Psychology and Law Exam 3
Prevalence of DV and IPV
1 in 5 and 1 in 14 men will experience a violent physical assault by an intimate partner some point in their lives For women, DV leading cause of violence, more than car accidents, muggings, and rapes combined. 3 out of 10 women and 1 out of 10 men will experience stalking, physical violence, and or rape at the hands of an intimate partner Although men are victims of DV and IPV Men are more likely to seriously injure or kill their female partners Man on woman violence is most likely to lead to contact with the legal system
Cheshire Murders
2 guys got out of prison, Murdered mother, raped youngest daughter, and family after following them home, and set the house on fire. Wanted to plead guilty, but state wanted to put them on trial for the death penalty. But in Connecticut they were debating keeping/getting rid of death penalty. Things police could've done to stop the situation What factors should have been considered during risk assessments with Joshua K and Steven Hayes? Past criminal behavior, mental health history One would break into houses, listen to victims breath while they slept, josh was sexual / physically abused and has biological disposition to mental illness, steven also sexually abused Steve Violent with family members, beat and burned his brother and did drugs, cunning and conniving. How did the system fail in these situations? What could have been done differently? Police could have entered the house faster and possibly prevented the murders/fire The judge failed to move the trials even when there was massive negative publicity What are the arguments for and against the death penalty discussed throughout the documentary Brothers of Steve (defendant) were for the death penalty and wanted brother executed Parents of mother wanted them to die, even though gpa was a pastor he wanted to see justice done, but gma at one point said it almost seems humane to allow them death Father, death penalty is a deterrent bc it stops that person from doing anything violent again. If life without parole, they would've please guilty and gone in 3 weeks, with trial and death took years and years Do you agree with the Connecticut Legislator/Governor/House of Rep's decisions regarding the death penalty? Debating whether to abolish the death penalty. Ordeal you go through during a death penalty phase is huge, takes a very long time and effort through appeals and what not, focus is on the murderers, gruesome detail, aggravating factors are much worse than mitigating. 2009 death penalty abolished, but then repealed because of this case. 2012 the death penalty was abolished
Acute crisis phase Reorganization phase
Acute crisis phase: Occurs in the days or weeks following a rape. Includes physical and emotional symptoms Physical symptoms: • Sleeplessness • Loss of appetite • Trembling • Numbness • Pain Psychological Symptoms • Extreme fear • Shame • Persistent nightmares • Depression • Suicidal ideation or suicide attempts Reorganization phase: Involves the long process of recovery Victims begin to recognize the impact of the rape Realize the secondary damage of any counterproductive coping mechanism Identify a long term treatment/adjustment/coping plan, ex. Attending therapy, group meetings, etc
Sentencing factors
An appropriate punishment for a crime depends not only on the seriousness of the crime but also on the attributions about the criminal When trying to determine the cause of a criminals behavior we assess certain factors Internal causes: personality External causes: things about the situation Controllability: whether or not this person shows they can control their actions Stability: how much of what is making this person commit a crime is stable over time, is the thing that made the commit the crime the same or change (aspect of themselves or friends they are with/ youth)
Three Strikes Law
An interesting variant on mandatory sentencing First passed in Washington in 1993- now more than 25 states have a version of this law Three strikes law: require that criminals receive long sentences, or a life sentence, when they are convicted of a third felony Some states only apply these laws to violent felonies or sexual offenses But some have more broadly written laws which is problematic! Too many people in prison, costs a lot of money, criminals age out of crime and most likely will have that life sentence when they would tend to stop, in prison for so long for a crime that could have been minor
Why doesn't the death penalty work as a deterrent?
