General

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This Blog is written by Janmesh Mehra from CPJ College of Higher Studies & School of Law, Delhi. Edited by Srishti Tiwari.

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1.1 INTRODUCTION

In this era of technological advancement, which has triggered advancement in all fields like science, arts, communication, the judicial system, and other academic fields; forensic psychology is an offspring of the developments in the study of psychology. There is no doubt that forensic psychology plays an important role in prison rehabilitation. Before discussing its manifold role in rehabilitation it is indispensable to know about this branch of psychology i.e ‘forensic psychology’ and ‘prison rehabilitation’. Psychology is a social science, as science seeks to explain the phenomenon within its scope. The term ‘psychology’ is derived from two Greek words ‘psyche’ and ‘logus’ which means soul and science respectively. Thus the literal meaning of psychology is the science of the soul. William Wundt defined psychology as the science of conscious experience.

Due to the increase in prison populations, along with the frustration involved in identifying successful treatment programs, correctional institution philosophies and policies have drifted toward a law-and-order role, with decreased emphasis on treatment. The following programs have proven successful in prison populations (Argosy 2010).

There are many factors involved when determining treatment within the prison population, or alternatives to prison. Age, gender, individual circumstances, jurisdiction, resources, mental health, disability, cultural diversity, educational, socioeconomic conditions all apply to the various potential treatments. Treatment programs within the prison population are becoming more popular than ever before. Even though we have become more of a law and order society; we are recognizing the need for rehabilitation among offenders as the field of forensic psychology expands, assesses, and recommends alternatives to prison.

Empowerment of women groups– Woman who are incarcerated are often incarcerated for substance abuse. “Substance abuse is a major contributor to female criminality. Substance abuse is correlated with a number of female crimes such as prostitution, and shoplifting” [1] .Child sexual abuse, sexual assault, domestic violence is more prominent among female victims than males. However, males are also victims of abuse.

Cognitive and reframing-Cognitive restructuring is a form of cognitive therapy, “which assumes that cognitive errors made by the client produces mistaken negative beliefs that persist, despite evidence to the contrary. These distortions in thinking result in negative self-talk” [2]. In order to promote restructuring, the clinician will help  the offender to identify automatic negative anxiety-arousing thoughts and negative self-talk, to help them discover the basis for these thoughts, and to assist them to appraise the situation realistically and to replace the negative self-talk with supportive, calming and positive self-talk.

Reconstructing of the trauma or incident story will begin with the offender’s life before the event or trauma, and the circumstances that led up to the event. Next, recitation of fact is reconstructed. This is done by “slowly reassembling an organized, detailed, verbal account, oriented in time and historical context. The narrative includes not only the event itself but also the offender’s response to it and the response of the important people in her life. As the narrative closes in on the most unbearable moments the client finds it more and more difficult to use words. At times the client may spontaneously switch to nonverbal methods of communication” [3]

While the offender is telling her story, it is important to ask what s/he is hearing, smelling, seeing, feeling, and thinking.  “Terence Keane stresses the importance of bodily sensations in reconstructing a complete memory” (Herman, 1997). “If you don’t ask specifically about the smells, the heart racing, the muscle tension, the weakness in their legs, they will avoid going through that because it’s so aversive” (Herman, 1997).

Behavior therapy-Cognitive behavioral therapy is a highly effective treatment in anxiety disorders. CBT includes a variety of approaches; psychoeducational, panic monitoring, breathing retraining, development or anxiety management skills, cognitive restructuring.  During therapy it is important to help Veronica learn new behavioral techniques in order to help her not only cope  with current symptoms, but to help  get through the therapy process

Relaxation training- Part of behavioral therapy is learning new relaxation techniques and training. “Muscle groups cannot be both tense and relaxed at the same time, therefore, teaching the client how to relax the body results in tension reduction. Relaxation physiological effects that are opposite to those produced by anxiety; anxiety can produce fast heart rate, tense muscles and panic; whereas; relaxation can produce slowed heart rate, neuromuscular relaxation, calm state of mind. [4]

Role playing-Regardless of the reason for role play whether it is utilized for empowerment of women, to the sex offender. Sex offenders practice denial regarding consent. The idea of role playing is to offer alternative effective coping strategies and behaviors that will help the offender in future situations.

Community-based programs can help to alleviate prison overcrowding.  The overcrowding of current prison populations has become a national concern.   Overcrowding can cause increased anxiety, aggression, physical and verbal altercations, and illness. Without appropriate interventions, inmates are learning to become “smarter criminals”. Depending on the nature of the crime, mental status of the offender at the time of offence, the biopsychosocial organization of the individual will determine what the criminal justice will order for the defendant.

Substance Abuse intervention and prevention– If an offender is under the influence of drugs or alcohol at the time of offense, the judge will typically order substance abuse testing, screening, and enrollment into a substance abuse program; in addition to AA or NA attendance.  Offenders who test “dirty” on drug or alcohol screen, the judge may order the offender to enter a substance abuse treatment center, or the offender may be incarcerated for failure to comply.

