PSY469 PSY469 Forensic and Police Psychology 2011Forensic and Police Psychology 2011Sylvie KoubalíkováSylvie Koubalíková

CORRECTIONAL CORRECTIONAL PSYCHOLOGY IIPSYCHOLOGY II

HOMEWORK FROM LAST LECTURE (7.10.2011)

Purpose and psychological function Purpose and psychological function of punishmentof punishment

What purposes doesWhat purposes does a a penal sanction serve? penal sanction serve? What is psychological function of punishment?What is psychological function of punishment?

PURPOSE AND PSYCHOLOGICAL PURPOSE AND PSYCHOLOGICAL FUNCTION OF PUNISHMENTFUNCTION OF PUNISHMENT I I

Punishment as a functional social institutionPunishment as a functional social institution integral part of human socializationintegral part of human socialization

authoritative imposition of negative consequences in response authoritative imposition of negative consequences in response to to a a norm-breaking behaviournorm-breaking behaviour penalty inflicted for commission of a crime or an offence by judgment penalty inflicted for commission of a crime or an offence by judgment of a lawful court of a lawful court reaction on situations, when basic society's norms and values are reaction on situations, when basic society's norms and values are violated and thus own existence of a given society threatened violated and thus own existence of a given society threatened

Progression of opinions related to a punishmentProgression of opinions related to a punishment every civilization has created certain system of punishment methods every civilization has created certain system of punishment methods from cruel forms of punishment based on fear creating from cruel forms of punishment based on fear creating to a punishment aiming at reintegration of an offender to a punishment aiming at reintegration of an offender

PURPOSE AND PSYCHOLOGICAL PURPOSE AND PSYCHOLOGICAL FUNCTION OF PUNISHMENTFUNCTION OF PUNISHMENT II II

Concept of retributionConcept of retribution express emotional outrage and negative feelings of a society whose express emotional outrage and negative feelings of a society whose norms have been broken by criminal act norms have been broken by criminal act satisfies desire for revenge, achieves „justice“ satisfies desire for revenge, achieves „justice“ an offender gives up money, personal freedom or comfort equivalent to an offender gives up money, personal freedom or comfort equivalent to the harm or loss done to a victimthe harm or loss done to a victim too vague to serve as an effective principle too vague to serve as an effective principle

- how to judge „true“ repayment?- how to judge „true“ repayment? no prevention of relapseno prevention of relapse lack of ideological justification for punishment lack of ideological justification for punishment without humanising belief without humanising belief

PURPOSE AND PSYCHOLOGICAL PURPOSE AND PSYCHOLOGICAL FUNCTION OF PUNISHMENTFUNCTION OF PUNISHMENT III III Eliminative functionEliminative function

temporary or permanent exclusion of an offender from society or temporary or permanent exclusion of an offender from society or certain activitiescertain activities associated mostly with imprisonment associated mostly with imprisonment ((isolationisolation)) how to ensure conformable behaviour of former offender after how to ensure conformable behaviour of former offender after release? release? negative influencenegative influencess ofof imimprisonprisonment on offender'sment on offender's personality personality

Individual and general deterrenceIndividual and general deterrence punishment is intended to instil fear in an offender himself or other punishment is intended to instil fear in an offender himself or other potential criminals potential criminals focus on prevention focus on prevention public execution of public execution of aa punishment x contemporary role of mass punishment x contemporary role of mass media industry, influence of own judicial processmedia industry, influence of own judicial process no clear statistical evidence about effects of deterrence no clear statistical evidence about effects of deterrence

PURPOSE AND PSYCHOLOGICAL PURPOSE AND PSYCHOLOGICAL FUNCTION OF PUNISHMENTFUNCTION OF PUNISHMENT IV IV

Rehabilitation and resocialization of an offenderRehabilitation and resocialization of an offender reduction of relapse rates (empirical evidence)reduction of relapse rates (empirical evidence) consideration of future return of an offender into major society consideration of future return of an offender into major society predominantly preferred task in modern criminal justice systemspredominantly preferred task in modern criminal justice systems many practical limitations in asserting this principle in practice many practical limitations in asserting this principle in practice

