10 - Criminal Offenders Flashcards Preview

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Flashcards in 10 - Criminal Offenders Deck (17)
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1
Q

What is sentencing?

A

The imposition of a penalty upon a person convicted of a crime

Our beliefs about the causes of crime influence our sentencing rationale

2
Q

What is the brief history of crime and sentencing?

A

Late 18th-early 19th C

  • Emphasis on deterrence through rational punishment
  • Severity became less important than quick, certain penalties

Early 20th C
- Focus on rehabilitation

Recently; emphasised need to limit offenders’ potential for future harm

3
Q

What are the five goals of sentencing?

A
  1. Retribution
  2. Incapacitation
  3. Deterrence
  4. Rehabilitation
  5. Restoration
4
Q

Describe the retribution goal of sentencing

A

Act of taking revenge upon perpetuator

Goal: satisfaction

Then: deal and exile commonly for minor offences
Now: “just desserts;” criminals deserve punishment they receive, and should be appropriate

5
Q

Describe the incapacitation goal of sentencing

A

The use of imprisonment or other means to reduce the likelihood than an offender who can commit future offences

Goal: protect innocent

Then: mutilation used to prevent repeating
Now: restraint, not punishment

6
Q

Describe the deterrence goal of sentencing

A

A goal of criminal sentencing which seeks to prevent people from committing crimes similar to the one for which an offender is being sentenced

Goal: crime prevention

Two theories; specific deterrence (prevent particular offender from recidivism, based on operant learning) and general deterrence (prevent others committing similar crime)

7
Q

Describe the rehabilitation goal of sentencing

A

The attempt to reform a criminal offender. Seeks to bring about fundamental changes in offenders

Goal: reduce future crime

Then: “nothing works”
Now: “what works”, CBT (ABC technique, activating events lead to beliefs which leads to consequences)

8
Q

Describe the restoration goal of sentencing

A

Attempts to make the victim “whole again”

9
Q

What is risk in terms of criminal offenders?

A

Interaction between situation and a person

Risk of offending and dangerousness of crime

10
Q

What are the types of risk assessments that can be conducted with criminal offenders?

A
  1. Unstructured Clinical Judgement
  2. Statistical or Actuarial Assessment
  3. Structured Professional Judgement
11
Q

Describe the unstructured clinical judgement approach to assessment

A

Decisions characterised by professional discretion and lack of guidelines (subjective, no specific risk factors)

Studies show it’s poor

12
Q

Describe the statistical or actuarial approach to assessment

A

Decisions based on risk factors that are selected and combined based on evidence.

Calculates risk by comparing individuals characteristics and those who we know have behaved in a certain way

Can be too statistical

13
Q

Describe the structured professional judgement approach to assessment

A

Provision of guidelines to help structure clinical decision making

Decisions guided by pre-determined list of risk factors derived from literature.

Judgement based on professional judgement

14
Q

What are the two types of risk factors?

A

Static (historical, cannot be changes)

Dynamic (fluctuate over time, can be changed, acute vs. stable)

Most predictable factors are static

15
Q

What is a risk factor?

A

Measurable feature of an individual that predicts the behaviour of interest

16
Q

What are the four important risk factors?

A
  1. Dispositional
    - demographics (age <14 and gender, male)
    - personality characteristics (impulsivity, psychopathy)
  2. Historical
    - past anti-social behaviour
    - age onset of anti-social behaviour
    - childhood history of maltreatment (physically abused and neglect)
    - past supervision failure, escape
  3. Clinical
    - substance use (drug=15x)
    - mental disorder
  4. Contextual (Current environment)
    - lack social support
    - easy access to weapons/victims
17
Q

What are some protective factors to prevent recidivism?

A

Factors tat reduce or mitigate likelihood of violence

Children/youths: prosocial involvement, strong social support, positive social orientation, strong attachment

In adults: employment stability (for high risk), strong family connections (low-risk males)