Individual psychotherapy– The judge may order individual psychotherapy for individuals in an attempt to rehabilitate an offender. However, many times the judge may order a forensic evaluation for sentencing before doing so. If the offender has a known mental illness, this type of rehabilitation will always be ordered. During the therapeutic process, the defendant will learn about the anxiety and panic cycle, symptom management, cognitive restructuring, systemic desensitization, avoidance behavior; about guilt, shame, anger, and helplessness.

Community resources-Community resources should be provided for individuals in need. For example, if a female was caught stealing diapers, and is homeless, with a new born, she will be referred to homeless shelters, pregnancy aid, help with Medicaid, and health care (hopefully). A social worker will visit the mother to aid her in her needs, as well as deal with the consequences of her stealing. Another factor that plays a role in treatment is the offenders past record. Therefore if the female stealing diapers did so out of desperation due to poverty, the consequences and treatment would be different for someone who has a criminal history, or history of mental illness. Anger management-Anger management groups tend to use CBT in interventions. In many groups, specific techniques are taught. For example, person in anger management groups may be taught to take “time outs” when they feel anger building up, breathing techniques, or guided imagery as a way to control their anger. [5]

Victims Impact Panel-For alcohol related offenses victim impact panels can have a tremendous impact on the offender. In alcohol related offences some offenders are ordered to attend victim impact panel meeting. This is when an organization such as M.A.D.D. –Mothers against drunk driving will have a victim, family members of the victims, and advocates speak on how DUI affected them. These impact panels are very powerful. The victim is often disfigured, and shares pictures of their recovery, along with the years of pain that the act of one night of drunk driving, turned into a life changing situation for all involved; both victim and offender, and both families.

The theoretical rational that may contribute to the success of these programs will vary among populations, in addition to individual traits and circumstances.  Treatment programs may differ within the prison setting versus a community setting. Treatment settings within the prison population can put an offender at risk. For example, if a known gang member shares his experience within the gang community, and the crimes committee, he or she may be vulnerable to violence within the prison setting. Gang members are not tolerant of snitches. If the client is a sex offender, or child molester, they may be reluctant to speak about their crimes in a group setting due to possible retaliation or consequences against this population. Sex offenders and child molesters are often considered the lowest form of humanity.

Treatment in a group setting can be empowering, yet intimidating for the incarcerated individual. Confidentiality becomes an issue, and can be used against them. The offender will be careful on what is said. A true recovery is one that consists of honesty, sincerity, and the ability to speak freely without fear of consequences. The prison environment does not provide this for inmates. In the state of Michigan, the cost to house an inmate ranges between 25,000 to 32,000. If we could utilize those funds to help, rehabilitate, and treat offenders, I believe we would see a decrease in crime and overcrowding of prisons.

1.2 SIGNIFICANCE

The responsibilities and duties of forensic psychologists place them in various settings ranging from the court system to law enforcement agencies and from correctional institutions to medical treatment facilities.

A Forensic Psychologist, sometimes referred to as a Criminal Profiler, works with law enforcement agencies to develop a brief profile of criminals, based on common psychological traits. In their line of work they study the behaviour of criminals and address anything from psychological theories to legal issues. Other than forensics, a Forensic Psychologist will study clinical psychology and criminal justice.

As you might expect, a Forensic Psychologist works very closely with the justice system. Some of the responsibilities they have are to conduct screenings or assessments of prisoners, investigate psychological disorders among criminal and civil court defendants, and to examine the mental state of criminals to deem if they are able to stand trial. Forensic Psychologists work with law enforcement agencies and are often called to testify in court on behalf of the defendant to support a theory the police or prosecutors have about the criminal defendant’s intent.

Forensic Psychologists also develop a relationship with their clients by providing one-on-one therapy sessions, such as when the police have been involved or there is a court order. These sessions are not only for research and study purposes but for therapeutic reasons to the patient as well. It may require the psychologists to perform activities that are occasionally unpleasant. Prison life is stressful for people who are incarcerated, and they could experience mental health issues while in the care of the prison psychologist. In some cases, the Forensic Psychologist may recommend group sessions. One primary objective that a Forensic Psychologist has is to protect the rights of each client they see.

1.3 IMPACT

Forensic psychology is an emerging field in India” is what one usually hears while speaking to professionals who deal with crime in the country. A cursory Google search for forensic psychology in India will tell you just as much. While it can be agreed upon that crime investigation agencies are indeed adopting more measures which come under the domain of forensic psychology, there is still considerable scope for development.

