and psychological intent
behind the offender's actions. These classifications help forensic psychologists, law
enforcement, and the legal system determine the risk levels and treatment needs of offenders.

1. MASSACHUSETTS TREATMENT CENTER RAPIST TYPOLOGY (MTC:R3)

This model, developed by Knight and Prentky, categorizes rapists into five main subtypes based
on their motivations and behavioral patterns. The subtypes are:

1.1 Opportunistic Rapists

● Motivation: Opportunistic rapists act impulsively when the opportunity for sexual
assault arises, such as during another crime (e.g., burglary).
● Characteristics:
○ Their behavior is not premeditated or driven by persistent sexual fantasies.
○ These offenders are often motivated by situational factors, such as the victim’s
vulnerability or lack of witnesses.
○ They display minimal concern for the victim and use just enough force to achieve
their goal.
● Violence Level: Low to moderate. Violence occurs primarily if the victim resists.
● Example: A burglar who rapes a victim after discovering they are alone at home.

1.2 Pervasively Angry Rapists

● Motivation: These rapists exhibit intense and generalized anger directed at both men
and women. Their assaults are fueled by rage rather than sexual gratification.
● Characteristics:
○ They use excessive violence and often cause severe physical harm to their
victims.
○ The assault is characterized by high levels of aggression that are
disproportionate to the victim’s resistance.

46
○ The offender’s anger is pervasive, not specifically directed at the victim.
● Violence Level: High. Victims often sustain significant injuries.
● Example: A rapist who attacks and brutalizes a random victim to vent pent-up anger
and frustration.

1.3 Sexual Rapists

● Motivation: Sexual gratification is the primary motivation for these offenders, often
stemming from deviant sexual fantasies.
● Subtypes:
○ Non-sadistic Sexual Rapists: These offenders seek sexual fulfillment but do not
derive pleasure from causing harm to their victims. Their violence is typically
minimal.
○ Sadistic Sexual Rapists: These offenders combine sexual gratification with
sadistic pleasure, deriving arousal from the victim’s pain, suffering, or
humiliation. Their behavior is often premeditated and involves rituals or
extreme violence.
● Violence Level: Ranges from low (non-sadistic) to extreme (sadistic).
● Example: A sadistic rapist who meticulously plans an attack and tortures the victim to
fulfill violent fantasies.

1.4 Vindictive Rapists

● Motivation: Vindictive rapists aim to degrade, humiliate, and punish their victims.
Their assaults are driven by deep-seated anger toward women specifically, often
stemming from personal grievances or perceived wrongs.
● Characteristics:
○ The offender selects victims as symbols of their anger and seeks to exert
dominance over them.
○ The violence is deliberate and targeted to demean the victim.
○ Unlike pervasively angry rapists, vindictive rapists’ rage is directed specifically at
their victims rather than generalized toward all individuals.
● Violence Level: Moderate to high, with a focus on verbal abuse, humiliation, and
physical harm.
● Example: A man who rapes his ex-partner to punish her for ending the relationship.

2. GROTH’S CLASSIFICATION OF RAPISTS

Nicholas Groth developed a simplified model that divides rapists into three broad categories
based on their motivations:

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2.1 Anger Rapists

● Motivation: The primary driver is anger and rage rather than sexual desire. The rape is
used as an outlet to express resentment and frustration.
● Characteristics:
○ Offenders use excessive force that often exceeds what is necessary to subdue the
victim.
○ The assault is impulsive and may involve physical harm, verbal abuse, and
humiliation.
○ Approximately 50% of rapes fall into this category.
● Example: An offender who brutally assaults a stranger during an emotional outburst.

2.2 Power Rapists

● Motivation: Power rapists are motivated by the desire to assert dominance, control, and
authority over their victims. Rape serves as a way to compensate for feelings of
inadequacy or insecurity.
● Characteristics:
○ These offenders view the assault as a demonstration of their masculinity and
power.
○ Their assaults are often planned, with varying degrees of violence depending on
the victim’s resistance.
○ Approximately 40% of rapes are committed by power rapists.
● Example: A rapist who targets vulnerable individuals to feel powerful and in control.

