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Department
Psychology
Course
PSYC 3020
Professor
Dan Yarmey
Semester
Winter

Description
Unit 1 Introduction - Interactions between psychology and law can be formally traced to the middle of the 19 th century - Since the 1940s psychologists have had extensive interactions with the courts and have had a heavy role in legal decision making and policy formation Psychology - Based on empirical evidence theory, and scientific method - Concerned with understanding, explaining, predicting, and control of causes of human behaviour and experience Law - Based on statutes and rulings, concerned with control of human behaviour and social justice - Reflect values, which are basic psychological concepts - Values are standards for decision making, thus laws created, amended/discarded based on society values on human behaviour - Growing trend for police/courts to use data from psychology to try to broaden understanding of legal issues Common “understandings” of the criminal justice system - Many have the image of a well-oiled machine connected to another (toch, 1961) o Law passing machine (government) acts as a thermostat measuring society and passes laws against anything that raises societies anger beyond tolerance o Enforcing machine (police) surveys for disturbance and captures culprits o Justice dispensing machine (courts) checks to see if the enforcing machine has functioned properly, and given facts fed in it compares with stored laws kept on file. Then a decision is made o Culprit processing machine (prisons) responsible for punishment/rehabilitation - Toch states that if this image was accurate, there would be no need for forensic psychology - However, justice is a human product o Therefore psychology is center to analysis of actions, motives, thoughts of people associated at all stages of the process - Forensic psychology then aims to facilitate these various branches of the CJS through objective analysis, recommendations, and treatment of factors that may detract from the objective legal process Historical perspectives (p. 1-25) - Clinical forensic psychologists are concerned with the assessment and treatment of mental health issues as they pertain to law or the legal system o Including divorce/child custody mediation o Criminal responsibility (insanity)  Measured with: R-CRAS o Expert testimony on psychological questions o Personnel selection for law enforcement agencies o Designing treatment programs for offenders - Forensic psychiatry is a field of medicine that deals with all aspects of human behaviour as it related to law or the legal system - The difference between psychiatry and psychology? o Psychiatrists are medical doctors who can prescribe medicine o Psychologists view mental illness as a product of physiology, personality, and environment as opposed to the medical model - Forensic psychologist as a researcher o Not necessarily separate from the clinical role, but often is o Experimental forensic psychologists are concerned with the study of human behaviour as it relates to law/legal system  Examining effectiveness of risk assessment strategies  Factors influencing jury decision making  Evaluating offender/victim treatment programs  Impact on interrogation style and eyewitness memory recall  Effect of stress management interventions of police officers Relationship between psychology and law - Haney (1980) - Psychology and the law: the use of psych to examine the operation of the legal system - Psychology in the law: use of psychology in the legal system as that system operates - Psychology of the law: use of psychology to examine the law itself o Legal scholar role, and not the focus of the course Early research: eyewitness testimony/suggestibility - James McKeen Cattell conducted some of the first northa American experiments looking at psychology of eyewitness testimony (1895) o Asked people to recall things they witnessed in everyday lives - Alfred Binet o Showed testimony by children was highly susceptible to suggestive questioning o Asking children to report everything they saw resulted in the most accurate answers and that misleading questions resulted in least accurate answers - Reality experiment William Stern o Witness suggestibility – the “reality experiment” o Participants exposed to staged events and asked to recall information about it o Showed individual’s level of Emotional arousal shown to impact accuracy of testimony Timeline on p.10 Europe - Albert von Schrenck-Notzing o First expert witness to provide testimony in court on effect of pretrial publicity on memory o Retroactive memory falsification where witness confuse actual memories of events with events described by media North America - Cattell conducts first experiments in NA on psychology of testimony - Hugo Munsterberg o On The Witness Stand (1908) o Considered the father of forensic psychology o Book argued issues of eyewitness testimony, crime detection, false confession, suggestibility, and crime prevention o Heavy criticism from the legal profession due to lack of empirical evidence/research - Freud: first testable theory of criminal behaviour Biological theories of crime p. 13 - Sheldon – constitutional theory - Ajcobs, brunton, Melville, Brittan – chromosomal theory - Mark and Ervin – dyscontrol theory Sociological theories - Merton – strain theory - Sutherland – differential association theory - Becker – labelling theory Psychological theories - Bowlby – theory of maternal deprivation - Eysenck – biosocial theory of crime - Gottfredson/hirschi – general theory of crime Landmark cases - State v. Driver, (1921) o US o First expert testimony by psychologist - Brown v. Board of Education (1954) o Constitutionality of segregated public schools o Creates feelings of inferiority, and supreme court agreed o First time psychological research was sited in a supreme court decision - Jenkins v. United States (1962) o The admissibility of expert testimony from psychologists on mental disorders Landmark cases in Canada p. 16 Function of the expert witness - A witness who provides the court with information that assists the court in understanding an issue of relevance to the case - Opinions and inferences must always fall within the limits of the expert witness’s area of expertise - Acts as a educator to the judge and jury, not an advocate for the defence or the prosecution Hess (1987, 1999) – law and psych differ along 7 dimenstions p. 19 - Knowledge o Psych: accomplished through cumulative research o Law: comes from legal precedent, and case law - Methodology o Psych: uncover broad patterns/trends through controlled experiment/stats o Law: idiographic and operates on case-by-case - Epistemology o Psych: assume truth can be uncovered with appropriate experiment o Law: truth is subjective and based on the most convincing testimony of a event - Criteria o Psych: accepting truth involves accepting a hypotheses, where results are replicated and tested statistically o Law: decides truth based on a single case and criteria is lenient - Nature of law o Psych: how people behave o Law: tells people how they should behave - Principles o Psych: consider alternative explanations to findings o Law: lawyers convince judge/jury that their explanation of findings is the only correct one - Latitude o Psych: expert witness is severely limited by court o Law: imposes less restrictions on lawyer behaviour (but have their own restrictions) Accepting expert testimony - Frye v. United States (1923) o For scientific evidence to be admissible, it must be established that the procedure use to arrive at the testimony is accepted by the scientific community o General acceptance test: a standard for accepting expert testimony, whuch states that expert testimony will be admissible in court if the basis of the testimony is generally accepted within the relevant scientific community - Daubert Criteria – US supreme court (daubert v. Merrell Dow Pharmaceuticals 1993) o Scientific evidence is only valid if 4 criteria are met  Peer reviewed  Research is testable (falsifiable through experimentation)  Research has a recognized rate of error  Adheres to professional standards o In 1999, the supreme court rules that the Daubert criteria must apply to all expert testimony, not just scientific testimony - Mohan Criteria – Supreme Court of Canada (R. v. Mohan 1994) o Evidence must be relevant – makes a fact at issue in a case more or less likely o Evidence must be necessary for assisting trier of fact  Must be about something that goes beyond common understanding of the court o Evidence must not violate any other rules of exclusion  Rules that would otherwise exclude the admissibility of evidence  If testimony was deemed relevant, it may be ruled inadmissible if its prejudicial effect on jurors outweighs its probative value o Must be provided by a qualified expert  Type/amount of training - Problems with the criteria study p. 23 Science and methodology (course manual) - Charles Pierce – 4 principles o Method of tenacity  People hold