Assumes the potential murderers will be restrained by the knowledge that they might be executed if they act on their desires BUT No evidence people engage in rational thought processes before killing someone Crimes of passion: heat of the moment Drugs and alcohol Most murders believe they will not be put to death, they are right!!: don't think they'll get caught or most likely won't be put to death Does the possibility of death elicit more fear than life in prison? Unclear
Racial disparities and the death penalty
Black defendants are more likely (than white defendants): o To be charged with capital murder o To be convicted o To be sentenced to death o To be executed The race of the victim also matters! o Prosecutors are 2x as likely to seek a death sentence if the victim is white (than if the victim is black) o Black defendants who kill white victims are 4x as likely to be charged with capital murder (compared to a black victim) Baldus, Woodworth, Pulaski (1990) o Blacks convicted of killing whites were sentenced to death in 22% of cases o Whites convicted of killing blacks were sentenced to death in 3% of cases
The Process Death Qualification procedure
Death qualification procedure Guilty determination phase Sentencing penalty phase Death Qualification procedure Wainwright v Witt (1985): two guys out hunting, kidnapped and murdered a child. Judge excused jurors who wouldn't impose death penalty, and they said that violated their rights, but Supreme Court ruled potential jurors whose beliefs "substantially impair" their ability to consider or impose a death sentence must be excused ¼-1/3 are typically excused Commonly excused: African American, female, and politically liberal Commonly remain: male, white, and believe "murders deserve to die" Influences jurors attitudes: More likely to convict More receptive to aggravating factors/ less receptive to mitigating factors Biasing bc if talking about death penalty, believe defendant is probably definitely guilty Ex. Andrea Yates: Mom that killed her 5 kids, had severe post partum psychosis, as a strategy to win the case he tried her for death since she'd be more likely to convict.
Aggravated murder is the most common crime punishable by death
Definition varies across states Generally includes: murder for hire, murder of more than one person, murder of a police officer, murder of a child, and murder during the commission of another felony Until recently, some states still considered the rape of a child to be punishable by death Kennedy v Louisiana (2008): violated 8th amendment right (cruel and unusual punishment) to impose the death penalty for a crime the does not result in the victims death (except a crime against the state- ex. Espionage, treason, large types of drug trafficking)
Determinate sentencing
Determinate/mandatory sentencing: required judges to hand down a sentence within a pre specified range Sentencing reform act 1984: Law that passed and required judges to refer to a grid to determine sentence Rows: severity of offense Columns: criminal history Extremely complex (eg can adjust "level of offense" for mitigating (make it less) /aggravating (makes it worse) circumstances; but not personal factors) Many believed these guidelines were unnecessarily complex and at time unfair. United States v Goff (1993)- quadriplegic sentenced to 10 years in prison for selling LSD, but he was in a wheel chair so it was very unreasonable and harsh United States v Booker (2005): Made the use of a federal guidelines less rigid, back to the idea of sentencing guidelines Advisory rather than mandatory However, judge could only information heard by the jury for sentencing. Ex. In this case judge knew he had 200 g, jury only found guilty for 100, and judge sentenced him for the 200 level.
Does the death penalty work
Does it deter? No Do states that have the death penalty have lower homicide rates? States with the death penalty had higher homicide rates than did neighboring states without the death penalty Do homicide rates rise and fall when death penalty laws change? When a state reinstitutes the death penalty, its homicide rates does not decrease Brutalization effect: some studies suggest that homicide rate actually increases Reason? Use of death penalty as a punishment by the state "deadens" people's respect for life and thus increases the incidence of homicide
Chapter 10 Intimate Partner Violence & The Legal System Domestic Violence and Intimate Partner Violence
Domestic violence: any violence occurring between family members Intimate Partner Violence: any violence occurring between intimate partners who are living together or separated (do not need to be legally defined as family)
Why do women stay? More characteristics of a battered woman
Environmental: lack of resources: money, support, shelters Socialization: some women are socialized to thing violence is normal Psychological: cycle of violence and manipulation of love and fear More characteristics of a battered woman As violence intensifies many women do seek help Unfortunately, often, there ate few options for victims of DV and IPV: o May not have financial resources to leave o Police/courts may not be able to help o For a long time police officer reluctant to arrest batterers, but now mandated charging in many jurisdictions o Many women have a negative attitude views of shelters/programs bc of negative experiences in the past o Batterers often violate restraining orders o If arrested, batterers are often not held very long
Examples of mitigating and aggravating factors