2.3 Sadistic Rapists

● Motivation: Sadistic rapists derive sexual gratification from the victim’s suffering, pain,
or humiliation. Their behavior aligns with sadistic fantasies that combine violence and
sexual arousal.
● Characteristics:
○ These offenders carefully plan their assaults to fulfill violent and degrading
fantasies.
○ They often engage in torture, bondage, or ritualistic acts during the assault.
○ Sadistic rapists represent approximately 5% of all rapists.
● Violence Level: Extremely high. Victims may suffer severe injuries or even death.
● Example: An offender who tortures and sexually assaults a victim while recording the
incident to relive the act later.

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ASSESSMENT AND TREATMENT OF YOUNG OFFENDERS

The assessment and treatment of young offenders is a specialized area within forensic
psychology that addresses the unique needs and challenges associated with juvenile
delinquency. Young offenders often exhibit different psychological, social, and developmental
characteristics compared to adult offenders, necessitating tailored approaches for effective
intervention.

ASSESSMENT OF YOUNG OFFENDERS

Assessment involves a comprehensive evaluation of the young offender's psychological state,


behavioral patterns, and social environment. Key components include:

● Psychological Evaluation: This typically includes standardized assessments to measure


cognitive abilities, personality traits, and mental health disorders. Tools such as the
Child Behavior Checklist (CBCL) or the Youth Self-Report (YSR) are commonly used to
identify emotional and behavioral issues.
● Risk Assessment: Instruments like the Youth Level of Service/Case Management
Inventory (YLS/CMI) help identify risk factors related to reoffending. These assessments
evaluate various domains, including family circumstances, education, peer
relationships, and substance use.
● Developmental Considerations: Understanding the developmental stage of the young
offender is crucial. Adolescents are still undergoing significant cognitive and emotional
development, which can influence their behavior and decision-making processes.
● Family and Social Context: Assessing the offender's family dynamics, peer influences,
and socio-economic conditions is essential for identifying contributing factors to their
delinquent behavior. Family history of criminal behavior or substance abuse can
significantly impact a young person's trajectory.

TREATMENT APPROACHES

Treatment for young offenders aims to address the underlying issues contributing to their
criminal behavior while promoting rehabilitation and reintegration into society. Common
treatment modalities include:

● Cognitive Behavioral Therapy (CBT): CBT is widely used in treating young offenders as it
focuses on changing maladaptive thought patterns and behaviors. It helps individuals
develop coping strategies, improve problem-solving skills, and manage emotions
effectively.

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● Family Therapy: Involving family members in the treatment process can address
systemic issues that contribute to delinquent behavior. Family therapy aims to improve
communication, resolve conflicts, and strengthen family bonds.
● Skill Development Programs: These programs focus on enhancing social skills,
emotional regulation, conflict resolution abilities, and decision-making skills. They may
include life skills training that prepares young offenders for successful reintegration into
society.
● Restorative Justice Programs: These programs emphasize repairing harm caused by
criminal behavior through reconciliation between offenders and victims. Restorative
justice encourages accountability while promoting healing for both parties involved.

CHALLENGES IN ASSESSMENT AND TREATMENT

The assessment and treatment of young offenders face several challenges:

● Stigma: Young offenders often encounter societal stigma that can hinder their
rehabilitation efforts.
● Engagement: Engaging young offenders in treatment can be difficult due to resistance or
lack of motivation.
● Recidivism: High rates of recidivism among young offenders highlight the need for
effective interventions that address not only immediate behavioral issues but also
long-term developmental needs.

DO.4.10.3 EXPLAIN IN DETAIL THE REASONS FOR COMMITTING SEXUAL OFFENCES


AND THE TREATMENT OPTIONS GIVEN TO SEXUAL OFFENDERS.