their beliefs on how the world operates because they know them to be true based on experience. Even when faced with contradictory evidence o Method of authority  People believe things because authoritative figures/institutions declare it so o A priori method  Idea believed to be true because it only stands to reason  Based on rational logical thought. i.e. universal truths  Dominant approach to knowledge in legal process o Method of science  Testing of hypothesis/theory through observations and research  Recognize probabilities through systematic study  Dominant method to obtaining knowledge in psychology Social Framework - Psychology does not present the truth - Empirical facts that are replicable and explain theory yield generalizations that provide a social framework for understanding legal questions (Monahan, Walker 1988) - Laboraty research/field research are most important o Non-experimental: police records o Experimental: lab experiments, staged re-enactments - Importance of objectivity, research design, measurement, explanation and prediction - Can research be extrapolated to victims and witnesses in the real world? o Depends, controlled experiments in a lab and field experiments meet different standards of external/internal validity Expert testimony - Poffessor Dan Yarmey in R. V. McIntosh (1997) o Expert testimony on eyewitness memory in Ontario has been put on hold until further notice o Trial judge and the court of appeal in Mcintosh found expert testimony would not be more than common knowledge, and wouldn’t assist jurors in their deliberations - Critiques of expert testimony against the eyewitness o Wastes courts time and is common sense o Is prejudicial rather than probative o Makes jurors, and judges overly skeptical and inclined to reject eyewitness testimony - Response to critiques o Social framework aids trier of fact (judge or jury) in determining factual issues in a specific case . therefore aiding the judge in interpretation of eyewitness testimony Unit 2 – theories of criminal behaviour: psychopaths and young offenders Biological theories of criminal behaviour - Center of physiological, constitutional, or genetic determinants of behaviour - Cesare Lombroso (1876) o People were born to be criminals because they were throwbacks to primitive ancestry o Can be recognized by physical anomalies o Thoroughly discredited and never validated Somatotypes - William Sheldon (1949) - Attempted to associate physical characteristics with personality types o Endomorphs: fatties  Relaxed, social, lover of easy/good life o Mesomorphs: muscles  Energetic, powerful, competitive, confident o Ectomorphs: tall and thin  Introvert, shy, quiet, smart - More stereotypical and not proven, however Hollywood has played on stereotypes of body and personality Central nervous system - CNS produces behaviour by creating muscular, skeletal, glandular reactions - Researchers found abnormal CNS functioning in approximately 50% of criminals - Abnormal brain activity may be related to drugs, ect - Criminals may be maturational slow in cerebral development and thus retarded in socialization and cognitive awareness Autonomic Nervous System - Mediates the physiological processes associated with emotion - Research shows prisoners who are psychopaths in contrast to less psychopathic ones exhibit less ANS response (changes in heart rate, blood pressure, respiration, muscle tension) - Hare (1986) o These individuals: pathological lying, impulsivity, lack of remorse, lack of empathy for others Reader 2.1 Robert Hare (1996) Psychopathy – Clinical construct whose time has come - 1% of the general pop - 15-25% of the prison pop Assessment of psychopathy - DSM-II (Diagnostic and Statistical Manual of Mental Disorders) appeared in 1968 o Psychopaths are unsocialized, impulsive, guiltless, selfish, callous who rationalize their behaviour and do not learn from experience - DSM –III (1980) o Introduction of list of criteria for antisocial personality disorder (APD). However criteria consisted entirely of persistent violations of social norms (lying, stealing, truancy, traffic arrests, inconsistent work behaviour) o This was due to personality trails are difficult to measure reliably - Hare published the Psychopathy Checklist (PCL-R) in 1991 o Uses a score system - DSM-IV (1994) o Psychopathic personality disorder (PPD) was derived from that of the adult DSM III, however psychopathy wasn’t previously included as a definition of APD, therefore could be used in court more frequently Psychopathy in children - Determining budding psychopathy is difficult to discern from ADD, ADHA, or oppositional defiant disorder - PCL-R revised to include criteria for children o Impulsivity and conduct problems o Interpersonal aspects, guilt, lack of empathy, superficial charm Psychopathy and the CJS - Assessment of risk for recidivism and violence o Predictive validity is important o Rice + Harris (1992) correlation between PCL-R scores and recidivism was .33 o Recidivism: 83% in first year for psychos. 42% for other offenders o Therapy and violent recidivism  For nonpsychos: 22% for treated and 39% for untreated  For psychos: 77% for treated and 55% for untreated.  Higher? Insight oriented programs may help psychos develop better ways of manipulating, deceiving, and using people rather than personal insight - Psychopaths have a propensity to violate societies rules and expectations o Crimes range from theft to murder o FBI study (1992) found almost 50% of officers killed in line of duty by individuals were those who matches the profile of a psychopath - Sex offenders o PCL-R score of 30 is prevalent among convicted rapists o Are resistant to treatment and psychos more likely to recidivate The manual on the reading - APD is evident in adolescence and continues through the lifespan - Constitutional and genetic factors are the main causes - Is a huge risk factor for future violence Psychopaths (textbook p. 288-307) - They are Intraspecies predators (Hare, 1993) o Seek vulnerable victims for personal benefit o Use violence and intimidation o Lack conscience and feelings for others - Psychopathy o Personality disorder defined by a collecton of interpersonal, affective, and behavioural characteristics, including manipulation, lack of remorse or empathy, impulsivity, and antisocial behaviours Assessment - Most popular is the Hare Psychopathy Checklist- Revised (PCL-R) o 20 item rating scale uses a semi-structured interview of file information to assess interpersonal (manipulativeness) affective (lack of remorse, shallow emotions) and behavioural (impulsivity, selfishness) o 3 point scale on each item  2 indicates it applies  1 indicates to some extent  0 indicates it does not apply o Our of 0-40, with 30 or greater diagnosing psychopathy - Self-report questionaires o Easy to administer o Able to measure attitudes/emotions not easily visible by others o Can be subject to manipulation, psychopaths may not have proper insight to asses their own traits, may be difficult to report on emotions if they don’t feel them - Self-report scales o Psychopathic Personality Inventory-Revised (PPI-R)  154 item inventory  8 content scales, 2 validity scales, measures 2 factors (fearless dominance, sself- centered impulsivity) o Self-Report Psychopathy Scale (SRP)  4 factors  High SRP scores is best predictor of cheating  Erratic lifestyle, callous effect, interpersonal manipulation, criminal tendencies Lilenfield chimpanzee study - Male chimpanzees scored higher than female chimpanzees for psychopathy Psychopathy and antisocial personality disorder - Antisocial Personality Disorder (APD) o A personality disorder characterized by a history of behaviour in which the rights of others are violated o Evidence for conduct disorder before age 15 displaying 3 or more symptoms  Repeatedly engaging in criminal acts  Deceitfulness  Impulsivity  Irritability  Recklessness  Irresponsibility  Lack of remorse - Sociopathy o Label describing a person whose psychopathic traits are due to environmental factors o Problems adapting to society, develop psychopathic traits due to poor parenting and other environmental factors, unlike psychos who are genetically predisposed - APD places emphasis on anti-social behaviour than PCL-R o APD high in prisons, with up to 80% of adult prisoners diagnosed o 10-25% can be psychopaths using the 30 score on the PCL-R Forensic use of psychopathy - Canada: o Psycho used in making sentence decisions: to support case transfer from youth to adult court, dangerous offender hearings, parole eligibility, assess mental state at time of offence hearing - US: o PCL-R used in sexual violent predator evaluations and death penalty sentencing. Also in child custody hearings - Insanity defence: o A diagnosis does fulfill the disease of the mind requirement o It has never fulfilled the second requirement of not appreciating the nature or quality of the act or knowing that it is wrong Psychopathy and violence - Start are a younger age and persist longer, committing more frequent and greater variety