usyd psyc3020 forensic lecture notes
usyd psyc3020 forensic lecture notes
Forensic Psychology
Lectures 7 to 16
Week 4
Learning Outcome Content
Define Forensic Psychology Application of psychological knowledge and theories to all aspects of the criminal and civil justice systems,
including the processes and the people
Positivist criminology
- factors determining criminal behaviour rather than free will
- punishment should fit the criminal rather than the crime
- understand crime through scientific method and analysis of empirical method
- Theorists
- Lombroso: criminals are atavistic human beings → not mentally advanced for modern world
- Hooton: criminal profiling through characteristics
Sociological Explanations - Crime as a result of socio-cultural forces existing prior to criminal act
- Individual differences are deemphasised
Structural explanations
- Ppl differ in opportunities → some can’t employ their talents in socially legitimate ways
- Social arrangement prevents individuals from attaining goals legitimately
- Discrepancies between aspirations and means create strains that lead to crime
Subcultural explanations
- Cultural values in a group clash with conventional society
- Eg: gangs enforcing unique norms
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Cons:
- Crimes are often committed by people who have never been denied opportunities
- Applies only to certain offences
- Does not explain why certain people don't offend
Constitutional theories
- Sheldon: 3 somatotypes (body builds)
- Endomorph: obese, soft, rounded
- Ecto: tall and thin with well-developed brain
- Meso: muscular, athletic, strong (Exposed to wrong environment → commit more aggressive
crimes)
- Cons:
- Oversimplification: all-or-none categories
- Physique and behaviour Correlation ≠ causation
Genetic theories
- Adoption studies
- Genealogy, BUT does not tell us what the biological family transmits
- Cloninger et al., 1982:
- Criminal biological parents → 4x more likely to be criminals
- Adoptees with both criminal biological and adoptive parents → 14x more likely
- Eley, 1997: Genetic influence may be higher for aggressive than nonaggressive crimes
- Rhee & Waldman, 2002: Twin vs adoption studies
- moderate effects of genetic influences
- slightly larger effects of environmental influences on anti-social behaviour
- 5 possibilities about what is inherited
- Constitutional predisposition
- Neuropsychological abnormalities
- Autonomic nervous system differences
- Physiological differences
- Personality and temperament differences
- Cons:
- Attribution of crime to genetic neglects socio-environmental causes
- Inferiority of some indiv → sterilisation/genocide
- Extent of behavioural heritance cannot explain group differences
- Lack of clarity in what is inherited
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Psychological Theories Psychoanalytic Theories
- Psychoanalytic theories (Freud)
- Weak ego + superego → poor id restraint
- Sublimation: unmet desires → substitute gratification
- Thanatos: drive for self-destruction
- Inadequate identification by child with parents
- HOWEVER Cons: lack of research support
Personality Traits
- Eysenck
- Extraversion, Neuroticism, Psychoticism
- Criminals show high levels of PEN
Personality Disorder
- Antisocial personality disorder: disregard for others
- Psychopathy: Frequent criminal activity + Lack of remorse
Control theory
- People behave antisocially unless they learn from internal/external behaviour constraints
- Eg: (social norms/pressure)
- External containment weakens → control of crime must depend on internal restraint
Learning theory
- Operant learning: learns that consequence for behaviour Rft > punishment
- Social learning theory: modelling
Social labelling
- Deviance as result of society labelling individuals
- Stigma → Self fulfilling prophecy
Retribution
- Taking revenge upon criminal perp, felt need for vengeance
- Goal: satisfaction
- Past: punishment more severe than crime
- Present: just desserts → proportionality
Incapacitation
- Reduce likelihood of reoffending
- Protect society from harmful offenders
- Goal: protect innocent
- Past: use of mutilation
- Present: restraint not punishment + biomedical intervention
Deterrence
- Crime sentencing that deter others from committing similar crimes
- Goal: Crime prevention
- Specific deterrence: prevent particular offender from recidivism
- General deterrence: make example of person sentenced
Rehabilitation
- Reform → change fundamental behaviour of offenders
- Goal: reduce future crime
- Past
- 1930s: Freud, structured rehabilitation through therapeutic intervention
- 1970s: nothing works philosophy → rehab didn’t work
- Present
- More methodologically sound studies + optimism (HOWEVER) Effect sizes of treatment are small
- CBT
- Used with groups rather than individual
- Thoughts influence feelings+behaviour → change problematic behaviour patterns
- ABC model
Reparation/Restoration
- Make victim “whole again”
- Restitution payments offenders are ordered to make to victims
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Risk Assessment Prediction
● Components of risk assessment - Risk of offending: likelihood of occurrence
Types of prediction outcomes
●
- Dangerousness: consequences of offending
● Approaches to the assessment of risk
● Risk Factors - Look out for High risk and high dangerousness → more likely to continue & preventative detention orders
● Protective factors - conducting risk assessment @ major decision points (Pretrial, Sentencing, Release)
Types of Assessment
Types of Predictors
- Risk factor: measurable feature of individual that predicts behaviour
- Static risk factors: unchangeable historical factors
- Dynamic risk factors: changeable factors
- Acute DRF: factors variable and can change quickly → manage short-term risks
- Stable DRF: enduring factors→ modified over time with targeted interventions
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Risk Factors
