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124 Cards in this Set

  • Front
  • Back

Cleckley 1941

Noted lack of distress and mental health issues (no psychosis) in patients visiting him so he started studying psychopathy.


Criminal behaviour was the exception - wasn't required

Hare Two Factor Model

Interpersonal/affective symptoms


social deviance

Hare Four Factor Model

Interpersonal - manipulating others, interactions


Affective - lack of empathy, shallow emotionality


Antisocial - behaviour problems, criminal activity, school behaviours


Erratic lifestyle - impulsivity

Cooke et al

Three factor model:


Took out Antisocial stating that criminal behaviour was often seen as an outcome

WHat is psychopathy

Personality disorder with a cluster of inter personal, affective and behavioural characteristics


PCL-R

Interpersonal Affective Symptoms

Superficial Charm


Grandiose self worth


lying


manipulative


lack of remorse and empathy


shallow affect


refuse to take responsibility

Lifestyle/antisocial symptoms

need for stimulation


parasitic lifestyle


lack of goals


impulsivity


irresponsibility


poor behaviour controls


early behaviour problems


juvenile delinquency


revocation of release


criminal versatility

Procedure for PCL-R

Semi-structured interview: can last up to four hours


File and collateral information

Antisocial Personality Disorder

Asymmetrical relation between psychopathy and APD: psychopaths often meet the standards for APD but not all inmates that have APD are psychopaths

Demographics and how the Change

Age: goes down


Ethnicity: Translates across


Gender: Men score higher (male typical behaviours)


NonCriminals: Score lower


Assessment: Files alone or with interview (factor one, interaction with people)


Sex Offenders


Substance dependent offenders: Tend to score lower than people who are not

Inventories

Psychopathic personality inventory: splits it into impulsive antisocial (factor two) and fearlessness (map onto factor one but not well)


Levensons self report psychopathy: Primary (factor one) Secondary (factor two)


Self Report Psychopathy (SRP): Paulhus and hare - four factor model identical to four factor checklist

Motives for Violence (homicide)

Instrumental violence: they want something and they go get it, not necessarily provoked (planned, motivated by external goals)

Sexual Violence

High: sexual homicide offenders


Moderate: mixed sex offenders and rapists (multiple offenses)


Low: Child molesters



Rapists are opportunistic

Recidivism

risk instruments: violence risk appraisal guide (developed in ontario, used in North America)


General: moderately correlated with psychopathy


Violent: psychopathy is the best predictor of violent recidivism

Treatment

Does little to help


Empathy or interpersonal skills may make them better preditors


Less likely to complete treatment


Less improvement


Lower ratings from staff

Rice, Harris and Cromier

Therapeutic Community: treated psychopaths reoffended more than untreated psychopaths

Hare et al. 2000

Britain: opposite factor that predicts psychopathy in Britain compared to here
treated reoffend more than untreated

Victim selection

Facial expressions and body language (walking)


Callous Empathy

They have empathy, they just use a different part of the brain to process it (language centres), so they understand where its coming from and the mental state it may create but they have no emotional reaction to it


Cognitive verse automatic

Cues to vulnerability: Grayson and Stein; Book, Quinsey and Langford; Wheeler, Book, and Costello

body language: certain types of walking, anything that was out of the norm and not fluent


Facial expressions

YOUTH: Assessment
APSD
PCL-R Youth

Antisocial Process Screening Device: Use as young as 6 years old (parent and teacher rated) older kids such as adolescents


Psychopathy checklist: youth version 12-18, done by interview and file

Finds from youth Psychopathy

General antisocial behaviour:


Academic problems
Behaviour problems at school
Physical Fights
Overall Agression
Risk Taking
Criminal Activity:
Earlier onset


Frequency and versatility


Offense severity


Juvenile recidivism

PCL-R

over 30 is considered to be a psychopath, inmates are normally around 20
risk assessment tool


deemed psychopathic prevents people from continuing in treatments or proceeding through prison procedures to get back to community as psychopaths are deemed untreatable therefore it would be a waste of resources

