Forensic
Psychology
Turning to Crime
Making a case
Reaching a verdict
After a guilty verdict
Module: G543
Forensic Psychology
1 – Turning to Crime
Social Explanations
1.1
Disrupted Families
Farrington
1.2
Learning from Others
Sutherland/Akers (EXT)
1.3
Poverty
Wilkstrom (Peterborough)
2.1
Criminal Thinking Patterns
Yochelson & Samenow
2.2
Moral Development
2.3
Social Cognition
Kohlberg/Chen and
Howitt(EXT)
Gudjohnsson
3.1
Brain Dysfunction
Raine/Raine
3.2
Genes & Serotonin
Brunner/Caspi(EXT)
3.3
Gender
Daly & Wilson
Cognitive Explanations
Biological Explanations
2 - Making a Case
Interviewing Witnesses
1.1
Recognising Faces
Bruce
1.2
Factors Influencing
Identification
Cognitive Interview
Loftus (weapon
focus)/Pickel(EXT)
Fisher
2.1
Detecting Lies
Mann
2.2
Interrogation Techniques
Inbau/Granhag (EXT)
2.3
False Confessions
Gudjohnsson
3.1
Top Down
3.2
Bottom up
Theory (Ressler and
Hazlewood) Study Canter
Canter
3.3
Case Study
Canter: John Duffy
1.3
Interviewing Suspects
Creating a Profile
2
3 – Reaching a Verdict
Persuading a Jury
1.1
1.2
1.3
Effect of Order of
Testimony
Persuasion
Pennington & Hastie
Effect of Evidence Ruled
Inadmissible
Pickel
Attractiveness of
Defendant
Witness Confidence
Castellow/ Theory Dion
Loftus
Witness Appeal
2.1
2.2
2.3
Penrod
Effects of Shields and Video Ross
on Children giving Evidence
Reaching a Verdict
3.1
Stages in Decision Making
Hastie
3.2
Majority Influence
Asch
3.3
Minority Influence
Nemeth/Moscovici(EXT)
4 – After a Guilty Verdict
Imprisonment
1.1
Gillis & Nafekh
1.2
Planned Behaviours when
free from Jail
Depression & Suicide Risk
1.3
Prison Situation and Roles
Zimbardo
Alternatives to
Imprisonment
2.1
Probation
Mair & May
2.2
Restorative Justice
Sherman & Strang
2.3
Looking ‘Deathworthy’
Eberhardt
3.1
Cognitive Skills Programme
Cann
3.2
Anger Management
Ireland
3.3
Ear Acupuncture
Wheatley/Margolin(EXT)
Palmer and Connelly
Treatment Programmes
3
What is Forensic Psychology?
The word “forensic” comes from the Latin forensic, “pertaining to a forum”. In ancient
Rome the forum was a marketplace where people gathered not just to buy things but to
also conduct all kinds of business, including public affairs and legal disputes. The word
later came to be restricted to refer to the courts of law.
The word “forensic” has been used in England since 1659 and now
indicates the application of a particular area of scientific knowledge
to legal problems and legal proceedings, for example, in forensic
anthropology, where anthropological knowledge is applied to identify
human remains found at a crime scene.
Forensic psychologists apply psychological knowledge to help them understand the
behaviour of criminals, the police, judges, barristers, witnesses and the jury n the
courtroom and in preparation of cases for legal proceedings.
Unit G543: Forensic Psychology
This option is designed to follow a rational progression through the criminal justice
system, applying psychological understanding to four parts of the criminal justice
experience:
1. Turning to crime – this area looks at three influences that have been used to
explain how people become criminal: their upbringing (family), cognition (thinking
patterns) and biology (genetic factors).
2. Making a case – this area examines how psychologists’ can inform the
investigative process, methods of interviewing, factors influencing witnesses,
detecting lies and creating an offender profile.
3. Reaching a verdict – this area looks at how psychologists’ have contributed to
understanding the influences on jurors as they watch a trial unfold, and their
discussions and group behaviours in coming to their verdict.
4. After a guilty verdict – as prison only works as a deterrent for about 35-40% of
offenders, this area examines the ways in which psychology can inform the penal
system by studying research into the effects of imprisonment, alternatives to
imprisonment and a variety of treatment programmes.
4
Evaluation
Think!
about the study/approach/ method/issues/debates you have
just covered.
Ψ Approach/Perspective
- Physiological, Social, Cognitive,
Ind diffs, Developmental, Behaviourist,
Psychodynamic
 Methods –Design- Independent/ Repeated measures
(adv/disadv)
Type of study (eg experiment, self-report,
observation, case study – adv/disadv)
Ψ Issues -
Participants (representative?) setting, controls
Ecological Validity (how realistic is it; can the findings be applied to everyday life?)
Longitudinal and snapshot (is the study conducted over a long period or one point in time?)
Qualitative and Quantitative data (is the data descriptive or numerical?)
Usefulness (how is the research/theory/model useful in terms of how it explains human
behaviour?)
Application (how can the results of the research/theory/model be applied in everyday life
settings?)
Ethics (consent/informed consent, deception, withdrawal, debriefing, confidentiality,
protection of participants, observation without consent)
Generalisability (can these findings be applied to all individuals/situations?)
Reliability (is the method used within the research/theory/model consistent?)
Validity (is the method used within the research/theory/model measuring what it is supposed
to?)
Ψ Debates –
Determinism and Free will (does this study/perspective suggest we have
freewill or that our behaviour/experience is determined?)
Reductionism and Holism (do the results of the study focus on one single level of
explanation, ignoring others or do they consider many explanations?)
Nature and Nurture (is this characteristic/behaviour due to genetics or
learning?)
Individual and situational explanations (can this behaviour be explained
by the situation/environment or is it due to personal characteristics?)
Ethnocentrism (can this behaviour be considered to be biased towards one ethnic group or
society?)
Approach bias (does the study support the beliefs of a specific approach?)
Psychology as a Science (is the method used within the study rigorous, ie. objective,
reliable,
falsifiable?)
5
G543: Exam Guidance
1. 10 Mark Question:
o Describe a study (aims, method, procedure, result, conclusions)
o Describe the theory (7 points for the theory and 3 marks for the
study to support)
2. 15 Mark
o
o
o
Question:
PCEC: Point, Comment, Evidence, Comment
Followed by a slap back
However, PCEC (the slap back must contradict the point you just made)
For example, if you have just
said the internal validity is high
and appropriate slap back would
be that the ecological validity is
low. It would make sane to slap
back with the research is
reductionist!
Think of it as a game of tennis.
You are rallying to see who can
score the point. Therefore, it
makes no sense to slap back
with an argument that doesn’t
challenge what you have just
written!
For Example:
The Biological approach to an extent can provide an explanation for criminal behaviour as the research into the
biological approach is often high in ecological validity. This has the effect that the research has more relatable
findings that can be as a result generalised to real life situations and therefore can why people turn to crime. For
instance, Wilson conducted a content analysis of real case of violent behaviour and the reasons behind this behaviour.
The study had high ecological validity as it used content analysis of homicide cases in Detroit in 1972, analysing age and
sex of perpetrator and victim to test the evolutionary theory. The Biological approach can therefore be used to
provide an explanation for criminal behaviour as biological research uses real life cases and therefore can be used
to explain that individuals commit crimes because of their gender.
Slap Back
On the other hand, the biological approach can be seen as being limited in its ability to provide an explanation for
Criminal Behaviour as much of research into explaining why people turn to crime is ethnocentric. Therefore, the
findings cannot be generalised to wider populations and therefore cannot provide valid explanations for why people turn
to crime. For example, Daly and Wilson conducted a study to examine gender and age patterns in crime, using homicide
cases from 1972 in Detroit. They found that males are likely to commit homicide in areas where there is a low life
expectancy than females. Therefore, we cannot conclude that all males in areas with short life expectancies will
commit crimes as an explanation for criminal behaviour as those circumstances might be limited to those area of
Detroit.
6
Topic 1 – Turning to Crime
1. Upbringing
 Disrupted families
 Learning from others
 Poverty and disadvantaged neighbourhoods
2. Cognition
 Criminal thinking patterns
 Moral development and crime
 Social cognition
3. Biology
 Brain dysfunction
 Genes and serotonin
 Gender
7
Topic 1 – Turning to Crime
What makes a criminal?
What do you know about the Kray Twins? Ronnie and Reggie Kray
were a pair of identical twins who were famous London gangsters in
the 1960s. They ran a number of nightclubs and socialised with actors, lords and
politicians, but were also involved in robbery, arson, torture and
murder. A dedicated squad of detectives brought them to justice in
1969 and they were both given life sentences.
But here's the thing: Ronnie suffered from paranoid schizophrenia,
was volatile and violent and provoked most of their atrocities; Reggie would have
liked to "go straight" or at least turn their business into an ordinary (ie not especially
violent) criminal operation, but was dominated by his brother. It was claimed that a
jealous Ronnie actually murdered Reggie's wife! So, were these twin brothers born to
a life of murder and evil? Or could things have worked out differently for them and
their victims?
Your first unit in Forensic Psychology looks at what makes some people turn to crime,
while other people never seem to feel the temptation. In the past, this used to be
viewed as a purely moral question, and people who did "stray from the path" were
regarded as wicked or weak. Psychology is more concerned with finding out the reasons
behind criminal or deviant behaviour, rather than judging it or preventing it (though
psychologists do hope their research will help prevent it too).
It is never easy or straightforward to explain why people turn to crime. We must be
careful to avoid reductionist (simplistic) or deterministic (criminal behaviour is outside
the control of the individual) arguments. It must be remembered that everyone has
free will; we choose whether or not to break the law.
Forensic Psychology has, however, considered a number of different explanations of
criminal behaviour. Studies of upbringing, cognition (thought processes) and biology can
all contribute to our understanding of criminality, but none of these factors alone can
explain why a person turns to crime. It is the interaction between these factors and
individual differences between people that influences whether or not people turn to
crime, and this means that the explanation for crime is very complex and that
criminality is very hard to predict.
8
Theories of Upbringing
The Theories/Studies
1. Farrington (2001) – Detangling the Link Between Disrupted Families and Delinquency
2. Sutherland– Theory of Differential Association
3. Wikstrom & Tafel (2003) - The Peterborough Youth Study
The main approach in this area is social psychology. Many would argue that the biggest
influence on criminality is the family. If your family are criminals it is likely that you
will also be a criminal. However, this is obviously a very deterministic explanation, as it
ignores individual differences, some people do manage to buck the trend and turn their
lives around. Conversely, some people from law abiding families go on to become
criminals.
Subsection = Disrupted families - do problem families produce problem
children?
Many would argue that the biggest influence on criminality is the family. If your family
are criminals it is likely that you will also be a criminal. However, this is obviously a very
deterministic explanation, as it ignores individual differences, some people do manage to
buck the trend and turn their lives around. Conversely, some people from law abiding
families go on to become criminals.
e.g. Juby & Farrington (2001): Disentangling the link between disrupted
families and delinquency.
There have been increases in marital instability since the 1960s. There have also
been increases in juvenile delinquency since that time. Much research has been done
into the link between these two factors – is family disruption associated with delinquent
and criminal behaviour? This study by Judy and Farrington aimed to investigate the
extent of the relationship between delinquency and disrupted families and to consider
the difficulties in studying the association between “broken homes” and delinquency.
According to the authors, “broken homes” and “disrupted families” are unsatisfactory
terms in that they include a wide range of family types and experiences. Studies that
simply look at intact versus broken homes often fail to address the fact that in some
intact families there is parental disharmony and high conflict which can also have a
negative impact on delinquency rates.
This study, then, aimed to look not simply at broken vs. intact homes but also to
disentangle a number or pre- and post- disruption variables to consider their effect on
delinquency. These included:
Pre-disruption variables
Reasons for the disruption
Timing of the disruption
Gender of the lost parent
Level of conflict
Post-disruption variables
Gender of the custodial parent
Subsequent family reconstitution
9
Disrupted families
1.
Key Study: 1.1.1 Disrupted families
Farrignton, ‘Disentangling the link between disrupted
families and delinquency', British Journal of Criminology, 41 (l), 22-40
Hoys from disrupted families who continued living with
The OCR specification focuses on four types of sampling
their mothers had similar delinquency rates to boys from
method, random sampling, stratified sampling, self-
intact harmonious families.
selecting and opportunity. However, researchers
Discussion: Juby and Farrington concluded from their
Approach: Social/developmental
schools
measured
individual
characteristics
such
as
evidence that the multiple stressors involved in separation
Aim: To compare delinquency rates among boys
intelligence and personality. Interviews with the participants'
explain the link between disrupted families and delinquency.
living in permanently disrupted families at age 15
parents were carried out annually from age 8 to age 14-15 by
They concluded that disrupted families in general are
with delinquency rates among those living in intact
families
a psychiatric social worker. Parents (mainly mothers)
associated with relatively high delinquency rates but they
reported on family income, parenting practices and family
Hypothesis: That delinquency is more common among boys
argued that analysis of the relationship should not be
situation (for example, parental separation). Teachers also
from
simplistic. Some kinds of disrupted families are criminogenic
sometimes use mixed approaches or approaches that do
not fall clearly into one of those categories. The term
'representative population- has been used here to refer to a
method which should more properly be called 'purposive
sampling’. This is when researchers seek out participants
who share the characteristics of their target population,
excluding others that do not. They hope to capture in this
completed questionnaires when the boys were age 8, 10, 12
compared to boys from intact families
(likely to lead to crime) but so are some kinds of intact
way a representative sample of that population but it
cannot claim to be representative in the true statistical
and 14 providing data on topics such as truancy, aggressive
families (those with high parental conflict). Equally some
sense. For example, if all the young offenders in one
Method: Prospective longitudinal survey
behaviour and school behaviour. Searches were carried out
kinds of disrupted families - in particular where the mother is
institution participate in a study the sample cannot claim to
in the Criminal Record Office for data on criminal offences
a stable figure - are no more criminogenic than intact
be representative of all young offenders in that country.
excluding minor offences such as traffic infractions.
harmonious families.
However, it is a practical approach that will provide
meaningful insights into the attitudes of the target group.
permanently
•'u :i.
disrupted
families
(broken
homes)
;11 I.' 1-'^
Results: Juby and Farrington found that:
Delinquency rates were higher among 75 boys who
The Cambridge Study is a prospective, longitudinal survey of
were living in permanently disrupted families on their
boys born in South London in the 1950s. It is called the
fifteenth birthday compared to those boys living in
Cambridge study despite the fact that the participants lived in
intact families. Twenty-nine per cent of those from
London because the research team is based at the
University of Cambridge. It is longitudinal in design because
disrupted families were convicted as juveniles as
data was collected over a long period - since the 1960s. It is
prospective because the data was originally collected when
(odds ratio = 1.9).
opposed to 18 per cent of boys from intact families
Prospective longitudinal studies allow hypotheses to
be tested even though they do not use the
experimental method. This is because the researchers
the boys were aged 8-9 before it was known how the lives of
the boys would turn out. Since then data has been collected
make predictions then test those predictions by
studying long term outcomes.
at regular periods enabling researchers to monitor how the
lives of the participants were shaped by their early
V _______________________________________ y
experiences.
The key study discussed in 1.1.3 — the
Peterborough Youth Study is by contrast a
What is an odds ratio?
snapshot or cross-sectional study. It examined
Odds are the number of times an event occurs/ number of
the offending behaviour of all the Year 10 students
times it does not occur. It is a measure similar to
in state schools in Peterborough at one particular
probability.
time.
To find the odds ratio you divide the odds of one group by
the odds of the other group An odds ratio greater than 2 is
considered significant.
Delinquency rates were similar in disrupted families to
Type of sample: Representative population Participants: 411
boys from 6 state schools in South London aged 8-9 at the
start of the study in 1961.
Procedure: Data were collected on the parents of the boys
and the boys themselves. The data included juvenile
convictions, juvenile self-reported delinquency and adult
convictions. The participants were interviewed and tested at
age 8, 10, 14 at school, at age 16, 18 and 21 in a research
office, and at age 25, 32 and 46 in their homes. The tests in
2
those in intact high-conflict families (OR 1.0 to 1.4).
Key
LO-M/F-DI: Lone mother after
father's death LO-M/F-LEF; Lone
mother after father left LO-M/F-STP:
Lone mother with stepfather
RELATIVES: Living with relatives
LONE F: Lone father NON
RELATIVES: Living with nonrelatives, e.g. foster family
Boys who lost their mothers were more likely to be
delinquent than boys who lost their fathers. Odds ratio
for juvenile convictions for those who lost mothers was
3.7.
Disruptions caused by parental disharmony (broken
homes) were more damaging than disruptions caused by
parental death.
Graph to show percentage of delinquents in differently composed households Source. H. Juby and D P. Farrington (2001).
'Disentangling the link between disrupted families and delinquency'. British Journal of Criminology. 41(1 ):22-40. Reproduced with purmission o( Oxford
University Press
Subsection = Learning from others – can social learning theory and
learning from others explain criminal behaviour?
e.g. Sutherland (1939) – Differential Association Hypothesis
KEY TERM
Differential association theory = Sutherland’s theory of crime stating that criminal
behaviour is learned through social groups. The more associations a person has with
attitudes favourable to criminal activity in proportion to attitudes unfavourable to
criminal activity, the more likely they are to commit crimes.
Edwin H.Sutherland (1939) used social learning theory principles to produce his
differential association theory. Sutherland suggests that criminal behaviour is learned
through exposure to criminal norms, which happens within the family and peer group.
Criminal behaviour results from two factors:
 Learned attitudes (criminal behaviour becomes the accepted social norm)
 Imitation of specific acts (how to do the behaviour is observed and then imitated)
Sutherland presented his theory in the form of nine principles.
1. Criminal behaviour is learnt.
2. Criminal behaviour is learned in interaction with other persons in a process of
communication.
3. The principle part of the learning of criminal behaviour occurs within intimate
personal groups.
4. When criminal behaviour is learned, the learning includes the techniques of
committing the crime, which are sometimes very complicated,
sometimes very simple and the specific direction of motives, drives,
rationalisations and attitudes.
5. The specific direction of motives and drives is learned from definitions of the
legal codes as favourable or unfavourable.
6. A person becomes delinquent because of an excess of definitions favourable to
violation of law over definitions unfavourable to violation of law.
7. Differential associations (number of contacts with criminals over non-criminals)
may vary in frequency, duration, priority and intensity.
8. The process of learning criminal behaviour by association with criminal and anticriminal patterns involves all of the mechanisms that are involved in any other
learning.
9. While criminal behaviour is an expression of general needs and values, it is not
explained by those general needs and values, since non-criminal behaviour is an
expression of the same needs and values.
Conclusions:
Sutherland’s theory is based on TWO core assumptions:
• Deviance occurs when people define a certain human situation as an
appropriate occasion for violating social norms or criminal laws.
• Definitions of the situation are acquired through an individual’s history of
past experience.
The theory emphasises the social-psychological processes by which people produce
subjective definitions of whether an action is criminal.
Evaluation of Sutherland’s theory:
Strengths

Sutherland’s study accounts for what he
called white collar crime, and explains
how in the world of politics, business and
the professions illegal practices (e.g.tax
evasion, fiddling expenses, bribery etc.)
could be widely accepted as the social
norm for how things are done. This
showed that crime was not all carried out
by deviant psychopathic individuals from
impoverished backgrounds.

This theory gives a useful explanation
for crimes carried out in peer groups
(e.g. the violence of street gang crime).

The theory is useful as it has been highly
generative, that is it has led other
Psychologists to researcher and refine
the impact of differential associations
on criminality.
Weaknesses/limitations

Sutherland's theory is reductionist (takes a purely
social learning approach) and ignores other factors
such as biology (see principle 1) which might explain
criminal behaviour better than the differential
association theory does – for example it fails to
account for acts of impulsive violence or crimes of
passion carried out by those who have not been
exposed to criminal norms or witnessed criminal
behaviour.

The theory also fails to explain crimes carried out
by people acting individually.

The theory does not address individual differences
in susceptibility to the influence of others and
assumes all people will acquire criminal behaviour in
the same way, and according to principle 7 of his
theory criminality ought to be predictable by
quantifying exposure to differential associations.
This could only be true if there were no individual
differences between people.

Sutherland fails to explain the processes by which
criminality is learned, does he mean by classical and
operant conditioning? Is his theory a precursor to
social learning theory?