1. Dispositional
- Demographics
- Personality characteristics
2. Historical
- Past antisocial behaviour
- Childhood history of maltreatment
- Institution maladjustment
3. Clinical
- Substance use
- Mental disorder
- threat/control override: psychotic symptoms overriding a person’s self-control or threatens their safety
4. Contextual
- Lack of social support in day-to-day
- Accessibility to victims and weapons
Protective factors
- reduces/mitigates likelihood of violence
- Can explain high risk but non-violent individuals
In youth
- Prosocial involvement
- Strong social support
- Positive social orientation (school, work)
- Strong attachment (except with antisocial other)
- Intelligence
In adults
- Employment stability (for high-risk)
- Strong family connections (for low-risk males)
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Week 5: Criminal offenders (aboriginal population, violent offenders, sex offenders)
Learning Outcome Content
Reasons for the Offending rates reducing but imprisonment rates going up
overrepresentation of Aboriginal - the way law enforcement agencies detect and prosecute crime (police discretionary powers)
and Torres Strait Islander peoples - More frequent bail refusal
in prisons - Higher rates of convictions
- Greater likelihood of prison sentences for convictions
- More severe sentences
- Greater focus on compliance with bail, parole and community orders
- Wrongful convictions
Ways to reduce Aboriginal National Agreement on Closing the Gap → need for Aboriginal leadership, expertise and participation in strategies
incarceration rates to reduce incarceration
- Consultation with aboriginal people
- Reforms for socio-economic disparities → help address police contact and reoffending
Ways of reducing
- Increase age of criminal responsibility
- Increase from 10 to 14
- Youths more susceptible to recidivism
- Find an alternative response to suspension in schools
- Prevent development of anti-social behaviours
- Recreation programmes
- Prosocial role models
- Stop being tough on crime
- Police accountability
- Access to Justice → Better culturally appropriate legal representation
- Community Corrections Orders
- Diversion of low/med risk offenders
- Redirect to supervised activity that addresses their crime
- Justice Reinvestment (JR)
- Self-determination: Empowering communities to help themselves
- Circle sentencing: culturally responsive, more successful that traditional sentencing
- Better care and rehabilitation in prison
- Better care after release from prison
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Why people with mental illness are Mental impairment: mental illness”, an “intellectual disability” or a “specific neurological condition”
overrepresented in prisons People with mental illness are non violent
- Arrested at disproportionately high rates.
- Less adept at committing crime and therefore more likely to get caught.
- More likely to plead guilty ← inability to be well-represented
If deemed unfit
- Proceeding adjourned → separate enquiry into fitness
- Mental health review tribunal
- Specific hearing to determine guilty
Sex offenders
- Child Sexual Offenders
- Exclusive (pedophilic, hebephilic)
- Non-exclusive (aroused by youths/adults but sexually abuse children)
- Rapists
- Sexually motivated (compensatory, sadistic)
- Non sexually motivated (anger, retaliation, power control, antisocial)
Sex offenders
Physical treatments (castration, hormone treatment)
- Cruel and unusual
- Not good if done on wrongfully accused
Psychotherapeutic approaches
- Victim empathy
- taking responsibility
- No research to show that this is effective
Cognitive behaviour therapy
- Most effective
- Cognitive component, behaviour component, relapse component
Trauma Informed Care - Consider person’s history → understand the impact on aspects of functioning
- Safety, trustworthiness, choice, collaboration
- Strength and skills building
- How early trauma impacted offence related thoughts and behaviours
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Week 6: Eyewitness memory and credibility, Detecting deception
Learning Outcome Content
Misinformation effect Definition: exposure to wrong info after event happened → people incorporate wrong info into their memories
- Leading questions
- Hearing about event from media
- Hearing event from other witnesses directly/indirectly
Repeated event Definition: same type of event that is experienced on multiple occasions
- Need to particularise one sentence of abuse (specific time, place, content)
- Slavery
- Domestic violence
- Child sexual abuse
- Compare memory for a single event to memory for an instance of a repeated event
- Tend to report fewer correct details
- Internal instructions: Can identify what happened, but problems identifying when it happened
- External intrusions: less likely to fabricate details
Define deception Deliberate attempt to create in another a belief which the communicator considers to be untrue
2. Content complexity
- Analyse the content of what they say
- Lying is a difficult cognitive task
- People engaged in cognitively complex tasks exhibit different nonverbal behaviours
SVA concerns
- No formal decision rules, profiles for truth or deception, or cut points
- Criteria should be given different weight
- Different kinds of lying → different characteristics
- SVA assessments are subjective, inter-rater reliability low
Whole Approach to Detecting - higher accuracy rates by combining nonverbal and CBCA
Deception - DePaulo et al. (2003)
- Liars are less forthcoming
- Liars tell less compelling tales
- Liars are less positive and pleasant
- Liars are more tense
- Liars include fewer ordinary imperfections and unusual details
Problems
- Stored info can decay
- Memory is reconstructive
Development of language ability - expressive language: Vocabulary, Grammar, Using language in social contexts
- Receptive language: Can children monitor their understanding of adults’ questions?