Right to a Jury Trial

Summary Offenses: Right to a judge alone, but no right to judge and jury
Indictable Offense: Right to both judge alone, and judge and jury

Hybrid Offences

the crown decides to pursue the case as a summary (6-15 months) or indictable offence (5 or more years)

Characteristics of a Jury

Representative of community and randomly selected


Impartiality: Attitudinal (prejudice) and Behavioural (discrimination)

Overcoming Bias in Jury Pool

Adjournment
Change of Venue


Challenge for Cause

Adjournment

Trial is delayed so any biasing effects would dissipate (infrequently granted)
Limitations: Loss of evidence (witnesses), Jurors may not forget biases

Change of Venue

Changing to a different community (within the same province) because the community is biased against the defendant (not often granted)

Challenge of Cause

Prospective jurors are questioned prior to being accepted as part of the jury (more common)


Limits: Potential jurors may provide dishonest answers intentionally or unintentionally

Scientific jury selection: US

Use of predetermined characteristics to identify jurors who would be sympathetic or unsympathetic to the case


Broad based and case specific approach

Broad Based Approach

evaluates potential jurors based on general traits or attitudes that are believed to impact the verdict

Case specific Approach

Use of a specific questionnaire about the critical aspects of the case to evaluate potential jurors


then used to make profile of ideal juror - jurors are then assessed to fit this profile

Voir Dire

To question potential jurors

Purpose of Voir Dire

To educate and persuade jury


get to know the jurors

Before Voir Dire

Mock Trials


Focus groups


jury consultants

Case Analysis: themes

Major Issues and Law


Strengths and weaknesses of case


pretrial publicity


backgrounds, experiences and opinions of jurors

What is Backgrounds

Demographics


Race


Gender
Education


Occupation


Political party

Experiences predicting views

Favourable view of defendant


unfavourable view of defendant


unfavourable view of witnesses

Jury Functions

Apply the law to the evidence and render a verdict of guilty or innocent regarding the defendant


Act as the community conscience


Protect against out of date laws

Jury Nullification

Juries may ignore the law and render a verdict based on different criteria - cases where the law is unfair or out of date

Studying jurors/jury Behaviours

Post trial interviews- high external validity


Archival records - no control - high external validity


Simulation techniques - mock juries, high internal validity but no real life consequences


Field research - high external validity but hard to do

Note Taking

Some judges allow it: May improve attention span, understanding and memory of jurors

Disregarding Evidence

Evidence/statements that are inadmissible, juries will be instructed to disregard
Jurors may not be able to ignore it

Decision making models

Mathematical model and explanation model

Mathematical model

Views jury decision making as a set of mental calculations


mathematical weight is assigned to each piece of evidence

Explanation model

evidence is organized into a coherent whole


story model: involves imposing a story structure to the evidence for each verdict option

predicting verdict variables

Demographic


Personality


Attitudes


Defendant Characteristics


Victim Characteristics


Expert Testimony
Other things:


Cross race effect: More likely to convict someone of a different race


Attractive defendants are less likely to be convicted


women are less likely than men (and lighter sentences)


Experts talking in Lament terms will be considered

Parole in Canada

Conditional release into community
Rehabilitation


High degree of supervision


Return to prison if conditions are breached

Parole decision making

Canadian National Parole Board


Eligible for parole after 1/3 of their sentence or 7 years


requires a formal hearing


formal risk assessment is conducted

Parole Decision Making: Initial Assessment

Information on current offense


Criminal history


Mental status


Performance on Earlier releases


Information from Victims

Parole Decision Making: Second Assessment

Institutional behaviour: infractions/solitary confinement


Feasibility of release plan: what you plan to do


Risk assessment: Often using VRAG

Types of Parole

Temporary absence: escorted or depending on their security unescorted after 1/6th of their sentence


Work Release: minimum and medium security, assists with reintegration of offenders


Day Parole: community or family activities they want to go to, prepare them for full parole (about six months prior to parole date)


Full parole


Statutory releases: after two thirds of your sentence you have to be released unless deemed very violent/dangerous

Conditions of Parole

Abstaining from drugs and alcohol


remaining in Canada


obeying the law and keeping the peace


not having weapons

Define Sentencing in Canada

The judicial determination of a legal sanction upon a person convicted of an offence