Examples of aggravating factors o Defendant killed the victim while lying in wait o Hate crime o Heinous murder; torture; depravity of mind o Dangerous risk to others o History of violence o Committed crime to cover up another crime o Murder of a witness or for revenge Examples of mitigating factors o No significant prior criminal record o The youth of the defendant (Roper v Simmons: abolish death penalty for juveniles) o Duress, coercion, or domination by another o Extreme emotion that clouds judgement o Limited understanding of the consequences of the act o Mental retardation (Atkins v Virginia: abolished death penalty of someone who is mentally retarded ) o Any factors the defendant believes are mitigating
Admissibility of RTS evidence
Expert testimony on RTS is used o To educated jurors about the reactions of rape and sexual assault victims o Explain puzzling or counterintuitive behaviors of victims Ex. Continued contact with perpetrator, unwillingness to identify perpetrator, delayed reporting o Disabuse juror of common misconceptions about rape and sexual assaults (aka rape myths) o RTS testimony should NOT be used as a means of assessing the credibility of the woman's claims. Problematic bc it infers this person was definitely raped Reasons judges often do not allow RTS evidence bc it's Prejudicial • Testimony about RTS implies the victim is a victim of sexual assault • Judges believe it interferes with the jury's essential role as a fact finder Rape shield laws: prevent lawyers from using a victim's sexual history as evidence of consent. Claims of RTS inadvertently opens the door for this information to be admitted, can bring in past sexual experience
Factors affecting decision to stay More characteristics of a Battered Woman
Factors affecting decision to stay Anderson et al 2003 o Mate promised to change (71%) o Lack of money (46%) o Mate needed me (36%) o Nowhere to go or stay (29%) o Mate has threatened to find me or kill me (22%) o Children with me wanted to be with him (19%) o Shelter was full (5%) More characteristics of a Battered Woman Learned helplessness: over time, women who endure long term abuse, become resigned to their suffering and fail to resist or leave their abuser, even when they may be able to do so. Revision: learned helplessness is not about being helpless, but rather having lost the ability to predict that what you do will make a particular outcome occur. Battered women learn that resistance is futile, and use of survival techniques instead of escape skills Hypervigilance: the victim learns to anticipate her partner's violent behavior by carefully attending to his verbal and nonverbal cues for signs of impending violence Negative attribution bias: take something that is ambiguous, and make a negative view on it.
When the death penalty goes wrong cycle
Faults eyewitness id Invalid or improper forensic False confession Forensic science misconduct Government misconduct Informants Bad lawyering
Potential outside influences
Georges, Wiener, and Keller (2013) -Jurors emotion about the case influences their vote during penalty phase -The more intense a juror's anger, the mre likely to vote for death -As anger increased the less objective-that is less weight was given actual mitigating factors Lynch and Haney (2000) 397 mock jurors watched a simulated capital murder trial Independent variables: race of defendant, race of victim, comprehension of instructions Both race and comprehension of instructions mattered! Main effects: White defendant, black victim= 40% voted death Black defendant, white victim= 54% voted death Interaction If jurors understood penalty phase instructions, race did not matter! However among jurors with poor comprehension: White defendants 41% Black defendants 60%
Cases with prison rights
However, there was a period in time when several key decisions improved the lives of prisoners. Cooper v Pate (1964): civil liberties, wanted access to the Quoran and have pork free meals, this case ruled in favor things for religious rights Procunier v Martinez (1974): limited the censorship of prisoner mail, now they have to tell the prisoner the mail was thrown out and the sender is notified and they can argue it. Also allowed law students and paralegals to help them with their legal cases BUT in 80s backed away from prisoner rights: Rhodes v Chapman (1981) Doubling up in cells was unconstitutional, but it is fine to have two people in one cell. Signaled the supreme court's intention to retreat from commitment to easing inhumane conditions in prison Wilson v Seiter (1991) Not only are these things inhumane, but in order for things to be unconstitutional the prison has to do something deliberate. If not done with cruel intentions its not against constitutional rights SHIFT AGAIN, Prison Rape Elimination Act (PREA) 2003: Established a commission to conduct research and develop a strategy for solving the crime of rape against prisoners Brown v Plata 2011: Egregious violations of prisoner's rights to receive medical and mental health treatment in California prisons, Led to the release of more than 46,000 prisoners from the CA prison system
Chapter 17 The Death Penalty Capital punishment in the US
In most democratic countries the death penalty is viewed as a violation of basic human rights Death penalty is far more common in countries ruled by authoritarian regimes "technological forms" of execution (the electric chair, gas chamber, and lethal injection) are only found in the US all 32 states use lethal injection as the preferred method 3 drug protocol: anesthetic, paralytic agent, and final drug to stop the heart one drug protocol: lethal dose of anesthetic Alternative methods can be used upon inmate request, or if lethal injection is "halted" Four states have been responsible for 59% of all executions from 1976 o Texas o Virginia o Oklahoma o Florida Texas is responsible for 38% of all executions in the US Alabama has highest per capita death penalty rate Executions are rare! Less than 1% of murderers are executed in the US From 2000-2013, 722 people were executed, 1725 were sentenced to death. Most inmates will die of natural causes before they are executed by the state