Restitutive functionRestitutive function compensation of damages caused by criminal offencecompensation of damages caused by criminal offence restoring life of a victim and whole community to a state in which they restoring life of a victim and whole community to a state in which they were before a harm was inflicted were before a harm was inflicted offender's penalty may involve direct restitution, apologies to victims or offender's penalty may involve direct restitution, apologies to victims or community service community service how to assign financial value to physical or psychological pain and how to assign financial value to physical or psychological pain and suffering? suffering? how to handle irreversible damages?how to handle irreversible damages?

PURPOSE AND PSYCHOLOGICAL PURPOSE AND PSYCHOLOGICAL FUNCTION OF PUNISHMENTFUNCTION OF PUNISHMENT V V

Main purpose of penal lawMain purpose of penal law protection of society against criminal acts protection of society against criminal acts consequential reducing rates of criminal behaviourconsequential reducing rates of criminal behaviour

Importance of all punishment functionsImportance of all punishment functions modern humanistic principles: minimal level of modern humanistic principles: minimal level of repressive measures repressive measures consideration of criminality causesconsideration of criminality causes future return of anfuture return of an offender into major societyoffender into major society

Application of punishment on the basis of Application of punishment on the basis of thorough understanding of thorough understanding of specific specific case case and individual aimsand individual aims ! !

PURPOSE AND PSYCHOLOGICAL PURPOSE AND PSYCHOLOGICAL FUNCTION OF PUNISHMENTFUNCTION OF PUNISHMENT VI VI

Imprisonment as the most pervasive justice reactionImprisonment as the most pervasive justice reaction opportunity for rehabilitation and restructuring of offender's values, priorities opportunity for rehabilitation and restructuring of offender's values, priorities and lifestyleand lifestyle effective disciplinary action against highly socially effective disciplinary action against highly socially dangerous perpetratorsdangerous perpetrators necessary to consider negative effects of incarceration necessary to consider negative effects of incarceration and future return of an offender into society and future return of an offender into society

Alternative sanctionsAlternative sanctions young offenders, first-time offenders or individuals accused of less serious young offenders, first-time offenders or individuals accused of less serious delicts delicts e.g. probation, community service, financial penalty, e.g. probation, community service, financial penalty, prohibition of certain activities, home confinement prohibition of certain activities, home confinement Probation and Mediation Service as the main Probation and Mediation Service as the main organization providing management and enforcement of alternative organization providing management and enforcement of alternative punishmentspunishments

CZECH PENITENTIARY SYSTEM: CZECH PENITENTIARY SYSTEM: GENERAL INFORMATIONGENERAL INFORMATION I I

Important part Important part of the criminal justice systemof the criminal justice system Provided by PrisonProvided by Prison Service of the Czech Service of the Czech Republic (PSCR)Republic (PSCR)

managed by the Ministry of Justicemanaged by the Ministry of Justice

Main activitiesMain activities of PSCR of PSCR guarding and providing safety in prisons and courtsguarding and providing safety in prisons and courts managing and escorting prisonersmanaging and escorting prisoners focus on resocialization of prisonersfocus on resocialization of prisoners

employment, education and requalificationemployment, education and requalification health care, treatment programmeshealth care, treatment programmes

penology research penology research

AimAim of PSCR of PSCR creating conditions for peaceful reintegration of convicts into society creating conditions for peaceful reintegration of convicts into society following releasefollowing release

CZECH PENITENTIARY SYSTEM: CZECH PENITENTIARY SYSTEM: GENERAL INFORMATIONGENERAL INFORMATION II II

Prison facilitiesPrison facilities remand prisonsremand prisons - - before judicial decision - pre-trial detention, custody before judicial decision - pre-trial detention, custody prisonsprisons - - after judicial decision - service of imprisonment after judicial decision - service of imprisonment detention facilities detention facilities - - protective treatment in prison conditionsprotective treatment in prison conditions

combination of mental treatment and imprisonment combination of mental treatment and imprisonment

special prisonsspecial prisons - - addressing unique needs of certain populationsaddressing unique needs of certain populations juveniles juveniles women’s prisons (including department for mothers with children up to age of 3 yrs)women’s prisons (including department for mothers with children up to age of 3 yrs)