Sexual offending is a complex behavior that often results from an interplay of psychological,
social, biological, and environmental factors. The motivations behind sexual offences can vary
significantly based on the offender's background, personality, and situational context. The key
reasons include:

1. Deviant Sexual Interests and Fantasies


○ Many sexual offenders are driven by persistent deviant sexual fantasies or
urges, such as pedophilia (sexual attraction to children), sadism (arousal through
pain and humiliation), or voyeurism (sexual pleasure from observing others
without consent).
○ Tools like penile plethysmography are used to measure offenders' physiological
arousal patterns to identify such deviant sexual interests.
○ These fantasies often escalate over time, leading offenders to act on their urges.
2. Power, Control, and Dominance

50
○ For some offenders, sexual violence is less about sexual gratification and more
about asserting power and dominance over their victims.
○ These offenders view the assault as a demonstration of control, often targeting
vulnerable individuals to compensate for feelings of insecurity, inadequacy, or
failure in their personal or professional lives.
○ This is common among power rapists and those who commit sexual offences in
situations of conflict or revenge.
3. Cognitive Distortions and Justifications
○ Offenders often use cognitive distortions to justify or rationalize their
behavior. Examples include:
■ "The victim was asking for it."
■ "Children enjoy sexual attention."
■ "It wasn’t that serious; the victim is exaggerating."
○ These distorted beliefs allow offenders to deny responsibility, minimize the harm
caused, and continue offending without feeling guilt or remorse.
4. Social and Emotional Inadequacy
○ Offenders with poor social skills, low self-esteem, or a lack of intimacy may turn
to sexual offending as a maladaptive way to fulfill their emotional or sexual
needs.
○ These individuals may struggle to form healthy relationships and instead resort
to deviant or coercive sexual behaviors.
○ For instance, child molesters may target children because they perceive them as
less threatening and easier to manipulate than adults.
5. Impulse Control and Poor Self-Regulation
○ Some offenders act impulsively due to poor self-control and difficulty managing
their emotions or sexual urges.
○ Factors such as substance abuse, stress, or mental illness can exacerbate
impulsive behaviors, leading to offending.
○ Opportunistic rapists, for example, commit sexual offences in situations where
an opportunity arises without premeditation.
6. Environmental and Situational Factors
○ Situational factors such as alcohol or drug use, exposure to pornography, or
lack of supervision can increase the likelihood of sexual offending.
○ Alcohol and drugs impair judgment and lower inhibitions, enabling offenders to
act on their deviant impulses.
○ Exposure to violent or degrading pornography may normalize or reinforce
harmful sexual behaviors.

TREATMENT OPTIONS FOR SEXUAL OFFENDERS

51
The treatment of sexual offenders aims to reduce recidivism (re-offending) and address the
psychological, emotional, and behavioral issues underlying their offending patterns. Successful
treatment programs focus on risk management, accountability, and relapse prevention. Key
treatment options include:

1. Cognitive-Behavioral Therapy (CBT)


○ CBT is one of the most widely used and evidence-based treatments for sexual
offenders.
○ The goal is to identify and challenge cognitive distortions (e.g.,
victim-blaming, denial) and replace maladaptive thoughts with healthier, more
realistic beliefs.
○ CBT helps offenders develop strategies to manage their sexual urges, recognize
triggers, and avoid high-risk situations.
○ Offenders learn to take accountability for their actions and understand the
impact of their behavior on victims.
2. Relapse Prevention Programs
○ Relapse prevention is a core component of sexual offender treatment. It teaches
offenders to recognize the “offense cycle”, which includes:
■ Emotional triggers (e.g., stress, anger, loneliness).
■ High-risk situations (e.g., unsupervised time with children, substance
use).
■ Deviant sexual fantasies and behaviors.
○ Offenders are taught coping mechanisms and strategies to interrupt this cycle,
such as avoiding risky environments, developing healthy habits, and seeking
support when needed.
3. Pharmacological Interventions
○ Medications are sometimes used alongside therapy to manage deviant sexual
urges and compulsive behaviors. Common pharmacological treatments include:
■ Anti-androgens: Medications like medroxyprogesterone acetate
(MPA) reduce testosterone levels and suppress sexual arousal. This is
often referred to as “chemical castration.”
■ Selective Serotonin Reuptake Inhibitors (SSRIs): These medications,
commonly used for depression and anxiety, can reduce compulsive sexual
behaviors and intrusive sexual thoughts.
○ Pharmacological treatments are typically reserved for high-risk offenders, such
as those with severe sadistic tendencies or compulsive offending behaviors.
4. Victim Empathy Training

52
○ Many offenders lack empathy for their victims or minimize the harm caused.
Victim empathy training encourages offenders to understand and acknowledge
the physical, emotional, and psychological damage inflicted on their victims.
○ By fostering empathy and accountability, this approach helps offenders develop a
deeper sense of responsibility.
5. Aversion Therapy
○ Aversion therapy aims to reduce deviant sexual arousal by pairing deviant
fantasies with unpleasant stimuli (e.g., nausea-inducing drugs or aversive
imagery).
○ Over time, the association between deviant fantasies and discomfort helps
diminish the offender’s arousal to such fantasies.
6. Social Skills Training
○ Many sexual offenders, particularly those who target children or vulnerable
individuals, lack appropriate social and relationship-building skills.
○ Social skills training focuses on improving communication, emotional
regulation, and relationship development to reduce reliance on maladaptive
sexual behaviors.
7. Group Therapy
○ Group therapy allows offenders to share their experiences, receive feedback, and
learn from others with similar struggles.
○ Facilitated by trained professionals, group therapy challenges offenders'
cognitive distortions, promotes accountability, and reinforces coping strategies.
8. Community-Based Management and Supervision
○ For offenders released into the community, ongoing supervision, risk
assessment, and treatment are essential to prevent recidivism.
○ Strategies include regular check-ins with parole officers, participation in therapy
programs, and electronic monitoring to ensure compliance with conditions.

EFFECTIVENESS OF TREATMENT

● Research indicates that cognitive-behavioral approaches and relapse prevention


programs are the most effective in reducing recidivism among sexual offenders.
● Treatment is most successful when tailored to the offender’s risk level, offending
patterns, and specific needs. High-risk offenders typically require more intensive and
long-term interventions.
● Combining therapy with pharmacological interventions has shown promise for
managing compulsive or high-risk offenders.

53
UNIT V

54
QUESTIONS

1 mark

1. What are hard laws pertaining to mental health?


2. What are soft laws pertaining to mental health?
3. Name soft laws /hard laws.
4. Differentiate between hard law and soft law.
5. What is forensic psychiatry?
6. Which section of IPC is the basis for insanity defense?
7. Explain IPC section 84
8. IPC section 84 is based on whose rule?
9. Why is the term “insanity of the mind” used?
10. Mention the principles of insanity defense
11. Which is the fitness instrument used in India for forensic psychiatry cases?
12. Mention any 2 roles of a forensic psychiatrist
13. What is reoffending also referred to as?
14. What are the uses of doing risk assessment?
15. What is risk ?
16. Name two types of risk factors?
17. What are static risk factors?
18. What are dynamic risk factors?
19. Mention any 2 limitations with regard to rehabilitation.