Jurors and BWS
Jurors are typically not sympathetic on defendants who killed their abusers Studies have found that jurors are likely to convict in cases where a defense involved a battered woman killing her abuser 76% of cases that went to trial resulted in conviction Sentences ranged from 4 years to life, with the average sentence being 26 years Expert testimony can help explain why women may behave in counterintuitive ways But does it have an impact on the jury? It seems to only have a modest effect on jury decisions, doesn't work that well Away from murder, towards manslaughter One study found that expert testimony and an instruction of jury nullification did result in juries being more lenient in their sentencing
Cycle of violence
Lenore walker (1979)- interviewed 400 victims of long term domestic violence 1. Tension building phase: gradual escalation of tension, victim feels like they are walking on eggshells, abuser becomes cold/distant, interpersonal tension, victim feels fearful 2. Acting out phase/ acute battering phase: violent, abusive incidents 3. Honeymoon phase/contrition: majority of victims say their abuser became very nice/very sorry, relationship got good again/never do it again, abuser apologizes, affection between partners. Calm lack of tension Not every relationship goes through this, but many do, and many as time goes by the time between these periods get shorter and shorter
Characteristics of "batterers"
Many batterers tend to be extremely jealous and fearful of abandonment Types of batterers oEmotionally volatile aggressor Borderline personality disorder (BPD): a serious mental disorder characterized by unstable relationships, dramatic mood swings, manipulativeness, intense fear of abandonment, and impulsive outbursts This type of batterer is less likely than others types to raise the suspicions of friends and co-workers o Generally violent antisocial batterer (GVA) Violent towards those around him (in general, not just intimate relationships) Tends to be: Antisocial Prone to impulsive behavior Dependent on alcohol and or drugs This type shows the highest recidivism rate o Relationship/Family Only (FO) Batterer Violence is limited to marital violence Most common Estimated about 50% of batterers Lack of personality disorder Low rates of alcohol or drug dependence Multiple reasons to why they act out, don't know why, but not pathologically related
BWS and Killing Abuser
Most battered women kill their abuser during a direct physical confrontation, ex. Nancy Seaver killed him with a hatchet while he was abusing her but she was convicted of murder However, some wait unitl their abusers are more vulnerable (ex. Asleep, drunk, etc) ex. Susan Wright stabbed her husband while he was sleeping, even though asleep she still felt he was a threat Helping people understand: Explain victim's state of mind Help jurors understand why she didn't just leave
Are we good at predicting risk?
No!! But we are getting better Early research suggested alarming inaccuracies Steadman and Cocozza (1974) 98 inmates were followed for 4 years Although all 98 were deemed "dangerous" Only 20 were rearrested Only 7 (7.14%) committed a violent crime Meaning 92.8% were false positives Thornberry and Jacob (1979) 400 "dangerous" mentally ill patients were released from prison hospitals 3 years following their release, only 14.5% had been arrested or hospitalized for violent behavior Taken together, these studies suggest that traditional risk assessment models may result in significant rates of false positives
History of DV and IPV
Not taken seriously until the late 1800s -Women and children were property -Husbands were allowed to "discipline" with a "moderate" beating -Fulgam v Alabama (1871): The privilege, ancient though it may be, to beat her with a stick, pull her hair, choke her, spit her in the face, or kick her about the floor, or to inflict on her other like indignities, is not now acknowledged by our law Emancipated slave beating children, wife saw, then he beat her, and she came forward to say something about it. Went to SC and men had no right to beat their wives
Sentencing phase
Once guilt is determined, jurors must answer "should the defendant be killed in the execution chamber?" Weigh aggravating factors against mitigating factors "any aspect of a defendant's character or record and any of the circumstances of the offense" Research shows that jurors often misunderstood penalty phase instructions: -Believe they cannot consider the full range of mitigating factors -If any aggravating factors are present, they must vote for death -If they don't vote for death the murderer will be eligible for parole
Limitations of BWS
One of the largest criticisms against the use of BWS in the courtroom is the lack of scientific validity Walker's original study had serious methodological flaws •Sample bias (400 women of long term physical abuse sufferers, did not include all types of factors) •Potential experimenter bias (not blind, they knew what the hypothesis was) •A significant percentage did not experience all three stages of the cycle of violence •No trauma control group Are the results unique to the experience of the abuse? oLearned helplessness does not explain acting out towards your abuser, the behavior of most interest to the legal system Blame and focus are directed away from abuser and onto the victim Focus's on the woman as having a mental disease Turns a justifiable reaction to an extremely difficult situation into a pathology May inadvertently communicate to the jury or judge that misguided notion of an abuse excuse and perpetuate stereotypic images of battered women "Perhaps instead of creating a syndrome to explain the behavior of abuse victims, we should change the legal definition of self-defense to be more consistent with the realities of violent abuse"
Does prison work?