The study was carried out in 1939 and is outdated in
parts. For example, modern theorists consider that
the media can have a strong influence on criminal
behaviour and attitudes to crime (see principle 3).
12
Key Study: 1.1.2 Learning from others
Akers•
-
Food for thought
'Social Learning and deviant behaviour: a specific test of a general theory’, American Sociological
Review, 44, 636—55
2)
Approach: Behaviourist
Differential peer association - a scale of three items
measuring how many of respondents’ friends use the
Aim: To test social learning theory of deviant behaviour
substance. Differential reinforcement - social: This
with survey data oil adolescent drinking and drug
Can you think of factors that might explain why
Variance is a measure of Ihe amount of variation within
young people use/don't use drink/druc other than
the values of a variable. If a model explains 55 per
cent of the variance then (in rough terms) if you know
those investigated in this study? SLT appears to
the independent data for someone then you can
young people (68 per < of the variance compared lo
predict the outcome and you will be right 55 per cent
of Ihe lime.
55 per cent of variance explained).
Can you think of any reasons why this migh the
case?
assessed encouragement, praise, reward and punishment
behaviour Method: Self-report
Design: Cross-sectional (snapshot) survey Type of sample:
Sample of representative population I’niiicipnnts:
Approximately 2500 male and female adolescents
attending grades 7-12 (age 13-18) in three midwestern
states in the USA.
Procedure: Parental permission was obtained for the
explain more fully drug-lakir lhan drinking among
from parents/friends over use/abstinence. Differential
reinforcement - social/non-social: This analysed positive
The factors selected for analysis together have strong
and negative outcomes of use/ abstinence including
explanatory power regarding young people’s drinking- and
social reinforcers and non-social rcinforcers such as a
drug-taking habits, although they do not completely
good high or a bad high or feeling good or bad
explain
afterwards.
predictive variable was imitation, although it was still
differences
between
individuals.
The
least
expected direction. The most effective predictive variable
Research based on self-reporl Is sometimes seen as
iinrolialhle becauoo Ihoro i:i no objective dala
A subsample of respondents was selected for a follow-up
set was found to be differential association and within that
collected. We cannot know whelher respondents are
interview to check reliability of responses. Dependent
the specific factor of differential peer association was the
variables were abstinencc-use of alcohol measured by a 6-
single most important variable.
administration
of
a
questionnaire
about
abstinence
from/use ofalcohol and marijuana to the participants.
regression techniques.
point frequency-of-use scale: 1 = never; 6 = nearly every
day. Abuse was measured by asking the respondents to
check whether or not they had experienced problems on
move than one occasion such as ’having an accident’, ‘not
being able to remember later’ what they had done.
Influenced by Bandura’s (1971) Social Learning Theory (SLT)
and
Sutherland's
Differential
Association
theory,
The data collected were analysed using multiple
the
experimenters selected five concepts as predictor variables:
imitation; differential associations;
definitions; differential social reinforcement and differential
The purpose of multiple regression is to learn more
about the relationship between several predictor
significantly related to the dependent variable in the
Discussion: It is perhaps surprising that imitation comes so
low in the list of explanatory factors, as the concept of
variables and a dependent (criterion) variable. Multiple
regression procedures are widely used in research lo Iry
imitative learning was originally at the heart of SLT.
to answer the general question "what is the best
predictor of . . .7’ The general computational problem
that needs to be solved in multiple regression analysis
imitative learning and the researchers concluded that their
is to fit a straight line to a number of points. In the
simplest case - one dependent and one independent
variable - one can visualise this as a scatterplot with a
However SLT is in fact broader than just the concept of
findings supported SLT. Moicover the results support
Sutherland's 1941 theory that both differential association
and definitions of acceptable/unacceptable behaviour are
key to an understanding of why young people develop
deviant behaviours. The fact the peer group influence is so
Imitation index: Total of admired models (parents;
line of regression. In the multivariate case, when there
is more than one independent variable, the regression
line cannot be visualised in Iwo dimensional space, but
friends; other adults) whom the respondent reported
can be still be computed. In analysing factors in school
imitate their behaviour, but more importantly because they
having observed using the substance (alcohol/drug).
achievement, for example, one could have a number of
predictor variables, for example IQ, motivation and self
esteem. II is possible lo construct a linear equation
containing all those variables.
/
provide social reinforcement for our behaviour and provide
non-social reinforcement.
Definitions: Three aspects of definitions were examined
- neutralising definitions, for example, denial/excuse;
law-abiding/violating definitions; respondents' own
approval/ disapproval of use.
Differential association:Three aspects of
differential associations were examined:
I)
Respondents' perception of approving/
disapproving attitudes towards them by
a)
adults whose opinion they valued
b)
other teenagers whose opinion they valued.
Results: The results of the regression analyses show strong
support for the social learning theory of adolescent alcohol
and drug behaviour. When all the independent variables arc
incorporated into the equation, the model explains 55 per
cent of the variance in drinking behaviour and 68 per cent
of the variance in marijuana behaviour.
high is not surprising, as previous research has shown this.
Friends arc important in part because we obsei ve and
norms by which we define particular behaviours as
acceptable/unacceptable.
telling (he truth or whether their answers are
affected by social desii-eability factors. In this study
however, the sample size is very large (2500) and
generally Ihe larger Ihe sample size Ihe more
reliable Ihe conclusions drawn from the data.
V y
Subsection = Poverty & Disadvantaged Neighbourhoods
Although there is an undisputed link between disadvantaged areas and
likelihood of being involved in crime, it is far from the case that the poorer
or more disadvantaged you are the more crime you will be involved in: it
simply is not the case that the poorest people commit the most crime.
In itself poverty is not simple to define.
For example there is absolute poverty, where people have nothing and
struggle to meet their basic needs of food, shelter and warmth, and then
there is relative poverty where people have less than others and may not
be struggling to live, but may have significantly less than other people in
terms of financial security, disposable income, possessions etc.
In terms of the relationship between poverty/disadvantaged
neighbourhoods and crime, there is not a direct link. Instead, poverty and
disadvantage are associated with the risk factors that may lead a person
into crime.
For example government figures show that the most disadvantaged 5% are
100 times more likely than the most advantaged 50% to have multiple
problems which increase their risk of being involved in crime, such as:
mood disorders, conduct disorder, police contact, cannabis use, and alcohol
abuse.
The question for researchers then is to investigate how individual risk
factors, lifestyle and living in a disadvantaged area/poverty interact to
lead a person into crime, and to consider the relative importance of
individual and situational factors in turning to crime.
Just how big an influence does social disadvantage have on whether a
person turns to crime or not?
Wikstrom & Tafel (2003) - The Peterborough Youth Study
Aim:
To investigate why young people offend.
Approach:
Social Type of Data:
Details:
A cross-sectional study was carried out on nearly 2000 year 10 students (14-15) [representing all
the year 10 students in all 13 state schools in Peterborough, UK]
Students completed a questionnaire, and a random sample of them were also
interviewed.
Results:
 44.8% of males and 30.6% of females had committed at least one crime (violence, vandalism,
shoplifting, burglary and car theft) during the year 2000.
 9.8% of males and 3.8% of females have committed a serious crime of theft.
 High-frequency offenders commit a wide range of crimes.
 One in eight were reported to or caught by the police for their last offence.
 Offenders are victimised more than non-offenders. Violent offenders are more likely to
become victims of violence.
 Offenders are more likely to abuse drink and/or drugs.
Explanatory factors include:
 Family social position (social class, ethnicity, family composition)
 Individual characteristics (self-control, morality, family bonds and monitoring)
 Social situation (family and school bonds, opportunity for truancy)
 Lifestyle and routine activities
 Community context (neighbourhood disadvantage and school attended)
How these factors influence offending:
o Gender, community contexts, family social class, ethnicity and split families are not
strong predictors of adolescent offending. However, they are significant predictors
of the youths' individual characteristics and lifestyles.
o The youths' individual characteristics and the way they live their lives strongly
affects their involvement in crime.
o For well-adjusted youths lifestyle is a less important risk factor for their offending,
while for average youths (youths with neither strong risk, nor strong protective
factors), lifestyle has a strong impact on their level of offending.
o The key new finding of this study is the strong interaction between individual
characteristics and lifestyle in producing offending risk; high-risk lifestyles have a
different importance for the risk of offending for youths with different levels of
individual risk factor.
15
Conclusions:
Wikstrom & Tafel suggest three groups of adolescent offenders:
The three groups of offenders identified in the
Peterborough Youth Study
1.Propensity Induced
These youths have an enduring propensity to offend,
it is a personality or individual characteristic. It is
only a small group, but is responsible for a
disproportionate number of offences. The have a
number of risk factors such as weak family and social
bonds, low levels of self-control, anti-social values,
low levels of shame and a high risk lifestyle.
2.Lifestyle Dependent
This group are average in terms of social adjustment.
They offend when they have high risk lifestyles, for
example socialising with delinquent peers and using
drugs or alcohol.
3.Situationally limited
These are youths who may occasionally offend if
they are exposed to high levels of situational risk.
Substance abuse seems to be of particular
importance in explaining their occasional offending.
As their offending is very closely linked to the
situation they find themselves in, they are unlikely to
re-offend.
Suggested targeted strategies aimed at reducing
offending
the prevention of the propensity-induced offenders'
criminality may primarily be a question of addressing
more fundamental problems arising from their
development history and their current family and school
social situation (through social preventative strategies
rather than deterrent strategies
for the lifestyle dependent adolescent offenders, it is
argued that strategies focusing on situationally oriented
measures (e.g. mobilising parents and schools in
influencing their lifestyles, for example through
improved parental monitoring and combating truancy)
may have a greater prospect for success.
for the situationally-limited adolescent offenders, it is
questionable whether there is a need to develop any
particular crime prevention strategy. This group's
occasional offending is perhaps best interpreted as a
result of uncharacteristic behaviour triggered by
factors, such as alcohol intoxication, that sometimes may
act to momentarily reduce their inhibitions toward
offending.
The study shows that youths with many individual risk factors offend frequently, and that there
is a strong interaction between individual risk factors and lifestyle in producing offending risk. In
contrast, youths with many individual protective factors rarely offended.
Social disadvantage was NOT a strong predictor of delinquency in comparison to individual
factors and lifestyle factors, but those from a lower social class (more poverty) did have more
risk factors than those from a more comfortable background.
16
Summary: Upbringing

In considering the influence of upbringing, we have looked at how families are clearly
influential in a person’s chances of becoming criminal. It seems clear that disrupted
families with criminal parents give any individual a high risk of following them into
crime.

We can also assume that early intervention programs may mitigate (lessen) the risk
of a person becoming a criminal.

If a young person belongs to a deviant peer group the risk factors increase as
criminal acts become norms of behaviour. Each group will make their own definition
of the rules they will adopt and those they will ignore.

If the family lives in an area of poverty or disadvantage, the risks increase as they
feel alienated from the mainstream of society and its values of an honest work ethic
based on a good education leading to a job or career.

There may be individuals with characteristically high-risk behaviours who adopt a
permanently criminal lifestyle while others are more influenced by situational
factors and therefore are potentially easier to rehabilitate.
17
Theories of Cognition
The Theories/Studies
1. Yochelson & Samenow (1976) - A study of thinking patterns in criminals
2. Kolberg (1958)- Moral Development in children
3. Gudjonsson and Sigurdsson (2007): Motivation for offending
The main approach in this area is Cognitive psychology. The basic assumption here is
that criminals must think in a fundamentally different way to law-abiding citizens. They
must be able to rationalise their own behaviour and decide the risks involved are worth
the possible gains. The big problem here is how do we ever really know how and what
another person is thinking?
Subsection = Criminal thinking patterns
Do criminals think differently from other people?
The basic assumption here is that criminals must think in a fundamentally different way
to law-abiding citizens, e.g. they must be able to rationalise their own behaviour and
decide the risks involved are worth the possible gains.
Free Will vs Determinism
How far are cognitive factors under the control of the individual (free will) or are they
predetermined by other factors (determinism) when someone has committed a crime?
For the most part we take responsibility for our guilt, however when some offenders
are viewed mentally unstable they may make a ‘plea of diminished responsibility
(behaviour the outcome of lost sanity, which maybe temporary).’ The rules a court
uses to decide whether to uphold the plea are the McNaghten Rules and in the event
the plea is upheld usually indefinite imprisonment is the consequence. In order for an
offender to be found guilty and sentenced they need to be of Mens Rea, ‘guilty mind’
and Actus Reus, ‘guilty act.’
18
Yochelson & Samenow (1976) - A study of thinking patterns in
criminals
Background:
Yochelson & Samenow were Dr’s who worked together at St. Elizabeth’s Psychiatric
Hospital in Washington, DC where they profiled and counselled male offenders using
psychodynamic (Freudian) techniques.
Aims:
1. To understand the make-up of the criminal personality.
2. To establish techniques that could be used to alter the personality disorders that
produce crime.
3. To encourage an understanding of legal responsibility.
4. To establish techniques that can be effective in preventing criminal behaviour.
Approach:
Cognitive Details:
A longitudinal study conducted over 14 years. 255 male participants from various
backgrounds; black, white, those from the inner city, suburbs, wealthy, poor etc.,
were interviewed at various points over the years. The population was mainly those
confined to a mental hospital who had been found guilty of a crime, but pleaded
insanity and a roughly equal group of convicted prisoners, not confined to a mental
institution. Most of the participants dropped out of the study, only 30 completed
the programme of interviews.
Results:
Criminals…..
 Are restless, dissatisfied and irritable
 While at school, considered requests from their teachers and parents as
impositions
 Continually set themselves apart from others
 Want to live a life of excitement, at any cost
 Are habitually angry
 Are lacking empathy
 Feel under no obligation to anyone or anything
 Are poor at responsible decision-making, having pre-judged situations.
By the criteria set at the beginning of the study only 9/255 criminals showed any
improvement. This shows little support for the psychoanalytical methods of
treatment in which both Yochelson and Samenow had been trained during their
psychiatric training.
From early on in the study it became clear to the researchers that the participants
were manipulating the study in order to improve their situation and were not
improving their bvr at all but instead were, for example, lying, abusing drugs/alcohol
19
and stealing hospital supplies.
As a result, Yochelson and Samenow changed the focus of the study to investigate
criminal thinking patterns (as the data on reasons for criminality would be invalidated
by lying). This moved the focus of the study from a psychoanalytic perspective to a
cognitive one.
The key finding on criminal thinking was that 52 thinking patterns were distinguished
in the criminal personality. These were considered to be ‘errors’ in thinking and while
not claimed to be unique to criminals were believed by the researchers to be used
more by criminals than non-criminals (although since the study had no control group
of non-criminals to make comparisons with this assumption was not proven in this
study)
Examples of criminal thinking “errors”
Criminal thinking patterns
Characterised by fear and a need for power and control.
Other features include a search for perfection, lying and
inconsistencies or fragmentation in thinking
Automatic thinking errors
These include a lack of empathy and trust, a failure to
accept obligations, and a secretive communication style
Crime-related thinking
These include optimistic fantasising about specific criminal
errors
acts with no regard to deterrent factors
Conclusions:
52 thinking patterns were distinguished in the criminal personality. These were
considered to be ‘errors’ in thinking. However, as there was no control group of noncriminals we cannot be certain that these traits are only found in criminals.
Subsection = Moral Development
Morals are a set of norms and values, usually learnt from our parents about what is
right and wrong.
In the UK the age of criminal responsibility is 10; children over 10 are deemed to
clearly know the difference between right and wrong. Other countries have different
age limits; German 18, Scotland 8.
Piaget showed that children of different ages think differently, and he also associated
this with different types of moral reasoning, and his work heaviliy influenced Kohlberg.
Kohlberg’s research and the work it has generated helped to answer the following
questions:
 Are there different stages of moral reasoning where the reasons for acting
morally, that is doing the right thing, differ between the stages?
 Does the development of these stages occur over time?
 If someone has an immature level of moral development for their age does this
make them more likely to commit a crime?
20
Kohlberg was heavily influenced by the work of Piaget and believed that children’s
cognition developed through stages. His research involved presenting groups of boys
with moral dilemmas and then asking them questions about them. His most famous
moral dilemma is below.
Heinz Dilemma
Heinz’s wife was suffering from terminal cancer. In an effort to save her he
went to a chemist who had developed a cure which might help her.
Unfortunately, the chemist wanted much more money for his cure than
Heinz could afford and refused to sell it for less. Even when Heinz
borrowed enough money for half the cost of the drug, the chemist still
refused to sell it to him. Having no other means of getting the drug, Heinz
broke into the chemist’s laboratory and stole it.





Should he have broken into the laboratory? Why?
Should the chemist insist on the inflated price for his invention?
Does he have the right?
What should happen to Heinz?
What if Heinz did not love his wife – does that change anything?
What if the dying person was a stranger? Should Heinz have stolen
the drug anyway?
Level 1
Pre-morality
Level 2
Conventional Morality
Level 3
Post-conventional morality
Stage 1 Punishment & Obedience Orientation –
Doing what is right because of fear of punishment
Stage 2 Hedonistic Orientation – Doing what is
right for personal gain, perhaps a reward
Stage 3 Interpersonal Concordance Orientation –
Doing what is right according to the majority
Stage 4 Law & Order Orientation – Doing what is
right because it is your duty and helps society. Laws
must be obeyed for the common good.
Stage 5 Social Contract or Legalistic Orientation
– Doing what is morally right even if it is against the
law because the law is too restrictive.
Stage 6 Universal Ethical Principles Orientation –
Doing what is right because of our inner conscience
which has absorbed the principles of justice,
equality and sacredness of human life.
Aim: - To find evidence in support of a progression through stages of moral development.
Procedure: - 58 working and middle class boys from Chicago aged 7, 10, 13, 16 were given a two hour
interview with 10 dilemma (like the Heinz) to solve. Some of these boys were followed up at 3 yearly
intervals and the study was repeated in 1969 in the UK, Mexico, Taiwan, USA and Yucatan.
Findings: - Younger boys tended to perform at stages 1 and 2, with older boys at stages 3 and 4. This
pattern was consistent across different cultures.
Conclusions: - The evidence does support the idea of a stage theory of moral development.
More recent research by Thornton & Reid (1982) with criminal samples suggests that criminals
committing crime for financial gain show more immature reasoning than those committing violent crimes.
21
Subsection = Social Cognition
Social Cognition refers to the way our thoughts are influenced by the people we mix
with but also how we can understand social phenomena by looking at an individual’s
cognitions.
We all justify and explain our behaviours using either internal or external
attributions. An internal attribution is when a person accepts full responsibility for
their own behaviour and sees the cause as being within themselves. An external
attribution is when a person sees the cause of their behaviour as being an external
factor, e.g. ‘I was provoked, it’s his fault I hit him’, ‘I had a bad childhood’, ‘I’ve got no
money”. A criminal is considered rehabilitated when they can fully accept responsibility
for their crime, in other words have an internal attribution, they accept their guilt.
An extension of this, and one which we will look at in the study in this subsection is
the self-serving bias. This points out that we tend to make attributions that present
us in the best light. If something good happens which will increase our self esteem or
raise us up in the esteem of others, we make an internal attribution, e.g. “My target
grade for Psychology was a D, but I got a B. This was because I am a good student and
worked hard.” (supporting the actor-observer effect – this is an internal or individual
attribution about the actor’s own behaviour). On the other hand, if the behaviour
reduces our esteem or makes others judge us negatively, then we make external or
situational attributions for it: “I got a U in Psychology A-level when my target grade
was a D, but that was because the teacher didn’t teach me properly/my parents
wouldn’t help me with my studies by buying me the laptop I needed…” This self-serving
bias means we take the credit for anything that makes us look or feel good, and make
excuses or try to give justifications for those things that make us look or feel bad.
Attributional biases are faulty cognitions, and in the criminal they can be a barrier to
their rehabilitation, as someone who has committed a crime can’t really be considered
to be rehabilitated unless they can fully accept responsibility for their crime and
accept their guilt. Sexual assault and rape are very serious crimes which carry long
prison sentences and which follow the offender beyond the sentence as they are
required to be recorded on the database of known sex offenders. The reason for this is
that they are statistically likely to reoffend. This suggests that they are not able to be
successfully treated or rehabilitated in prison.
Social cognition
Gudjohnsson
Key Study: 1.2.3 Social cognition
, ‘Motivation for offending and
probation’, Personality anti Individual
personality. A study among young offenders on
Differences, 42, 1243-53
Approach: Cognitive/individual differences Aim:
To
examine ilie relationship between
motivation for offending and personality, anger problems and
attitudes towards offending Method: Self-report
Design: Cross-sectional (snapshot) survey Type of sample:
Representative sample population Participants: 128 male youths,
age range 15-21, from Reykjavik, Iceland, who had been given a
conditional discharge after a guilty plea. Most of the offences
were property offences followed by car crimes, assatdt and
criminal damage.
Procedure: Participants had pleaded guilty to an offence and were
required to attend regular supervision sessions with a probation
officer during their period of discharge. Each participant was
asked during a visit to their probation officer whether they would
be willing participate in a study into offending and personality.
Several psychological scales were administered: the Offending
Motivation Questionnaire (OMQ); the Gudjonsson Compliance
Scale; the Eysenck Personality Questionnaire (El’Q) and Eysenck
Impulsivity Scale (E1S); the Novaco Anger Scale and the Blame
Attribution Inventory.
2.
Offending
Motivation
Questionnaire
(OMQ)
(Gudjonsson ami Sigurdsson, 2004): A 22-item questionnaire
that measures the motivation behind offending which
comprises four main factors:
1.
Compliance: Items relating to the offence being
committed in order to please a peer or because the
person felt pressured into it (example, ‘Gave in to
Excitement: Items indicating that the main motive for
the offence was fun or excitement (example, ‘Did it for
Provocation:
Items
involving taking revenge, losing control, and selfdefence (example, ‘To take revenge on somebody').
4.
three
main
‘superfactor’
personality
dimensions
(psychoticism, extraversion, neuroticism).
See Psychology A2 for OCR textbook Section 1.1, p.4 for
more on the Eysenck Personality Questionnaire
The Eysenck Impulsivity, Venturesomeness and Empathy
Scale (Eysenck and Eysenck, 1991): This is a 54-item
questionnaire which was included because it has been argued
that primary personality traits (for example impulsivity, need
for stimulation or sensation seeking) may be better predictors
The Novaco Anger Scale (Novaco, 1994): This two-part scale
measures anger reactions. Part A contains items divided into
three domains: cognitive, arousal and behavioural. Part B
consists of items providing an index of angei intensity in
potentially anger provoking situations.
The Blame Attribution Inventory: This is a 42-item inventory,
with a true-false format, which measures how offenders
subscales: External Attribution (that is blaming the offence on
provocation and society), Mental Element Attribution (that is
blaming the offence on mental factors, such as poor self-
excitement').
3.
1975): A much tested personality questionnaire that measures
attribute blame for a specific criminal act. It comprises three
pressure from peer(s)').
2.
The Eysenck Personality Questionnaire (Eysenck and Eysenck,
of delinquency than the three super-factors.
Measures:
The
The Gudjonsson Compliance Scale (Gudjonsson,
1997): a scale comprising two factors: eagerness
to please; conflict avoidance. This is a 20-item
scale rated with true or false that measures the
tendency of the person to go along uncritically
with requests made by others in order to avoid
conflict.
The
higher
the
score,
the
more
compliant the individual is.
Financial: Items reflecting a financial or a monetary
need as the explanation for the offence (example, ‘In
hope of financial gain').
control), and Guilt Feeling (that is the extent to which the
offender expresses regret and feelings of remorse for the
offence).
Results: The first finding was that out of 120 cases, 103
respondents (86 per cent) said that they had committed the offence
claims that they were pressured into crime, or that they had been
trying to impress peers by committing the offence. It also shows
in the company of others, Gudjonsson and Sigurdsson concluded
that motivation for offending therefore must take into
consideration peer group influence and pressure.
that perceived peer pressure can encourage youngsters to offend
(for example, being unable to resist offending when pressured to
do so by peers). Excitement was found to be the single most
important motive for youth offending. The excitement motive had
the strongest overall relationship with the other psychological
measures. This study also demonstrates the importance of anger
in relation to offending motivation. It was an important predictor
in three out of the four OMQ factors (excitement, provocation,
and financial). This fits with Agnew’s (1985) strain theory which
proposes that adolescents are pressured into delinquency by
strong negative reactions, such as anger, that arise from adverse
life events and frustration.
Pood for thought
How does this finding relate to the findings of Akers
el al. (Key study 1.1.2) and the Peterborough Study
(Key study 1.1.3)?
The second finding was that the highest mean scores on the OMQ
were for the excitement and financial motives. In addition, 38 per
cent of the participants claimed that they did not think about the
consequences of what they were doing and 36 per cent were very
confident that they would get away with the offence.
Food for thought
How does this finding relate to the ‘superoptimism' variable
in the Psychological Inventory of Criminal Thinking Styles
(Key study 1.2.1)?
Gudjonsson and Sigurdsson present the argument that there are
individual differences in offending motivation factors and that
these are related to personality variables. It was hypothesised that
different types of motivation for the offence (compliance,
provocation, excitement and financial) would be predicted by
different psychological measures. It was found that neither
Hxtraversion (El’Q) nor Empathy (EIQ) correlated with any of the
OMQ factors. The Gudjonsson Compliance scale correlated
significantly with the compliance motive, but not with any other
OMQ factors. Psychoticism (EPQ) correlated significantly with
the excitement and provocation motives. The Novaco Anger
Scales correlated significantly with the excitement, provocation
and financial factors. External attribution of blame (Gudjonsson
Blame Attribution Inventory) correlated with the compliance
motive and there was a significant negative correlation between
guilt (Gudjonsson Blame Attribution Inventory) and the
excitement motive.
Discussion: The study shows that a compliant disposition is
significantly related to participants’
The homogeneity of the sample (young men who had
committed relatively minor offences) is both a strength and
weakness. The strength is that there are likely to be fewer
confounding variables associated with age. gender, substance
abuse and repeated offending. The disadvantage is that the
influences of different types of offences could not be
ascertained and possible gender differences could not be
investigated.
These are invisible variables
that may affect findings thlis reducing reliability
Summary: theories of Cognition

Research by Yochelson and others has suggested that criminals think differently
from law-abiding people. They have certain biases in their thinking which means they
see themselves existing apart from the mainstream of society without obligation to
others, lacking empathy and seeking excitement. Their decision-making is poor and
they lie habitually.