of violent offences - Those in treatment less likely to violent recidivism - Instrumental violence in predatory manner without emotional context o Target strangers motivated by revenge or material gain - Manipulation of the CJS o Psychopathic offenders were given early release from prison more often than non- psychos o Less likely to succeed when followed-up on In the community - Assessed 203 corporate professionals (Hare, 2010) o 8 of them scored above 30 o Less likely to be team players, poor management skills, poor performance appraisals o Better communication skills and strategic thinking Sexual violence - Weakly associated with sexual offences, but those who commit sexual homicide are the most psychopathic followed by those who assault both children and adults Treatment - Treatment is associated with an increase in violent recidivism among psychopaths - However, psycho sex offenders who dropped out of treatment were more likely to offend, those who stayed were less likely Psychopathy in youth - Does not suddenly appear in adulthood - Antisocial Process Screening Device (APSD – Hare, 2001) o Observer rating scale to address psycho traits in children o Callous-unemotional factor, impulsivity factor, narcissm factor - Hare Psychopathy Checklist: Youth Version (PCL:YV) o Measures psycho traits in those ages 12-18 - Problems associating the label of psychopath with youth o Murrie (2005) little evidence showing psycho diagnosis affected juvenile probation officer judgements o Edens (2003) mock jury more likely to support death penalty for psychopathic youth, but still less supportive than death penalty for psychopathic adults - Youth may be more responsive to intervention , others scoring high ratings demonstrate otherwise Nature vs. nuture - Strong genetic contribution to psychopathy o Identical twins more similar in PPI scores than fraternal twins - Family o Best predictors of adult psychopathy were criminal parents, a uninvolved father, low income, disrupted family, physical neglect o No single variable of family background is responsible, with psychopathy emerging irrespective of family background Psychopathy and law enforcement - Large challenge, psychos engage in high rates of crime, including violent offences – resulting in more police contact and potentially lethal confrontations o Davis (1992) – half of police killers were psychopaths. crime scene, weapon choice, and time, often reflected impulsivity - Interrogation: p. 304 o Appealing to psychos sense of grandiosity and need for status is more effective o Will try to outwit, enjoy focus of attention, will not be fooled by bluffs, attempt to shock interrogators o Suggestions for interrogator: be familiar with case, convey experience/confidence, show admiration from suspect, avoid criticising the suspect, avoid expressing emotions Cognitive models and affective models of psychopathy - MacCoon (2007) psychos have response modulation deficit: a theory suggesting psychos fail to use contextual cues that are peripheral to a dominant response set to modulate their behaviour o Deficit in experience of critical emotions that guide prosocial behaviour and inhibit deviance - Blair (2006) amygdala dysfunction theory: almond shaped structure located in the medial temporal lobes, part of limbic centre that regulates expression of emotion and emotional memory o Has been argues that emotional deficit seen in psychos can be explained by an attention deficit and are not due to an amygdala-mediated deficit Course reader Sensation seeking behaviour - Involvement in crime may be engaged in as a alternative to a booring life - Zuckerman (1979) – individuals with high sensation seeking needs are o Extroverted impulsive, anti-social, nonconformist - Youth who live in recreationally and culturally empty communities may engage in delinquent behaviour to satisfy these needs Genetics - Bad seed theory: o Popular, but false o Refers to notion individuals are destined to be criminals based on heredity o Genetics do not determine behaviour, but influence it, including criminal behaviour - Testing the relationship o Compare concordance rate (% of pairs of twins sharing criminal behaviour) between monozygotic twins (identical) and dizygotic twins (genetically different fraternal twins) o Early research suggested a strong relationship, but recent research has disputed this. Nevertheless genetic factors play a major role influencing criminality  Concordance rate is far from 100%  Conclusion: genes influence predisposition for development of criminal behaviour - The XYY chromosome o Supermale XYY chromosomal syndrome is no longer accepted  They argued this configuration resulted in super-aggressiveness  Many XYY men are not aggressive or criminal o However, men commit a overwhelming amount of violent crime, in the US men commit  90.5% of murders  98.8% of forcible rape  90.7% robberies  82.3% aggravated assault  90.6% of all violent crime Psychological and social psychological theories of criminal behaviour - Concerned with how people learn, maintain, and modify their behaviour Psychoanalytic theory of crime - Freud (1960) - Personality is composed of 3 parts o The ID (basic aggressive instincts and sexual drives) o The ego (logical and rational part of personality keeping individual in touch with reality) o The superego (values and conscience of the individual) - The ego and superego are constantly in conflict with ID to control personality - Criminality: o If weak super-ego is developed during youth, individual may be unable to control impulses, leading to a id-driver pleasure seeking self centered person o Also sees criminal behaviour as an expression of displaced aggression where individuals attack society to replace anger caused by someone else too powerful to attack Reader 2.2 Waschbush (2004) – investigation of the heterogeneity of disruptive behaviour in elementary aged children - 3 aspects of disruptive behaviour in children o Reactive-oppositional behaviour o Proactive-callous behaviour o Inattention-impulsive-overactive behaviour - Disruptive behaviour affects 5-10% of elementary school children o Have fewer friends, academic struggle, impaired family relationships o Is not a temporary condition, and shows stability over lifespan - 50-70% of children who experience childhood disruptive behaviour are arrested in adulthood - 40% developing APD as adults - Inattentive-impulsive-overactive (IO) behaviour - Oppositional-defiant (OD) behaviour o These are common subtypes, demonstrating propensity for violent chronic anti-social behaviour Course manual Criminal thinking patterns - Yochelson and Samenow (1976, 1984) proposed criminals think in different ways o Thoughts were logical and consistent, yet erroneous and irresponsible o See themselves differently from society and deny responsibility o Criminals become criminals as a result of choices they make at an early age, they’re in control of their actions as opposed to being victims of their environment Learning theory - Assumes deviance is learned from experience/environment - External forces and response set facts - If deviance is reinforced then the probability of deviance being shown is increased o Even punishment can strengthen deviant behaviour. Example . p.10 Textbook p.308-324 – Assessment and treatment of young offenders History - Juvenile Delinquent Act (1908) o A separate court system for youth o A min age (7) was set for a child to be charged o Judges had sentencing discretion/options increased (fines, foster care, ect) o Parents encouraged to be part of the process - Young offenders act (1984) o Youth now accountable for actions, not to the extent adults are o Public had right to be protected from young offenders o Young offenders have legal rights and freedoms, including those described in the charter o Children must be at least 12 to be charged criminally o Criticism  Violent offenses carry light sentences  Disagreements concerning raisings min age from 7 to 12  Discrepancies with factors leading to youth transfer to adult court - Youth Criminal Justice Act (2003) o Goals to prevent youth crime o Provide meaningful consequences and encourage responsibility o Provide rehabilitation and reintegration into community o Changes  Less serious/violent offences should be kept out of court process  Extrajudicial measures increased  Focus on prevention/reintegration  Transfers to adult court are removed, not youth court judges can impose adult sentences  Victim needs are recognized - The YCJA places a movement to keep youth out of the system, involving extrajudicial measures such as warnings or treatment referrals Today - YCJA prevents youth from being named and reported to the media under the privacy clause. o Only special circumstances, youth aged 14-17 convicted of serious violent offences may have their names released Assessing those under 12 - Parental consent required, however court-order consent overrides it - Internalizing problems o Emotional difficulties such as anxiety, depression, obsessions - Externalizing problems o