Types of prison regime Types of prison regime differing in terms of surveillance and application of restrictive arrangementsdiffering in terms of surveillance and application of restrictive arrangements

minimum security – opened (limited fencing), free movement, least severe offencesminimum security – opened (limited fencing), free movement, least severe offences medium security – semi – opened, higher staff-to-inmate ratio, focus on work and medium security – semi – opened, higher staff-to-inmate ratio, focus on work and treatment programmestreatment programmes high security – closed (reinforced fencing), higher surveillance, internal controlshigh security – closed (reinforced fencing), higher surveillance, internal controls maximum security – closed, most restricted, cell-type housing, most serious offencesmaximum security – closed, most restricted, cell-type housing, most serious offences

GEOGRAPHICAL LOCATION OF PRISONS IN THE CZECH REPUBLIC

CZECH PRISON SYSTEM: KEY FIGURES

PrisonersPrisoners (Latest Update: (Latest Update: 2626.1.100.201.20111))

FemaleFemale MaleMale

AdultsAdults 1 4691 469 21 49121 491

JuvenilesJuveniles 1515 183183

Inmates (Detention Facility)Inmates (Detention Facility) 11 1212

TotalTotal 23 17123 171

Costs per prisoner per dayCosts per prisoner per day approximatelyapproximately 1000,- CZK1000,- CZK

Accommodation capacityAccommodation capacity (Latest Update: 2(Latest Update: 266.1.100.201.20111) )

CapacityCapacity RealityReality RepletionRepletion

Custody Custody 2 4262 426 2 52 56060 105105,,5252 % %

Imprisonment Imprisonment 18 02918 029 20 59820 598 111144,,2525 % %

Detention Detention 4848 1313 2727,,0808 % %

TotalTotal 19 82519 825 22 08122 081 111133,,0101 % %

Other factsOther facts (Latest Update: (Latest Update: 26.10.2011)26.10.2011)

Employment of prisonersEmployment of prisoners 58,79 %58,79 %

Foreigners in Czech prisonsForeigners in Czech prisons 1 7201 720

Prisoners in maximum security regime Prisoners in maximum security regime  1 1 213213

Lifetime SentenceLifetime Sentence 4040

Employees of PSCR (in year 2010)Employees of PSCR (in year 2010) 10 71110 711

TREATING CONVICTS I

Based on principles of rehabilitative and restorative criminal policyBased on principles of rehabilitative and restorative criminal policy within limited financial resourceswithin limited financial resources

Main aimMain aim make an offender realize the responsibility for the criminal actionmake an offender realize the responsibility for the criminal action make an effort to correct the consequencesmake an effort to correct the consequences ability to reintegrate to the society after a release ability to reintegrate to the society after a release

Treatment programmesTreatment programmes working activitiesworking activities educational and special educational activitieseducational and special educational activities leisure activitiesleisure activities „ „building relationships“ - reinforcing contact and communication with a family and other close personsbuilding relationships“ - reinforcing contact and communication with a family and other close persons

Examples of the programme componentsExamples of the programme components access to a suitable education (in cooperation with other organisations)access to a suitable education (in cooperation with other organisations) legal and social counselling, anti-drug counselling, psychotherapy, community sessions…legal and social counselling, anti-drug counselling, psychotherapy, community sessions…

Specialized units established in some prisonsSpecialized units established in some prisons mental and behavioural disorders, drug addiction, female convicts with infant children mental and behavioural disorders, drug addiction, female convicts with infant children

HealthcareHealthcare

TREATING CONVICTS II

Employment as an integral part of treatment and reintegrationEmployment as an integral part of treatment and reintegration creation of working habitscreation of working habits structuring the time spent in prisonstructuring the time spent in prison reduction of costs reduction of costs to society to society for imprisonment, coverage of financial duties, debts and for imprisonment, coverage of financial duties, debts and expenses raised from expenses raised from aa criminal action criminal action higher chance forhigher chance for releaserelease

Practical and economical restrictionsPractical and economical restrictions financial resourcesfinancial resources lack of personnellack of personnel security reasonsecurity reasons (s (many prisoners placed in the high-security regimemany prisoners placed in the high-security regime))

Recidivism rateRecidivism rate approximately 60%approximately 60%

HOMEWORK: HOMEWORK: What are negative What are negative influences of imprisonment?influences of imprisonment?

