Psychology and the Law Sentencing Post Traumatic Stress Disorder

Plan for Today Sentencing Battered Women Syndrome Learned Helplessness Post Traumatic Stress Disorder

Sentencing Armed robbery? Gun vs. knife? Violent contact with victim vs. money handed right over A bank vs. a convenience store

Reasons for Sentencing Denunciation General deterrence Special deterrence Incapacitation Rehabilitation Reparation Responsibility Revenge

The Fundamental Principle “A sentence must be proportionate to the gravity of the offense and the degree of responsibility of the offender.”

Possible Sentences Imprisonment Probation Suspended sentence with probation Fine Conditional and absolute discharge Restitution Prohibitions Conditional sentence

Faint Hope clause First degree murder – automatic life imprisonment (25 years till parole eligible) Inmates given life imprisonment get a chance to be eligible for parole anywhere from years into the sentence. Judge decides if inmate has a chance to convince a jury.

Faint Hope clause If judge agrees a jury will hear evidence of the original offense (victim), rehabilitation, plans for the future, remorse, and many other issues. If jury agrees then inmate can make an application to the National Parole Board Long expensive procedure

Problems in our Sentencing Too wide a range “max out” ceiling effect. Judicial discretion Wide sentencing disparity Pubic attitudes Effects of media

Battered Women Syndrome A legal defense used to support mitigating circumstances in a self defense plea for a murder charge. An imminent danger. R. v. Lavallee 1.Tension building 2.Acute battering 3.Contrition

Battered Woman Syndrome Learned Helplessness (Seligman, 1976) Inescapable aversive events inhibit learning Loss of sense of control – behavior has no effect on environment – this generalizes to multiple situations

Learned Helplessness Loose motivation to try to control events in environment or give up easily Cognitively, ability to learn from experience is impaired Emotional problems: Rats (ulcers), cats (ate less), dogs, (critically impaired task learning), monkeys (illness) humans (high blood pressure, depression)

Learned Helplessness Cognitive qualifiers of the effects of learned helplessness Specific vs. Global Internal vs. External Stable vs. Transitory

Battered Women Syndrome American Psychiatric Association has recognized the syndrome in amicus briefs filed as evidence in homicide cases with self-defense pleas. Expert testimony Not a medical, psychological, or psychiatric term

Post Traumatic Stress Disorder A.Exposed to a traumatic event -experienced threat and intense fear or horror B. The event is persistently re-experienced - emotional recollections, nightmares, hallucinations, flashbacks, extreme reactivity, intense distress to objects that symbolize the event

Post Traumatic Stress Disorder C. Avoidance of trauma stimuli and general numbing -flat affect, social isolation, lack of interest in activities, feelings of doom, detachment, memory blocks for the event D. Persistent symptoms of increased arousal - insomnia, irritability, exaggerated startle response, difficulty concentrating

Post Traumatic Stress Disorder E. Duration of disturbance more than 1 month F. The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning.

DSM-IV Diagnoses V61.1 Physical and Sexual abuse of an adult PTSD or Acute Stress Disorder