Behavioural difficulties such as delinquency, fighting, bullying, lying, or destructive behaviour o They are stable problems o Assessment:  Parents/teachers/peers  Behaviour considered to be developmental  Duration of behaviours should be measured  Child may not be aware of problems - 3 main psychiatric diagnoses occur in young offenders o Attention deficit hyperactivity disorder (ADHD)  Persistent pattern of inattention and hyperactivity or impulsivity o Oppositional defiant disorder (ODD)  Persistent pattern of behaviour characterized by negativistic, hostile, and defiant behaviours  40% develop CD o Conduct disorder (CD)  Youth violates the rights of others or age-appropriate societal norms or rules  Lighting fires, hurting animals, fights  50% develop APD Assessing adolescents - Court ordered evaluation does not require consent - Issue is to determine risk of reoffending - Different than adults o Adults: past behaviour is considered in risk assessment o Adolescents: information is ambiguous, don’t have the years to be assessed in the same manner - May display behaviour that is adaptive to the environment they are in rather than behaviour demonstrating their character in all situations - Experience more character/developmental changes than adults - Risk assessment tools for youth in canada p.318 o ACDI, HCR-20, ORAMS, ISA/PRA, SAVRY, YLS/CMI, YO-LSI - Behaviour disorder rates o 5-15% of children display problems o 20-50% of children with ADHD also have symptoms of CD or ODD Trajectories of youth offenders - 2 categories: childhood onset vs. adolescent onset o Those who started with behavioural problems in early childhood o Those who developed problem behaviours in teen years - Findings o Early age of onset related to more serious antisocial behaviour later in life o Early onset may involve ADHD, learning disabilities o Childhood onset occurs less frequently, with 3-5% of the population o Adolescent onset pattern occurs in 70% of the population o Social transgression is common Explaining anti-social behaviour - Social learning theory o Bandura (1965) o Children learn behaviours from observing others. More likely to imitate behaviour receiving positive reinforcement  Can imitate parents, siblings, peers, media figures o i.e. video games and violence  desensitization to violence due to exposure to violent media as entertainment risk factors - individual o parents own history of ADHD or behavioural problems o pregnant womans use of substances o child’s temperament (impulsivity) - familial o neglectful parents/weak parent child relationships o overly strict punitive parents o alcoholic parents and neglectful parents o low SES, family size, parent’s mental health problems - school/social o trouble reading, lower intelligence o peer influences – aggressive peers protective factors - resilience is a characteristic of a child who has multiple risk factors but doesn’t develop problem behaviours - individual o good social skills, confident perceptions and values within the child - familial o supportive parents and strong relationships - social/external o peer groups, prosocial peers course manual - the belief people can be categorized into criminal typologies based on personality types is FALSE - social typing of criminals is common, but usually rely on heavy stereotyped beliefs - social learning theory o differential reinforcement, learning through modelling, and cognitive factors are most important for developing behaviour o Observational learning  Attention to features of modeled behaviour  Retention of features in memory  Reproduction of observed behaviours  Reinforcement of attempted behaviours determines if they will be done again o Bandura on social learning and aggression  Familial influences  Aggression/coercion as discipline in conflict resolution. Children reflect this behaviour in similar situations  Subcultural influences  Groups which value aggression and reward its members with such behaviour  Symbolic models  Mass media promote viewing of violence. Influence is strong in aggressive children UNIT 3 – Police officers Course manual Roles and functions of police - Traditional role involves law enforcement and maintenance of public order - However, they often are required to be o Problem solvers o Decision makers o Social workers - 80-90% of their time is spent o Disaster assistance o Administering first aid o Intervening with attempted suicide o Locating missing persons o Domestic disputes, situations involving disorderly youth, drug addicts, ect. Styles of policing - Watchman style o Maintenance of public order rather than law enforcement o Officers given wide discretion o Style lacks professionalism and promotes under enforcement of the law - Legalistic style o Strict law enforcement o Officers make decision according to letter of the law o High specialization amongst officers o Arrests/citations very common - Service style o Less formal than legalistic but more controlled than watch o Police intervene with public that expects personal attention to private needs and demands o Adhere to legal regs, but are public servants and must be helpful/compassionate - Early 20 century police were tied closely with political agendas o Increased possibility of bribery, graft, corruption - 1930-1970s agencies made efforts to separate police from political influence o Crime rates increased during this period o Civil rights groups protesting police and legislators o Minorities concerned with victimization/unequal treatment - 1980s-present o Departments influenced by community policing strategies  Police less militaristic, more interaction with community leaders/public o Decentralization of power, hiring civilians to do non-law enforcement administrative tasks Textbook p 26-55 – police psychology Police selection - Complex, demanding, stressfull, dangerous work requiring smart, creative, patient, ethical, and hard working people - Police selection procedures screen out undesirable candidates and vice versa o Personal features: fitness, cognitive ability, personality, performance on job-related tasks - History o 1900s  Lewis Terman used IQ scores in police selection o 1950s  Psychological/psychiatric screening are standard o 1960s-1970s  1967 U.S. Commission on Law Enforcement and Administration  Recommended higher educational requirement for officers  1973 National Advisory Commission on Criminal Justice Standards  Establish formal selection process, with tests measuring cognitive ability and personality features - In Canada o Similar process to the states o Background checks, medical exams, interviews, personality tests, drug tests, physical tests, polygraph, recommendation leters, cognitive ability tests  Not always standard, Edmonton police uses polygraph, Hamilton police does not Selection process - Roughly the same for all agencies (Gowan, Gatewood 1995) 2 stages: - Stage 1: job analysis stage o Department must define KSA’s (knowledge, skills, abilities) of a good officer o Conducted by a organizational psychologist using survey methods/observational techniques o Most important KSAs relate to cognitive skills  Most common are: honesty, reliability, sensitivity to others, communication, motivation, team play, problem solving o Problems:  KSAs of a good officer may not be stable over time  KSAs are different depending on position of officer (manager vs constable)  Which KSAs are important can be debateable  Officers say sense of humor, yet management will never state this - Stage 2: construction/validation stage o Construction: Develop selection instrument for measuring extent applicant has KSAs o (validation)Ensure instrument relates to measures of police performance  Predictive validity: ability to use selection instrument to predict how applicant will perform in the future (p. 31 box 2.1) o Problems with validation research:  How we measure performance is crucial, various measures exist but there is no answer o Measures of job performance  Tardiness, complaints, commendations, academy exam scores, performance ratings by peers/supervisors  No indication on which measure is best, and agencies do not agree on defining good performance Validity of police selection instruments - The selection interview o semi-structured, designed to test applicants possession of KSAs o Little evidence showing predictive validity of selection interview o More structured interviews have higher chances of predicting future performance - Background check o Most common - Psychological tests o Cognitive ability test: measures verbal, mathematical, memory, and reasoning abilities  RCMP Police Aptitude Test (RPAT): 7 core skills to police duties  Written composition, comprehension, memory, judgement, observation, logic, computation  Better at predicting performance during academy training that future on-the- job performance  Personality variables play a role in determining job success, above ones cognitive abilities o Personality tests:  Minnesota Multiphasic Personality Inventory (MMPI): used for identifying people with psychopathological problems  