Prison costs on average $31,000 a year per inmate A single murder costs society $1 million But it is hard to financially justify imprisonment for nonviolent crimes Prisons are failing at rehabilitation and deterrence: Criminogenic effect: if you go into prison, you come out more criminal than when you went in 67% of former inmates will be rearrested Just over 50% are back in prison within 3 years Successful for incapacitation and retribution!! Rehabilitation programs can work, when provided Sherman el al (2002) found that the most effective rehabilitation programs include o Correcting educational and job skill deficits o Changing attitudes and thinking patterns that promote criminal behavior o Improving self esteem and self awareness o Enhancing interpersonal and relationship skills o Reducing drug abuse o Reducing contact with criminal peers Additionally cognitive behavioral therapy (CBT) has been found to reduce recidivism by 1/3
Prison Culture
Prisonization: the assimilation of new inmates into the values, norms, and language of prison The values of gang culture typically guide behavior Ex. Stanford prison study, once you put people in these roles, there is a huge power differential that leads to different behaviors than in the outside world Many inmates come from a "street culture" where perceived disrespect must be met with violence or else you will be targeted as "weak" Together, prisonization and violent "street culture" combine to produce an especially brutal environment Harshness of Prison life o Isolated from the outside world (far from home, don't see family) o Prisoners have no decision making power (about anything, very monotonous routine) o Extreme lack of privacy o Enforced idleness and routine (leads to psychological and medical problems: age 15 years faster than on the outside) o Constant threat or reality of violence
Effectiveness of treatment of male batterers
Psychoeducational group therapy Duluth model: feminist psychoeducation therapy, challenge patriarchal beliefs, change views on women and men/women relationship. Very specific to heterosexual Cognitive behavioral therapy Focus on costs/alternatives to violence, most likely used, change ways of thinking and respond in non violent ways in alternative strategies Both equally effective, 5% effective rate, 42,000 women that wouldn't be beat up if it is successful
Evolution of the prison system
Public shaming: put people in stocks, whip you in public, hanged in public, brought over from England in the colonial days 1790-1800 incarceration is created, take people out of society, we can keep society safe and take them away from influences to commit crime, which didn't work. Criminals would escape, riots, criminals learned trade from each other 1820s rehabilitation through isolation: alone almost if not all day, no interaction, maybe learn to change their ways. Isolation is very bad for you, inhumane, many people got psychosis and killed themselves 1900s overcrowding takes focus away from ultimate goals, became more violent again 1980s "tough on crime" ultimately derails rehabilitation for good
More on rape trauma syndrome: impacts, symptoms, and recovery
Rape and sexual assault have enduring impacts on victims Feelings of shame, guilt and blame are hard to recover from enduring impact Women who have been victims of sexual violence Greater risk of becoming unemployed Greater risk of divorce Long term symptoms commonly include • Fear • Anxiety • Depression • Self blame • Disturbed social relationships • Sexual dysfunction Recovery involves lengthy process 74% reported they had returned to normal functioning in 5 years 26% had not yet recovered Recovery does not include getting over it But rather integrating the experience into one's life story
Rape Trauma Syndrome
Rape investigations usually turn on the issue of consent Most defendants do not deny having sex with victim They claim that the victim wanted to engage in sexual activity "she didn't say no" Lack of fit between how women typically respond and what jurors expect may cause inaccurate inferences about consent. Fight, flight, freeze? New stress response where some people may have a response to just freeze/shock 1974- Burgess and Holmstrom Interviewed 92 rape victims who had been admitted to a hospital for treatment Rape trauma syndrome: a cluster of symptoms common to the majority of victims in sample Recovery is a two stage process • Acute crisis phase • Reorganization phase
Alternative forms of IPV
Rape: forced sexual intercourse including both psychological coercion and physical force Sexual assault: Includes attacks and attempted attacks generally involving unwanted sexual contact between victim and offender. Does not have to include force Criminal definition varies by state Rape myths o No doesn't actually mean no o Someone unknown to the victim o Violent episode • Woman walking down the street attacked out of the bushes by a stranger usually involving a weapon o Impossible to rape a woman who is unwilling ~ women often will accuse men of rape when they regret consensual sex Reality of rape and sexual assault in the US 1 in 6 adult women has been the victim of an attempted or completed rape 73% of sexual assaults are perpetrated by someone known to the victim Only 1 in 10 assaults on college-aged women will include a weapon The majority of attacks (an estimated 60%) go unreported