A criminal’s moral development is restricted to the lower levels of Kohlberg’s
hierarchy, reflecting the biases found by Yochelson. In stage one and stage two of
Kohlberg’s theory a person does what is right to avoid getting into trouble or for a
reward or personal gain. A criminal may believe that because the chances of getting
into trouble are quite slim and the rewards for the crime are quite substantial then
there is little moral pressure on them to behave within the law.

It was also found that attributions are affected by the social context and social
pressures surrounding the criminal.

Understanding how criminals think offers potentially the greatest opportunity to
change faulty thinking and reduce re-offending.
Theories of Biology
The Theories/Studies
1. Raine et al (1997/2002) – Brain abnormalities in murderers indicated by
PET
2. Brunner et al (1993) –A study of violence in a family with genetic
abnormality
3. Daly & Wilson (2001) - Investigation of gender-related life expectancy
The main approach in this area is Physiological psychology as this section focuses on
reasons for turning to crime and clearly illustrates the nature/nurture debate. The
basic assumption here is that criminals are biologically different to non-criminals. In
particular, some bio-psychologists argue that special structures inside the brain control
our social behaviour - giving us empathy for other people, a sense of conscience and a
concern for the consequences of our actions. People without these brain structures
might be heartless and impulsive with no sense of right and wrong. This is taking the
NATURE side of the nature/nurture debate and the DISPOSITIONAL side of the
dispositions vs situations debate.
However, biological theories of crime are reductionist and determinist. These theories
can only really explain certain types of crime, mainly violent ones. There is a danger of
labelling individuals before a crime has actually been committed.
That said, they are attractive and persuasive because they offer the possibilities of
screening for criminality, intervention programmes and treatment. In reality, it is the
interaction between upbringing, environment, cognitive processes, and biology and
individual differences between people that influences whether or not they turn to
crime. It must be remembered that everyone has free will; we choose whether or not
to break the law.
26
Subsection = Brain Dysfunction
Adrian Raine of the University of Southern California has conducted research using
PET scanning and found abnormalities in some parts of the brain in violent criminals. He
has found that low physiological arousal, birth complications, fearlessness and increased
body size are early markers for later aggressive behaviour.
Raine et al (1997) – Brain abnormalities in murderers indicated by PET
Background: Earlier work by Raine and others had demonstrated the
relationship between low levels of activity in the prefrontal cortex and
violent behaviour (Raine 1994).
This is an area of the brain behind the forehead and Raine describes
the function of this part of the brain as like ‘the emergency break on behaviour’, which
prevents us from acting on violent or aggressive impulses.
It is thought that the prefrontal cortex sends messages to the limbic system to tell us
to fear the consequences of acting on our impulses. The limbic system is part of the old
brain which governs our emotional and aggressive impulses. The hippocampus (remember
Maguire) and amygdale are key structures in the limbic system.
Raine suggests that violent offenders have shown abnormalities in these areas in the
function of the different hemispheres (remember Sperry) and developments of brain
imaging techniques have allowed research to be carried out into the possible brain
dysfunction in violent offenders.
Aim: To investigate patterns of brain activity in murderers compared to a matched
sample of non-murderers using PET scanning
Approach: Physiological
Participants and Details:
Experimental group of 41 participants charged with murder/manslaughter who had
pleaded ‘not guilty by reasons of insanity’ (NGRI) but had been convicted (referred to as
‘murderers’)
Murderers (mean age 34.3). There were 39 men and 2 women.
23 had a history of brain damage, 6 schizophrenia, 3 substance abuse, 2 affective
disorders, 2 epilepsy, 3 learning disability/hyperactivity, 2 paranoid personality disorder
A control group of 41 people were matched for sex and age (mean age 31.7 years) and
who were similar in other ways, eg. 6 had schizophrenia who were matched with
experimental group. Rest of group screened and showed no history of psychiatric illness.
No participants were on medication.
The IV is whether a participant is a murderer or not, the DV is the measures of brain
activity and brain structure found using PET scans.
27
What is a PET scan?
A brain positron emission tomography (PET) scan is
an imaging test that uses a radioactive substance
(called a tracer) to look for disease or injury in the
brain. A PET scan requires a small amount of
radioactive material (tracer) to be given through a
vein, usually on the inside of your elbow. The tracer
travels through your blood and collects in organs
and tissues. The tracer helps the radiologist see
certain areas or diseases more clearly. As the PET
scanner detects signals from the tracer, a computer
changes the results into 3-D pictures. The images
are displayed on a monitor for your doctor to read.
In Raine’s study, the P’s were given the tracer the carried out a ‘continuous performance task’
(a visual task that increases brain activity in the frontal lobes of normal participants-CPT) for
32 minutes before having their PET scan.
Results: No difference on task performance but significant differences in brain
metabolism of glucose in number of areas were found between murderers and controls
Summary table of results for the prefrontal, limbic and corpus callusum of the
murderers compared to the control group.
Area of the Brain
Findings
Prefrontal cortex
Lower glucose metabolism (i.e. less activity) in some prefrontal areas of the brain.
Limbic system
Different levels of activity in the amygdale and hippocampus
Corpus Callosum
Less activity in corpus callosum (structure that joins the two
halves of the brain).
Conclusions: Raine at al. conclude that the study shows that murderers pleading NGRI
have significant differences in glucose metabolism in certain areas of the brain
compared to the non-murderers.
They also suggest that reduced brain activity in certain areas may be one of the many
predispositions toward violence. The areas identified as having abnormal activity are
associated with LACK OF FEAR, LOWER SELF-CONTROL, INCREASED AGGRESSION,
IMPULSIVE BEHAVIOUR AND PROBLEMS CONTROLLING AND EXPRESSING
EMOTIONS - All of these could lead to an increased risk of committing acts of
extreme violence. However, although the study suggests that violence has a
biological cause, Raine DID NOT conclude that there were only biological causes for
violence, just that there might be a PRE-DISPOSITION to violence in some people,
depending on environmental triggers.
28
29
Subsection = Genes and Serotonin
Background:
Inside every living thing are sets of instructions called GENES. Genes are the building blocks of
DNA and they tell bodies how to grow and develop. Genes affect whether you have have brown
eyes or blue and influence things like your height, build and possibly your intelligence and
personality. Scientists have been researching genes since the 19th century monk Gregor Mendel
discovered how genes were passed on in pea plants. However, we're still a long way from
identifying what every single gene does, particularly since most genes work in complicated
combinations with other genes. We don't even know how many genes there are in humans;
estimates range from 20,000 to 150,000.
Could there be a gene for criminality? First, it's important to clear up what this means.
Criminality is a social construct - what's criminal in one society or at one time might be perfectly
acceptable somewhere else. Our genes don't know anything about "laws" so you can't have a gene
that makes you want to break any particular law. However, genes certainly can give people
PREDISPOSITIONS. Predisposition is a natural built-in tendency creatures have to behave or
develop a certain way. For example, human babies have a predisposition to walk and talk and learn
to do these things with very little encouragement; however, they can still end up not doing these
things if they are paralysed, deaf or neglected. Genes might give some people a predisposition to
take risks, not think about consequences, be aggressive or behave selfishly. Even that doesn't
mean they have to become criminals. They could become contestants on reality TV shows instead.
In the 1960s it was proposed that males with an extra Y chromosome (males should have one X
and one Y chromosome) were predisposed to be violent criminals (Price et al., 1966). This genetic
abnormality became known as 'the supermale syndrome'; individuals who had it were above
average height and below average intelligence. The XYY theory offered the prospect
of a genetic explanation, which carried with it the weight of scientific knowledge and potentially
offered possibilities of screening people before they had committed a crime, cutting the risk to
the population at a stroke. However, later research failed to find more than low correlational
support for the original findings. The over-representation of XYY individuals in prison populations
may have had more to do with their lower intelligence, making them more likely to get caught and
to have suffered poor educational performance, which in itself is a risk factor for becoming
criminal.
Despite this early setback, researchers have continued to search for genetic explanations for
criminality, looking at how crime often runs in families and conducting twin and adoption studies
for evidence.
Christiansen (1977) looked at 3586 twin pairs in Denmark. (correlation)
A 52% concordance rate for criminality was found for monozygotic (identical)
twins, compared to just 22% for dizygotic (non-identical) twins.
However, we must remember the effects of shared upbringing and if crime really
was genetic we would expect a 100% concordance rate for monozygotic twins as
they share 100% of their genes.
Further research suggests that Monoamine oxidase (MAO) is an enzyme in the
mytochondria (the powerhouses found in large numbers in every cell that provide the cell
30
with energy). MAO is the enzyme responsible for breaking down several
neurotransmitters (brain chemicals which relay, amplify, and modulate signals between a
neuron and another cell) including monamines: serotonin, dopamine and norepinephrine.
Therefore it also has an effect on the levels of these neurotransmitters in the body.
There are actually two MAO enzymes, MAOA and MAOB, and they are produced by two
different genes that have loci (or “addresses”) close to each other on the short end of
the X chromosome. This means that these genes are sex-linked.
It is well known medically that inhibiting the production of MAO, particularly MAOA,
using drugs is a very effective way of treating depression. So, by inference, it would seem
that altering MAO enzymic activity can affect the brain by altering its chemistry.
e.g. Brunner et al (1993) –
A study of violence in a family with genetic abnormality
Aim: - A case study was carried out on a family from the Netherlands where males
were affected by a syndrome of borderline mental retardation and abnormal violent
behaviour. These included impulsive aggression, arson, attempted rape and
exhibitionism.
Procedure: - 5 affected males were studied. Data was collected from the analysis of
urine samples over a 24 hour period. The urine samples measured the metabolites of
several neurotransmitters, including serotonin (Metabolites are formed as part of the
natural biochemical process of metabolism of neurotransmitters and the levels of
metabolites excreted in urine reveal whether metabolism is normal or not)
Findings: - The tests showed disturbed monoamine metabolism associated with a
deficit of the enzyme monoamine oxidase A (MAOA). A mutation was identified in the
X chromosome of the gene responsible for the production of MAOA.
Conclusion: - MAOA is involved in serotonin metabolism. Impaired metabolism of
serotonin is likely to be responsible for mental retardation and this could be linked to
aggressive behaviour e.g. high levels of serotonin (caused by failure to metabolise the
serotonin as normal) might cause impulsive bouts of aggression. The criminal violence in
the effected members of this unusual family appeared to be directly connected to their
faulty gene.
31
32
Subtopic: Gender
Daly & Wilson (2001) - Investigation of
gender-related life expectancy
Background:
In all cultures young males appear more often in crime statistics than any other groups.
Although, females do commit crime, the figures are far lower. Why?
Daly & Wilson (2001) noticed that young male offenders had a ‘short term horizon’. This means
that these individuals want instant gratification. They have a short lifespan expectation due to
the risky behaviour that they engage in.
Evolutionary Psychology theorists believe that every gene that influences our behaviour is
subject to evolution by natural selection. Specific genes will be spread through a population if
the individuals bearing that gene reproduce more than the individual bearing other genes. Using
the example of status competition, in most species male success is based upon competition for a
mate, through display, fighting or competing for status or territory with other males.
Evolutionary Psychologists argue that in human society males have these same pressures and will
participate in such behaviours even if they involve danger or even the possibility of death.
33
34
Summary: Biology

The biological influence on criminality covers many separate strands as
researchers work in small areas of the different fields. One criticism of this is their
tendency to promote their own particular body of evidence as though it existed
separately from others.

It is unlikely ever to be possible to find a single biological cause of criminal
behaviour, because crime exists in many forms.

The attraction of a biological explanation is that it offers the possibility of
screening for the future.

Against this is the danger of labelling individuals before a crime has been
committed and ignoring the possibility of free will being able to override any
predisposition to criminal behaviour.
35
TURNING TO CRIME
January 2010
a) Outline a biological explanation of why males commit more crimes than females.
[10]
b) To what extent does the biological approach provide an explanation of criminal
behaviour? [15]
June 2010
a) Outline one piece of research into criminal thinking patterns. (10)
b) To what extent does the cognitive approach explain criminal behaviour? (15)
January 2011
a) Outline how brain dysfunction can explain criminal behaviour. (10)
b) Evaluate individual biological explanations for criminal behaviour. (15)
a) How can an upbringing in a disrupted family cause criminal behaviour? (10)
b) Evaluate the longitudinal research when considering upbringing as an explanation
of crime. (15)
January 2012
a) Outline evidence which shows genes may influence criminal behaviour. (10)
b) To what extent are biological explanations to why people turn to crime
reductionist? (15)
June 2012
1. Describe how social cognition can explain criminal behaviour. (10)
2. Evaluate the validity of research into cognitive explanations of criminal
behaviour. (15)
January 2013
1. How can criminal behaviour be learnt from others? (10)
2. Discuss the view that some people turn to crime because of their upbringing. (15)
June 2013
1. What does research into moral development tell us about criminal behaviour? (10)
2. Discuss whether individuals have fee will when turning to crime. (15)
June 2014
3. How can upbringing in poverty and disadvantaged neighbourhoods explain criminal
behaviour. (10)
2. Evaluate the methodology used to investigate upbringing as an explanation of crime.
(15)
36
Topic 2 – Making a case
1.Interviewing witnesses
 Recognising and recreating faces
 Factors influencing accurate identification
 The cognitive interview
2. Interviewing suspects
 Detecting lies
 Interrogation techniques
 False confessions
3. Creating a profile
 Top down typology
 Bottom up approaches
 John Duffy Case study
37
Theories of Interviewing witnesses
The Theories/Studies
1. Bruce et al (1988) - The importance of external and internal features in
facial recognition
2. Loftus et al (1987) - Weapon Focus
3. Fisher and Geiselman (1992) - The Cognitive Interview
The main approach in this area is Cognitive psychology. How we process information and
are able to recognise and remember it accurately is important for witnesses of crime.
This area highlights factors that may influence the accuracy of such information.
Subsection = Recognising and recreating faces by E-fit
Recognising Faces: The Thatcher illusion
Task: - Look at these two pictures of Margaret Thatcher and then turn the page
upside down! This is known as the Thatcher illusion. This illustrates some of the
problems with facial recognition.
Being able to accurately identify a face is key to many convictions. However, cases of
mistaken identity show that this is not always as easy as it seems.
Vikki Bruce has shown that recognising a familiar face is something which we are all
quite good at, but unfamiliar faces are a completely different matter.
Sinha et al (2006) found that there are eight important factors involved when
witnesses try to reconstruct a stranger’s face.
1. We can recognise familiar faces even when the resolution is low (poor quality
CCTV)
2. The more familiar they are the easier it is.
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3. Facial features are processed holistically (all together as a single unit). This has
implications for piece by piece facial reconstruction, such as the old “Identikit”
method.
4. Eyebrows and hairline are most important features.
5. Illumination changes influence recognition (the suspect may look very different in
poor light or side light). (see the Einstein/Marilyn example)
6. Motion of the face helps recognition (We can better recognise a video than a
photo).
7. There appears to be specialised neurones for face recognition.
8. Face identity and expression may be processed by two different systems in the
brain.
Key concept: E-Fit
The Electronic Facial Identification Technique, commonly known as E-FIT, is a
computerised method of synthesizing images to produce facial composites of the faces
of suspects based on eyewitness descriptions.
e.g. Bruce et al (1988) - The importance of external and
internal features in facial recognition
Background:
Cognitive psychologists have done a lost of research into how we recognize faces. Loftus has
shown again and again how people’s memories are reconstructive – we “invent” our memories
from SCHEMAS (stereotyped ideas) and we are very influenced by leading questions. Even the
difference between asking a witness to start by remembering the eyes or the ears could have a
huge effect on the face they come up with.
Psychological research on face recognition suggests that we recognise familiar faces by
their internal features (eyes, brows, nose and mouth), but recall unfamiliar faces
according their external features (head shape, hair and ears)
Where witnesses are constructing photofit images or informing police artists in
sketches they will be describing unfamiliar faces, so will be focusing on, and more
accurate at describing, the external features.
One of the great breakthroughs in Forensic Psychology has been the FACIAL COMPOSITE
technique. This involves helping witnesses put together the image of a face from the different
components a face is made from – choosing the right nose from a selection of noses, the right
eyebrows from a selection of eyebrows, etc. The first successful facial composite was
IDENTIKIT, developed in the 1940s by the Los Angeles police. This was developed in England
into PHOTOFIT, which used more realistic photographs rather than drawings. The latest
39
computer packages, like E-FIT, help witnesses pick facial features from huge databases of
faces.
The purpose of these photofits is publication and identification by someone who knows
the subject and is therefore familiar with their face, but the way witnesses produce
photofits engages unfamiliar face perception.
Bruce et al aimed to provide evidence for the theory that witnesses produce poor
internal features in their photofits. The fact that witnesses are likely to produce
better external features in their photofits and are not very good at reproducing the
internal features of unfamiliar faces is a reason why police photofits are poor quality
and named only in around 20% of cases. They fail to give the viewer accuracy in the
facial areas (internal features) that we generally use to identify faces familiar to us.
Bruce et al (1988) - The importance of external and internal features
in facial recognition
Aim:
To investigate the relative recognisability of internal (eyes, brows, nose and mouth) and
external (head shape, hair and ears) features in facial recognition.
Participants, details & results:
Experiment 1:
30 staff and students from Stirling University were paid £2 to sort the composites. 15
males and 15 females with a mean age of 29.2
This was an independent measures design with three conditions. All participants were given
pictures of 10 celebrities, the task was to match the correct composite image to the
celebrity from the 40 composites given. The target celebrities were actors Ben Affleck,
Matt Damon, Jeremy Edwards, Joshua Jackson, Philip Olivier and James Redmond and pop
singers Kian Egan, Mark Feehily, Ronan Keating and Ian 'H' Watkins. The composite images
were produced by E-Fit, PRO-fit, Skethc and EvoFit (all commonly used by the police). Group
1 were given complete composites, group 2 composites containing only internal features (eyes,
nose, mouth) and group 3 external feature (head shape, hair and ears) composites. Each face
was clean shaven and spectacles were avoided.
40
The 40 composites used had been made as a result of interviews with participant-witnesses
(in a previous study) who were unfamiliar with the target face (the celebrities were chosen
as ones generally unknown to people aged over 30, who were the participant-witnesses in the
previous study) and researchers waited a couple of days prior to construction of composites
from memory in order to increase validity.
Results: 42% of whole composites and those of external features were sorted correctly,
compared to only 19.5% of internal features.
Experiment 2:
48 Undergraduates at Stirling University. 21 males and 27 females, all volunteers.
This experiment used a photo array (photo line-up); the task was to identify the celebrity
composites from the array. The task was made either easy (very different to target face) or
hard (very similar to target face). The composites were presented one at a time along the
photo array. The participant had to pick out the celebrity face from the array which
matched the composite. Once again the composites were composed of either external or
internal features.
This gave the following test conditions:
 External features only, easy task (composite was very similar to the target
photograph)
 Internal features only, easy task (composite was very similar to the target
photograph)
 External features only, hard task (composite was very different from the target
photograph)
 Internal features only, hard task (composite was very different from the target
photograph)
The materials consisted of the 40 external composite features and the 40 internal
composite features of Experiment 1, plus two sets of photo line-ups (complete faces).
Ppts were told that they would be evaluating a set of composites of famous faces by picking
out the targets from a photo line-up. Participants were then presented with each composite
sequentially in a booklet, along with the associated line up, and selected a celebrity face in
41
their own time.
Results: External features were identified 42% of the time, compared to just 24% of
internal features.
Conclusions:
Participants performed at just above chance level for internal features. Participants
performed equally well with both whole composites and external features. This shows that
external features are more important for facial recognition and that faces are processed
holistically. This has implications for facial reconstructions which involve witnesses picking
internal features from a book. Newer face reconstruction software takes these finding into
account. E-fit or EvoFIT both change faces holistically.
Facial Recognition research faces the same problems as any other type of memory
recall.
Delay
Exposure mode-intense emotion associated to the face
Stimulus variable- How much meaning to the individual has the face to be
remembered?
Subject variable- How much individual variation is there in the ability to remember a
face?
New developments in facial morphing (many images used to come up with one composite)
should significantly improve effectiveness.
Subsection = Factors Influencing Accurate
Identification
Loftus et al (1987) - Weapon Focus
Weapon focus refers to the concentration of a witness’s attention on a weapon which
results in them having difficulty recalling other details of the scene and identifying the
perpetrator of the crime.
Previous research carried out has shown that people fixate their gaze for longer,
faster and more often on unusual or highly informative objects.
Aim:
To provide support for the Weapons focus effect when witnessing a crime.
42
Method:
Laboratory experiment
Participants & Details:
The participants were 36 students from the University of Washington aged 18-31, half
were recruited via advertisements and paid $3.50, the others were psychology students
participating for extra credits.
All participants were shown 18 slides of a series of events in a Taco Time restaurant.
For both groups the slide was the same except for one slide. This slide was the
independent variable. In the control group the second person in the queue hands the
cashier a cheque, in the experimental group the same person pulls a gun on the cashier.
The dependent variable was recognition of that person; it was measured by a twenty
item multiple choice questionnaire. Participants were also show 12 photos in random
sequence and asked to rate how confident they were of their identification on a scale
of 1-6 (1 = guess, 6 = very sure).
Results:
Answers to the questionnaire about the slide show showed no significant difference
between the two groups. In the control condition (cheque) 38.9% made a correct
identification, in the experimental condition (gun) it was only 11.1%. Eye fixation data
showed an average fixation time of 3.72 seconds on the gun, compared to 2.44 seconds
on the cheque.
Conclusions:
The participants spent longer looking at the weapon and therefore had more difficulty
in picking the suspect from the line-up.
It was assumed that it was the high risk to the witness that drew their focus to the
weapon, but later research has shown that it is not quite that simple. The example we
will look at is by Dr Kerri Pickel.
e.g. Pickel, K.L. (1998). Unusualness And Threat As Possible Causes
Of "Weapon Focus.”
Background : The weapon focus effect is one in which the presence of a weapon
decreases a witnesses' ability to remember details about the event. But, why does this
effect occur?
One explanation is the cue-utilization hypothesis (Easterbrook, 1959). This theory
basically says that the weapon indicates a threat, which increases arousal, which makes
the witness focus on the weapon.
But could it just be the unusualness of the weapon is that causes “weapon focus” – would
any unusual object and not just a high threat object have an effect on witness focus?
43
Experiment 1 :
Aim : To investigate both threat and unusualness as reasons for witness focus
Method: Participants watched a two-minute video consisting of a scene from a hair
salon. A man walks to the receptionist and she hands him money. Conditions depended on
what the man held in his hand:
High threat, high unusualness
Handgun
Low threat, high unusualness
Raw chicken
Low threat, low unusualness
Wallet
Nothing
Control condition
Then, ppts did a 10-minute filler activity after which they completed a questionnaire.
The first part of the qre focused on the receptionist who was seen as a control since
she was viewed before the man walked in. The second section covered the man (target).
Witnesses were, for example, asked to describe the target’s features and clothing,
identify the object held by him (if any). They were also asked what he was actually
doing and were then asked to identify him from a photo line-up.
The results showed that the ppts focused for longest on the raw chicken (high
unusualness, low threat). The accuracy of witnesses’ descriptions was affected by the
unusualness of the object, but not threat.
Witnesses had difficulty remembering the low-threat, low unusualness object (wallet):
many failed to identify it.
“Weapon focus” was only evident in ppts’ descriptions: identification accuracy
(identifying the perpetrator form the line ups) did not differ by condition.
44
Subsection: Cognitive interview
What is a Cognitive Interview?
The Cognitive interview technique (CI) is based largely on the work of
Loftus and other psychologists, following their theoretical work into
memory (remember her AS Core Study?). It is designed to take
account of well known cognitive functions and avoid any chance of leading the
witness.
The CI involves the interviewer giving a set of instructions to the witness to
reinstate the context of the original event and to search through memory
by using a variety of retrieval methods.
There are 4 basic principles:
1. Interview similarity – memory of an event is enhanced when the psychological
environment at the interview is similar to the environment at the original event.
The interviewer should therefore try to reinstate in the witness’s mind the
external (weather), emotional (fear) and cognitive (relevant thoughts) features
that were experienced at the time of the crime.
2. Focused retrieval – The interviewer is to generate focused concentration. There
should be no interruption to the chain of thought and plenty of encouragement to
try hard.
3. Extensive retrieval – Witnesses should be encouraged to make as many retrieval
attempts as possible. Even if they say they cannot remember, they should be
encouraged to try another angle, eg. imagine the scene from another viewpoint.
4. Witness-compatible questioning- Events are stored and organised uniquely for
each witness. Successful retrieval therefore reflects how compatible the
questioning is with the witness’s unique mental representation. Interviewers
should be flexible and alter their approach to meet the needs of each witness.
45
Fisher and Geiselman (1992) - The Cognitive Interview
Aim:
To test the cognitive interview (CI) in the field
Method:
Field experiment
Participants & Details:
16 detectives from the Robbery Division of Dade County, Florida. All were experienced
In the first phase of the experiment, detectives were asked to record a selection of
their next interviews using the standard techniques they normally used. This took 4
months and 88 interviews were recorded, mostly related to bag snatches or robberies.
The detectives were then divided into two groups and one group was trained in CI
techniques. The group undergoing CI training comprised of 7 detectives. Training was
over four 60-minute sessions.
Interviews by both groups were then recorded over the next seven months. The
interviews were then analysed by a team at the University of California, who were blind
to the conditions (that is, they did not know if the interview they were analysing was by
a trained CI detective or not). The amount of information gathered by the two groups
of detectives was collated.
Results:
After training, CI detectives elicited 47% more information than before, and 63% more
information than the untrained detectives.
The time taken to interview witnesses was not significantly different, but CI’s do take
longer.
Both groups had a statement accuracy rate of 85%.
Conclusions:
This field experiment confirmed findings from laboratory based studies that Cognitive
Interview Techniques do seem to work in as much as they allow the interviewer to
gather more information.
The authors conclude that because the Cognitive Interview reliably enhances memory
and is easily learned and administered, it should be useful for a variety of investigative
interviews.
This has an obvious application in helping the police elicit information from witnesses to
hopefully help them to solve more crimes.
The CI technique is used by police forces in the UK, although often using a reined
version (Fisher and others are still researching and refining the CI technique)
46
Summary: Interviewing witnesses