Purposes of Sentencing

Specific deterrence: A learning experience for that person


General deterrence: everyone else will be deterred from doing that (making an example)


Denunciation: making a point about that particular offence


Reparation: retribution/ financial - will make others feel better if its longer


rehabilitation: having treatment programs, hoping to cure that person

Principles of Sentencing

Proportionate to gravity of offense


proportionate to degree of responsibility (age, provoked, mental illness, didn't know what they were doing, less responsibility)


Principles of Sentencing: Judges

Consider aggravation and mitigating factors


use similar sentences for similar offenders/crimes


use alternatives to incarceration if at all possible

Sentencing Options in Canada

Absolute or Conditional Discharge: release with or without conditions (minor crime)


Probation: Good behaviour, appear in court, notify probation officer of any changes
Restitution:property crimes where you are paying the victim for what you have done


Fines: money or community service


Conditional sentence: Served in the community and if you break the rules you go to prison


Imprisonment: Last resort

Dangerous Offender Application

Application can be made for any offender convicted of a serious personal injury offence who constitutes a danger to others

Faint Hope Clause

Apply for juditial review of their dangerous offenders status to then be able to apply for parole

Eligibility for Faint Hope Clause

Served at least 15 years from time of arrest and (one of the two): convicted of high treason or first degree murder, or have been convicted of second degree murder and sentenced to life imprisonment without eligibility for parole for a period greater than 15 years

Long Term Offender Criteria

Two or more years (followed by a period of supervision)


risk of reoffending


possible to eventually control that risk


Sentencing Disparity

Unwarrented sentencing disparity: reliance on extra-legal factors (i.e. irrelevant)


Systematic factors and unsystematic factors

Systematic factors

How lenient judges believe sentences should be

Unsystematic Factors

the mood of the judge on any particular day

Principles of Effective Correctional Intervention

Need Principle: focus on things that actually relate to criminal behaviour - impulsivity, case based, anger management, risk taking
Risk Principle: effective interventions target high risk offenders
Responsively Principle: Effective interventions match the general learning styles and characteristics of offenders

Millhaven: where to put them

Treatment needs


flight risk


type of crime


severity of crime


criminal history


mental illness

Security levels

Max: high risk, impulsive, protective custody and psychopaths


Med: moderate Risk


Min: low risk or on their way out soon (parole or release)

Risk Assessment

Risk viewed as a range


probabilities change across time


interactions among offender characteristics and situation


Prediction and Management

Civil Settings

Civil Commitment: Submission to hospital


Child protection: Assessment of risk to Children


Immigration

Types of Prediction Outcomes

True Positive: they actually are at true risk to reoffend/correctly predicting that they will reoffend


True negative: when you say they wont reoffend and they do not


False Positive: when you say they will be violent and they arent


False Negative: when you say they will not be violent and they are

Base Rates

Represent the percentage of people within a given population who commit a criminal act


prediction difficult when base rates are to high or low


false positives tend to occur with low base rates

Base Rates Chart

Sample size: N


Test Accuracy: T%


Base Rate: BR%


Reoffend Dont Reoffend


(BR% of N=n) (left overs=n)


Reoffend (T% of n) (Leftovers = X )


Dont Reoffend (Leftovers) (T% of n)


False positive rate: X/N=FPR

Methodological Issues: Weaknesses

Limited number of risk factors


How criterion variable is measured (history/arrests)


How criterion variable is defined (type, motivation)

Measuring predictive accuracy

Survival analysis


Receiver operator characteristics (ROC)

Survival Analysis

Background: Epidemiology:


What factors predict how long someone will survive with cancer


Dichotomous: start off surviving and end up dead, start off not offending and end up offending

Examples of transitions

Single to married


employed to unemployed


out of jail to in jail


alive to dead

Functions: Survivor and Hazard

Survivor: how long everyone survives (not reoffends)


Hazard: Nobody failing and then end up with how ever many do fail at the end

Receiver Operating Characteristic Curves

Classifying individuals as likely to reoffend or not reoffend

Classifier

Assigns an object to one of predefined set of categories or classes

Types of Error (Roc)