NEGATIVE EFFECTS OF INCARCERATION Practical life restrictionsPractical life restrictions

limited possibilities oflimited possibilities of movement and individual movement and individual spacespace

limited privacy, shared personal habitslimited privacy, shared personal habits different lifestyle, strict daily routinedifferent lifestyle, strict daily routine

IsolationIsolation separation from familyseparation from family loss of other social bonds, support and loss of other social bonds, support and

employmentemployment

Formal conformityFormal conformity negative behaviour blockingnegative behaviour blocking superficial accommodation - purposive change of superficial accommodation - purposive change of

antisocial behaviour symptoms antisocial behaviour symptoms

Process of prisonisationProcess of prisonisation personality changepersonality change

„„Criminal infectionCriminal infection““ mutual influence, learning from other convictsmutual influence, learning from other convicts

PROCESS OF PRISONISATION Process of socialization into culture and social Process of socialization into culture and social life of prison society to the extent that adjusting life of prison society to the extent that adjusting to outside society becomes difficultto outside society becomes difficult Acceptance of criminal thinking and identityAcceptance of criminal thinking and identity

involves the induction of an individual into a world that isinvolves the induction of an individual into a world that is governed by strange, unintelligible rules and regulations governed by strange, unintelligible rules and regulations informal „inmate code“, norms and valuesinformal „inmate code“, norms and values manipulative, purposive behaviourmanipulative, purposive behaviour

Developed from both the individual characteristics Developed from both the individual characteristics of inmates and institutional features of prison of inmates and institutional features of prison Prisonisation of prison staffPrisonisation of prison staff

everyday presence in unhealthy environmenteveryday presence in unhealthy environment

Process ineffective to the requirements of reintegration Process ineffective to the requirements of reintegration PreventionPrevention

individual treatmentindividual treatment,, maximizing human maximizing human potential of potential of aa convict convict orientation on offender’s motivation, guilt and responsibility acceptanceorientation on offender’s motivation, guilt and responsibility acceptance

STANFORD PRISON EXPERIMENT I

http://www.youtube.com/watch?v=RKW_MzREPp4http://www.youtube.com/watch?v=RKW_MzREPp4 http://www.youtube.com/watch?v=Z0jYx8nwjFQhttp://www.youtube.com/watch?v=Z0jYx8nwjFQ

STANFORD PRISON EXPERIMENT II Conducted in 1971 by professor Zimbardo Conducted in 1971 by professor Zimbardo at Stanford Universityat Stanford University Observation of psychological effects of becoming Observation of psychological effects of becoming a prisoner or a prisoner or a a prison guard prison guard Chosen participants randomly assigned Chosen participants randomly assigned to be guards or prisonersto be guards or prisoners

24 healthy, intelligent, middle-class male contacted via advertising24 healthy, intelligent, middle-class male contacted via advertising „„Guards“Guards“

outfitted in military-style intimidating uniforms with equipment to appear „less human“outfitted in military-style intimidating uniforms with equipment to appear „less human“

„„Prisoners“Prisoners“ dressed poorly, addressed by identity numbers only, in dressed poorly, addressed by identity numbers only, in accordance with their subordinate roleaccordance with their subordinate role

Tough conditions simulating „prison life“Tough conditions simulating „prison life“ No detailed rules of behaviourNo detailed rules of behaviour for both groupsfor both groups Original plan: to conduct the experiment for 14 daysOriginal plan: to conduct the experiment for 14 days