The work of Bruce and others shows that the old ways of constructing photofits
relied on a false idea of how we recognise faces. Her research is leading to seeing
face reconstruction as a holistic process with much more satisfactory results.

It has been known for some time that if a weapon is involved in a crime then a
witness is likely to be less accurate at identifying a suspect, as the shock of seeing a
weapon will dominate over recall of the suspect’s facial features.

When interviewing a witness it is important not to lead them in any way, yet prompts
can help recall immensely. A cognitive interview approach allows the witness to
improve recall by reconstructing the event in their mind, inducing smells, feelings and
taking different perspectives on the event.
47
Theories of Interviewing suspects
The Theories/Studies
1. Mann et al (2004) - Police officers’ ability to detect suspects’ lies
2. Inbau et al (1986) - The Reid “nine steps” of interrogation
3. Gudjohnsson et al (1990) - A case of false confession
The main approaches within this area are Individual Differences, Cognitive and Social
psychology. This area focuses upon how suspects when being interviewed/interrogated
will react when in specific conditions, such as being coerced. The differences between
individual’s experiences, thought patterns and likelihood to obey/conform will all
influence their likelihood to confess guilt.
Subsection: Detecting Lies
Mann et al (2004) - Police officers ability to detect suspects’ lies
Background:
Some forensic psychologists prefer biological measures to detect lying. A polygraph is a device
that measures changes in skin conductivity and heart rate when the suspect becomes tense (ie.
is lying). It’s possible to fool polygraphs by making yourself tense up by digging nails into your
own skin, etc. Also, some groups oppose polygraphs, since they claim they lead to false
convictions. Drugs like Sodium Pentathol are advertised as “truth serums” but only make the
suspect relaxed and careless – they won’t make you say anything against your nature and don’t
force people to tell the truth.
Behavioural psychology has a lot to contribute to the subject of spotting liars. Common signs (or
CUES) of lying include:
 Avoiding eye contact
 Touching face, throat or mouth
 Timing of emotional gestures (like smiles) – too late, too slow or separate from speech
 Placing objects as a “barrier” in front of the questioner
 Repeating the wording of the question in the answer
 Discomfort with silence leads to adding unnecessary details to an answer
Police officers tend to think they are good at spotting lies when they are interviewing suspects.
They often claim that suspects reveal they are lying by minor body language or by being
inconsistent under repeated questioning. It’s very hard to test this because it’s not permitted
for the public to look at recordings of police interviews with suspects. This is because a suspect
is innocent until proven guilty and even suspects have a right to privacy until their case comes to
court.
Aim:
To test police officers’ ability to distinguish truth and lies during interviews with suspects.
Method:
Field experiment
48
Participants & details:
99 Kent police officers (24 female, 75 males), mean age 34.3 years old. 78 detectives, 8
trainers, 4 traffic officers and 9 uniformed response officers.
The participant’s task was to judge the truthfulness of people in real-life police interviews. At
the beginning of the experiment, participants were asked to fill out a questionnaire about their
experiences of detecting liars. They then saw video clips of 14 suspects showing their head and
torso so that expression and movement were visible (the clips were backed up by other evidence
which established whether the suspect was lying or telling the truth at any point). The 54 clips
varied in length from 6 to 145 seconds. After watching each clip, the participant had to
indicate whether it was a lie or the truth, and how confident they were about their decision.
They were also asked to make a note of the cues they used to detect the liars.
Results:
Police Officers performed better than chance (50%) they were 66.2% accurate on lies and
63.6% accurate on truths. The most frequently mentioned cues were gaze, movements,
vagueness, contradictions in stories and fidgeting.
Conclusions:
The police officers were good at detecting lies. However, to establish whether they were any
better than the general public would require a control group. This study could not have had a
control group because of issues of confidentiality and privacy (the clips were real police
interviews).
Subsection = Interrogation Techniques
An interrogation is different to an interview because it is a guilt-presumptive
technique and is therefore accusatory: the investigator starts by telling the suspect
that there is no doubt as to their guilt.
Interrogation usually follows an initial interview. The interrogation is designed to
increase arousal and anxiety and the aim of the interrogation is to secure a confession
from the suspect. However, a problem with techniques used to increase arousal and
anxiety is that they have a tendency to lead to false confessions and, in some cases
miscarriages of justice where the wrong person has been found guilty and imprisoned.
This is especially true where vulnerable suspects, such as young people or the mentally
impaired, are concerned.
49
Following a number of high profile examples of false confessions in the UK, the Police
and Criminal Evidence Act (PACE) (1984), under PACE Code E, requires all interviews to
be recorded in triplicate: a working copy for the police, one for the solicitor and one
sealed at the end of the interview and not to be opened until the case is in court, to
ensure evidence cannot be tampered with.
For full details see:
http://police.homeoffice.gov.uk/publications/operationalpolicing/2008_PACE_Code_E_(final).pdf
According to the Home Office website: “PACE sets out to strike the right balance
between the powers of the police and the rights and freedoms of the public”.
In the British legal system a defendant is presumed innocent until proven guilty, so
accusatory and anxiety-provoking interrogation techniques that, solicitors and suspects
may argue, lead suspects to confess under duress, are not acceptable police practice in
the UK. So the work of Inbau, see below, should not be applied in the interrogation of
suspects under the PACE codes. Nonetheless, false confessions still happen (see next
part of this section), despite the safeguards put in place to try to prevent this.
“You have the right to remain silent…” – Why?
Part of the PACE code of conduct includes informing a suspect of their rights, including
the right to remain silent and the right to a solicitor. Suspects rights are given when
they are arrested:
“You do not have to say anything, but it may harm your defence if you do not mention
when questioned something which you later rely on in Court. Anything you do say may be
given in evidence”.
The USA equivalent of this is the Miranda Rights, and the right to remain silent is
considered to be a constitutional right, known as “taking the fifth amendment”. The
Miranda rights inform suspects of their right to remain silent, and “taking the fifth
amendment” refers to an amendment to the American Bill Of Rights which means that
you have the right not to testify if that testimony might implicate you or lead to your
conviction for a criminal offence.
50
The introduction of the Miranda Rights was not welcomed by Fred Inbau. Inbau, along
with John Reid, is the author of the book “Criminal Investigations and Confessions”, a
handbook still used widely in police training in the USA today. Inbau saw the Miranda
Rights as a trend towards putting the rights of the suspect before the rights of
society and he campaigned strongly against this trend.
His book, which has been regularly updated, includes a number of techniques for
interviewing and interrogating suspects, collectively known as The Reid Technique (or
more correctly the Reid Techniques).
This includes what is known as the Reid Nine Steps of Interrogation.
Inbau et al (1986) - The Reid “nine steps” of interrogation
Inbau developed an approach to interrogation which relied on presenting a mass of
damaging facts to persuade criminals that they had no choice but to confess. He felt it
was justifiable for the police to lie, deceive, or use tricks to force a confession. His
techniques are described in a book written with John Reid, Criminal Interrogation and
Confessions (1962), which is the mostly used interrogation manual in the USA.
The “nine steps” of interrogation are:
1. Direct confrontation – the suspect is told directly that they are thought to have
committed the offence.
2. Chance to shift blame (either to some else or circumstances) - the suspect is
offered the chance to shift the blame away from themself by being offered some
suggestions or justifications for what happened. The interrogator should show
sympathy and understanding for their plight. This is designed to make it easier to
admit guilt.
3. Never allow the suspect to deny guilt - the suspect should never be allowed to
deny guilt. Interrupt any denial to prevent the suspect getting the psychological
advantage.
4. Ignore excuses – at this point the suspect will often try to give reasons why they
could not have committed the crime. Try to use this to move towards a confession
by ignoring them. Eventually the suspect will give up trying.
5. Reinforce sincerity, eye contact, first names – to ensure that the suspect is
receptive by staying close, keeping good eye contact and using first names.
6. If suspect cries, infer guilt – the suspect will eventually become quieter and
listen; at this point move towards offering alternatives. If the suspect cries, infer
guilt.
7. Pose the ‘alternative question’ – giving the suspect two choices of what they could
do, one more socially acceptable than the other (it gives a reason why they could
have done it) but whichever they choose they are admitting their guilt.
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8. Admit guilt in front of witness – Get the suspect to admit guilt in front of
witnesses.
9. Document suspect’s admission – Document the suspect’s admission and get them to
sign a confession to avoid them retracting it later.
Inbau justifies the use of psychological techniques in this way because he says they are
being used on people presupposed to be guilty through their preliminary interview.
52
53
Subsection: False Confessions
What is a false confession?
A false confession is an admission of guilt in a crime in which the confessor is not responsible for
the crime. False confessions can be induced through coercion or by the mental incompetency of
the accused.
According to Kassin & Wrightsman (1985), there are three types of false confessions:
1. The ‘voluntary confession’ – no obvious external pressure
2. The ’coerced compliant confession’ – after forceful or persistent questioning the suspect
confesses to escape the interview situation.
3. The ‘coerced internalised confession’ where the suspect becomes temporarily persuaded that
they are guilty.
This persuasion is possible because are memories are fragile and susceptible, especially when we
are in an anxious and vulnerable state. Some groups are more susceptible to this pressure than
others, such as the young, the mentally ill, those with a low IQ, etc.
Psychometric tests can help to determine how susceptible people are to persuasion techniques.
Examples of those used within this study are:
 IQ test - a psychometric test of intelligence
 Gudjohnsson Suggestibility Scale - a test that tries to measure how susceptible a person is to
coercive interrogation. It relies on two different aspects of interrogative suggestibility:
yielding to leading questions; and shifting responses when interrogative pressure is applied.
The test consists of a narrative paragraph read to the participant, who then reports all they
can remember about the story. Later, the participant is asked a number of questions about the
story, some of which are incorrect. Then, the person being tested is told in a forceful manner
that they have made a number of errors and must answer the questions for a second time.
Yielding refers to susceptibility to suggestive questioning. Shifting refers to changing answers
as a result of interrogative pressure.
 Eysenck’s Personality Inventory (EPI) - personality test designed to measure the traits of
extroversion and neuroticism
54
Gudjonsson and MacKeith (1990) – A Case of False Confession
Aim:
To document a case of false confession of a youth who was at the time distressed and
susceptible to interrogative pressure.
Method:
Case study
Participant, details & results:
A 17 year old youth accused of two murders (FC). He was of average intelligence,
suffered from no mental illness and his personality was not obviously abnormal.
In 1987 two elderly women were found battered to death in their home, their saving’s
were missing and they had been sexually assaulted. A few days later FC was arrested
because of inconsistencies in accounts of his movements during an earlier routine
enquiry and because he was spending more money than usual. There was no forensic
evidence to link him to the case.
After his arrest he was denied access to a solicitor and was interviewed for 14 hours by
the police, leading to his confession. During this interview, he was repeatedly accused
of lying, the questioning was leading and accusatory and the police even suggested he
was sexually impotent! FC found this very distressing and eventually confessed.
In a second interview the day after, FC retracted his confession; only to confess again
under pressure about his failure to have successful relationships with women. There
were three further interviews.
In prison he was assessed by psychiatrists who found no evidence of mental illness, an
IQ of 94 and a score of 10 (very high) on the Gudjohnsson Suggestibility Scale, making
him abnormal in this respect. Using Eysenck’s Personality Inventory (EPI) he came out
as a stable extrovert.
After a year in jail he was released by a court after another person pleaded guilty to
the crimes.
Conclusions:
This is a clear case of ‘coerced compliant false confession’. He gave in to the pressure
of persistent and forceful questioning to escape from the interview situation.
55
Summary: Interviewing suspects

The police think they are good lie detectors and often rely on non-verbal cues to try
and tell if a suspect if lying. Research suggests that this is not the case and that
inconsistencies in stories are a better indicator. The police are better at this, but
not as good as they think they are.

Interrogation is sometimes used to force a confession, but in the UK this is only
done under special circumstances. Inbau advocates using psychological techniques to
break down suspects’ resistance and his handbook is used by police in the United
States.