Designed in 40s not intended for police officers  567 true/false questions to determine depression, paranoia, schizophrenia  Shown to be effective when predicting problematic police behaviour (i.e. suspensions)  Little evidence to show ability to predict academy and on-the-job performance, most likely due to the fact MMPI wasn’t developed as a selection instrument  Inwald Personality Inventory (IPI): used to identify applicants who are suitable by measuring their personality attributes and behaviour patterns  Unlike MMPI, developed specifically for law enforcement  310 true/false measuring stress reactions, interpersonal difficulties, alcohol and drug use  Studies show to be effective at predicting supervisor ratings, citizen complaints, overall composite of negative indicators Assessment Centers - Assessment center: facility where behaviour of police applicants can be observed in a number of situations by multiple observers - Uses the situational test which is a simulation of a real-world policing task o Evaluates a range of KSAs o i.e. simulated domestic disturbance  15 minutes to meet with 2 involved people and resolve it  20 mins to complete a incident report Police discretion - Policing task that involves discriminating between circumstances that require absolute adherence to the law and those where a degree of latitude is required - Why is it necessary? o Impossible to establish laws that encompass all possible situations and officer will encounter o Officer who enforces all laws all the time would be in the station/court all the time, and of little use when serious problems arise o Legislators pass laws that they do not intend to have strictly enforced all the time o Legislators pass vague laws requiring interpretation o Most violations are minor not requiring full enforcement o Full enforcement would overwhelm the CJS o Limited resources o Full enforcement would alienate the public and undermine police support - Youth crime o Police have great deal of discretion o 30-40% of US youth crime is handled informally or through community services o In Canada, YCJA stresses use of warnings, involving family, arrest-and-release, intervention programs  Over 78% of officers in Canada would usually or always consider informal action against young offenders  22% said they would never or occasional consider informal action o Due to belief that Criminal justice processing makes matters worse for young offenders o Resolution conference: involves offender and his family coming together with the victim and police to attempt to solve a problem  Sparwood Youth Assistance Program  Compensate the victim  Penalize the youth  Provide support for youths family  Establish monitoring scheme to ensure compliance with program - Offenders with mental illness o 3 options  Transport person to psychiatric institution  Arrest person and take them to jail  Resolve matter informally o People with mental illness are arrested, charged, or both 10% more than those without  Discrimination? Mentally ill commit more serious crime? - Domestic violence o Historically ignored by police, but 60s-70s victim needs more apparent, and the result of various lawsuits against departments and research o Historically, arrest rates have been ranged from 75% to 100% o Arrests rates range from 12% to 40% in domestic violence cases seen by police o Options  Mediation  Community referrals (professional help)  Separation (asking one to leave) o Merton (1999)- police still chose to do nothing at all in most cases - Use of force o Many ramifications involving injury, death, and lawsuits o 2 ambiguous definitions laid out by the Criminal code  Reasonable grounds and As is necessary o Use of force is rare – less than 1%  US – 1.5% of those who come into contact with police experience use of force or are threatened with it  Canada - .07% of police-public encounters  93.6% are male  88% requiring use of force were drunk, drugs, emotional distress  Batons are the most injurious use of force tool Controlling discretion - Codes of conduct o Use of force continuum: model guiding police decision making in use-of-force situations by indicating level of appropriate force given suspect behaviour/environmental conditions o Level of force that is one step higher than the suspect Police stress - Organizational stressors (relating to organizational issues) o Lack of career development/advancement, excessive paperwork - Occupational stressors (the job itself) o Irregular work schedule, human suffering (constant exposure to bad life) - Criminal justice stressors o Ineffectiveness of corrections system (recidivism rate and offenders perpetually “on-the street)”, unfavourable court decisions - Public stressors o Distorted press accounts (reports seen as derogatory, even if inaccuracy is unintentional), ineffectiveness of referral agencies (social service agencies frustrate officers who view them as their only source of assistance) - Top stressors for ontatio officers (in order) o Feeling different rules apply to different people, fatigue, feeling of having to constantly prove yourself, dealing with the court system, red tape - Consequences o High blood pressure, cholesterol, ulcers, diabetes, death, aggression, anxiety, PTSD, low moral, absenteeism, early retirement, citizen complaints Course manual Police personality - Police personality emerges from job demands known as working personality - Stanford Prison Experiment (1973) Reader 3.1- Beutler, Nussbaum, Meredith – changing personality patterns of police officers (1988) - MMPI most common o Has been successful in predicting retention, use of force, and success of officers o Criteria for good performance are not standard, affecting results - Study o 25 officers, hired within last 12 months. Police department of a university - Results o Did change across time occur on any of the areas assessed on MMPI subscales? o Police service is associated with adverse psychological change o Initial changes after 2 years of service suggest officers have been responding negatively to police social system and demonstrate addictive behavioural vulnerabilities o After 4 years further deterioration of psychological stability  Personality suggestive of being at risk for stress-related physical complaints and substance abuse o Officers are at risk for substance abuse as a preferred method of coping with stress Course manual - Officers as a group may share 8 characteristics o Authoritarianism  Chain of command and authority to use force. Officers view themselves as authority figures and expect due respect  Result of occupational socialization rather than authoritative personality type o Prejudice/bigotry  Easy targets, officers are no more prejudice than the community they represent as a whole o Suspiciousness  Trained to notice events that would pass by those working in mundane everyday situations. i.e. threats that come from respectable looking people o Cynicism  Can show a loss of faith in people over time. Constant contact with undesirable people and a appreciating public. o Isolation  Constant alertness distances them form ordinary citizens. People who meet an officer off-duty can feel intimidated/afraid. Results in socialization with other officers and extend to families  The CJS: lawyers, judges, jurors who are more concerned with human rights than law enforcement can frustrate officers o Secrecy  Outsiders can be seen as the enemy, due to brotherhood allegiances in the police force. Can lead to corruption o Aggressiveness  Can be a coping mechanism when dealing with social environments perceived as hostile/demeaning  High defensiveness when authority is challenged, not are all as identity secure as “crime fighting prosecutors” o Lack of emotion  Dealing with broken bodies, death, misery and being the bearer of this information requires a degree of detachment. However this detachment can sometimes be brought home, where personal attachment is expected and required Reader 3.2 – Colman, Gorman (1982) – conservatism, dogmatism, and authoritarianism in british police officers - 48 police recruits - 36 probationer constables 20 months experience - 30 control group (normal people matched to Socioeconomic status of recruits/constables) - Results o Conservatism, dogmatism, authoritarianism strongly related to SES o Probationers  Most conservative group  More intolerant towards the death penalty than control group  More intolerant towards colored immigration than recruits/control group o Changes following basic training  Recruits became less conservative and less authoritarian o Patterns  Police force tends to attract to it people who are more conservative and authoritarian that those of comparable SES in other occupations.  No support to the view that socialization into police subculture leads to an increase in conservatism, dogmatism, authoritarianism among those who have already joined the force  Liberalizing effect of basic training is short lived and does not survive the integration of the constable into police subculture.  