5 marks

1. Write a short note on hard and soft laws pertaining to mental health. DO.5.5.1
2. Write a note on the law of insanity defense. DO.5.5.2
3. Role of a forensic psychiatrist. DO.5.5.3
4. Risk assessment and reoffending. DO.5.5.4
5. Risk factors. DO.5.5.5
6. Approaches to rehabilitation in Indian prisons. DO.5.5.6
7. Limitations of rehabilitation in Indian prisons. DO.5.5.7

10 marks

1. Explain in detail Indian Law on the Defense of Insanity. DO.5.10.1


2. Explain in detail the risk factors for reoffending. DO.5.10.2
3. Explain in detail approaches to rehabilitation and its limitations in Indian prisons.
DO.5.10.3

55
DO.5.5.1 HARD AND SOFT LAWS PERTAINING TO MENTAL HEALTH

Hard Laws

In India, hard laws related to mental health include several key legislations that establish legal
frameworks for the treatment and rights of individuals with mental health issues. Notable
among these are:

● The Mental Health Act, 1987: This act provides a framework for the care and treatment of
mentally ill individuals.
● The Protection of Human Rights Act, 1993: It safeguards the rights of individuals,
including those with mental health conditions.
● Persons with Disabilities Act, 1995: This act ensures rights and entitlements for persons
with disabilities, including mental health issues.
● The National Trust Act, 1999: It aims to promote and protect the rights of persons with
disabilities.
● Protection of Women from Domestic Violence Act, 2005: This law includes provisions for
women suffering from mental health issues due to domestic violence.
● Protection of Children from Sexual Offences Act, 2012: It addresses the mental health
consequences for children who are victims of sexual offences.

Soft Laws

Soft laws are non-binding guidelines or policies that aim to improve mental health care but do
not have legal enforceability. Examples include:

● National Mental Health Policy, 2014: This policy outlines the government's commitment
to improving mental health services.
● National Mental Health Programme: It focuses on integrating mental health into primary
healthcare.

56
DO.5.5.2 LAW OF INSANITY DEFENSE

The insanity defense in India is primarily articulated in Section 84 of the Indian Penal Code
(IPC), which stipulates that a person who is of unsound mind at the time of committing an act
cannot be held criminally responsible for that act. This legal provision reflects a broader
understanding of mental health, moving beyond the traditional definition of insanity.

Key Provisions of Section 84 IPC

1. Unsoundness of Mind: The term "unsound mind" is preferred over "insanity" because it
encompasses a wider range of mental health conditions. This allows for various
psychiatric disorders to be considered when evaluating an individual’s mental state at
the time of the offense.
2. Cognitive Incapacity: For the defense to be applicable, it must be established that the
accused was unable to understand the nature of their act or recognize that it was wrong
or contrary to law due to their mental condition.
3. M’Naghten Rule: The principles underlying this defense are derived from the M’Naghten
Rule, which emphasizes cognitive incapacity. This rule states that if a person is unable
to know the nature and quality of their act or does not understand that what they are
doing is wrong, they may be excused from criminal liability.

Legal Interpretation and Applications

The application of Section 84 has been shaped by various landmark judgments in India, which
clarify its interpretation and implementation:

● Ratan Lal v. State of Madhya Pradesh: This case highlighted the importance of
establishing a direct link between the accused's mental state and the act committed.
● Seralli Wali Mohammad v. State of Maharashtra: The court emphasized the necessity for
thorough psychiatric evaluation in determining unsoundness of mind.
● Shrikant Anandrao Bhosale v. State of Maharashtra: This judgment reinforced the need
for evidence demonstrating that the accused was incapable of understanding their
actions at the time of the offense.

Assessment Tools

Forensic psychiatrists often use structured assessment tools like the NIMHANS Detailed
Workup Proforma for Forensic Psychiatry Patients to evaluate individuals claiming insanity.
This proforma has been adapted over time to meet clinical and legal requirements, ensuring
comprehensive evaluations that consider both psychiatric and legal perspectives.

57
DO.5.5.3 ROLE OF A FORENSIC PSYCHIATRIST

Forensic psychiatry is a specialized field that merges the principles of psychiatry with the legal
system. Forensic psychiatrists play a crucial role in various legal contexts, particularly in
criminal cases where mental health issues are involved. Their responsibilities encompass a
broad range of activities aimed at evaluating and understanding the mental state of individuals
involved in legal proceedings.