The problem with strong interrogation techniques is that they can lead to false
confessions. This can happen with anyone, not just those with lower self-confidence.
To protect witnesses, the PACE guidelines must be followed through the legal
process.
56
Theories of Creating a profile
The Theories/Studies
1. Hazlewood and Douglas (1980): Lust Murders (Top Down)
2. Canter et al (2004) - Investigation of the organised/disorganised theory
of the serial murder
3. Canter & Heritage (1990) - Developments in offender profiling
4. Canter - The case of John Duffy
The main approaches within this area are Individual Differences, Cognitive and Social
psychology. This area attempts to categorise offenders based upon their unusual
criminal activity patterns, thought patterns and the environment in which they commit
their offences.
Profiling is one of the many techniques used to solve crimes, particularly when dealing with
unusual or serial crimes. This section will look at theories that are in favour of the “topdown” typology and bottom-up approach to profiling.
"Top-down" approaches exist in lots of subjects where things have to be analysed and
described. A top-down approach tries to fit everything in to a set of pre-designed
categories. A good example might be astrology. Everyone knows about the 12 signs of the
Zodiac - Ares, Pisces, Leo, etc. This is a top-down approach to predicting someone's future
because if you identify some very basic information about someone (their birthday), you can
fit them into an astrological type (eg. Capricorn) and make all sorts of predictions about
them (ie. cautious, good with money, ambitious).
Top-down approaches exist in Offender Profiling. Profilers have created TYPOLOGIES of
criminals. A typology is a set of clear and distinct categories or types, rather like the signs
of the Zodiac. When investigators arrive at a crime scene, they are looking for clues that
reveal what type of criminal was at work there. Sometimes the clues might point to more
than one type, so the investigators need to go for "best fit", choosing the type that best
fits the crime scene rather than looking for a perfect fit. Once the criminal type has been
identified, investigators can make predictions about whether the criminal will strike again,
and where, and who the victim might be - rather like an astrologer can tell you your lucky
Lottery number, to look for love on Tuesday and be prepared for a surprise at work on the
19th.
On the other hand, there are "bottom-up" approaches to all sorts of subjects. A bottom-up
approach makes no assumptions about the person or object you're dealing with. Instead, a
researcher will gather together all the information then build a logical description based on
that. If astrology is a "top-down" approach to fortune-telling, then a "bottom-up" approach
might be reading Tarot Cards: the fortune-teller gets you to draw a number of cards then
57
studies all their different meanings and puts them together to make a prediction about you,
who you're going to marry, how many children you're going to have, etc.
The "bottom-up" approach to Offender Profiling is popular in Britain and is championed by
David Canter, who runs the Centre for Investigative Psychology at Liverpool University.
Canter started out as an environmental psychologist, looking at how people's behaviour in
buildings stayed the same, even in emergencies like a fire. From this he developed his
CRIMINAL CONSISTENCY HYPOTHESIS, which states that an offender's behaviour
while committing a crime will be consistent with his behaviour in his everyday life.
Canter believes that “Criminals are performing actions that are direct reflections of the
sorts of transactions they have with other people.” Canter avoids typologies and
categorising offenders, arguing it is important to treat each offender as unique and
individual.
The type of approach used within profiling is dependent upon the situation and type of
crime to be solved, however it should be noted that both of these approaches to profiling
are not without flaws.
58
Subsection: Top Down Typology
An example of Top-down typology…
In 1980 Hazelwood and Douglas published their account of the ‘lust murderer’
whereby they outlined their theory that lust murderers can be categorised as
organised or disorganised.
An organised offender leads an ordered life and kills after some sort of critical life
event. Their actions are premeditated and planned, they are likely to bring weapons
and restraints to the scene. They are likely to be of average to high intelligence and
employed.
A disorganised offender is more likely to have committed the crime in a moment of
passion. There will be no evidence of premeditation and they are more likely to leave
evidence such as blood, semen, murder weapon etc. behind. This type of offender is
thought to be less socially competent and more likely to be unemployed.
Activity
Identify the type of offender for each of the scenarios below:
Scenario 1
Scenario 2
Police have arrived at a house where a
woman has been raped and killed. The
killer gained entry to the house by
posing as a prospective buyer for the
property, which was for sale. The killer
raped and carried out mutilation on
parts of the woman’s body whilst she
was still alive. The attack lasted 4
hours after which the woman bled to
death due to her injuries. There were
no weapons left at the scene or
forensic evidence (eg,, sperm).
Police have arrived at a house where a
woman has been strangled. The woman’s
ex-boyfriend was seen by neighbours
hanging around the property a week
before her murder. The suspect broke
a window to gain entry and cut
themselves whilst climbing through.
The cord used to strangle the woman
was left at the scene as the murderer
fled upon being disturbed by her
flatmate.
Type of offender:
_______________________
Type of offender:
__________________
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Background:
America, and in particular the FBI, are historically associated with using the Top-down
approach. In 1980 Hazelwood and Douglas published their account of the ‘lust murderer’
whereby they outlined their theory that lust murderers can be categorised as organised or
disorganised.
An organised offender leads an ordered life and kills after some sort of critical life event.
Their actions are premeditated and planned, they are likely to bring weapons and
restraints to the scene. They are likely to be of average to high intelligence and employed;
whereas a disorganised offender is more likely to have committed the crime in a moment
of passion. There will be no evidence of premeditation and they are more likely to leave
evidence such as blood, semen, murder weapon etc. behind. This type of offender is
thought to be less socially competent and more likely to be unemployed.
In 1992, Douglas added another typology called the “mixed” offender – this offender did
not fit either of the earlier typologies as this type offender may have an accomplice or the
offence may escalate into a different pattern.
Criticisms of the “Top-down” approach include the theory is based upon an opportunity
sample of 36 murderers in prison who volunteered to take part in unstructured interviews.
Also, no other tests were carried out upon this sample so low in reliability.
Aim:
Canter et al wanted to test the reliability of the top-down typologies by applying them to
100 cases.
Details:
A content analysis of 100 cases of serial killers from the USA in order to see if the
features hypothesised to belong to each typology would be consistently and distinctively
different. The cases came from published accounts of serial killers and were crosschecked with court reports and officers where possible. They had been collected over
several years by an independent researcher and were called the Missen Corpus. The third
crime committed by each serial killer was analysed using The Crime Classification Manual
(Douglas et al 1992) in order to determine the crime as being organised or disorganised.
Results:
Twice as many disorganised as organised crime-scenes were identified, suggesting that
disorganised offenders are more common or easier to identify.
Two behaviours in the organised typology that occurred at a level significantly above
chance (5%) were in 70% of cases where the body was concealed and in 75% of cases
where sexual activity occurred. Further analysis failed to reveal any significant
differences between organised and disorganised variables.
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Conclusions:
Canter concluded that instead of their being a distinction between two types of serial
murder, all of the crimes had to have an organised element to them, as we might expect
from the fact the killers were not caught after three killings!
The distinctions between serial killers may be a function of the different ways in which
they exhibit disorganised aspects of their activities. It would be better to look at
personality differences between offenders.
1. Differences between organized and disorganized
2. murder scenes and lust murderers based on Hazelwood et al:
3.
4.
Organized murder scene
Disorganized scene
Spontaneous
Victim — known by offender
Little control
Planned
Victim — targeted stranger
Control including restraints,
Sexual acts before death
controlled talk
Body not hidden or left at crime scene.
Aggression before death
Evidence present
Body hidden or moved from crime scene
Weapon and evidence absent
Organized murderer
Disorganized murderer
More-than-average lQ
Less-than-average IQ
Skilled occupation
Unskilled
Controlled mood
Uncontrolled
Living with partner
Living alone
Mobile — for example, car
Lives near crime
Socially competent
Socially incompetent
Sexually competent
Sexually incompetent
High birth order status
Low birth order status
Fathers work stable
Unstable
Inconsistent discipline as child
Harsh discipline as child
Use of alcohol during crime
Alcohol not used during crime
Follows crime on news
Does not follow crime on news
Limited change in behaviour after crime
Major behaviour change after crime
5. Source: FBI Law Enforcement Bulletin, 1985.
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Subsection: Bottom Up Approaches
Bottom up approaches
Canter is the UK’s foremost profiling expert.
His bottom-up approach looks for consistencies
in offenders’ behaviour during the crime.
These can be inferred from the crime scene or
from surviving victims’ accounts.
No initial assumptions are made about the
offender until a statistical analysis using correlational
techniques Smallest Space Analysis has been carried out on the details of
the cases. The approach relies heavily on
computer databases being accurate. It can be the
little details that are often overlooked that can be
crucial to the success of a case.
This approach to profiling can be considered more
objective and reliable that top-down typology
because they are always based on data analysis and
a theoretical basis of human behaviour.
Canter’s most famous case is that of the
‘Railway Rapist’ John Duffy, the third study
to be addressed within this topic.
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Canter & Heritage (1990) - Developments in offender profiling
Aim:
To identify a behaviour pattern from similarities between offences.
Details:
A content analysis was carried out on 66 sexual offences from various police forces committed by
27 offenders to find 33 offence variables that were clearly linked to a potential behaviour
characteristic, eg. variable 2 was “surprise attack”. It was possible to say “yes” or “no” to each
variable. A computer was used to work out the correlations between each aspect of the
crime and identify the key factors central to a sexual assault. This method is known as a
smallest-space analysis, because it presents the results visually, like a map with contours
on it, with the most common factors closer to the centre and less typical behaviours
appearing out at the edges
Results:
Five variables were found to be central to the 66 cases:
1. Vaginal Intercourse
2. No reaction to the victim
3. Impersonal Language
4. Surprise Attack
5. Victim’s clothing disturbed
This suggests a pattern of behaviour where the attack is impersonal and sudden and the victim’s
response is irrelevant to the offender.
Conclusions:
This has become known as the five factor theory. These five aspects have now been shown to
contribute to all sexual offences, but in different patterns for different individuals. An analysis
of these factors can enable Police to decide if an offence has been committed by the same
individual.
63
Subsection = Case Study
Canter - The case of John Duffy “The Railway Rapist”
In November 2000, John Duffy, who was serving life for the rape and murder
of several women, confessed to his prison psychologist that in fact he was
responsible for many more and that he had committed many of these acts with
an accomplice, David Mulcahy. He therefore testified in front of the jury at
Mulcahy’s trial, giving the evidence to “clear this conscience”.
Key terminology – GEOGRAPHICAL PROFILING
Geographic profiling is an information management system and investigative
methodology that evaluates the locations of connected serial crimes to determine the
most probable area of offender residence. It can be applied in cases of serial murder,
rape, arson, robbery and bombings.
An offender has to know about a particular geographical area before he or she begins
selecting crimes to commit; and where the offenders movement patterns intersect
within this geographical area, will to a large extent determine where the crime takes
place.
‘By establishing the probability of the offender residing in various areas and displaying
those results on a map, police efforts to apprehend criminals can be assisted. This
information allows police departments to focus their investigative efforts,
geographically prioritise suspects, and concentrate patrol efforts in those zones where
the criminal predator is likely to be active’. (Kim Rossmo)
For more details, go to http://www.all-about-forensic-psychology.com/geographicprofiling.html
Canter became involved in the case after reading an account in the London Evening
Standard in January 1986. The police were investigating 24 sexual assaults in London
over the previous four years. It was believed, because of the modus operandi of the
criminals that these assaults had all been carried out by the same man, although on
some occasions 2 men had been involved.
Canter, who was working in geographical psychology at the time, drew up a map of the
crimes to see if there was a pattern to the offences. This is one of the elements of
GEOGRAPHICAL PROFILING.
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Background:
In 1982 a woman (KJ) was raped near London's Hampstead station and dozens more were
attacked over the next 2 years. The police set up a workshop to find the perpetrators, called
Operation Hart. The press called the attacker "the Railway Rapist" but the nickname changed to
"Railway Killer" on December 29, 1985, when Alison Day was dragged off a train at Hackney
station and repeatedly raped. She was then strangled with a piece of string. In April, 15-year-old
Maartje Tamboezer was raped and murdered, then her body was set on fire. A month later, local
TV presenter Anne Locke was abducted and murdered after leaving a train in Brookmans Park,
Hertfordshire. The police investigation was getting nowhere, because although the surviving
women could give detailed accounts of the attacker's Modus Operandi (method of working), they
were uncertain about his height and appearance. Possibly they were distracted by the weapon
focus effect (Loftus et al, 1987).
Canter’s assumptions about the Railway Rapist were based on the following psychological
principles
- that people are influenced by one another’s actions, so any differences between
the attacks involving one man and those involving 2 might give up clues
- that people’s behaviour changes over time and that looking at the changes that
took place over the 4 year period could also provide clues as to the identity of the
offenders.
Canter believes strongly that a criminal’s crime life will be closely related to their
everyday life, so their criminal life would offer clues to their everyday life and again
offer clues to the identity of the criminal(s).
With the rapist turning to murder in December 1985 the police, at least those at
senior level, were keen to use “scientific procedures, methods, and theories as central to
their investigations rather than as an optional extra” (Canter, 1994).
Canter was invited to work with the metropolitan police to offer whatever assistance he
could in the case.
Aim:
To show successful application of a “bottom-up” approach of profiling to solving a crime.
Details:
In 1988 Canter was invited by the Metropolitan Police to draw a profile of the “Railway Rapist”.
Canter examined the details of each crime and built up a profile of the attacker's personality,
habits and traits.
The police and Canter started looking at the patterns in the rapist’s behaviour, e.g.
- What exactly was said to the victim before the assault?
- Were the victims’ clothes pulled off, torn or cut?
- What sorts of threats were made?
- What sort of sexual activity took place?
- How did the assailant deal with the victim after the assault?
The data were fed into a computer (an innovation at the time) looking at the consistencies
and changes in the attacks.
On the basis of all the information gathered, Canter drew up a 17-item profile of the
Railway Rapist. John Duffy matched on 13/17 of these items.
65
Using the "bottom-up" approach, Canter identified two significant themes in the attacks:
1. The attacker seemed prepared to try to relate to the victim - this suggests previous
relationships which were abusive
2. The minimum amount of force was used to dominate the victim - this suggests a weak, insecure
individual
He also studied the location of the crimes going back of 4 years, laying transparent acetate
sheets with the crime scenes marked on top of a map of the area surrounding London. This built
up a GEOGRAPHIC PROFILE which helped him pin down where the attacker lived because the
pattern suggested the killer was a MARAUDER who operated out of a home base.
Canter drew up a 17-item profile of the Railway Rapist. John Duffy matched on 13/17 of
these items.
Other features of the profile included: living in Kilburn or Cricklewood, married, no children,
marriage problems, loner, with few friends, physically small, feelings of unattractiveness, interest
in martial arts or body building, need to dominate women, fascination with weapons (especially
knives), fantasies about sex and violence, semi-skilled job, little contact with the public, aged 2030 years old.
Results:
One suspect, John Duffy, was 1505th on the police’s list of 2000 suspects with the right blood
group to be the attacker. He was on the police database because of a previous incident where he
had threatened his ex-wife at knifepoint. However, he fit the profile very closely: living in
Kilburn, married, and infertile, separated from his wife, only two male friends, 5’4” with acne,
member of a martial arts club, violent (had often attacked his wife), collector of martial arts
weapons, collector of hard core porn videos, trained as a British Rail carpenter, age 28 at the
time.
Because of Canter’s profile, Duffy was reinvestigated and convicted for two murders and five
rapes. Canter had predicted that the attacker would have a SIGNATURE - most likely he took
"souvenirs" from his victims. Duffy had a collection of 33 house keys taken from the women he
had raped and murdered.
Police suspected Duffy’s friend David Mulcahy to be his collaborator, but could not prove this.
Mulcahy, a married father-of-4, was eventually convicted in 2001, but based on DNA profiling and
Duffy’s own testimony in prison.
Conclusions:
This case study lends support to Canter’s “bottom-up approach” approach to profiling.
66
The 13/17 items of Canter’s profile of the Railway Rapist on which Duffy was matched:
Profile of Likely Offender
Match
Live in the Kilburn or Cricklewood area
Duffy lived in Kilburn
of London, the area where the first
three offences occurred
Be married, with no children
Duffy was married, and a low sperm count meant he was
infertile
Have marriage problems
Duffy and his wife were separated
Be a loner, with few friends
Duffy had only 2 male friends, one of whom was David
Mulcahy, his co-offender
Duffy was 5’4”, with acne
Be physically small, with feelings of
unattractiveness
Have an interest in martial arts or
body-building
Need to dominate women
Duffy was a violent man who had already raped his wife
Have fantasies about rape and bondage
Duffy liked tying his wife up before sex
Have a fascination for weapons,
especially swords and knives
Have fantasies about sex and violence
Duffy had many “Kung Fu” style weapons in his home
Keep souvenirs from crimes
Duffy had 33 door keys, each taken from a victim as a
souvenir
Duffy trained a carpenter with British Rail
Hold a semi skilled job with little
contact with the public
Be in the age range 20-30
Duffy spent much of his time at a marital arts club
Duffy collected hard-core porn videos
Duffy was 28 when arrested and had been a rapist for 4
years
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Summary: Creating a profile

Profiling has become more accepted in recent years as it has become more
methodical and statistically based. It is still just one of many techniques used to
solve crimes and is really only useful for particularly unusual or serial crimes.

Top-down typologies look for common patterns in murder scenes and categorise them
as organised or disorganised. From this decision, a series of behaviour patterns is
assumed which can be helpful in reducing lists of potential suspects.

Bottom-up approaches examine statistical correlations from clues found at the scene
with other, similar crimes. Other correlations are looked for in geographical location
and consistencies in behaviour patterns.

The case study of John Duffy illustrates the style of profiling adopted by David
Canter. This was his most successful attempt and gave hope that these techniques
would transform the search for suspects in murder cases.
68
MAKING A CASE
January 2010
1 (a) Describe the cognitive interview. (10)
(b) Discuss qualitative and quantitative approaches to collecting information when
interviewing witnesses. (15)
2 (a) Describe the bottom up approach to creating a profile. (10)
(b) Assess the reliability of offender profiling. (15)
June 2010
1 (a) Describe one piece of research into how lies can be detected when suspects
are interviewed. (10)
(b) Discuss the reliability of information gained from suspects in an interview. (15)
January 2011
1 (a) Describe one case study of offender profiling. (10)
(b) Compare different approaches to creating a profile. (15)
January 2012
1 (a) Outline techniques for interrogation of crime suspects. (10)
(b) How useful is research into interviewing crime suspects? (15)
June 2012
1. (a) Describe how top down typology is used to create a profile. (10)
(b)Assess the usefulness of qualitative and quantitative data when creating a
profile. (15)
January 2013
1 (a) Describe how researchers have used E-Fit to investigate face recognition.
(10)
(b)Assess the strengths and limitations of research into interviewing witnesses
to a crime. (15).
June 2014
1. Describe the use of the cognitive interview technique when interviewing
witnesses. (10)
2. Discuss the ecological validity of research into interviewing witnesses. (15)
Topic 3 – Reaching a verdict
This topic will consider how psychology can inform behaviour in the courtroom.
The courtroom is very important in the British Criminal Justice
system. Minor cases are dealt with by the local Magistrates Court, all
other cases are referred by the Magistrates to the Crown Court.
There is usually a Magistrates Court in each major town, eg. Keighley,
and a Crown Court in major cities, eg. Bradford and Leeds (although
both Bradford and Leeds have a Magistrates Court as well as a Crown
Court). Anyone has the right to watch a criminal trial, and you might
like to go to the local Magistrates Court to experience this. However,
be warned it is not like the TV and can be very boring!
The British Justice System was first enshrined in law by the Magna Carta. It is an
adversarial system, where two sides (the prosecution and the defence) argue the case
in front of judge and jury. A jury consists of 12 ordinary members of the public.
Everyone over 18 on the electoral right is eligible for jury service (normally two weeks),
except prisoners, ex-prisoners and those with mental illness. Jurors are only paid
expenses. On arrival at Court jurors are allocated randomly to courtrooms and take an
oath to try the defendant fairly. Both the prosecution and the defence have the right
to reject jurors if they think they could be biased. After the jury has listened to all
the evidence, the judge instructs them on procedures and verdicts and the jury retires
to reach a decision. A jury has to reach a majority decision.
Persuading a Jury
 Effect of Order Testimony
 Persuasion
 Effect of Evidence Being Ruled Inadmissible
Witness Appeal
 Attractiveness of the Defendant
 Witness Confidence
 Effect of Shields and Videotape on Children Giving Evidence
Reaching a Verdict
 Stages in Decision Making
 Majority Influences
 Minority Influences
Persuading a jury
The Theories/Studies
1. Effects of memory structure on judgement (Pennington & Hastie, 1988)
2. The Impact of Expert Psychological Testimony (Loftus, 1980)
3. Investigating the effect of instructions to disregard inadmissible
evidence (Pickel, 1995)
The main approaches in this area are Cognitive, Social and psychology of Individual
Differences. This is because this area looks at how memory can be influenced by the
order in which information is presented, whether juries’ verdict’s are influenced by
expert witnesses and how much weight juries give to evidence deemed as inadmissible
by the judge.
Subsection: Effects of Order of Testimony
The adversarial system is all about persuading a jury,
whichever side the counsel is representing. Psychologists
have known for a long time that how we receive information
affects how well we process and remember it.
The primacy effect is one such factor. This was investigated
by Murdoch.
Murdoch (1962) in a laboratory study using word lists
discovered an effect know as the Primacy effect, where
words at the beginning of a list were more likely to be recalled than those from the
middle or the end, hence the primacy effect. This might be something to do with our
arousal level at the start of a task, its novelty or how much effect we are using, but it
is a robust finding that translates into the courtroom where the jury are fresh and
interested at the start of a case where the opening statement is presented by the
prosecution. This would suggest that the prosecution had an advantage, as this
evidence is always given first.
However, later research by Glanzer & Cunitz (1966) discovered the primacy/recency
effect, where participants recall words from the beginning and end of a list, but forget
the middle. If we apply this to the courtoom, in real life although the defence closes
last, this is followed by the Judge’s summing up, which might wipe out any recency
effect for the defence. This would suggest that the most important pieces of
71
information are at the beginning of the trial (prosecution statement) and end (Judge’s
summing up).
Reconstructive memory theory suggests that people are inclined to “make sense” of any
material that we are presented with, and research suggests that in order to do this we
often try to fit the events into a linear narrative, or “story”, with a beginning a middle
and an end. In addition, we are likely to fit our “story” around our existing schemas of
what might or could have happened in the given situation. Imagine you are told:
“Billy went to Johnny’s birthday party. When all the children were
there, Johnny opened his presents. Later, they sang Happy Birthday
and Johnny blew out the candles.”
Was there a cake at the party?
Many listeners will infer spontaneously, and most will agree when asked, that there was
a cake at the birthday party. Yet, no cake is mentioned in the sentences above; indeed
it is not certain that there was a cake. The cake is inferred because we share
knowledge about birthday party traditions and about the physical world (the candles
had to be on something)… [Pennington and Hastie 1993).
Also, of interest is how counsel decide to structure their cases. Should they present
their case as a story unfolding in chronological order, or should they use the benefit
of the primacy and recency effects to present their best witness first or last even if this disrupts the order of events in the juror’s mind?
In light of the above, careful consideration must be given to the order in which
information is presented in court.
72
Effects of memory structure on judgement
(Pennington & Hastie, 1988)
Aims:
To investigate whether or not story order evidence summaries are true causes of the
final verdict decisions and the extent to which story order affects confidence in those
decisions.
Methodology:
A laboratory experiment
Participants:
130 students from Northwestern University and Chicago University were paid to
participate in an hour long experiment. They were allocated to one of four conditions in
roughly equal numbers: 39 prosecution items (guilty) in
story order
39 prosecution items (guilty) in
witness order
39 defence items (not guilty) in
story order
39 defence items (not guilty) in
witness order
Story order = Chronological order of events;
Witness order = Presenting best witness first/last
Procedure:
All participants listened to a tape recording of the stimulus trial (Commonwealth of
Massachusetts v Caldwell) and then responded to written questions. They were told to
reach either a guilty or not guilty verdict on a murder charge, and then asked to rate
their confidence in their own decision on a 5-point scale. They were separated by
partitions and did not interact with each other. In the story-order condition, evidence
was arranged in its natural order. In the witness-order condition, evidence items were
arranged in the order closest to the original trial. The defence items comprised 39
not-guilty pieces of evidence and the prosecution items, 39 guilty pieces of evidence
from the original case.
In all cases the stimulus trial began with the indictment and followed the normal
procedure, ending with the Judge’s instructions.
73
Results:
Table to show % of participants giving a guilty verdict
Experimental
condition
Defence
Prosecution
Guilty verdict
A
Story order
Story order
59%
B
Witness order
Witness order
63%
C
Story order
Witness order
31%
D
Witness order
Story order
78%
This shows that story order persuaded more jurors of Caldwell’s guilt in the prosecution
case. If the defence presented its evidence in witness order, even more jurors would
find a guilty verdict; if the positions were reversed and the defence had the benefit of
the story order, the guilty rate drops to 31%.
As predicted, the greatest level of confidence in their verdict was expressed by those
who heard the defence or prosecution in story order. Least confidence was expressed
by those who heard both witness order prosecution and defence.
Discussion:
Because the primacy and recency effect were controlled for, Pennington and Hastie are
confident that they have shown the persuasive effect of presenting information in
story order. In this case there is a difference in the defence case, which seems not to
be as persuasive as the prosecution case, even when presented as a story. Pennington
and Hastie account for this by referring to the case itself, in which they feel the
defence case is less plausible (the victim was drunk and lunged forwards onto his
assailant’s knife). The case was adapted from a real-life case.
Conclusion:
This shows that presenting the case in story order has a persuasive effect.
Furthermore, any other order can be confusing for the jury. In this study the effect in
the defence case was much smaller.
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Subsection = Persuasion
Loftus (1980) – Impact of Expert Psychological Testimony
Background: Eye witnesses are widely used in criminal trials to add scientific credence to
evidence, however from previous research by Loftus we know that eye witness testimony is
unreliable. Psychologists such as Loftus are called in as expert witnesses for the defence to
warn the jurors of possible problems with eye witness testimony. Explaining such factors as
weapons effect, delays in giving testimony, etc. overall the research would suggest that any
witnesses are likely to have an inaccurate or reconstructed version of the true events and
therefore the jury should treat their testimony with caution. However, expert testimony
does still have an impact on the decision the jury makes.
Aim: To investigate the influence on jurors of expert testimony about eye witness
identification.
Hypothesis 1:
That expert psychological testimony may have a greater influence on jurors attitudes to eyewitness testimony in violent crimes than non-violent crimes
Hypothesis 2:
That jurors exposed to expert testimony about eye witness testimony might pay more
attention to eyewitness accounts
Approach: Cognitive
Details:
A lab experiment using independent measures with a self-selected sample.
Exp 1: 240 students and Exp 2: 120 students at Uni of Washington who all volunteered to
participate in return for course credits.
Experiment1
240 students randomly assigned to 4 conditions in a lab, participants were given booklets
Containing: instructions, description of crime, a summary of the trial and a questionnaire
requesting a verdict.
CONDITION ONE
CONDITION TWO
CONDITION THREE CONDITION FOUR
 read expert
 no expert
 read expert
 no expert
psychological
psychological
psychological
psychological
testimony
testimony
testimony
testimony
introduced by the
introduced
introduced by the
introduced
defence
 read a violent
defence
 read a non-violent
 read a violent
version of the
 read a non-violent
version of the
version of the
crime
version of the
crime
crime
crime
Expert Testimony included factors such as presence of a weapon, stress and the fact that
witness had been drinking which could all interfere with accurate identification.
Results Experiment1: percentage of guilt verdicts
Expert psych testimony reduced the percentage of guilty verdicts from 58% to 39%.
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Fewer guilty verdicts in the non-violent compared to violent 41% to 56%
Expert testimony led to 12% reduction in guilty verdicts in the non-violent case opposed to
25% reduction of guilty verdicts in violent case.
Experiment 2:
120 participated in groups of 6 in a lab. All were given a booklet containing instructions,
description of crime, and a summary of the trial. This time however, they were in groups and
had to deliberate for 30 minutes then asked for group verdict. All had the violent versions
of the crime but only half the juries (groups) read the expert psychological testimony.
Observers, listened in adjoining room and timed amount spent discussing eye witness
testimony.
Results Experiment 2: percentage of guilt verdicts
 No expert testimony: 7 juries voted to convict, 2 to acquit and 1 failed to reach verdict
 With exert witness: 3 juries voted to convict, 4 to acquit and 3 failed to reach verdict.
Latter finding may be due to more time spent discussing eye witness testimony in these
groups. In presence of expert testimony the juries spent over 10 mins discussing EWT,
whereas in the absence of expert testimony they spent average of 7 mins.
Discussion
Expert testimony on EW identification influenced the jurors in 2 ways:
1. It promoted discussion of the eye witness evidence, and
2. Appeared to increase doubts of defendant’s guilt
As Loftus points out it is not the aim of the expert to reduce guilty verdicts but ensure that
jurors’ base decisions on the best possible understanding of the evidence in front of them.
Clearly the word of an expert is influential, as Loftus accepts if both sides bring their own
experts then it may lead to a battle of experts and as a result issues may be further
confused rather than clarified.
Subsection: Effect of evidence being ruled inadmissible
The law says that in order for evidence to be admissible in
That info is
court, its relevance must outweigh its potential for prejudice.
inadmissible!
Inadmissible evidence includes hearsay, past convictions and
evidence obtained by illegal means. If inadmissible evidence
is presented in error by a witness, the judge will direct the
jury to disregard what they have just heard. However, by
drawing their attention to it, it may be that the jury in fact
pays even more attention to it. This is know as reactance theory and suggests that
jurors perceive instructions to ignore evidence as undermining their freedom to take all
evidence into account.
Juries have to make their judgements on the basis of evidence that is “on the record”.
During a trial the proceedings are transcribed and this provides the “record” referred
to. However, for evidence to be admissible, i.e. for it to enter the record, it must not
be deemed to be prejudicial against the defendant.
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Inadmissible evidence includes evidence from a confession that turned out to be gained
under coercion, or gained illegally (e.g. through illegal recording , or a “wiretrap”), or
evidence of prior convictions (because the jury may assume that having once committed
a crime a defendant may be inclined to do it again), or hearsay evidence (second hand
evidence that the witness did not personally see or hear happening).
There are different rules about such evidence in the USA and in the UK.
In the UK since 2004 past conviction evidence and hearsay evidence have been
admissible if the judge permits it, and judges commonly do allow this.
If something major was introduced that would seriously prejudice the outcome, then
the jury would be dismissed and a re-trial ordered, and the offending counsel would be
severely disciplined.
Minor issues, however, that may be inadvertently revealed, may lead the judge to
instruct the jury to ignore it.
In the USA a counsel “dropping in” evidence, almost as a tactic to undermine/defend
the defendant (depending whether they are the defence or prosecuting counsel), is
common practice. In these cases the judge will order that the evidence be struck off
the record and that the jury should ignore it.
The trouble is can jurors really ignore something they have heard and ensure that it
does not influence their verdict?
Psychological studies have shown that by drawing their attention to inadmissible
evidence jurors may in fact pay MORE attention to it. In addition, if they are
instructed by the judge to pay no attention to it they may believe that they are being
undermined in their freedom to take all evidence into account and give more rather than
less importance to the “stricken” evidence. This is known as reactance theory. It is also
referred to as the “backfire effect” where the judge’s instruction to ignore the
evidence “backfires” and leads the juror to focus more rather than less on the
“inadmissible” evidence. This had been shown in studies to commonly happen where the
judge explained that the law required the jurors to ignore the evidence and that they
must not take it into account in their ruling.
Kerri Pickel (1995) carried out a study to investigate the effects of evidence being
ruled inadmissible under different conditions, including different instructions from the
judge:
Investigating the effect of instructions to disregard inadmissible
evidence (Pickel, 1995)
Aims:
1. To look at the effect of prior convictions.
2. To look at the role of the judge’s instructions when they were followed by a legal
explanation.
3. To examine how much the credibility of the witness affects the juror’s ability to
ignore inadmissible statements.
77
Methodology:
An experiment using a mock trial of a fictional theft with a mock jury. The critical
evidence was introduced ‘by accident’ by the witnesses. The item was objected to by
the attorney and then either allowed or overruled by the judge. In the former case,
when jurors were instructed to ignore the inadmissible evidence, this ruling by the
judge was sometimes supported by a legal explanation: that the inadmissible evidence
might be suggestive of bad character in the defendant and so bias the jury. Sometimes
no legal explanation was provided.
Participants:
236 Ball State University psychology students participated as part of a course
requirement. They were assigned randomly to one of the conditions in an independent
measures design.
Procedure:
To manipulate the role of the judge’s instructions, three conditions were tested, one
where the judge ruled the evidence as admissible, one where the judge ruled the
evidence inadmissible and a third where the judge ruled the evidence inadmissible and
also explained the legal basis for the ruling, there was also one control group.
The critical witness’ credibility was also manipulated to see whether it would affect the
jurors’ ability to ignore inadmissible evidence.
On arrival, participants listened to an audiotape of the trial and then completed a
questionnaire asking them to make several decisions about the case.
Participants were asked to complete a questionnaire which asked them:
a. their verdict
b. their estimate of the probable guilt of the defendant
c. a rating on a 1-10 scale of the extent to which knowledge of the prior
conviction caused them to believe that the defendant was guilty
d. to give a rating of the credibility of the witness
There was a control group who did not get the critical evidence.
Results:
Mock jurors who heard the evidence ruled inadmissible and who received no explanation
were able to follow instructions and ignore the evidence 43% guilty. Those who heard
the evidence ruled inadmissible and who were given the explanation were more likely to
find the defendant guilty 55%. More participants chose a guilty verdict when the
witness credibility was rated high rather than low. In addition there was no significant
effect on the use of prior conviction evidence as measured by the 10-point scale.
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Conclusions:
It would seem that calling attention to inadmissible evidence makes it more important
to the jury and they then pay it more attention. They apply their sense of fair play to
decide whether or not to make use of it, which can create the ‘backfire effect’. As long
as the tactic is available to both sides and administered impartially by the judge, it
could be a persuasive tool and is a minor matter.
Summary: Persuading a jury