Chapter 16 Prison and Sentencing Sentencing Sentencing options in the US
Sentencing: After conviction, before punishment, a criminal is sentenced Sentence: a criminal sentence refers to the legal consequences associated with a conviction There are a variety of possible sentences available in the adult criminal justice system Judges typically determine sentencing There are some instances where the jury takes part in sentencing ex. Capital punishment sentencing (jury gives a recommendation) Can include a sentence hearing and or a pre-sentencing report (CA has right to sentence hearing) Sentencing options in the US: Fines/community service: first time offender, minor crime (misdemeanor) Restitution: fine or community service straight to the victim, Pay money to the victim for their suffering Probation: monitored with certain provisions after prison by a probation officer Intermediate sanctions: combination, kind of probation and kind of prison, halfway house or rehabilitation centers Imprisonment: incarcerated, prison, jail
Sentencing guidelines
Several states and the federal government developed guidelines to help judges decide on appropriate sentences Generally list factors that should be considered: Type of crime, viciousness of crime, defendants prior criminal record, circumstances of current offense, and the average sentence given in the past for similar crimes However, in many jurisdictions, judges are not required to hand down the recommended sentence Must declare that they considered the guidelines and provide written justification for deviation
Stalking 4 types
Simple obsession stalker: engages in stalking after the breakup of an intimate relationship, most common type, usually male, desires reconciliation or revenge, most likely to escalate to murder Love obsessed stalker: intense emotional feelings for a victim but who has never had an intimate relationship with the victim, has intense feelings and hopes that the victim will develop feelings too Erotomanic stalker: suffers from delusions and who wrongly believes he/she has a relationship with a victim, often targets celebrity, media figure or politician Vengeance stalker: knows the victim and is angry at the victim for some perceived injustice, not seeking an intimate relationship, wants to frighten victim
Guided professional judgment instruments
So much controversy about actuarial and unstructured methods Both have significant limitations, but combined they could be improved! Instruments designed to combine accuracy of actuarial with the flexibility of clinical decision making HCR-20: Checklist of 20 items, 10 assessing historical risk factors, 5 assessing clinical risk factors, 5 future factors Not bound to weight the factors in any equation—gives weight based on clinician discretion Little research to date Although initial research shows it outperforms clinical predictions! It's strength- flexibility and reliance on clinical decision making- is greatest weakness May combine risk factors in an appealing but inaccurate manner More research is needed to determine the severity of bias introduced through flexibility
Alternative forms of IPV
Stalking: is a pattern of behavior that makes you feel afraid, nervous, harassed or in danger. It is when someone repeatedly talks to you, contacts you, follows you, or sends things when you don't want them to or threatens you. Examples of stalking o Knowing your schedule o Showing up places you go o Repeatedly calling, sending emails, texts, etc o Contacting you or posting about you on social networking sites o Writing letters o Damaging your property o Creating a website around you o Sending gifts o Stealing things that belong to you
Additional Issues
Statistical method does not take into account potentially important individual differences Think of sentencing problems: United States v Goff (selling drugs but now in a wheel chair, cannot adjust the model due to those things) Should clinicians be able to adjust weights slightly based on the situation? Can it really always be so clear cut? Some argue it is unethical not to adjust in some situations Others argue it defeats the entire purpose to adjust
Intimate partner violence and the legal system
Syndromes associated with DV and IPV o Battered woman syndrome o Rape trauma syndrome o Post traumatic stress syndrome
Battered woman syndrome
The set of psychological and physical symptoms, injuries, and signs of mistreatment seen in a woman who has been repeatedly abused by a spouse, partner or relative Symptoms: o Intrusive recollections of trauma o Hyperarousal and high levels of anxiety o Avoidance behavior and emotional numbing (depression, disassociation, minimization, repression, denial) o Disrupted interpersonal relationships from batterers power/control measures o Body image distortion or somatic/physical complaints o Sexual intimacy issues BWS is often used to bolster a defense for women that injure or kill their abusers Can be used to support a defense of Insanity: • less common, less successful, • ex. Lorena Bobitt irresistible impulse and insanity and used BWS to justify cutting off her husband's penis after he abused/raped her, she was found not guilty bc of insanity Self defense: more common, typically have to prove: • Defendant was in danger of imminent bodily harm • The force used to repel the attack was reasonable and proportional to the danger that existed • No reasonable avenue of escape existed* only needed in some jurisdiction