KEY RESPONSIBILITIES

1. Review of Legal Documents: Forensic psychiatrists begin their assessments by


reviewing relevant legal documents, including:
a. First Information Reports (FIRs): These provide initial details about the crime
and the accused.
b. Post-Mortem Reports: Essential for understanding the circumstances
surrounding a death in cases involving homicide.
c. Crime Scene Photographs: Visual evidence that aids in contextualizing the crime.
d. Interviews with Family Members: Gathering insights about the accused's mental
health history and behavior from those close to them.
e. Past Psychiatric Reports: Previous evaluations can provide a baseline for
understanding the individual’s mental health trajectory.
2. Assessment of Presenting Illness: The psychiatrist conducts a thorough assessment of
the accused's mental health history and current condition. This includes:
a. Understanding symptoms, onset, and duration of mental health issues.
b. Notifying the accused about confidentiality limitations, particularly if there are
legal obligations to disclose certain information.
3. Evaluation of Mental State at Time of Offense: A critical aspect of forensic
psychiatry involves determining the mental state of the accused during the commission
of the alleged crime. This assessment helps establish whether they were capable of
understanding their actions or discerning right from wrong.
4. Diagnosis: Based on their evaluations, forensic psychiatrists diagnose any psychiatric
conditions that may be relevant to the case. This diagnosis is essential for determining
any potential defenses based on mental illness, such as the insanity defense under
Section 84 of the IPC.
5. Expert Testimony: Forensic psychiatrists may be called upon to provide expert
testimony in court, explaining their findings and opinions regarding the mental state of
the accused. Their expertise can significantly influence judicial outcomes, particularly in
cases involving claims of insanity or diminished capacity.

58
6. Treatment Recommendations: In cases where individuals are found not guilty by
reason of insanity or are deemed unfit to stand trial, forensic psychiatrists may
recommend appropriate treatment options, which could include hospitalization or
outpatient care.

IMPORTANCE IN LEGAL CONTEXTS

The role of forensic psychiatrists is vital in ensuring that justice is served while also considering
the mental health needs of individuals within the legal system. Their evaluations help courts
make informed decisions regarding:

● Criminal responsibility
● Sentencing
● Treatment options for mentally ill offenders

By bridging the gap between mental health and law, forensic psychiatrists contribute to a more
nuanced understanding of criminal behavior and its underlying psychological factors.

CHALLENGES FACED

Forensic psychiatrists often face challenges such as:

● Limited access to comprehensive medical records.


● The need for timely assessments under tight legal deadlines.
● Navigating complex ethical dilemmas related to confidentiality and disclosure.

Their work requires not only clinical expertise but also an understanding of legal principles and
procedures, making it a unique and demanding field within psychiatry.

59
DO.5.5.4 & DO.5.5.5 RISK ASSESSMENT AND REOFFENDING & RISK FACTORS

Risk assessment is essential in predicting recidivism (reoffending) among individuals involved


in criminal activities. Factors influencing reoffending can be categorized into:

STATIC RISK FACTORS

These are immutable characteristics associated with higher risks:

● Younger age
● Male gender
● Minority ethnic background
● Prior criminal history

DYNAMIC RISK FACTORS

These factors can change over time and may influence rehabilitation:

● Antisocial cognition (beliefs justifying criminal behavior)


● Antisocial associates (relationships with other criminals)
● Antisocial personality traits (impulsivity, risk-taking)
● Substance abuse issues
● Family or marital problems

60
DO.5.5.6 APPROACHES TO REHABILITATION IN INDIAN PRISONS

Rehabilitation programs in Indian prisons aim to reintegrate inmates into society through
various initiatives, including:

● Basic education completion programs.