The evidence about story order being more convincing is now well established and
can be applied to understanding any body of knowledge (it is usually easier to learn
your A2 studies if you think of them as stories unfolding in some kind of context).

The use of expert witnesses in the courtroom is increasing and psychologists are
being used to tell juries about the credibility of witness evidence. The research we
have looked at suggests that juries listen to the expert and remember what they
have been told, but may still choose to ignore it when coming to a verdict.

The research on evidence being ruled as inadmissible suggests that juries feel
confident in coming to verdicts irrespective of judges’ instructions. It would be
fascinating to be able to watch a real jury come to its verdict on a true case, but
this is never likely to happen and so we have to use mock trials and mock juries. This
creates many problems of generalisability and validity, which means we have to be
cautious in applying the results in real life.
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Witness Appeal
The Theories/Studies
1. The effects of physical attractiveness on jury verdicts (Castellow et al,
1990)
2. The effect of witness confidence on jurors’ assessment of eyewitness
evidence (Penrod & Cutler, 1987)
3. The impact of protective shields and videotape testimony on conviction
rates (Ross et al, 1994)
The main approaches in this area are Individual Differences, Social and Cognitive
Psychology. In particular, this area looks at research that suggests that the more
attractive a person is, the less likely they are to receive a harsh punishment within the
criminal justice system. Furthermore, the area delves into the research of witness
confidence and how this may influence the jury’s verdict. The last section of this area
addresses the impact of how different ways of giving evidence and their effect upon
verdicts.
Subsection = Attractiveness of the Defendant
Activity
Amanda Knox, Murder charge




Karen Matthews, kidnap charge
Which woman would you consider to be most attractive?
Which woman would you consider to be happier, nicer or friendlier?
Which woman would you consider to be scary, miserable and boring?
Both women are attending trial for their offences. Do you think that their
attractiveness will influence the jury’s view of them?
Much has been made of the attractiveness of witnesses and defendants in court. This
can be explained by psychological concepts such as impression formation, attribution
and the ‘halo effect’ described by Asch (1946) where a positive halo of pleasant
characteristics is imagined when one favourable characteristic is known about an
individual (the reverse is also true).
Another relevant theory is implicit personality theory as described by Dion in 1972
who hypothesised that the attractiveness stereotype attributed to beautiful people
included the supposition that they must have attractive personalities.
What this means is that a jury may make decisions about witnesses and defendants
based on their physical appearance, assuming that this relates to their personality,
colouring their view of the evidence. This is why defendants’ legal teams advise smart
dress and a neat and clean appearance for a day in course. One piece of research into
this effect was by Castellow in 1990.
The effects of physical attractiveness on jury verdicts (Castellow et
al, 1990)
Aims:
To test the hypothesis that an attractive defendant is less likely to be seen as guilty.
Secondly, when the victim is attractive, the defendant is more likely to be found guilty.
Finally, to look for any gender differences in jury verdicts depending on attractiveness.
Methodology:
A laboratory experiment using the mock-trial format. It used an independent measures
design.
Participants:
71 male and 74 female students who participated for extra credit in their introductory
psychology classes at East Carolina University.
Procedure:
Participants were told that they would be reading a sexual harassment case and would
have to answer questions on it. With the case were attached photographs of the victim
and defendant previously categorised as attractive or unattractive by a panel on a scale
of 1 to 9, where 9 was very attractive and 1 was very unattractive. The dependent
variable was measured by the answer to the question ‘Do you think Mr Radford is guilty
of sexual harassment?’ Towards the end of the case booklet they were given,
participants were asked to rate the defendant and the victim on 11 bipolar scales such
as dull-exciting, nervous-calm, warm-cold.
81
Results:
Analysis of the ratings revealed that physically attractive defendants and victims were
rated positively on other personality variables as well. When the defendant was
attractive, guilty verdicts were found 56% of the time against 76% for an unattractive
defendant. When the victim was attractive, the guilty verdict followed 77% of the
time with 55% for the unattractive victim. No significant gender differences were
found and both sexes were equally influenced by appearance.
Conclusion:
Although the findings come from a mock trial, when applied in the courtroom it seems
that appearance does indeed have a powerful effect, and this finding has been
supported by much other research. A defendant would be well advised to make the
best of their appearance when appearing in court.
Subsection = Witness Confidence
Activity
I am 100%
certain that
is the man
who robbed
me


I, er, I’m not sure
that is the man
who robbed me
as, er, it was dark
and, er, I didn’t
have my glasses
on
Which victim seems to be more confident of identifying the person who robbed
them?
Which victim do you think is likely to have their opinion taken into account when
deciding upon the verdict? Why?
One of the most convincing features of a witness is their confidence when giving
testimony. In a typical case, giving evidence in Court is a nerve-racking experience and
it would be completely understandable for witnesses to appear nervous and hesitate
when answering questions under examination with all eyes upon them. When a witness is
confident, the jury gain confidence in what they are saying and believe it to be more
accurate. However this confidence can come from a system variable (how the police
have conducted the earlier interviews and recording of evidence).
82
Penrod and Cutler (1995) in a review of available evidence concluded that a major
source of juror unreliability is reliance on witness confidence, even when measured at
the time identification is made, when it should be at its most accurate. Confidence
appears to be influenced by repeated questioning, briefings in anticipation of crossexamination and feedback about the behaviour of other witnesses (being told other
witnesses had identified the suspect). This reliance on confidence appears to be
unaffected by judges’ instructions and cross-examination.
The effect of witness confidence on jurors’ assessment of eyewitness
evidence (Penrod & Cutler, 1987)
Aim:
To examine several factors, including confidence, which jurors might consider when
evaluating eyewitness identification evidence.
Methodology:
An experiment using a mock-trial scenario. Independent measures design.
Participants:
Undergraduates, eligible and experienced jurors.
Procedure: - A videotaped trial of a robbery was presented in
which eye witness identification played a key role. The witness
testified that she was either 80 or 100% confident that she
had identified the robber. Nine other variables, all at both
high and low level, were introduced into the film, four of which
are reported below. Participants experienced either the high
or low condition variables on a random basis and after watching
the film they were asked to decide whether the robber was
guilty or not.
Results:
4 of 10 factors and levels
Suspect in disguise
High – heavily disguised
Low – minimal disguise
Weapon focus – a weapon is used
High – weapon clearly brandished
Low – weapon visible
% Conviction
63
63
64
63
As can be seen in this table,
witness confidence is the only
statistically significant effect
of these listed variables under
the conditions of the mock trial
(all the other six variables now
shown were virtually identical).
In a further 9 studies, Cutler et
al. looked at the relation
between confidence and
accuracy. The correlations
across the 9 studies between
the two variables were 0.00 to
83
0.20 which is very weak indeed.
Retention interval
14 days
2 days
63
63
Witness Confidence about ID
100% Confident
80% Confident
67
60
Conclusion: The evidence in the field is consistent in showing that confidence is a poor
predictor of witness accuracy. It also shows that jurors’ trust in it is undiminished,
even if the judge advises the jury to be wary of it in their summing up.
Subsection = Effect of shields and videotape on children giving evidence
In many cases involving sexual abuse, kidnapping or domestic violence a child is the only
witness. The experience of giving evidence in a courtroom is often traumatic for
children, so they have been able to give evidence from behind a screen, or from outside
the courtroom via a video link. It is hoped that by doing this, the psychological stress
will be diminished. However, from the defendant’s point of view, having the child give
evidence via video link may suggest increased likelihood of guilt to a jury by the
implication that the child needs protection from the defendant.
The study by Ross et al. (1994) attempts to find some empirical evidence to help decide
whether using a protective screen is prejudicial to the defendant and whether the use
of such measures enhances a witness’s credibility or makes them seem fragile and
unreliable. This is an important study in an area of vital research, as the number of
cases involving children continues to rise.
The impact of protective shields and videotape testimony on conviction
rates (Ross et al, 1994)
Aims:
1. To find out if the use of protective shields and videotaped testimony increases the
likelihood of a guilty verdict.
2. To investigate the effects of protective devices on jury reaction to testimony – do
the experience credibility inflation (more likely to believe) or deflation (less likely to
believe).
Methodology:
A mock trial based on an actual court transcript. A professional film crew recorded
actors playing the roles in the case. Three versions of the case were created. The
first was open court with the child in full view, the second had the child behind a 4 x 6
ft screen and in the third condition the child’s testimony came via a video link.
84
Participants:
300 college students (150 male, 150 female) from an introductory psychology class, the
majority were white and middle class. They were told it was a study of psychology and
the law. 100 students were assigned to each condition.
Procedure:
Participants watched one of the three versions of the 2-hour film of a court case of
alleged abuse which had the child’s father as the accused defendant, and the mother,
two expert witnesses, one for either side and the child herself taking part as
witnesses. The alleged abuse was a single touch while the father was giving the child a
bath and the case focused on whether or not it was innocent or sexual in nature. The
judge in the case read a warning before directing the jury not to imply guilt by their
use. After the case, the participants gave their verdicts and rated the credibility of
the child witness on various aspects of her story. They also rated the defendant on a
variety of dimensions of his credibility.
Results:
Guilty %
Not Guilty %
Open Court
51
49
Shield
46
54
Video
49
51
The guilty verdicts show no significant differences between conditions. However there
was a significant difference between male and female participants – 58.6% of females
against 38.6% of males found the defendant guilty.
The jury’s perception of the credibility of the defendant did not differ across the
three conditions, although once again there was a gender difference with more female
students rating the defendant as less credible than the males. The same pattern
emerged for the credibility of the witness, with no difference across the three
conditions and a very significant difference between genders where again the female
students rated the child as more credible.
Conclusion:
Before drawing the obvious conclusions from this study, it is worth looking at a followup research Ross et al. investigated. All remained the same as before, but this time the
tape was stopped immediately after the child testified. This time the results showed a
clear difference, with participants in the open court condition far more likely to convict
and this time the effect of gender was not significant. The effect on the credibility of
the witness was the same as before i.e. no significant difference between conditions.
The results of the two pieces of research suggest that the defendant is not more at
risk if protective devices are used, with the video condition slightly less likely to
produce a conviction. The biggest differences were found in the second experiment
85
where the trial was artificially interrupted to test the jury’s response. When a case is
allowed to run its full course and the judge’s warnings are in place there is no
disadvantage to the defendant, which raised a dilemma – what of the position of the
child witness?
Summary: Witness appeal

The effects of attractiveness and confidence are well researched and consistent,
and create a worrying problem for a defendant who is unattractive and hesitant.
Their legal counsel will do their best to prepare them for the courtroom experience,
but these people may be treated more harshly by the jury.

The issue of the use of shields is again a difficult issue in real life. The sight of a
young child giving evidence in a courtroom would be emotional for the jury as well as
the child, and it is thought better to protect the child from the experience. What
if this means that the child’s story is not properly heard? This is an ongoing dilemma
for the court and it will come down to individual judges’ discretion to ensure that
each case is heard in the pest possible way.
86
Reaching a verdict
The Theories/Studies
1. Stages and influences on decision-making (Hastie et al, 1983)
2. The power of majority influence and conformity (Asch, 1953)
3. Investigation of the influence of perceived autonomy on minority
influence (Nemeth and Wachtler, )
The main approaches in this area are Individual Differences, Social and Cognitive
Psychology.
At the end of a trial the jury return to the courtroom to give their verdict. How do
they reach that verdict? The problem for researchers is that juries are swore to
secrecy about their deliberations, which take place behind closed doors, even after the
trial, they are prohibited by law from discussing it. This means that researchers have
to rely on mock trials and reconstructions to investigate jury behaviour. Some of the
influences include size of the jury, cognitive processes, pre-trial publicity, ethnicity,
gender, individual differences, leadership and the social processes which influence
decision making such as majority and minority influence.
This final section on how juries reach a verdict will consider the psychological processes
that affect the jurors in the jury room. There is a lot of research into group processes
and social psychology which can be applied here. Reaching a verdict involves complex
processing of data, as shown in the next piece of research by Hastie et al (1983).
Subsection = Stages and Influences in Decision Making
Stages and influences on decision-making (Hastie et al, 1983)
Hastie et al carried out research in which mock-juries for a fictional murder trial were
used.
There were three conditions:
 P’s had to arrive at a 12-0 (unanimous) verdict
 P’s had to reach a 10-2 (majority) verdict
 P’s had to reach 8-4 (divided) verdict
All the groups were videotaped and Hastie el al observed how the discussions developed.
Based upon this research, Hastie et al argue that jury discussions go through the
following stages in order to make their decision/verdict:
Stages in jury decision-making
Orientation Period
 Relaxed & open discussion
 Set the agenda
 Raise questions and explore facts
 Different opinions arise
Open Confrontation
 Fierce debate
 Focus on detail
 Explore different interpretations
 Pressure on the minority to conform
 Support for the group decision is
established
Reconciliation
 Attempts to smooth over conflicts
 Tension released through humour
Influences in [Jury] Decision Making
Some of the influences include: cognitive processes such as belief in a “just world” or
attribution errors, pre-trial publicity, ethnicity, gender, witness confidence, use of
expert witness evidence, order of presentation of testimony etc. In the jury room
factors such as leadership and the social processes which influence decision making
such as majority and minority influence also have an impact on jury decision making. We
will discuss minority and majority influence below.
Minority vs Majority Influence
Minority influence is the result of INFORMATIONAL SOCIAL INFLUENCE- the
desire to be right. In contrast, majority influence might be due to public compliance
(NORMATIVE SOCIAL INFLUENCE) that is just passively going along with the
majority to fit in or it might be due to INFORMATIONAL SOCIAL INFLUENCE- the
desire to be right, thus acceptance of the majority view.
88
Subsection = Majority Influence
The power of majority influence and conformity (Asch, 1953)
Solomon Asch conducted a classic experiment on conformity to find out whether people
would still conform (comply) when the correct answer was obvious.
Aim:
The aim of this study was to find out how people would behave when given an
unambiguous (clear) task. Would they be influenced by the behaviour of others, or
would they stick firmly to what they knew to be right? How much conformity to
majority influence would there be?
Methodology:
A laboratory experiment
Participants:
In total, 123 American male undergraduates (students) were tested.
Procedure:
Asch showed a series of lines (the ‘standard’ or ‘stimulus’ line and the possible answers)
to participants seated around a table. They were asked ‘Which of three lines, A, B or C
matches the stimulus line X?’
X