False Memories
- 3-6 year olds (Ceci et al., 1994)
- interviewed weekly over 7-10 weeks about real and fake events
- younger children accepted the event earlier in the sequence of interviews than the older children
- Children often elaborated in detail
- 7-8 and 11-12 year olds (Otgaar et al., 2009)
- UFO abduction story, Context reinstatement and guided imagery if necessary
- First interview: 7-8yo more prone to false memory than 11-12yo
- Second interview: 7-8yo became more confident in memory but 11-12yo were less confident
- Verbatim memory:
Cross examination
- Suggestibility can unintentionally happen in cross examination when interviewers
- Challenge child’s certainty
- Express disbelief and provide alternative
- Are confrontational, accusatory, questioning motives
- Prepare children by training to resist suggestion (Righarts et al., 2013)
- Make children more confident in their answers given to adults
- fewer changes to account overall
- fewer changes to initially correct responses
- Modifying cross examination: Child Sexual Offence Evidence Program
- Specialist judges
- Reduced delays
- Intermediaries advise child’s communication and emotional needs
- Initial police interview is recorded and played at trial
- Pre-trial cross-examination and any additional evidence is recorded, with judge and lawyers
present (no jury or accused)
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Solutions: how to question children Set ground rules to address compliance and guessing
- promise to tell truth
- Give child the permission to correct interviewer
- Assure it’s okay to not know, don’t guess
- Encourage child to report that they can’t understand
Australian research
- Vignette Study: Perceptions of Ethical Dilemmas
- Rated how serious each violation was for:
- Typical working officer
- Typical instructor
- The department
- Personal view
- Least to most serious: typical officers, personal views, instructor, department
- Recruits rated dilemmas most seriously, commissioned officers rated moderately, mid-ranking
officers ranked least serious
- Females thought the incidents were worse than men did + police officers and instructors were less
honest and fair
- Survey and Interview Findings
- 13%-28% of police acts involve breaches of ethics
- Jr officers thought ethics training was irrelevant/impractical
- Temptations for unethical behaviour
- Sr officers: opportunity and financial
- Jr officers: emotional and peer pressure for
- Resisting temptation
- Sr officers: getting caught and being punished for senior officers
- Jr officers: personal integrity
Consequences of stressors
- Physical
- increased risk of developing cardiovascular disease and digestive disorders
- Police officers die younger than other city employees
- BUT hard to distinguish if the causes are stressors or lifestyle
- Psychological and personal
- Drinking and substance abuse
- Depression, anxiety
- Violence
- Job-related
- Leads to poor morale, absenteeism, reduction in effectiveness, turnover, and early retirement
- Consequence of physical, psychological, or personal consequences of stress
Resiliency Training
- improve ability to effectively adapt to stress and adversity
- Educate police on psycho-physio symptoms of stress
- Stress management techniques
- can improve job performance, health, and officer well-being
Who are the victims of crime Definition: suffered harm, including physical or mental injury, emotional suffering economic loss or substantial
impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws
Reporting
- Nature of offence
- Bystanders encouraging victim to report
- Characteristics of victim are less important
Historical View of Victims - Early middle ages: Victims or their survivors played a central role in trial proceedings and sentencing
- Golden age of victim: ended with monarchs who declared that vengeance was theirs alone
- Crimes = hostile act against the state
- Victims had few rights in CJS
- 1960s-1970s: victims have little to no support from govt
- 1970s: victim blaming became popularised
Victim blaming
- Fundamental Attribution Error: underestimate impact of situation and overestimate impact of personal
disposition
- Just-World Hypothesis: world is fair and that people get what they deserve
- Blaming shapes our response towards victims
- people perceive victims are responsible for their own suffering → less obligation to help victims
Victims’ View of Criminal Justice Victims often dissatisfied with CJS → secondary victimisation
System - Courts are slow + waste time
- Offenders weren’t punished enough
- Overlook victims’ needs
Secondary victimisation
- Uncertainty as to their role in the criminal justice process
- Lack of knowledge on CJS procedures
- Trauma of testifying and cross-examination