Compared to occupations with similar SES, police force tends to attract those with less educational attainment. Manual Stress and policing - The main enemy of the officer is the inability to cope with psychological stress - Stress: the perceptual phenomenon arising from a comparison between the demand on the person and his ability to cope - Major sources of police stress o Court system soft on criminals o Poor interdepartmental communication o Equipment in disrepair/unavailable o Negative community relations o Shift work cause physical strain/poor social relationships o Heavy responsibilities/crisis situations o Social isolation - Police-citizen shootings can cause PTSD when police are the victim or having killed a citizen (especially when innocent) o Symptoms can appear months later o Flashbacks, depression, axiety, guilt, suicide, alcoholism female police officers - Separate sources of stress - Trouble being accepted into macho, male dominated brotherhood o Perception women lack strength, aggressiveness, toughness to do real police work o Wonder if women will protect them physically and with deadly force o Sexual harassment and questions of sexual orientation Reader 3.3 janus, lord, power (1988) – women in police work - 135 sworn female police officers - Feelings of distrust/hostility towards stereotypes of women o Too emotional, irrational, persistently illogical and too lacking in objectivity to deal with dad-to-day police matters o The more successful a woman is in policing, the less she is viewed as female  Bitchy, castrating, lesbian - Findings o 64% plan to stay in police work until retirement o 62% reported no loss in feelings of femininity o 41% chose the job for self-gratification, 43% cited financial reasons o 69% reported pubic support to be equal to men o 78% believe public has confidence in their performance o 55% were assigned a demeaning detail because they were women o 68% experienced sexual harassment from male peers o 79% reported sexual partners reacted to implied danger of being a officer o 68% report they are more comfortable with male officers - Conclusions o Women no longer a token force, working alongside men in all areas of police work o Enjoy their jobs, sexual harassment is reported, but mostly directed at young officers UNIT 4 – Police procedures Manual Profiling of criminal suspects - Crimes demonstrating psychopathology such as sadistic torture, satanic sexual abuse, ect. Often leaves cues behind at the crime scene o These can lead to identifying traits about a certain offender’s behaviour o Criminal profiling is also used in crimes involving drug couriers, hijackers, and illegal aliens - FBI’s Behavioural Science Unit have used psychological profiles of criminal subjects since the 70s - These techniques allow the understanding of how Violent offenders typically select and approach victims, perpetrators reactions to their crimes, their personality, ect Textbook Chapter 3 – psychology of police investigations - Collection/evaluation of investigative information is a key investigative task - Investigative decision making is also important police interrogations - Confession evidence is often viewed as a “prosecutors most potent weapon” - Confession can be the sole basis of conviction o In North America, it must be backed by some other form of evidence o Therefore interrogation is also important for gathering evidence - Police interrogations are a process whereby a police interview is conducted for the purpose of gathering evidence and obtaining confession o Is inherently coercive, designed to give police power over the suspect th - Mid-20 century o Brown v. Mississippi  Whipping was used to obtain confessions - Physical coercion has become less frequent over time, it has been replaced with subtle, psychologically based interrogation techniques o i.e. lying about evidence, promising lenient treatment, implying threats to loved ones - Mr. Big Technique p.58 o Happens outside of interrogation room o Police officers pose as members of a criminal organization and attempt to lure the suspect into the gang  Made to commit minor crimes (that go unpunished), whereby they are interviewed for a higher “job”, but in order to seal the deal, they must confess to “Mr. Big” a serious crime o 75% success rate and a 95% conviction rate - Offenders are typically reluctant to confess, they must be tricked into doing so Reid Model of interrogation - Officers often receive specialized training in how to extract confessions from suspects - Most common program offered in NA is based on a book titled Criminal Interrogation and Confessions (Inbau et al. 2004) - Within the book, the famous Reid Model developed by John E. Reid, a polygrapher from Chicago - 3 part process o Stage 1: To gather evidence related to the crime and to interview witnesses and victims o Stage 2: To conduct a non-accusational interview of the suspect to assess any evidence of deception (lying or innocent) o Stage 3: To conduct an accusational interrogation (if perceived to be guilty) - Stage 3 has 9 steps o Suspect is immediately confronted with his/her guilt  If no evidence exists, interrogator can pretend it exists o Psychological themes are then developed that allow the suspect to justify, rationalize, or excuse the crime (i.e. telling a suspected rapist the victim was asking for it) o Interrogator interrupts any statements of denial to ensure suspect doesn’t get upper hand o Interrogator overcomes the suspect’s objections to the charges (so suspect becomes withdrawn/quiet) o Interrogator them ensures that the suspect does not tune out of the interrogation by reducing the psychological distance between the interrogator and the suspect, such as by physically moving closer to the suspect o Interrogator exhibits sumpathy and understanding, and the suspect is urged to come clean o Suspect offered face-saving explanations for the crime (making self-incrimination easier to achieve) o Once suspect accepts responsibility for the crime, interrogator develops admission into a full confession o Suspect writes and signs a full confession - Other suggestions for the process o Have a plainly painted interrogation room to avoid distraction o Having the evidence folder in your hand o Make sure suspect is alone in the room before interrogator enters - Based on the idea that suspects do not want to confess because they fear potential consequences o This fear of consequence is not sufficiently outweighed by internal feelings of anxiety associated with remaining deceptive o The model then aims to make consequences of confession more desirable than the anxiety related to deception - The model employs 2 main techniques o Minimization techniques are soft sell tactics used by police interrogators that are designed to lull the suspect into a false sense of security  Sympathy, excuses, justifications o Maximization techniques are scare tactics used to intimidate a suspect believed to be guilty  Exaggerating the seriousness of the offence, making false claims about evidence the police supposedly have Reid model in north America - Not possible to say how often officers use the Reid technique o Canada: o Some suspects were not read legal rights o interrogators do not strictly adhere to the core components of the reid model o Very few coercive strategies were observed in interrogations o More confessions given when interrogations contained greater proportion of reid techniques (Snook, 2009) Problems with the reid model - The ability of investigators to detect deception o Actual interrogation of a suspect begins only after initial review has allowed the interrogator to determine whether the suspect is guilty o Very little evidence suggesting officers can detect deception with any degree of accuracy o Result: the decision to interrogate a suspect using the reid model of interrogation will often be based on a incorrect determination of guilt o Procedural safeguards protect the individual during transfer to the interrogation phase  Miranda rights: only when suspects voluntarily waive these rights that their statements can be used as evidence against them  Some do not understand their rights as they are presented, such as young and retarded people  Presenting the cautions in written format one element at a time allows greater comprehension - Biases that may result when interrogators believe, perhaps incorrectly, that a suspect is guilty o Entering the interrogation already believing suspect is guilty, seeking information to interpret that verifies their belief o Mock interrogation study:  Interrogators with guilty expectations asked more questions that indicated their belief in suspects guilty  Those with bias use a higher frequency of interrogation techniques, especially at the outset of interrogation  Judge more suspects to be guilty, regardless of whether they were or not  Exerted more pressure on suspects to confess  Suspects had fairly accurate perceptions of interrogator behaviour (innocent suspects believed interrogator to be exherting more pressure)  Neutral observers viewed biased interrogators as more coercive, and viewed suspects to be more defensive - Coercive nature of certain practices, and that they may result in false confessions o Decision to admit confession evidence lies on the trial judge  If it was made voluntarily and if defendant was competent o Decisions resulting from coercion will not be admitted in court  Brute force, isolation, deprivation of food and sleep, threats of harm, promises of immunity, not notifying suspect of constitutional rights o R. v. Hoilett (1999)  Arrested for sexual assault, was under influence of alcohol and crack  Was stripped of clothes and sat naked in cell for 1 and a half hours  Interviewer was aware he had consumed drugs, but believed he wasn’t impaired during interrogation, only tired  Requested a tissue to wipe his nose as that he was cold, officers said these would be available to him after the interview  Made a incriminating statement  Judge disapproved of inhumane conduct, but noted it didn’t affect free will of offender and he was convicted  Appeal court  Issues of competence were raised: substantial evidence he was not during interview.  