PTSD as an Alternative
The use of BWS and RTS in legal proceedings has been debated, in part because they are not recognized disorder in the DSM Many researchers have advocated for the use of PTSD diagnosis or expert testimony in place BWS or RTS o PTSD is a more expansive, better established mental disorder o The primary diagnosis for people suffering from the after effects of extreme trauma: exposure to actual or threatened death, serious injury, or sexual violence PTSD was originally formulated to describe the psychological symptoms experienced by combat veterans Now applied to the aftermath of a broad range of traumatic experiences. It is estimated that 50% of sexual assault/rape victims develop PTSD
Types of prediction outcomes
True positive: predicted violent and they became violent False positive: predicted violent did not become violent True negative: predicted not violent and did not become violent False negative: predicted not violent and became violent
Types of Imprisonment Goals of imprisonment
Types of Imprisonment Jails: short-term holding cells operated by cities or counties and administered by local authorities Prisons: hold convicted criminals for long periods of time—sometimes years, sometimes decades, sometimes life State prisons: every state has its own prison system Federal prisons: system for people who are convicted of breaking federal laws Open security: club fed, tennis courts, bungalows, white collar crimes usually go here Maximum security: supermax, high security, more serious crimes. Only 1 maximum security federal prisons Goals of imprisonment There are several theories behind imprisonment 1. Incapacitation: through containment, a criminal is unable to harm people outside the prison 2. Deterrence: the experience of suffering in prison will dissuade him (or others) from committing future crimes. Specific: stop that person and general: threat of going to prison, stops people from doing crimes 3. Retribution: want to see the criminal punished (want the convict to suffer for his crime) 4. Rehabilitation: transforming criminals into productive members of society
When the death penalty goes wrong
Unfortunately the justice system sometimes "gets it wrong" Over a 22 year period 68% of death sentences were overturned due to trial error 82% were given less than death/7% found not guilty Between 1989-2013- 105 prisoners were released from death row Radelet, Bedau, and Putnam (1992) In Spite of Innocence: Erroneous Convictions In Capital Cases o Tells the story of 416 cases of wrongfully conviction and death sentence o Their analysis suggest at least 23 innocent men were actually executed o Most were caused by factors difficult for the legal system to detect
Sentence disparities
Unfortunately two people who commit the same crime do not necessarily receive the same punishment Differences may arise from logical differences in what appear to be similar crimes Ex. Physical robbery done by themselves regular intelligence or young person with friends with developmental delay, both commit a robbery. Logical difference of sentence disparity Unfortunately it could also arise from the biased discretion of the judges Research suggests that many judges depend on legally irrelevant factors o Race o Age o Political leanings (of the judge) stronger predictor in areas where judges are elected Major problem Difference in the severity of sentences handed down by different judges when faced with similar circumstances Hispanics and blacks, males, and younger defendants received harsher sentences than whites, females, older defendants Young, Hispanic, male defendants have the highest odd of incarceration Young, black, male defendants receive the longest sentences Strategy for reduction is to use sentencing guidelines
United states prison system
United states imprisons a larger percentage of its citizens for longer periods of time than any other industrialized democracy in the world Highest rates: Louisiana, Mississippi, Alabama, Texas, and Oklahoma More prisoners in Alabama than in all of Canada More prisoners in Louisiana than all of Japan Peak was in 2008-2009 with 2.3 million people in US jails and prisons Although our crime rate continues to decline, our incarceration rates persist Rises in incarceration rates are due to o Longer sentences o Mandatory sentencing o Three strikes law o Reductions in the use of parole o Increase in the imprisonment of juveniles o "war on drugs" 53% of prisoners in state prisoners are convicted of violent crime, but only 7.6% of federal prisoners are convicted of violent offenses Difference of race Less whites incarcerated than population rate 40% incarcerated black, to 10% in population, 24% latino incarcerated to 15% in population, minorities incarcerated at a much higher rate
Methodological issues Look up in latest powerpoint!!!