A
B
C
This happened in groups of 7-9 participants
but only one was naïve (a real participant).
The others were stooges or confederates
(insiders) of the researcher.
Asch was
interested to see if even in a crystal-clear
decision, an individual would defer to the
majority.
The confederates were told to give the same
incorrect answer on 12 critical trials.
In total there were 18 trials with each
participant: In the first two trials,
confederates answered correctly, and then
16 more trials, in 12 critical trials the
confederates gave wrong answers and 4 more where confederates gave correct
answers.
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Findings:
The crucial measure was how often naïve participants gave the same wrong answer as
the confederates on the critical trials. This was a measure of conformity. Overall,
there was a 32% conformity rate. In other words, participants agreed with the wrong
answer on about a third of the critical trials. But there were important individual
differences. For example, no one conformed on all the critical trials, and about 25%
didn’t conform even once. About 75% conformed at least once. Participants appeared to
be experiencing a lot of stress through the experiment (e.g. nervous laughter,
fidgeting).
Just to confirm that the lines were unambiguous, Asch conducted a control trial with no
confederates giving wrong answers. Asch found that people do make mistakes about 1%
of the time.
Conclusion:
Because the answers on the critical trials were obviously incorrect, Asch’s study shows
the impact that a majority can have on an individual. It shows a surprisingly strong
tendency to conform to group pressure. However, the majority does not have the same
impact on every individual.
For Asch the important finding was that there was any conformity at all. However,
Asch also saw the fact that on two thirds of the trials his participants had remained
independent as clear evidence of how people could resist the pressure to conform.
Why did participants conform in Asch’s study?
Asch interviewed some of his participants and found that they tended to give one of
three reasons:
 Distortion of perception- they really did think their wrong answers were right
 Distortion of judgement- they felt doubt about the accuracy of their judgement
and therefore yielded to the majority view
 Distortion of action- they didn’t want to be ridiculed and therefore went along
with the group.
Those who didn’t conform said that either they were confident in their answer or they
thought that the majority was probably right but they still had to say what they saw.
The need to belong is thought to be part of the socialisation process, which particularly
influences those with poorer self-esteem who are insecure about their own worth and
opinions. It has been linked to a conformist style of personality and it would be this
type of person who would be one of the 32% who conform.
The need to be right arises when any ambiguous situation occurs and we look to other
people’s solutions to guide our own. Clearly in the Asch experiment we have an
unambiguous stimulus and so it is more likely that the need to belong is prevalent.
90
In a jury, the task is far more complex and an individual juror may be for more
influenced by the need to make the right decision and give the correct verdict for the
evidence.
Research with over 225 juries has shown that the majority guilty view (8 to 11 jurors)
expressed as a vote early in the deliberations led to a guilty verdict 86% of the time,
showing that the majority has the most powerful influence (Abbott and Batt, 1999).
There is some informal evidence to suggest that the first thing many juries do is take a
vote when they withdraw, as a starting point for their discussions. Obviously the
suggestion of this research is that conformity effects might be better resisted if the
vote was delayed until discussion about the evidence has taken place.
Subsection = Minority Influence
So far we have considered majority influence- the pressures on the minority to conform
to the views and behaviour of the majority. However, what about the minority
influencing the majority?
Minority influence occurs when a minority rejects the established norm of the
majority of group members and gets the majority to move to the position of the
minority.
Minority influence is the result of INFORMATIONAL SOCIAL INFLUENCE- the
desire to be right. In contrast, majority influence might be due to public compliance
(NORMATIVE SOCIAL INFLUENCE) that is just passively going along with the
majority to fit in or it might be due to INFORMATIONAL SOCIAL INFLUENCE- the
desire to be right, thus acceptance of the majority view.
Moscovici (1969) carried out a set of experiments to test the minority influence. He
got groups of six participants (four naive, two stooges) to make colour perception
judgements about a series of slides which were all blue. He set up the conditions:
Condition 1
Stooges all
said slides
were green
Condition 2
2/3 stooges
said slides
were green
Condition 3
Stooges were
inconsistent
in slide colours
The results of his study showed that there was 32%
conformity only in condition 1.
Moscovici’s experiment suggests that minorities can influence majorities as long as they
are consistent in their views and that this consistency will create conflict in the others,
leading them to question and possibly change their views.
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Why is consistency important? According to Moscovici when the minority are
consistent they speak with a single voice and give the impression they are convinced
they are right. As a result they appear confident and thus are taken seriously by the
majority. Thus, minority influence is based on informational social influence- providing
the majority with new ideas that cause them to re-examine their views.
In the following study, the concepts of autonomy or internal locus is combined with
consistency to find its effect on minority influence.
Investigation of the influence of perceived autonomy on minority
influence (Nemeth and Wachtler,
)
Aim:
To investigate the influence of perceived autonomy (choosing where to sit at a table)
and consistency on minority influence.
Methodology:
A laboratory experiment as a mock trial.
Participants:
Groups of five participants (one is a stooge) drawn from an adult sample of students
Procedure:
The group of five has to deliberate on the amount of compensation due for a victim of
an injury. After hearing the facts, everyone makes an individual verdict and is then
taken to another room where there is a rectangular table with two seats at either of
the long sides of the table and one at the head of the table.
 Condition 1: In half the groups the participants are asked to sit at the table with
the confederate/stooge choosing the seat at the head or the top of the table.
 Condition 2: In the other groups the experimenter tells everyone where to sit
(including the confederate/stooge).
Both groups then deliberate on the case. During the discussion, the confederate
consistently adopts a deviant position, suggesting a figure of $3,000 in compensation
instead of $10,000-$25,000 which was the view of the rest.
Results:
The confederate exerts influence when he is consistent and when he is perceived as
autonomous because he has chosen his seat, whereas when seated by the experimenter
he has little influence (measured by the difference between the original individual
verdicts and the later group ones). Moreover, when he has been influential, this effect
continues into a second case. When he sits at the head of the table is seen as more
consistent and confident.
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Discussion:
This has interesting repercussions for the jury room where people sit around a long
table. Could the effect be replicated in the classroom? Many examples exist where
minorities have influenced the majority into adopting their views by being consistent
over time, for example gay civil partnerships (homosexuality used to be considered a
mental illness), belief in global warming (this was originally an extreme view held by a
few scientist), and cult music groups or programmes which become mainstream.
However, it is possible that in the jury room in real life this effect is weakened by the
need for unanimity in a limited time.
Summary: Reaching a verdict
Once out in the jury room, many influences come into play in reaching a verdict and only
a few have been covered in this section. Majority and minority influence are probably
the best known, but there is much more research on decision-making which can be
applied here.
93
REACHING A VERDICT
June 2010
1. Describe how attractiveness of a defendant can influence courtroom behaviour. (10)
2. Evaluate the methodology used in witness appeal. (15)
January 2011
1. What is the effect on a jury of evidence being ruled inadmissible in court? (10)
2. Evaluate the usefulness of research into persuading a jury. (15)
June 2011
1. How might the view of the majority influence a jury when reaching a verdict? (10)
2. Evaluate the application of research into what influences reaching a verdict in court. (15)
1. What effect does the order in which testimony if presented have on persuading a jury?
(10)
2. Discuss the limitations of research into persuading a jury. (15)
January 2012
1. Describe research into the effect of shields and videotape on children giving evidence.
(10)
2. Discuss difficulties which may be encountered when researching witness appeal. (15)
June 2012
1. Describe the stages of jury decision-making when reaching a verdict. (10)
2. Discuss ethical issues when researching influences on reaching a verdict in court. (15)
January 2013
1. Describe how persuasion may be used in a courtroom. (10)
2. To what extent is research into persuading a jury useful? (15)
June 2013
1. Describe research into the effect of witness confidence in the courtroom. (10)
2. Assess the usefulness of research into witness appeal in the courtroom. (15)
94
Topic 4 – After a Guilty Verdict
1. Imprisonment
 Planned behaviours once freed from jail
 Depression/ suicide risk
 The prison situation and roles
2. Alternatives to imprisonment
 Probation
 Restorative justice
 ‘Looking Death worthy’
3. Treatment programmes
 Cognitive skill programmes
 Anger management
 Using ear acupuncture with a drug rehabilitation programme
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Topic 4 – After a guilty verdict
Once a guilty verdict has been announced the defendant becomes part of the penal
system and is an offender. Depending on the severity of the crime and whether or not
this is a first offence, the offender will be sentenced to a punishment. This could be
community service, being tagged, an ASBO (anti-social behaviour order), a fine, a
probation order or a prison sentence.
Psychologists have been interested in whether any of these punishments work and if so
which are most effective. Effectiveness is measured by looking at recidivism rates, this
means re-offending rates. The penal system has two aims, first to punish and second to
rehabilitate the offender. These two often come into conflict in the public mind,
especially when a particularly offensive crime has been committed. It is hard for the
victim’s relatives and the public generally to see criminals getting help and support
which is costly when the victim generally gets nothing or may have lost their life. The
idea of rehabilitation is that offenders who are safe to let out into the community can
become useful citizens who contribute to society through working and paying taxes,
instead of being a drain on resources. If the punishment and rehabilitation has been
successful the offender should not reoffend.
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Theories of Imprisonment
The Theories/Studies
1. The impact of community-based employment on offender reintegration
(Gillis, 2005)
2. Depression/Suicide Risk in Jail: Palmer and Connelly
3. The Prison Situation and Roles (Haney,Banks & Zimbardo, 1973)
The main approaches within this area are Individual Differences, Social and Cognitive
psychology. This is because all of these factors will influence the thoughts, feelings and
behaviours of the offenders once remanded within the prison institution.
In the summer of 2007 the UK prison population reached an all time
high of 81,000, despite having an official capacity of only 78,000,
leading to serious overcrowding.
What are the implications of this?
In order for prison to work, prisoners must be educated and made more employable, to
ensure they are more likely to remain out of prison and instead contribute to society.
Otherwise, prisons become simply ‘Universities of crime’.
The Prison Reform Trust (2007) has found that many prisoners have not reached the
levels of literacy and numeracy expected of average 11 year old; 50% in reading, 66% in
numeracy and 80% in reading. 50% do not have the skills required by 96% of all jobs
and 50% have been excluded from school. These statistics make prisoners, along with
their criminal records, virtually unemployable without successful educational
intervention within the prison system.
Many people are critical of the parole system (the fact that prisoners are often
released early and rarely serve their full sentence); however, this is an important
incentive, crucial to the smooth operation of the prison system. Applications for parole
are allowed after a minimum term (set by the judge) has been served. Success will
depend on the nature of the offence, the judge’s comments on sentencing and crucially
the inmate’s behaviour in prison. This gives the prisoner an incentive to behave and
comply with prison rules, without this incentive many inmates would be unmanageable.
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Subsection = Planned behaviours once freed from jail
The theory of planned behaviour applied to an offender’s likelihood of
‘going straight’ Azjen (1988)
Attitude to
‘going
straight’
Subjective
norm
‘Crime is
not normal’
Intention
(not to
reoffend)
Behaviour
(staying out
of prison)
Perceived
behavioural
control
Azjen’s theory is that a prisoner’s positive intention to stay out of prison is key to
success. This intention will be influenced by the prisoner’s personality, their beliefs
about the value of their life outside of prison and their sense of control over their
destiny. In reality it is not that easy.
The impact of community-based employment on offender reintegration
(Gillis & Nafekh, 2005)
Aim:
To investigate the effect on recidivism rates of a community-based employment
scheme.
Procedure:
A content analysis of data from Canada’s Offender Management System was completed
on 23,525 individuals released between January 1998 and January 2005 (95% were
male). A matched pairs design was used were offenders were matched for gender, risk
98
level, release year, sentence length, family/marital relations, substance abuse,
emotional orientation, community functioning and attitudes. The two groups that were
compared on outcomes were those employed prior to release on a special programme for
offenders and those that were unemployed. The programme focused on job-search
techniques, individual psychometric assessments and on-the-job placements.
Findings:
Those on the employment programme were more likely to remain on conditional release
(ie. not sent back to prison) and less likely to return to custody with a new offence. At
the end of the study period 70% of the employed group remained out of prison,
compared to just 55% of the unemployed group. Median return time (to jail) was also
longer for the employed group (37 months, compared to 11 months).
Conclusions:
Employment-based programmes play an important role in the last few months of an
offender’s sentence, giving them some of the skills they need and helping them to
integrate into the community. Furthermore, by planning the offender’s return to the
community addresses some of the points raised in Azjen’s model and increases the
likelihood of success.
Subsection = Depression/suicide risk in prison
According to the Howard League for Penal Reform there were 92 unnatural deaths
in prisons in 2007, with a further 100 resuscitated. At any one time there are 1500
prisoners on suicide watch. Hanging is the most likely form of suicide in prison, although
great care is taken to prevent it.
The suicide rate in the prison population is about four times that of the suicide rate in
the general population.
In addition to recorded suicides are other unnatural deaths, including deaths by
“consciously self-inflicted injury” (CSI), and if these are added to official statistics
the suicide rates in prisons would be much higher. Dr Enda Dooley describes one such
case in his (1990) study (see below)
Why?





Lonely
Uncertainty
Isolation from family
Fear
Overcrowding
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Subsection = The Prison Situation and Role
You will remember studying Reicher and Haslam in Year 12 and discussing the infamous
Stanford Prison Experiment (SPE) by Haney, Banks and Zimbardo (1973).
In this study the behaviour of the prisoners and guards resembled that of real
prisoners and guards in real prisons and this led the researchers to conclude that the
reason for this was that the brutal set up of the prison situation impacted on the
participants:
"Despite the fact that guards and prisoners were essentially free to engage
in any form of interaction . . . the characteristic nature of their encounters tended to
be negative, hostile, affrontive and dehumanising" (Haney et al., 1973)
The researchers concluded that the level of brutality and distress they observed was
caused by the situation and did not result from the nature of the individuals who took
part (remember they selected conforming, normal, average middle-class students to
take part in their study. It had to be stopped on day 6 because of the distress of the
“prisoners” under the “guards” cruel regime)
Zimbardo et al had hoped that the SPE would lead to an improvement in the American
Penal system and the treatment of prisoners.
Politically, there was a will to move towards alternatives to prison, no prisons were being
built and the prevailing belief of The Supreme Court was that humane prisons are a sign
of a cultured society. There was a belief that (at the time) prisons were too harsh and
there was not enough focus on rehabilitation.
It is worth noting here that American jails remain much tougher than UK prisons. And,
of course, many states still have the death penalty.
In their paper Zimbardo et al summarise the changes that actually happened from
1973-1998 and make “a series of reform-oriented proposals drawn from [the SPE] and
related studies on the power of social situations and institutional settings that can be
applied to the current crisis in American corrections” (Haney and Zimbardo, Page 1)
Haney & Zimbardo (1998)
– The Past and Future of U.S. Prison Policy Twenty-Five Years After the
Stanford Prison Experiment
Part One – Summarising changes over the last 25 years
Haney and Zimbardo cite the following changes to the American penal system since the
SPE –they refer to these as:
“groundwork for the mean season of corrections that the nation has now entered… The
criminal justice system not only has become increasingly harsh and punitive but also has
obscured many of the psychological insights on which the SPE and
numerous other empirical studies were based–insights about the power of social
situations and contexts to influence and control behaviour”.

President Ronald Reagan’s Republican ‘War on Drugs’ (1980s) led to political
pressure to put more criminals behind bars.

The concept of rehabilitation was discredited – criminals deserved punishment.
Haney and Zimbardo refer to this as the “death of rehabilitation”

Determinate sentencing was introduced – whatever sentence was given had to be
served in full with no chance for parole

Many new prisons were consequently built, USA imprisons more people than any
other modern nation (2008 prison population = 2 million). The building rate has
never kept up with demand and Haney and Zimbardo note that for the last 25
years the prison system has been considerd to be “in crisis”

Racial bias in prison population 48% African-Caribbean men although they only
represent 6% of the general population. Many for drug offences. Hispanics and
women were also over represented compared with white men.

Introduction of the ‘Supermax’ prisons : example of a ‘Supermax’ cell.
The Supermax cell is designed for ultra-secure, long term segregated
confinement and the offender lives in extreme isolation and with little
102
stimulation and reduced privileges. They are locked in 23 out of 24 hours. These
cells are used to house “violent or disruptive” prisoners in free standing cell
blocks in isolation from the other prisoners. In 1998 36 states already had
Supermax units and work was underway to increase capacity by 25%.
Haney and Zimbardo argue that the USA is perpetuating discrimination against
black people and encouraging dispositional explanations of criminal behaviour.
The ‘Supermax’ cell is another example of a dispositional explanation being used
to categorise some prisoners as ‘problem prisoners’. The implication is that
nothing can be done with or for these “violent” types – and consequently they are
often “ineligible for prison jobs, vocational training programs, and, in many states,
education” (p.8).
[Key term – Dispositional Explanations:
A dispositional explanation sees the cause of criminal behaviour as being entirely due to
an individual’s personality, rather than considering the effect on them of the
environment, which would be a situational explanation].

Finally, The Supreme Court had shown an unsympathetic stance on appeals from
prisoners who used the Eight Amendment, which states that “no cruel and unusual
punishments” should be imposed on a U.S. citizen, thus setting a punitive tone
which reflected current attitudes to crime.
Part Two – Suggestions for Improvements, using lessons learned from the SPE and
other psychological studies
1) Prisons should be used sparingly as they are psychologically damaging: resources
should be directed into alternatives to prison.
2) Taking a lesson from the SPE where psychologically healthy young men were
affected by the prison, prisons should take account of individual differences, in
particular how a person is likely to react to confinement in a crowded, violent
environment.
3) The conditions that exist when someone comes out of prison are as important as
those on the inside. Rehabilitation programmes are needed to teach prisoners the
skills to cope once they are released. “Otherwise, prisoners who were illprepared for job and social situations before they entered prison become more
so over time, and the longer they have been imprisoned, the more likely it is that
rapid technological and social change will have dramatically transformed the
world to which they return.” Haney and Zimbardo p.13). Rehabilitation is
necessary to reduce recidivism rates.
4) Both the SPE and Milgram’s obedience studies showed how difficult it is to
predict or even explain behaviour in terms of individual characteristics, so in
prison, explanations of disciplinary infractions and violence should focus more on
the context in which they happened and less on the prisoners who engaged in
103
them. In addition, predicting reoffenders would be best done by considering the
context in which they will be placed rather than their individual characteristics
5) Haney and Zimbardo acknowledge that they got caught up in the SPE and lost
their balanced perspective as objective experimenters. Therefore they suggest
that reform needs to come from people outside of the prison system who are
empowered to act on it, since those within the system are not impartial… “to
depend exclusively on those whose perspectives have been created and
maintained by these powerful situations to, in turn, transform or control them is
shortsighted and psychologically naive. This task must fall to those with a
different logic and point of view, independent of and free from the forces of the
situation itself. To be sure, the current legal retreat to hands-off policies in
which the courts defer to the presumably greater expertise of correctional
officials ignores the potency of prison settings to alter the judgments of those
charged with the responsibility of running them. The SPE and much other
research on these powerful environments teach that this retreat is terribly illadvised.” (Haney and Zimbardo, p. 15)
Psychological knowledge should be used to improve the conditions within prisons.
“…psychology can be made relevant to the broad and pressing national problems of crime
and justice, that the discipline can assist in stimulating badly needed social and legal
change, and that scholars and practitioners can improve these policies with sound data
and creative ideas” Haney and Zimbardo, p16.
104
Summary: Imprisonment

This section has perhaps presented a depressing picture of the penal system. We
have seen that despite much effort and real commitment by researchers and prison
staff, re-conviction rates after imprisonment stubbornly remain at around 60%.

The picture in the USA is one of a movement to a more extreme regime which at
present prioritises containment and control above rehabilitation.

Overcrowding has led to more suicides and deaths both in the USA and in the UK,
increasing the stress on prisoners and staff.

Prison can have negative psychological effects upon those incarcerated.

Prison and treatment programmes have to be seen within the legal and political
frameworks of the country in which they exist
Alternatives to Imprisonment
The Theories/Studies
1.
Investigation of the experiences of offenders on probation orders
(Mair & May, 1997)
2.
Review of restorative justice and its effectiveness in preventing reoffending (Sherman & Strang, 2007)
3.
Investigation of the relation between stereotypically black features
in offenders and the likelihood of receiving the death sentence
(Eberhardt et al, 2006)
The main approaches within this area are Individual Differences, Social, Cognitive and
Physiological Psychology. This is because this section focuses upon the factors that can
influence the success of alternatives to imprisonment in order to reduce crime.
Subsection = Probation
[Key term: probation order (or “community rehabilitation order”, as it is now known
in the UK) =
In 1896 the temperance society of the Church of England started the probation service
by giving alcoholics a gift of 5 shillings to help them reform. At that time alcohol was
seen as the ‘root of all evil’. The recipients of the gift had to sign the pledge (to give
up alcohol) and follow the teachings of the bible to keep them away from temptation
and crime.
The modern probation service supervises over 200,000 offenders on four main types of
community sentences:




Community rehabilitation orders
Community punishment orders
Combined orders (rehabilitation & punishment)
Drug treatment and testing orders
Approximately 90% are male and 25% aged between 16-20 years old. 70% of clients
are on community sentences, the remaining 30% are on licence after being released
early from prison sentences. Any breach of probation is taken very seriously and can
lead to a custodial sentence.
106
Probation Order
You Must
Stay our of trouble
Immediately report any change of
address or phone number
Be on time for appointments
Let staff visit your home
You Must Not
Miss an appointment or be late
Turn up under the influence of
alcohol or drugs
Upset or threaten people
Make racist, sexist or other
offensive remarks
Keep to court requirements
Keep to your licence if you have
been released from prison
Take part in any activities your
probation officer asks you to
Investigation of the experiences of offenders on probation orders (Mair
& May, 1997)
Aim:
To investigate the experience of offenders on probation orders across England & Wales
Procedure:
3299 offenders were chosen at random from 22 different probation offices, these
represented all age groups and offences. There was a 40% drop out rate, with a
disproportionate number of these coming from London. Interviews were conducted by
independent researchers, questions were mainly closed, likert scale and multiple choice.
Results:
88% felt probation was useful. 60% thought there probation officer would help them
individually. Having someone independent to talk to seems to be the most useful
function of the probation officer, and the topics discussed included: things to do,
problems with accommodation, problems with money, employment, family problems, why
they committed the offence, drugs and alcohol problems an their health generally.
However, only 37% said probation would stop them re-offending.
Conclusion:
Probation is seen as useful by offenders. However, over a third on offenders went on
to re-offend. Other factors need to be considered such as socio-economic status,
unemployment, family, peers etc
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Subsection = Restorative Justice
Historically, the offender is seen as having committed a crime against the state, eg.
Smith Vs Regina (Lawsuits are give the name of the defendant and the Queen).
However, crimes have victims and victims often feel that their experiences and
expectations are not taken into account by the justice system. Restorative justice
aims to redress this balance, crime is seen as being against a person or organisation and
victims are allowed to be part of what happens.
Restorative justice has to be voluntary for all parties and seeks a positive outcome. It
is respectful and not degrading for either offender or victim.
Restorative justice aims to provide victims with:
 An opportunity to explain the impact of the crime (impact statements)
 An acknowledgement of the harm caused
 A chance to ask questions
 Some control and choice
 Peace of mind about the future.
Restorative justice has a long history, although in the past it was often
more about revenge and compensation. Sharia law (Muslim law) which is
based on the Koran is dispensed by elders who decided on the amount of
compensation a victim or victim’s family is entitled to. They suggest that
this system works better than the UK system as, “Here you have the
fullest prisons in the world because you feed the criminals and they
become fatter and do the crimes again”, "Our experience may be
something we can offer to this country's penal system."
Restorative justice is tough both for victims and offenders. For offenders they have
to face up to the consequences of their actions, but for victims they may be forced to
relive frightening and upsetting experiences.
There are 4 types of RJ:




Victim Offender Mediation
Group Conferencing
Restorative Conferencing
Indirect Mediation/Reparation
108
Review of restorative justice and its effectiveness
in preventing reoffending (Sherman & Strang, 2007)
Aim:
To look at restorative justice in practice and measure its effectiveness in terms of reoffending.
Procedure:
A content analysis was carried out on 424 academics papers on restorative justice
(secondary data). From these 36 studies were found that compared re-offending rates
for those who were part of restorative justice programmes and those that were not.
Results:
Restorative justice is more effective when there is a personal victim and tends to work
for violence and property crime. However, restorative justice is not effective in all
cases. The clearest benefits are for the victim, it reducing post traumatic shock
syndrome and helps them come to terms with the crime.
Conclusion:
There is strong evidence to suggest that restorative justice is effective in some cases.
There is support for its increased use, especially with young, first time offenders.
Subsection = ‘Looking Death Worthy’
Eberhardt et al (2006) suggest that in the USA the more stereotypically ‘Black’ your
features are the more likely you are to be given a death sentence for your crime. This
may seem an alarming idea, but think back to early theories by Lombroso which
suggested that criminal shared certain physical characteristics. It is a fact that the
Criminal justice system is dominated by white people and that many of the states which
still have the death penalty are Southern states where discrimination and prejudice
were historically worse.
Investigation of the relation between stereotypically black features in
offenders and the likelihood of receiving the death sentence
(Eberhardt, 2006)
Aim:
To investigate whether there was support for the hypothesis that black offenders with
stereotypically black features were more likely to get the death sentence than white
offenders.
109
Procedure:
An analysis of the database of death-eligible cases in Philadelphia between 1979 and
1999. In 44 cases a Black man had killed a white victim. Black and white photographs
of these 44 were shown to naïve raters (one at a time for 4 seconds each) who were
asked to rate their facial features for stereotypical Black features between 1-11, 11
was very stereotypical. The 51 raters from Stanford University included 32 white, 15
Asian and four of other ethnicities.
Results:
It was found that the most stereotypically Black defenders were 57.5% more likely to
receive the death penalty, than the less stereotypical defendants at 24.4%. In a
second study where the victim was also Black, no significant effect was found,
suggesting Black victims are seen as less important.
Conclusion:
This suggests that stereotypically looking Black men are seen as some how more ‘Death
Worthy’.
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Summary: Alternatives to prison

Probation offers a chance to integrate back into society if it happens as
intended. Unfortunately, pressures on the system mean that insufficient time is
spent with offenders pre- and post-release and so the offenders often slip back into
their old patterns of behaviour.