● Vocational training courses to enhance employability.
● Wage earning and gratuity schemes to encourage work participation.
● Cultural activities like 'Ethnic Tihar' that promote artistic expression.
● Yoga and meditation classes to improve mental well-being.

Tihar Jail is notable for its comprehensive rehabilitation efforts, including partnerships with
educational institutions like IGNOU and NIOS.

61
DO.5.5.7 LIMITATIONS OF REHABILITATION IN INDIAN PRISONS

Despite efforts towards rehabilitation, Indian prisons face significant challenges:

● Overcrowding and inadequate facilities hinder effective rehabilitation.


● Lack of resources for proper care and treatment leads to poor living conditions.
● Isolation from family and societal reintegration concerns create psychological burdens
on inmates.
● Insufficient food and basic necessities due to overcrowding exacerbate inmate suffering.

62
DO.5.10.1 INDIAN LAW ON THE DEFENSE OF INSANITY (same shit just expand)

The defense of insanity in India is primarily governed by Section 84 of the Indian Penal Code
(IPC). This section states that:

● A person who, at the time of committing an act, is of unsound mind and therefore
unable to understand the nature of the act or discern right from wrong cannot be held
criminally responsible for that act.

KEY PRINCIPLES

1. Unsound Mind: The term "unsound mind" is preferred over "insanity," which has a
narrower scope. This broader definition allows for various mental health conditions to
be considered.
2. Cognitive Incapacity: The accused must demonstrate that they were incapable of
knowing the nature of their actions or recognizing that what they were doing was wrong
or against the law.
3. M’Naghten Rule: The legal framework follows the principles established by the
M’Naghten Rule, which emphasizes cognitive incapacity at the time of the offense.

LANDMARK CASES

Several cases have shaped the application of this defense in India:

● Ratan Lal v. State of Madhya Pradesh


● Seralli Wali Mohammad v. State of Maharashtra
● Shrikant Anandrao Bhosale v. State of Maharashtra
● Jai Lal v. Delhi Administration

These cases have provided judicial interpretations that clarify how the insanity defense is
applied in practice.

ASSESSMENT INSTRUMENTS

Forensic psychiatrists utilize tools like the NIMHANS Detailed Workup Proforma for evaluating
individuals claiming insanity, ensuring a structured assessment that meets both clinical and
legal standards.

63
DO.5.10.2 RISK FACTORS FOR REOFFENDING

Risk assessment is a critical component of the criminal justice system, particularly in evaluating
the likelihood of reoffending, also known as recidivism. Understanding the factors that
contribute to reoffending is essential for developing effective interventions and rehabilitation
programs aimed at reducing crime rates.

IMPORTANCE OF RISK ASSESSMENT

Risk assessment plays a prominent role in various aspects of the criminal justice process,
including:

● Bail Decisions: Courts use risk assessments to determine whether to grant bail and
under what conditions.
● Parole Decisions: Parole boards evaluate the risk of reoffending to decide if an inmate
can be released early.
● Rehabilitation Programs: Assessments inform the design and implementation of
rehabilitation programs tailored to individual needs and risks.

RECIDIVISM STATISTICS

Recidivism remains a persistent issue across global criminal justice systems. Research indicates
that:

● Approximately 50% of individuals who are convicted may reoffend within 3 to 5 years
after their initial offense.
● Recidivism rates can vary significantly based on factors such as the type of offense,
demographic characteristics, and the effectiveness of rehabilitation programs.

TYPES OF RISK FACTORS

Risk factors for reoffending can be categorized into two main types: static and dynamic risk
factors.

Static Risk Factors

Static risk factors are characteristics that do not change over time and are not amenable to
intervention. These include:

● Age: Younger individuals tend to have higher recidivism rates.


● Gender: Males are statistically more likely to reoffend than females.
● Ethnicity: Certain minority groups may exhibit higher rates of recidivism.

64
● Criminal History: A prior record of offenses is one of the strongest predictors of future
criminal behavior.