Unstructured Actuarial Lack of risk factors studied The majority of data is focused on historical markers Can that really be the whole story? What about things like support once released? We have much less data on the dynamic and risk management factors How does the research define risk? Focus largely on true and false positive Typically measured based on charges or convictions What about the violence we do not know about? Does a different type of offense count as re offending? Not consistent in the literature
Approaches to assessing risk
Unstructured clinical judgment Intuitive approach/subjective judgment Focuses on the individual No rules specify how a clinician should collect and combine info to decide future risk Actuarial prediction Relevant risk factors be systematically combined to calculate an estimate of future violence Quantitative approach, based on research on reoffending Based on data from large groups
Prisoners Rights
Until the mid twentieth century federal and state courts did not exert much control over the internal management of prisons It was felt that: Judges lacked the expertise to intervene Courts would undermine prison discipline (to keep prisoners in control) Complaints from prisoner typical dealt with privileges rather than constitutional rights Societal standards favored the harshness of prisons
Characteristics of a "battered woman"
Walker identified several characteristics that were common in "battered women" o Traditional sex roles o Poor self image o Tendency to accept responsibility for the abuse o Problems: focusing on women, could be because of the abuse that they have these characteristics, missing out on others who are battered Overtime the woman becomes o Socially isolated o Increasingly dependent on her abuser o See few alternatives to staying with him o Will be come less able to extricate herself from the relationship
Chapter 14 Risk Assessment What is risk assessment?
What is risk assessment? Prediction: likelihood of future criminal act Management: development of strategies to manage or reduce level of risk Risk assessments The issue of future dangerousness is an important legal concept Sensitive ethical issues surrounding risk assessment Balance between the need to protect society and the rights of individuals to be protected from harassment by authorities Preventative detention: holding someone in a jail or hospital because he or she might become violent
Types of Risk Factors
When assessing a prisoners "risk" level there are three borad categories that are associated with violent behavior Historical markers: static factors that cannot change, part of the individuals life story and personality Past violent behavior, age at first offense, early abuse of alcohol/drugs. Major mental disorders, psychopathy, early maladjustment at home/school Dynamic markers: not fixed, can be adjusted over time or through treatment Moods, attitudes, attributions, and through processes Ex. Lack of insight into ones self or others Psychiatric symptomology Risk management markers: ability to manage one's behavior and environment post-release Ex. Stable, supportive environment post release is associated with lower risk
Leslie Morgan Steiner Ted Talk
Why does she stay? "Crazy love" domestic violence survivor, domestic violence happens to everyone and it happens to both sexes. Very typical victim bc of her age group: 22, and she didn't know the warning signs of bad relationships. 16-24 yo women and 3 times more likely to be abused. Her abuser created the illusion that she was the more dominant partner, and that he was abused by his stepfather. Steps: charm and seduce you, isolate you, introduce threat of violence and see how she reacts, abused, said he never would do it again, but beat her once or twice a week for the next 2 ½ years of marriage, she didn't know he was abusing her, and incredibly dangerous to leave an abuser, final step is to kill her (70% of DV murder happen after the victim leaves)
Young adults and IPV
Young adults age 16-24 are at greatest risk for being involved in a violent relationship Estimates of dating violence among college students range 10-50% First real dating experience likely to be first time experiencing these things Prefrontal cortex is not fully developed so many people can't see the consequences Causal dating, lots of drinking, riskier behaviors 57% report it is difficult to identify dating violence 58% of college students say they don't know what to do to help someone who Is a victim of relationship violence Breakup violence Victimization that occurs surrounding the breakup of a relationship May not show the classic signs as described by walker's research Said you should not go see this person alone, most dangerous time
What does an unhealthy relationship look like
• Intensity: too much too soon, obsessive behavior • Jealousy: persistent accusations of flirtatious or inappropriate behavior • Control: dictating what to wear, who to talk to, what to think/speak • Isolation: insisting you only spend time with him/her • Sabotage: making you miss important events (ex. Work, school, plans) by starting a fight, pretending to need you, etc • Criticism: making you feel worthless • Blame: making you feel like everything is your fault • Anger: overreacting to small issues, violent outbursts • Alcohol: becoming overly emotional after drinking • "My plan" app, one love foundation
Myths about IPV
• Not common • Only heterosexual • When you leave, you're safe • Alcohol/drugs cause people to be aggressive • Must provoke to happen • Maybe things will get better
Post Traumatic Stress Disorder
• Re experiencing the event • Avoidance of stimuli associated with event • Heightened arousal/hyper vigilance • Negative cognitions/mood