False positive (false alarm


False negative (miss)

ROC plot

Diagonal line is if you were accurate 50% on chance levels (coin toss)


Curve falls in a straight line at the top then its 100% accurate and 100% area under the curve


If curve is 3/4ths the way up its 75% under the curve

Limits to ROC Curves

no confidence intervals - not significant

Judgment Error and Biases

1. Illusory correlation: people believe that two events are correlated but they are actually not


2. Ignorance of base rates: ignore it or don't use it in decision making when thinking about risk


3. Reliance on salient or unique cues: From media for example: a certain type of person being violent and you notice they share those characteristics you might be more likely to say they are violent


4. Overconfidence in judgements: more experience= more overconfidence


5. Gender: Females are less likely to view women as high risk

Risk Factor Definition

measurable feature of an individual that predicts the behaviour of interest (violence)

Types of risk factors

Static Risk factors: (i.e. age at first arrest) Historical, Factors that can not be changed


Dynamic Risk Factors: Changeable (antisocial attitude) Fluctuate over time

Unstructured clinical judgment

Subjective


no specific risk factors


risk decision rules unclear

actuarial prediction

Objective, empirically derived risk factors


same risk factors used


risk decision rules clear

Structured professional judgment

Compromise between Unstructured and actuarial- Risk factors derived from research literature, specific risk factors, risk decision decided by professionals

Risk Assessment Instrument: GSIR

Routinely used in Canada


Static Risk factors


Five risk categories


Nature of criminal involvement


how much


if they have been married


employment history


Risk Assessment Instrument: VRAG

Developed in Ontario


works under the assumption that its reactive not predatorily


psychopathic checklist is most highly rated scare (up to 12 points on this one)


elementary school maladjustment


personality disorder


age at index offence (offence they are in for now/younger=more risky)


Separation from parents before age 16


failure on prior conditional release


prior non-violent offenses (more types of crime = more likely to reoffend)


never married


schizophrenia (Negatively related NR) - less likely to offend violently


victim injury (NR) more likely someone in their life (spouse, family)


female victim (NR) more likely after a specific person (Wife, family member)


alcohol problem


VRAG verse GSIR

VRAG= best for violent


GSIR= best for general

Protective factors: that reduce or mitigate the likelihood of violence

1. Prosocial involvement: volunteer work, spend time with family and friends


2. strong social support: it doesn't work if its a formal social network


3. Positive social orientation: teach them to be more pro-social generally and not see the world as hostile


4. Strong attachments: difficult to induce in people


5. Intelligence

Factors of Desistance from Crime

(why offenders stop committing crime)


Age


Employment


Marital relationships


Coping-Relapse Model of Criminal Recidivism

Precipitating event (external/dynamic: You get in trouble here, do put yourself in those situations)


Cognitive and emotional appraisal (internal, dynamic or static)


LEFT: Individual influences (internal, static: IQ, Physiological arousal, psychopathy score for the most part/if its treatable it wont be here)


RIGHT: Response mechanisms (Internal and dynamic: how impulsive you are, addiction, anxiety disorders, they way you view the world/treatable things)


BOTTOM (Previous three things all connect to it): Criminal Behaviour

Stages of Memory

Perception/attention


Encoding


short term memory


long term memory


retrieval

Memory

Recall memory - reporting details of a previous witnessed event or person


Recognition memory - determining whether a perviously seen item or person is the same as what is currently being viewed (line up procedures)

Study eye witness in the lab

Independent:


Estimator variables: present at the time of crime/ Are things that cannot be changed (age, weapon present, alcohol levels or person)


System variables: can be manipulated to increase or decrease accuracy: Interview techniques police use, type of line up procedures used


Dependent: event/crime recall, perpetrator recall, perpetrator recognition

Problems with police techniques

Interruption during open-ended recall


short, specific questions


questions asked in pre-determined/random order


leading question

contamination of co-witness

Memory Conformity: when what one witness reports influences what another witness reports