Confession rules involuntary, and new trial was to be held  His decision to speak was also influenced by how cold he was, and that he would be helped after his interrogation Alternative to the Reid Model - England and Wales o PEACE model (planning and preparation, engage and explain, account, closure, and evaluation) o Inquisitorial framework (reid model is accusational) o Based on a interview method known as conversation management, which encourages information gathering more than securing a confession  Abandons term interrogation for investigative interviewing o A decrease in the use of coercive interrogation tactics does not necessarily result in a substantial reduction in the number of confessions that can be obtained o Roughly 50% of all suspects confessed to crimes before and after the PEACE model was introduced False confessions - Either intentionally fabricated or is not based on actual knowledge of the facts that form its content - In 70 cases of wrongful convictions, 21% included confession evidence later found to be false - Retracted confession: one that the confessor later declares to be false - Disputed confession: are those disputed at trial. May arise due to legal technicalities, or because suspect disputes confession was ever made - Frequency of false confessions o Nobody knows o Research: false confessions among inmates vary from 0.6 to 12% - Voluntary false confession occurs when someone confesses to a crime they did not commit without any elicitation from the police o Morbid desire for notoriety o Inability to distinguish fact from fantasy o Need to make up for pathological feelings of guilt by receiving punishment o Desire to protect somebody from harm (common among juveniles) - Coerced-compliant false confessions occurs from a desire to escape a coercive interrogation environment or gain a benefit promised by the police o Most common o Cased by use of coercive techniques o Confessions given so that:  Suspect can escape further interrogation  Gain a promised benefit  Avoid threatened punishment o R. v. MJS (2000)  MJS charged with aggravated assault on his baby son  Techniques mainly involved psychological themes to justify the crime (“baby’s bones are so fragile”)  Every time accused denied, officers interrupted saying they knew he was guilty, also lied to accused saying they cleared everyone of guilt who was involved. Stated his family would be ruined if he didn’t confess  Judge ruled confession extracted by threats and implied promises, therefore suggesting “total reliance on the technique can produce false apology” - Coerced-internalized false confessions occur from suggestive interrogation techniques, where the confessor actually comes to believe he or she committed the crime o Vulnerability factors  History of substance abuse or other interference with brain function  Inability to detect disparancies between what they observed and what has erroneously been suggested to them  Factors associated with mental state, such as anxiety, confusion, of feelings of guilt False confessions: lab study - Kassin and Kiechel p.72 o How 2 factors would affect participant reactions to allegations  Participant vulnerability (certainty concerning his own innocence) o Compliance: tendency to go along with demands made by people perceived to be in authority, even though the person may not agree with them  This was measured, and found: many participants accepted responsibility for the crime despite the fact they were innocent, especially the vulnerable participants presented with false evidence o Internalization: the acceptance of guilt for an act, even if the person did not actually commit the act  Many participants accepted blame, and internalized their confession o Confabulation: the reporting of events that never happened o Results:  Guilty participants were much more likely to confess (71.6%)  Innocent participants (20.3%)  Participants who were offered a deal were more likely to confess than participants who were not offered a deal  26% increase in true confessions,  When minimization tactics were used  35% increase in true confessions, 12% increase in false confessions  Minimization + deals used  41% increase in true confessions, and 37% increase in false confessions The consequences of false confession - Problem for the confessor and the police agency - Obviously, false conviction is a result - Jurors more likely to convict a suspect based on confession evidence even when they are aware that the confession resulted from coercive interrogation Criminal profiling - Definition: a investigative technique for identifying the major personality and behavioural characteristics of an individual based upon analysis of the crimes he or she has committed o Most commonly used in cases of serial homicide and rape o Most applicable in cases where extreme forms of psychopathology are exhibited by the offender  Sadistic torture and ritualistic behaviour o Used for numerous purposes  To set traps to flush out an offender  Determine whether a threatening note should be taken seriously  Give advice on how to best interrogate a suspect  To tell prosecutors how to break down defendants in cross-examination - Common personality and behavioural characteristics profilers predict: o Age, sex, race, intelligence, education, hobbies, family background, residential location, criminal history, employment status, psychosexual development, post-offence behaviour History - 1888 – jack the ripper o Never caught, surgeon tried to infer circumstances of crime and actions in order to develop psychological make-up - 1940 – NYC Mad bomber o Dr. Brussel profiled various characteristics, and the arrest of George metesky 17 years later had many of these traits - The FBI -1970 o Criminal profiling program o First real training in constructing criminal profiles Investigative psychology - David Canter o Founder of a field known as investigative psychology o Academic psychologist. Made countless contributions to the field - RCMP o VICLAS: violent crime linkage system  Collects and analyzes information of serious crimes across the nation o Police encounter linkage blindness which is an inability to link geographically dispersed serial crimes committed by the same offender because of lack of information sharing among police agencies Constructing a profile - Pinizzotto formula o WHAT+WHY=WHO  What: material profilers collect at the start of an investigation (crime scene evidence)  Why: motivation for the crime and crime scene behaviour  Who: actual profile constructed o Does not exactly tell us HOW o Is a art not a science, and based mainly on profiler’s experience and intuition - Deductive criminal profiling involves prediction of an offender’s back-ground characteristics generated from a analysis of the evidence left at the crime scene o Logical reasoning (i.e. longer fingernails on one hand suggests they played guitar) o Problem: logic of argument can be faulty (i.e. long fingernails could mean offender repairs old tires, not played guitar) - Inductive criminal profiling involves prediction of offender’s background characteristics from a comparison of that offender’s crimes with similar crimes committed by other known offenders o Determination of how likely a offender will possess certain background characteristics given the prevelance of these characteristics among known offenders - Organized-disorganized model (p.80) o An inductive profiling approach developed by the FBI in the 80s o Offender’s crime is either organized or disorganized o Offender’s background can also be classified organized/disorganized o Organized: well-planned and controlled crime (see chart)  Methodical individual o Disorganized: impulsive crime, chaotic in nature  Disturbed individual, suffering from some form of psychopathology Validity of criminal profiling - Police officers hold generally positive views of profiling - Snook et al. (2007) o Canadian police officers feel profiling is a