Dynamic Risk Factors

Dynamic risk factors are characteristics that can change over time and can be targeted through
intervention efforts. These include:

● Antisocial Cognition: Offense-supportive beliefs and attitudes increase the likelihood of


reoffending. Individuals who justify their criminal behavior are at higher risk.
● Antisocial Associates: Relationships with other criminals or antisocial peers elevate the
risk of recidivism.
● Antisocial Personality Traits: Traits such as impulsivity, risk-taking, and aggression
contribute to criminal behavior.
● Substance Abuse Issues: Problems with drugs or alcohol can lead to further offenses,
especially if untreated.
● Family or Marital Problems: Difficulties in personal relationships can exacerbate
criminal behavior.

ASSESSMENT TOOLS AND METHODOLOGIES

Various tools and methodologies are used in risk assessment, including:

● Structured Risk Assessment Instruments: Tools like the Level of Service


Inventory-Revised (LSI-R) and the Static-99 are commonly used to evaluate offenders'
risks based on static and dynamic factors.
● Clinical Judgments: Forensic psychologists often rely on clinical assessments alongside
structured instruments to provide a comprehensive evaluation.

IMPLICATIONS FOR REHABILITATION

Understanding risk factors is crucial for developing effective rehabilitation strategies. Programs
can be tailored based on identified risks, focusing on dynamic factors that can be modified
through targeted interventions. For example:

● Cognitive-behavioral therapy (CBT) can address antisocial cognition.


● Substance abuse treatment programs can help mitigate substance-related risks.
● Social skills training can improve interpersonal relationships, reducing associations with
antisocial peers.

Effective risk assessment is vital for reducing recidivism rates within the criminal justice
system. By identifying both static and dynamic risk factors, practitioners can implement

65
targeted interventions that address the specific needs of offenders, ultimately contributing to
safer communities and more successful rehabilitation outcomes.

66
DO.5.10.3 APPROACHES TO REHABILITATION IN INDIAN PRISONS

Rehabilitation in Indian prisons encompasses a variety of programs designed to reintegrate


inmates into society. Notable approaches include:

EDUCATIONAL AND VOCATIONAL PROGRAMS

● Basic Education Completion: Prisons facilitate education programs enabling inmates to


complete their schooling.

● Vocational Training Courses: Skills training is provided to enhance employability


post-release.

EMPLOYMENT INITIATIVES

● Wage Earning and Gratuity Schemes: Inmates can earn wages through work programs,
promoting responsibility and financial independence.

CULTURAL AND RECREATIONAL ACTIVITIES

● Prisons like Tihar host events such as:

● Inter-jail Sports Competitions: Promoting physical fitness and teamwork.

● Cultural Functions (Ethnic Tihar): Activities include music, art, and


performances by inmates, fostering self-expression.

MENTAL HEALTH INITIATIVES

Programs like yoga and meditation are introduced by NGOs to improve mental well-being
among inmates.

COLLABORATIONS FOR EDUCATION

Institutions like IGNOU and NIOS offer educational programs within prisons, emphasizing
"reformation by education."

LIMITATIONS OF REHABILITATION IN INDIAN PRISONS

Despite these efforts, several limitations hinder effective rehabilitation:

1. Overcrowding: Many prisons are severely overcrowded, leading to inadequate living


conditions and resources for rehabilitation.

67
2. Dilapidated Facilities: Poor infrastructure affects both safety and access to necessary
services.
3. Insufficient Personnel: A lack of trained staff limits the effectiveness of rehabilitation
programs.
4. Isolation from Family: Inmates often experience emotional distress due to separation
from family, complicating their reintegration process.
5. Basic Needs Neglect: Many facilities struggle to provide adequate food, clothing, and
healthcare due to overcrowding and resource constraints.

These challenges highlight the need for systemic reforms within India's correctional system to
enhance rehabilitation outcomes effectively.

68

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