Legal Psychology Gerhard Ohrband ULIM University, Moldova 2 nd lecture Correctional Treatment

Course structure Lectures: 1. Introduction into Legal Psychology – Theories of crime 2. Correctional treatment 3. Victimology 4. Police psychology 5. Testimony assessment 6. Criminal responsibility 7. Judicial judgments 8. Psychological assessment of families

Course structure Seminars: 9. Eyewitness testimony 10. Jury decision-making 11. Child abuse 12. Prostitution 13. Rape 14. Tax evasion 15. Stereotypes and prejudices in the law system

1.Institutions for treatment of offenders 2.Correctional treatment in prison 3.Social therapy institutions 4.Treatment in youth prison 5.Treatment in a forensic psychiatric hospital 6.Treatment indications for offenders 7.Treatment of sex offenders 8.Evaluation of offender treatment 9.Effects of prisonization 10.Victim-offender reconciliation Film: The Stanford Prison Experiment Content

1. Institutions for treatment of offenders 3 ways of stationary treatment (in Germany) Forensic-psychiatric institutions (since the 1930ies) Social-therapeutic institutions (since the 1960ies) Stationary treatment in therapeutic communities for drug-addicted offenders (since 1983)

Results of offender treatment The different approaches cannot be directly compared in terms of effectiveness since they do not include identical groups Social-therapeutic institutions: consistant effects, effect size r =.11; that is, in terms of recidivism or other criteria clients of social therapy show 11% better results than inmates in regular prisons (Lösel, Köferl and Weber, 1987). Participants in addiction treatment finish their therapy more often than inmates participating in programs on their own initiative; 50% vs. 20 or 30% (Kurze, 1994).

2. Correctional treatment in prison German StVollzG, § 2, 3 and 4: prevention against recidivism, health care and motivational work. Two directions: 1.Psychotherapy for present problems 2.Interventions for preventing recidivism Justification: loss of freedom alone does not work for individual prevention; sometimes even contrary effects can be found (McGuire, 2002)

3. Social therapy institutions Since March 2004 in Germany 43 social- therapeutic institutions, partial institutions or departments with places (96% growth from 1997 with 888 places) 55% sexual offenders (Kröniger, 2004). Integrative social therapy Three phases: test phase (ca. 3 months), main phase and end phase (ca. 6 – 10 months)

Indications for social-therapeutic institutions If a repetition of dangerous crimes is probable because of the offenders’ social and personal development If the offenders show a disposition to try attitudinal and behavioral change If the offenders possess the necessary intellectual and linguistic requirements for participation

Counterindications Offenders For which other treatment will be sufficient For which other treatment is indicated because of the degree of addiction (drugs, alcohol), a disorder or debilitation of the CNS or serious psychological disorders For which the rest time in prison is either to short or to long for integrative social therapy Who do not want to stop substance abuse Who categorically reject the treatment

4. Treatment in youth prison GoalsOffers/measures School and vocational supportCourses in reading and writing, language courses for foreigners, school diploma, vocational training, special job qualifications Enhancement of social competenciesSocial therapy, social skills training, prison in living groups, compentency trainings Free-time activitiesSports, culture, hand-work, ergotherapy, discussion groups, religious groups Offense-specific offersAnti-violence training, addiction therapy, addiction counseling, self- help groups Complementary measuresCrisis intervention, preparation for release, debths counselling, vocational counselling, driver’s license

5. Treatment in a forensic psychiatric hospital Patients: offenders with psychiatric disorders (e.g., schizophrenic and affective psychoses, organic brain disorders, reduced intelligence, disorder of sexual preferences – exhibitionism, pedophily). 30% sexual offenders General problems: external compulsion and therapy motivation Treatment: psychotherapy in single and group settings, psycho-educational measures, social therapy, ergotherapy, drug therapy

6. Treatment indications for offenders General principles for offender treatment: 1.Risk principle: intensity of treatment has to be oriented on the risk for recidivism 2.Need principle: the program objectives have to target the specific developmental and psychological problems which relate to the criminal behavior 3.Responsitivity principle: therapy methods should be chosen in regard of the capacities and preferences of the client.

7. Treatment of sex offenders In the past focus on psychoanalitical treatments Today predominantly cognitive-behavior programs and Relapse Prevention Programs (RPP) Increasingly in group settings; this creates therapeutic possibilities for confrontation and offers sexual offenders an opportunity to overcome isolation and shame Cognitive-behavior therapy: Sex Offender Treatment Program (SOTP)

Units in the BPS (Behandlungsprogramm für Sexualstrattäter) Offense-unrelated partOffense-related part Conversational behaviorPersonal life story Self- and other-perceptionCognitive distortions Giving and receiving feedbackSteps in the commiting of sexual offenses Stress managementApparently unimportant decisions Awareness of feelingsRisk situations Moral behavior and empathyThe problem of immediate satisfaction Contact and communication training Control of sexual fantasies Sex-role stereotypesOffense scenario Control of substance abuseEmpathy with victims Human sexual behaviorPrevention against recidivism

8. Evaluation of offender treatment Lipton et. al. (1975): Most treatments lack methodically founded evaluation research. Other arguments against offender treatment: high costs, pathologization of social problems, low punitivity or proportionality with the deed, informalization of law. In the 90ies: change from “nothing works” to “what works?” Meta-analyses: r =.10 in international research Effectiveness depends on a) treatment type, b) implementation quality, c) treatment context and d) offender characteristics

9. Effects of prisonization Clemmer (1958): Process of adaption in which newly confined inmates adopt norms, values and habits of the other inmates. Adoption of criminal attitudes and behaviors Makes the resocialization and reintegration in the society more difficult Key elements during the process: oppositional and hostile behavior towards prison staff, lack of cooperation and deviant behavior.

Theories of prisonization 1. Deprivation model Sykes (1958): “Pains of imprisonment” Loss of freedom Loss of material and immaterial goods Loss of heterosexual relations Reduction of autonomy Lack of security in the presence of other inmates 2. Import model 3. Stress-coping paradigm

10. Victim-offender reconciliation Decide conflicts in a voluntary and personal meeting between victim and offender under participation of a neutral third party without recurring to a courts Bases: free will, tolerance and a sufficiently clear case Restorative justice

Literature Bilsky, W. (1990). Extrajudicial mediation and arbitration: Evaluation of German Victim- Offender-Reconciliation Programs. The International Journal of Conflict Management, 1, Hill, A., Briken, P., Kraus, C., Strohm, K. & Berner, W. (2003). Differential pharmacological treatment of paraphilias and sex offenders. International Journal of Offender Therapy and Comparative Criminology, 47,