STANFORD PRISON EXPERIMENT III Necessary to quit the whole experiment already after 6 daysNecessary to quit the whole experiment already after 6 days

“ “shocking and unexpected” outcomes of the experimentshocking and unexpected” outcomes of the experiment

Both prison guards and convicts tended to slip into predefined rolesBoth prison guards and convicts tended to slip into predefined roles behaving in „required“ way rather than using own judgment and morals behaving in „required“ way rather than using own judgment and morals

Own initiative of the guards to run the prison Own initiative of the guards to run the prison excessive cruelty, wide array of humiliations and punishments excessive cruelty, wide array of humiliations and punishments denial of individual responsibilitydenial of individual responsibility

PrisonersPrisoners rapid development of signs of mental and emotional distressrapid development of signs of mental and emotional distress necessary release of some prisoners because of acute trauma suffering necessary release of some prisoners because of acute trauma suffering others adapted by becoming blindly obedient to the unjust authority of the guards others adapted by becoming blindly obedient to the unjust authority of the guards (learned helplessness)(learned helplessness)

Experiment dealt with the dynamics of prison life, but implications can Experiment dealt with the dynamics of prison life, but implications can be generalized to wider societybe generalized to wider society Still powerful topic for connection to number of psychological conceptsStill powerful topic for connection to number of psychological concepts

STANFORD PRISON EXPERIMENT IV Group dynamicsGroup dynamics

importance of occupied roleimportance of occupied role

Group polarisation Group polarisation division existing between law and its transgressors division existing between law and its transgressors

Deindividuation Deindividuation lack of self-awareness arising out of being part of a group situation lack of self-awareness arising out of being part of a group situation

Power of authorityPower of authority demonstrated by impressionability and obedience of people when demonstrated by impressionability and obedience of people when provided with a legitimizing ideology, social and institutional support provided with a legitimizing ideology, social and institutional support

Processes of dehumanizationProcesses of dehumanization loosening of social and moral values loosening of social and moral values

Situational attribution of behaviour Situational attribution of behaviour behaviour caused by situation rather than anything inherent in behaviour caused by situation rather than anything inherent in individual personalitiesindividual personalities

Prisonisation processPrisonisation process Ethical issuesEthical issues Methodological criticisms Methodological criticisms

reliability and validity of resultsreliability and validity of results

Thank you for your attention!Thank you for your attention!

Any questions?Any questions?

RREFERENCESEFERENCES, , RECOMMENDED READING :RECOMMENDED READING : Darley, J. M., & Pittman, T. S. (2003). The psychology of compensatory Darley, J. M., & Pittman, T. S. (2003). The psychology of compensatory and retributive justice. Personality and Social Psychology Review, 7, 324-and retributive justice. Personality and Social Psychology Review, 7, 324-336.336.

McFatter, R.(1982). Purposes of punishment: Effects of utilities of criminal McFatter, R.(1982). Purposes of punishment: Effects of utilities of criminal sanctions on perceived appropriateness. Journal of Applied Psychology, 67, sanctions on perceived appropriateness. Journal of Applied Psychology, 67, 3, 255-267.3, 255-267.

Prison Service of the Czech Republic: www.vscr.czPrison Service of the Czech Republic: www.vscr.cz

Probation and Mediation Service: www.pmscr.cz Probation and Mediation Service: www.pmscr.cz

Stanford Prison experimentStanford Prison experiment: : www.prisonexp.orgwww.prisonexp.org

Wayne Gillespie (2003). Prisonization: Individual and institutional factors Wayne Gillespie (2003). Prisonization: Individual and institutional factors affecting inmate conduct. New York, NY: LFB Scholarly Publishing.affecting inmate conduct. New York, NY: LFB Scholarly Publishing.

Weiner, B., Graham, S., & Reyna, C. (1997). An attributional examination Weiner, B., Graham, S., & Reyna, C. (1997). An attributional examination of retributive versus utilitarian philosophies of punishment. Social Justice of retributive versus utilitarian philosophies of punishment. Social Justice Research, 10, 431-452.Research, 10, 431-452.