Courses of significant treatment are not usually available to short-term prisoners
because there is not much time for impact. There are sometimes indications in presentencing reports that a longer sentence will mean that a prisoner will get some
appropriate and effective treatment.

Prisoners must consent to drug and alcohol rehabilitation orders because these
come under the category of medical treatment. They are not good at coming to
weekly blood tests an there is a high attrition rate on these programmes.

A positive note comes from the research on restorative justice, which seems in
the right cases to offer victims of crime a way to come to terms with what has
happened to them and to increase an offender’s awareness of their personal
responsibilities.

Being black is still likely to create negative stereotypical responses from the
largely white members of the jurisdiction in the USA, leading to stiffer sentences
and a greater likelihood of the death sentence.
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Theories of Treatment programmes
The Theories/Studies
1.
Impact of cognitive skills programmes in reducing re-conviction
(Cann, 2006)
2.
Investigation into whether anger-management courses work (Ireland,
2000)
3.
Use of acupuncture to treat drug addiction in prisoners (Wheatley,
2007)
The main approaches within this area are Individual Differences, Cognitive, Social and
Physiological Psychology. This is because this section focuses upon how these factors
can increase/reduce the success of treatment programmes for offenders.
The recidivism rate in the UK is approximately 64%. In order to
break the ‘revolving door’ phenomenon of repeat offending effective
treatment and rehabilitation programmes are needed. It is clear
that at present these are too few and ineffective. Unfortunately,
spending money on prisoners is not seen as a priority by governments
and tax payers. But, this is short-sighted; breaking the cycle of reoffending is a major step towards reducing crime.
Subsection = Cognitive Skills programmes
Psychologists believe that one way to stop the cycle is to break
down the faulty patterns which they believe underlie criminal
behaviour. Before a criminal act can occur, it must be preceded
by a criminal thought. Therefore, changing the way offenders
think can prevent re-offending. This idea is the rationale behind
cognitive behavioural therapy (CBT), in other words if you change
the way a person thinks you will change the way they act.
When I get out,
I’ll just do one
more big job
Friendship (2002) reported that re-offending rates for prisoners who received CBT
were 14% lower than those who had not. However, a later study by Falshaw &
Friendship (2003) failed to find a significant difference.
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A major issue is that in order for CBT to be effective it must be well delivered by
competent therapists and the prisoners must have a reasonably high IQ (at least 80),
good literacy skills and be highly motivated.
Cognitive skills programmes were first introduced in England and Wales in 1992, when
two programmes were introduced:
 Reasoning and Rehabilitation (R & R) – the aim was to develop prisoners’ cognitive
skills, targeting thinking style; self control or impulsivity; interpersonal problemsolving; critical reasoning; moral reasoning; social perspective training. The
programme was made up of 36 sessions each of 2.5hrs, with assignments for
prisoners to do between the sessions and after the programme was complete.
This was designed in North America for use with prisoners at high risk of
reoffending.
Those on the programme had served sentences of varying lengths, from a few
months to over 4 years, and had to have basic literacy skills and an IQ of at least
80 to qualify for inclusion on the programme.
To study the effectiveness of the programme prisoners were classified into 4
different risk of reoffending categories: low risk, moderate low risk, moderate
high risk and high risk. They were also categorised in terms of the reason for
their sentence: violent, sexual, acquisitive or “other”. After a Home office review
R & R was discontinued in England and Wales in 2004.
 Enhanced Thinking Skills (ETS) - ETS is a relatively short programme (20
sessions), similar to R&R, which addresses thinking and behaviour associated with
offending. This includes impulse control, flexible thinking, social perspective
taking, values/moral reasoning, reasoning, and inter-personal problem solving. It
was designed for the prison population in England and Wales who are at medium
to high risk of reoffending and is currently the programme most frequently
delivered, with over 40,000 offenders having completed this course within HMPS
over the past 12 years
Do Cognitive Skills programmes work?
In terms of the effectiveness of cognitive skills programmes, the two major studies of
their effectiveness came up with conflicting results. The first of these, by Caroline
Friendship and colleagues, was published in 2003 and reviewed a sample of 600+ male
offenders comparing those who had been on R&R or ETS programmes between 1992 and
1996 with matched controls who had not. They had found that in all risk of offending
categories those in the cognitive skills programme were less likely to reoffend, with an
overall reduction in recidivism rates of 14%. This first major study suggested that
cognitive skills programmes offered a promising method of rehabilitation of offenders.
However, in a second major study, carried out on a similar scale by Louise Fanshaw,
Caroline Friendship, Rosie Travers and Francis Nugent in 2003, there was found to be
no significant difference in reoffending rates in a sample of 600+ male offenders on
ETS or R&R from 1996-98 and matched controls, contradicting the earlier study.
Fanshaw et al, however, suggest that their failure to find significant results might be
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explained by other factors, such as the expansion and possible compromising of quality
of the programmes (they note that in 1995-6, 30 prisons supported cognitive skills
programmes and 746 completers were reported, whereas in 1998-9 70 institutions
offered the programmes with 2837 completions). They also suggest that higher levels
of motivation in both those delivering the programme in the period reported by the
earlier study and also those receiving the programmes could explain in part why the
second study failed to find a significant reduction in reoffending after cognitive
behavioural therapy.
The studies illustrate the methodological difficulties inherent in evaluating the effects
of intervention or treatment programmes in general and don’t mean, Fanshaw et al
argue, that cognitive skills programmes don’t work. The challenge, they conclude, is for
the government to work out not whether the programmes work in general, but
specifically to carry out investigations on what works with whom.
Whilst there was a plan to carry out research with specific types of offender, the first
major study of the effect of cognitive skills programmes on reoffending with female
offenders was not carried out until 2006. This study was carried out by Jenny Cann and
is described below.
Impact of cognitive skills programmes in reducing re-conviction (Cann,
2006)
Aim:
To find out if cognitive skills programmes were effective in terms of lower reoffending rates for a sample of women prisoners.
Procedure:
Between 1996 & 2000, 180 female offenders were given one of two types of CBT:
Enhanced Thinking Skills (ETS) or Reasoning and Rehabilitation (R & R). These were
compared with a group of 540 female prisoners who did not receive therapy. Reconviction rates were examined two years after release.
Results:
No significant differences were discovered between the groups. Although the R & R
group did slightly worse and were re-convicted earlier!
Conclusion:
Cann suggests that the programmes were ineffective for the following reasons:

Women offend for different reasons to men; they may have cognitive skills
deficits. Drug abuse, relationship problems, emotional factors and financial hardship
are major causes of female criminality.

The Cognitive therapies had been developed with male prisoners in mind and were
therefore inappropriate for women.

The therapy was not effectively delivered.
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Interventions designed specifically for female prisoners: CARE
In 2001, the Home Office reviewed the government’s strategy for women offenders
and out of this came the intervention for female prisoners known as CARE: Choices,
Actions, Relationships and Emotions.
This is a programme designed for female offenders classed as having a medium to high
risk of reconviction for violent and/or substance abuse related offending. This is s
multi-disciplinary programme involving mental health workers, substance misuse workers
for prisoners as well as non-statutory agencies in mentoring and advocacy, The aim is to
target the areas of emotional well-being, relationships, substance misuse, and lifestyle
and associates. These are areas that research has identified as being important factors
in female offending and reoffending.
The course aims to help participants identify and label emotions and develop skills for
managing emotion. In addition, the course aims to foster a positive self-identity that
will enable participants to live the kind of life they would like to on release.
The CARE programme was piloted in two public sector prisons and an accreditation
submission will be made to Correctional Services Accreditation Panel, (CSAP), in summer
2009.
Subsection = Anger Management
Anger is a strong emotion and many prisoners have problems
controlling their anger which leads to violent behaviour. Anger
needs to be controlled within a prison environment for the safety
of staff and inmates. One way of achieving this aim is through
anger management programmes.
Anger management is a therapeutic programme used with a range of clients from
convicted violent criminals to aggressive school children. It assumes that violence is
caused by anger, and that if violent individuals learn to control their anger, their violent
behaviour will decrease. The programme differentiates between two types of anger,
instrumental aggression where the aggression is planned and is used to get something,
and hostile aggression which is uncontrolled, unplanned aggression in response to a
situation or person, for example road rage. Instrumental aggression is by definition
aggression that is already controlled so this is not the target of anger management
course. Instead the courses target hostile aggression and aim to help offenders gain
control over their aggressive outbursts.
Anger management programmes are based largely on cognitive-behavioural therapy
techniques, and are usually delivered through group sessions. A specific anger
management programme called the National Anger Management Package was devised for
use in prisons in the 1980s, becoming widely used in the 1990s. The initial need for
anger management in prisons arose from the rising levels of aggression and violence
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within the prison setting itself, so the main focus of the National Anger Management
Package was to try to reduce the amount of violence within prisons, but there was also
with the hope that improved self-control would continue once offenders are released
and lessen their chances of reoffending.
Aims of the National Anger Management Package course for prisoners
Course members should:
- Increase their understanding of how and why they become angry
- Realise the importance of monitoring their own behaviour so that they notice the first signs
of becoming angry
- Develop strategies for controlling their anger
- Use role play to practise coping with provocation
- Consider how their lives will improve if they learn to control their anger and aggression
Typically such a course will involve around 8 two-hour sessions, spread over a couple of
weeks. As well as helping the offenders to recognise and manage their responses to provocation
they are also encouraged to consider avoiding situations where they may experience such
provocation, such as night clubs or football matches. This lifestyle change is difficult to achieve
but some offenders manage this through a determination to avoid situations where they realise
they can’t control their behaviour and have a strong will not to reoffend.
The main form of Anger management in prisons is a programme called CALM.
CALM
CALM is a Cognitive Behavioural Programme aimed at prisoners who have problems in
managing their emotions and for whom this had been an important part of their
offending behaviour. The programme encompasses six modules:
1. Primarily focused on enhancing a prisoner's motivation to participate in the programme and to
change their behaviour.
2. Group members are introduced to the concept of physiological arousal and the relationship
between arousal and performance. They are taught how to identify physiological changes that they
experience when becoming angry and are provided with a range of arousal management techniques
which they practice and receive feedback on from peers and facilitators.
3. Facilitators work with participants to understand how their irrational, hurtful and unhelpful
thoughts contribute to their feelings and actions (anger and aggression). Participants learn to
recognise irrational thinking, to argue against it and replace it with a more rational way of thinking.
This in turn leads to more helpful and less disturbing feelings and behaviour.
4. Participants learn a number of skills to enable them to more effectively communicate with others,
for example, in response to provocation from others. They also learn how to communicate and take
responsibility for how they feel about a situation without blaming others and remaining in control of
their emotions.
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5. Provides a framework for applying the skills learned so far to other emotions which can lead to
problematic or offending behaviour. These include jealousy, depression, anxiety (social threats and
fear of losing control), and ‘superman feelings' (feelings of unlimited power).
6. Requires participants to identify the situations which are likely to most high risk for them in the
future in terms of a return to anger and aggression. Facilitators then support participants in
developing relapse prevention plans which incorporate skills learned on the programme and other
skills as appropriate to the situation. Included in this module is preparation for what happens if they
do relapse and exploration of ‘healthy' and ‘unhealthy' ways of coping following a relapse.
CALM is currently offered in 24 establishments. Approximately 500 prisoners
completed the programme in 2006/7.
Investigation of whether anger-management courses work
(Ireland,2000)
Aim:
To assess whether anger management programmes work with young male offenders.
Procedure:
A natural experiment compared a group of 50 prisoners who had completed CALM and a
group of 37 who were assessed as suitable, but had not actually taken the course. The
prisoners were given a cognitive behavioural interview. Prison officers completed a
Wing Behavioural Checklist (WBC) rating 29 angry behaviour with scores of 0, 1 or 2 for
the week before the interview. Prisoners also completed a self-report questionnaire on
anger management with 53 questions.
Results:
 92% of prisoners belonging to the experimental group showed
improvement on at least one of the measures.
(48% of these showed improvement on both the AMA and the WBC,
35% showed improvement solely on the AMA, and
17% showed improvement solely on the WBC.
 8% of all prisoners showed no improvement or a deterioration on both measures
following course completion.
Prisoners who improved on both measures appeared to contain the highest proportion of
violent offenders, with those showing no improvement or a deterioration containing the
smallest.
Conclusions:
Anger management was found to be successful in the short term for youth offenders
within a prison setting. Ireland points out that o conclusions can be drawn about the
long term effects of this programme as no reoffending data was gathered, but suggests
that long-term evaluation of programmes should be included in future research,
provided that the aims of the programme delivered were to extend the effectiveness
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beyond the prison setting and have the effect of reducing reoffending, which was not
the specific aim of the programme used in this study.
Subsection = Using Ear Acupuncture With A Drug Rehabilitation Program
Among the offender behaviour programmes delivered in HMPS
are those specifically aimed at drug rehabilitation, helping
offenders to give up substance abuse. These use a variety of
techniques. One such programme, FOCUS, is a high-intensity
drug and alcohol treatment programme operating in five of our
high security prisons. The FOCUS programme looks to enhance
motivation, change thinking associated with drug misuse,
improve social and emotion management skills and develop
relapse prevention skills using role-play. So far no big surprises,
but what you may be surprised to know is that in these high
security prisons, most of the prisoners who go through the
programme also use ear acupuncture. This alternative treatment has been used in
prisons for 5 years and is popular as it is cheap, easily taught (prison officers can be
taught in a 4-day course and two officers can administer the treatment to 10-15
inmates at a time in a 40 minute session). Its proponents, including Michael Wheatley,
(Senior Manager for the Drug Strategy & Services Directorate of High Security
Prisons in England and Wales), argue that it is a useful addition to the drug
rehabilitation programme and does not require the prisoner to be highly motivated to
participate.
But does it work? Is the FOCUS programme more effective where auricular (ear)
acupuncture is administered as part of the programme?
Wheatley presented the following paper in 2005 to argue that this is indeed the case.
Use of acupuncture to treat drug addiction in prisoners (Wheatley,
2007)
Aim:
To evaluate the effectiveness of ear acupuncture.
Procedure:
350 prisoners in six high security prisons received acupuncture and the standard care
programme FOCUS; these were compared with a control group who just received
FOCUS. Two trained practitioners worked with groups of 10-15 prisoners in a relaxed
setting, needles were inserted into five acupuncture points in the ear and prisoners
relaxed for 40 minutes.
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Results:
Qualitative Data:
Prisoners reported better sleep, improved relaxation, better able to cope, reduced
nicotine cravings, cognitive and health improvements. Staff reported better
communication with staff and families, improved attendance at classes, calmer
atmosphere and less use of healthcare facilities.
Quantitative Data:
 70% reduction in drug related incidents in the 6 months after treatment.
 41% reduction in serious incident reports.
 42% reduction in positive drug tests (mandatory).
 33% reduction in positive drug test (voluntary)
Conclusion:
Wheatley believes that there is enough evidence to expand the delivery of acupuncture
throughout the prison system. He believes it works best as a complimentary therapy
alongside other programmes.
What makes this a psychological study? Well, if you take the view that ear acupuncture
“does something” biologically to the patient, then this is a biomedical study not a
psychological one. However, what lends this study a psychological angle is that the
effects of ear acupuncture as reported by Wheatley could not be replicated by Gates
et al in 2006. Reviewing a total of seven controlled studies of acupuncture that
compared “real” with “sham” acupuncture (needles stuck anywhere rather then the five
“official” points for drug users) Gates et al found no difference in outcome between
the “real” and “sham” acupuncture participants.
With such evidence disputing the effect of ear acupuncture Wheatley’s study lacks
reliability. This and other factors give us reason to question Wheatley’s confidence in
the positive effect of including ear acupuncture in drug rehabilitation programmes for
prisoners.
There are other challenges to the validity of his work:
 If there is no effect of ear acupuncture on drug users, what can explain the
positive outcomes that Wheatley reports in his study? What other variables
might account for the positive change in the prisoners’ attitudes and behaviours?
 Is there an expectancy effect? Can we use the placebo effect to explain the
“success” of ear acupuncture in Wheatley’s study?
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Summary: Treatment programmes

Treatment programmes are a real problem to assess. It seems that when a
programme is well conducted, completed in full and properly targeted on the right
offender, it works, but when extended to larger groups and often incomplete
because of the overcrowding in the system, the positive effect disappears.

However, both cognitive skills programmes and anger-management programmes
rely on self-reports and observation to evaluate their effectiveness. This means that
a prisoner could show high demand characteristics and present a favourable
impression of their effectiveness to secure an early release.

Psychologists and prison staff are willing to try alternative therapies such as ear
acupuncture with drug offenders. This is itself is not psychological unless one views
it as a placebo, but in practice it is used with so-called “talking cures” or more
standard therapeutic approaches.

In the end, all concerned look for “whatever works” and put into practice
whatever they can. Unfortunately the present overcrowded system works against
the prison staff and psychologists, meaning that prisoners rarely get to finish
programmes or that sufficient time and expertise are put into them.
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AFTER A GUILTY VERDICT
January 2010
1. (a) Identify the link between imprisonment and suicide. (10).
(b) Evaluate the usefulness of research into the psychological effects of imprisonment.
June 2010
2. (a) Describe anger management as a treatment programme for offenders. (10)
(b) Assess the effectiveness of offender treatment programmes. (15)
June 2011
3. (a) Describe one piece of research into ‘looking death worthy.’ (10)
(b) To what extent can research into alternatives to imprisonment be considered
ethnocentric. (15)
January 2012
4. (a) How has ear acupuncture been used as a treatment programme. (10)
(b) Compare the strengths of different offender treatment programmes. (15)
June 2012
5. (a) How can probation serve as an alternative to imprisonment? (10)
(b) Evaluate the limitations of research into alternatives to imprisonment. (15)
January 2013
6. (a) Describe research into planned behaviours once freed from jail. (10)
(b) Evaluate the use of qualitative and quantitative data when researching
imprisonment. (15)
June 2013
1. (a) Describe research into the prison situation and roles. (10)
(b) Evaluate the methodology used in research into imprisonment. (15)
(a) How is restorative justice used after a guilty verdict? (10)
(b) To what extent are alternatives to imprisonment effective? (15)
June 2014
1. (a) Describe a cognitive skills programme used with offenders. (10)
(b) Assess the usefulness of offender treatment programmes. (15)
2. (a) Outline research into ‘Looking Deathworthy.’ (10)
(b) Assess the validity of research into alternatives to imprisonment. (15)
G543 Checklist:
Indicate Yes or No to show level of confidence
1 – Turning to Crime
Yes/No
Study
Yes/No
Social Explanations
1.1 Disrupted Families
Farrington
1.2 Learning from Others
Sutherland/Akers (EXT)
1.3 Poverty
Wilkstrom
(Peterborough)
Cognitive Explanations
2.1 Criminal Thinking
Patterns
2.2 Moral Development
Yochelson & Samenow
Kohlberg/Chen and
Howitt(EXT)
Gudjohnsson
2.3 Social Cognition
Biological Explanations
3.1 Brain Dysfunction
Raine/Raine
3.2 Genes & Serotonin
Brunner/Caspi (EXT)
3.3 Gender
Daly & Wilson
2 - Making a Case
Yes/No
Study
Interviewing Witnesses
1.1 Recognising Faces
Bruce
1.2 Factors Influencing
Identification
1.3 Cognitive Interview
Loftus (weapon
focus)/Pickel (EXT)
Fisher
Interviewing Suspects
2.1 Detecting Lies
Mann
2.2 Interrogation
Techniques
2.3 False Confessions
Inbau/Granhag (EXT)
Gudjohnsson
Creating a Profile
3.1 Top Down
3.2 Bottom up
Theory (Ressler and
Hazlewood) Study Canter
Canter
3.3 Case Study
Canter: John Duffy
Yes/No
3 – Reaching a Verdict
Yes/No
Study
Yes/No
Persuading a Jury
1.1 Effect of Order of Testimony
1.2 Persuasion
Pennington &
Hastie
Loftus
1.3 Effect of Evidence Ruled Inadmissible
Pickel
Witness Appeal
2.1 Attractiveness of Defendant
2.2 Witness Confidence
Castellow/
Theory Dion
Penrod
2.3 Effects of Shields and Video on Children
giving Evidence
Reaching a Verdict
Ross
3.1 Stages in Decision Making
Hastie
3.2 Majority Influence
Asch
3.3 Minority Influence
Nemeth/Mosco
vici(EXT)
124
4 – After a Guilty Verdict
Yes/No
Study
Yes/No
Imprisonment
1.1 Planned Behaviours when free
from Jail
1.2 Depression & Suicide Risk
Gillis & Nafekh
1.3 Prison Situation and Roles
Zimbardo
Palmer and Connelly
Alternatives to Imprisonment
2.1 Probation
Mair & May
2.2 Restorative Justice
Sherman & Strang
2.3 Looking ‘Deathworthy’
Eberhardt
Treatment Programmes
3.1 Cognitive Skills Programme
Cann
3.2 Anger Management
Ireland
3.3 Ear Acupuncture
Wheatley/Margolin
(EXT)
125