Leading Questions

can influence witness memory and recall


Loftus and Palmer (1974)


variation on the question How fast cars were travelling when they (Hit) each other?


later: broken glass: words impacted answer

Misinformation effect

When given inaccurate information after an event, a witness will incorporate that information into a subsequent recall task


Misinformation acceptance hypothesis (guessing what they want to hear)


source misattribution hypothesis ( two memories of event, chooses incorrect memory when asked to recall)


memory impairment hypothesis (original memory replaced and no longer accessible)

Police interview techniques

Hypnosis -no better accuracy


The cognitive interview - reinstating the context: surrounding incident, Reporting everything they can recall, reverse order, different perspective


The enhanced cognitive interview - rapport building, supportive interview behaviour, transfer of control, focused retrieval, witness-compatible questioning

supportive interview behaviours

Supporting them, not talking over them
Control: the witness controls the flow of the interview


retrieval: open ended questions, focused memory techniques


asking questions that coincide with what the witness is saying at the time

Line ups: Foils

Foils/distractors: known to not have committed the crime


similarity to suspect: similar appearance to the suspect


Match to description: match the description provided by the witness

Line up: Types

Target present: perpetrator or suspect is included in the line up


target absent: they are not included in the line up

Photo Arrays

less time consuming


portable suspect does not have right to counsel


photos are static


less anxiety for witness

Line up: Biases

Fair Lineup: one that suggests/they dont let the suspect stand out


Biased Lineup: where the suspect stands out and indicates to the witness who they should be choosing or identifying



Foil Bias: when the suspect is the only one who matches the description


Clothing bias: if the suspect is the only one wearing clothing that is similar to the perpetrator


instruction Bias: when the police do not tell the witness that the perp may not be present (implying he's part of the line up)

Judgement

Relative: Compare to each other and typically identify the one that looks most like the perpetrator


Absolute: can often be done with photo arrays, make a decision on each one before seeing the next one and they do not know how many they see and can not go back - comparing photos to the memory they have

Recognition Memory: Estimator Variables

Age: Older people tend to make fewer correct rejections


Race: Better able to remember faces of same race verse other race


Weapon Focus: witness tends to focus on weapon so they remember less about perpetrator

Childrens Recall of Events

Accuracy of their accounts depends largely on how they are asked to recall

factors influencing child recal

Age


Yes and no Questions

Anatomically detailed dolls

Would allow children to give information they would not provide orally


Problems: interpretation of what they do with them is not standardized and no research

Criterion Based Content Analysis

Evaluates children's statements (true or fabricated)


structured interview


systematic analysis of child's statements


application of the Statement Validity Analysis checklist

Step wise interview

Free recall


more specific questions as needed (witness lead)


consistent with what we know about their recall abilities and get accurate information (not suggestive questioning)

Culprit descriptions

Age: older = more details


Features: will mention exterior (hair) more then they will internal features such as nose shape


Height, weight, and age are frequently given but not very accurate

Childrens Lineup identification

Target present: just as good as adults


Target absent: more likely to identify someone in this line up than adults (false identification)


sequential line up: not good for children (false identification)

Elimination Lineup

All pictures are presented to the child and they are asked to select the one that looks most like the culprit (Relative judgement)


the child is then asked to compare his or her memory to that of the photograph and determine if the person in the photograph is the culprit (absolute judgement)


helps reduce the number of false identifications

testifying in court

demonstrate in general ability to perceive, recall and communicate


Demonstrate the ability to distinguish between truth and a lie and understand the term oath (promise)

Competency Inquiry

Under 14 must complete for court testifying


understand differences between truth and lie


feel compelled to tell the truth


communicate the appropriate information

Bills

Bill C-15: possible to convict on basis of unsworn evidence of a child, allows child witnesses and created new sex offence categories


Bill C-127: evidentary rules changed (rape shield laws)

Effects of testifying on children

testifing could exacerbate emotional distress, prolong symptoms and create additional stresses


improvements: not seeing accused, court prep, not open to public, simple language, and emotional support

predictors of well being in children

mothers belief in disclosure (greatest predictor)


mothers actions (significant)


testifying (not significant)