valuable incestigative tool o Recognized limitations on profiling  Felt should be used as evidence in court  Shouldn’t be used for all types of crimes  Does have potential to seriously mislead an investigation - 3 common criticisms o Profiling is based on theoretical model of personality that lacks strong empirical support o Profiles contain information so vague and ambiguous they can fit many suspects o Professional profilers may be no better than untrained individuals at constructing accurate profiles Does profiling have a strong theoretical base? - Classic trait model: personality model that assumes the primary determinants of behaviour are stable, internal traits o Organized/disorganized approach relies on this o Traits result in expression of consistent patterns of behaviour across time and across situations o Consistency persists across offender’s crimes and into the offender’s lifestyle - Situational influences are also known to be very important in shaping behaviour o i.e. resistant victims, interruption during a crime, bad day at work o these can create behavioural inconsistencies across an offender’s crime, and in their life, making it difficult to get a accurate profile ambiguous profiles - criticism: profiles are too vague that they fit many suspects - 24% of all profiling opinions in 21 reports were ambiguous - Alison (2003) study o Can ambiguous profiles in fact be interpreted to fit multiple suspects o Supported that ambiguous profiles can in fact be interpreted to fit multiple suspects, even when the suspects were very different - How accurate are professional profilers? o Mixed results, o Profilers found to be more accurate than other groups when asked to construct profiles under laboratory conditions (other times found to be no more accurate) o Profession profilers are most accurate when it comes to cognitive process (degree of planning) and social history (marriage) o Psychologists were most accurate when it came to physical characteristics, offence behaviour (degree of control), and personality features (temperament) Geographic profiling - Investigative technique that uses crime scene locations to predict the most likely area where an offender resides o Common in serial homicide, rape, robbery, arson, burglary o Serial offenders are consistent in their crime selection choices, often committing their crimes close to their home location - Geographic profiling systems o Computerized systems that mathematically model offender spatial behaviour to make predictions about where unknown serial offenders are likely to reside - Heuristics o Simple general rules than can be used to make decisions and solve problems. Some reliance on heuristics can get biased decisions, or accurate ones o i.e. predicting that serial offenders live close to the locations of the majority of their crimes o snook (2004) – participants 50% made accurate decisions without training, as accurate as a computer system course reader - profiling process o analysis of physical evidence and victim photos and the crime scene o collection of information on victim movements prior to crime, autopsy, witness statements o generate hypotheses o analyze hypotheses, motives, level of risk taken by victim/perp o time taken for crime to be committed and location - problem: o does not identify specific suspect o descriptions generated are general o may limit investigative perspective so that contradicting information may be disregarded - is a art not a science, developed with experience - is descriptive in nature than theoretical and predictive of behaviour - in sum, profiling is a useful supplement to good investigative practice Deception (txt. P. 89-117) The polygraph technique - polygraph: a device reoding individuals autonomic nervous system responses o greek. Poly meaning many and grapho meaning write - developed by: William martson - device attached to upper chest and abdomen to measure breathing - sweat is measured via electrodes on finger tips - heart rate measured by partially inflated blood pressure cuff attached to arm - training: o in Canada, is restricted to police officers - applications: o criminal investigations  may ask alleged victims to verify if a crime has occurred o insurance companies  verify claims of insured o sexual offenders on probation  see if they have been violating conditions  test for risky behaviour, such as sexual fantasies about children - polygraph disclosure tests: polygrapg tests used to uncover info about an offenders past behaviour types of polygraph tests - does not detect lies o physiological state associated with lying is common with anxiety, anger, embarrassment, and fear - used to measure physiological responses to different types of questions. Some questions designed to elicit a larger physiological response in guilty individuals than innocent ones - comparison question test o CQT: includes irrelevant questions that are unrelated to the crime, relevant questions concerning the crime investigated, and comparison questions concerning the persons honesty and past history prior to the event being investigated o More effective at detecting guilty suspects o Process:  Pretest interview,  Examiner develops control questions, learns about background, attempts to convince suspect of accuracy of polygraph test  Quotes very high accuracy rates and conducts a simulation test o i.e. suspect will pick a card from a rigged deck, and examiner will prove accuracy  3 separate question sequences,  10 yes or no questions  Control questions designed to elicit emotional response  Irrelevant question “is you name craig?”  Relevant question “did you stab Lindsay?” “did you use a knife?”  Comparison question “during the 1 20 years of your life, did you do anything illegal?”  physiological response measured,  guilty suspects assumed to react more to relevant questions than comparison questions  innocent suspects assumed to react more to comparison questions  innocent people are assumed to tell the truth about the relevant question and will therefore react strongly to general questions about honesty and past history  post-test interview discussing results  outcomes: truthful, deceptive, inconclusive  if deceptive, examiner will try to elicit a confession - Concealed Information Test o Developed by Lykken (1960) originally called the guilty knowledge test o More effective at detecting innocent suspects o CIT does not assess deception but instead seeks to determine if the suspect knows details about the crime that only the person who committed the crime would know o Each question has 1 correct option and foils  Guilty suspect displayed larger physiological response to correct option  Innocent suspect displays same physiological response to all options o Principle: people react stronger to information they recognize as important than to unimportant information o Criticism:  CIT only works if suspect remembers details of crime o Palmar sweating is the most common physiological response measured o Response time to questions can identify suspects with guilty knowledge o Pupil diameter and blinking is also a detector o Use:  Not routinely used in Canada and US  Used regularly in Israel and Japan o Why not common?  Examiners believe in accuracy of CQT, therefore not motivated to use more difficult CIT  If details of crime appear in the media, they cannot be used to construct a CIT Validity of polygraph techniques - Accuracy? o Ideal circumstances by presenting information known to be true and false to individuals and measuring their responses - Studies? Laboratory and field studies o Lab studies:  Often universities  Simulate criminal behaviour by committing a mock crime  Advantages:  Experimenter knows ground truth (who is truly guilty or innocent)  Can compare the merites of different tests  Control for variables such as time between crime and exam  Disadvantages  Limited application to real life  Guilty participants cannot be given strong incentives to beat the polygraph  Guilty and innocent participants lack fear of failing the exam o Field studies  Involve real situations and actual suspects  Compares accuracy of “original” examiners to “blind” evaluators  Problem:  Establishing ground truth, indicators of guilt are often not available  Dealing with ground truth: o Judicial outcomes  Judicial outcomes problematic because some are falsely convicted and some guilty people are not convicted o Confessions  Problematic, false confessions  Confessions are often not independent from examiner’s decisions  Confessions are elicited because the person failed the exam  Cases where a guilty person beats the exam are not included  Confessions inflate polygraph accuracy rates, and many field studies rely on confessions - Accurate or not? o Controversial o CIT is rarely used in Canada or the US, therefore no data exists  Will use Israeli data o CQT has been studies for 30 years, and is still controversial (p.95)  84 to 92% of guilty suspects are correctly classified as guilty (Patrick, 1991)  Innocent
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