Forensic psychologists make up an integral part of criminal investigation systems, as well as prison systems in countries like the UK and Australia. Their profiles are diverse, and comprise taking up roles such as criminal profilers, expert witnesses in courts, suspect interrogators, prison rehabilitation officers and victim counselors. Unfortunately, their counterparts in India lack such varied, well-defined roles. Indeed, the country’s criminal investigative and justice systems would benefit from opening up more domains to forensic psychologists, and using their expertise across various platforms. Various governmental and non-governmental agencies involved in crime investigations have separate departments dedicated to psychology. However, these departments see a greater use for clinical psychologists qualified in diagnostics and psychotherapy, as compared to qualified forensic psychologists. The reason behind this remains unclear.

Personal communications with some such psychologists have revealed that they fulfil the roles of undertaking polygraph examinations and narco analyses. While these are some of the tasks that forensic psychologists commonly undertake, their overall profile is not (and perhaps should not be) limited to that. Forensic psychologists are usually equipped with basic know-how about the legal framework of their respective country. This enables them to effectively assist courts in cases related to various populations. This could perhaps aid in fast-tracking investigations, through use of systematic interrogation techniques, and the scientific profiling of crimes.

Agencies such as central forensic labs, the CBI and even the police could employ forensic psychologists to undertake such tasks of compilation, analysis and extrapolation from crime data. Various studies, and reports in the Netherlands, Australia and the US, have provided evidence for success of such profiling, and it would be a step in the correct direction for Indian agencies to adopt the same on a more formal level.

While these investigative benefits of forensic psychologists persist, their role in prison systems is also imperative. Indian prisons fall behind significantly when it comes to offender interviewing and rehabilitation policies after sentencing. There is minimal structure in place when it comes to remanding offenders. While in countries such as the UK, forensic psychologists conduct objective interviews of offenders and then suggest a basic treatment plan to a clinical psychologist, who delves into the subjective issues, no such hierarchy prevails in India, where a prison psychologist is largely unheard of. Prisons in India have a hosting capacity for over 366,000 offenders. However, there is more than 110% overcrowding, and an appropriate offender-psychologist ratio would be required in order to understand the perpetrators’ mind sets and guide them through their issues. While the idea that prison systems are supposed to be rehabilitative in nature is often stressed upon, much needs to be done in order for that to be put into practice.

Indeed, Indian prisons would benefit the most from usage of forensic psychologists. Prison psychologists may be required to prepare offenders, specifically first-time offenders, for life in prison. Doing time can become stressful due to the strenuous ways of prisons, groupism, potential threat to life or other forms of bullying by hardened criminals. These facets may result in severe stress levels among prisoners, and this may take a toll on their daily functioning. In light of such scenarios, forensic psychologists may intervene so that they can help inmates deal with stress and adapt to prison life in a healthier manner. Inmates often suffer from various mental health issues, which get overlooked (unlike physical health concerns, which are emphasized).

Further, many might suffer from suicidal ideation, or intend to hurt someone within the prison boundaries or an ex-victim. Many might get attacked themselves, and being victims of such assault inside prisons may induce or aggravate symptoms of post-traumatic stress disorder (PTSD). In such cases, prison psychologists may provide them with immediate attention, encourage them to speak out about their distress and provide them with aid to manage such distresses. Interventions dealing with mental illnesses affecting offenders have been found to be effective in reducing psychiatric recidivism.

Many inmates are found to be on spectrums of various personality disorders such as antisocial or borderline personality. Further, they may have issues ranging from schizophrenia to drug abuse, all of which require varied assessments and treatment plans. We are no strangers to cases of criminal recidivism, particularly in instances of rape. In such cases, there is a higher likelihood of offenders suffering from personality disorders. Prison psychologists can undertake assessments for such issues, and tailor treatment plans via group and individual therapy, in order to equip the inmates to adeptly cope with their issues. Such therapy sessions have widely been proven to be effective, and often readied inmates to be released back in society without posing a threat to it.

Thus, working on the perpetrators’ mindset through individual and group therapy, and providing an assessment before they are released, might control for reoffending. There are no hard-and-fast interventions that work on all offenders, and therefore appropriate assessment is needed in order to effectively deal with prisoner issues.

Another aspect of crime that often gets overlooked, or is inappropriately dealt with, is the victim’s counselling. Officers who are only trained in finding perpetrators are often unaware about how to deal with the victim, and this responsibility often falls to various NGOs dealing in betterment of victims of crime. In cases of sexual abuse, victims are subjected to rigorous medical examinations and interrogations, which may further take a toll on their mental health. In such instances, psychologists can preliminarily ease their pain by empathizing towards their issues and preparing them for the procedures to follow.

Moreover, many individuals are victims of communal, caste-based or hate crimes. In such cases, even though the assailants get nabbed, the victims may still undergo trauma from the crime, thereby depicting symptoms of PTSD, helplessness or self-loathing. In such cases, forensic psychologists may aid by communicating with the victims, making them understand that they were not responsible for the occurrence of the crime. Further, they can empower the victims in unconditional self-acceptance and encourage an uninhibited functioning back in the society. As a country with one of the highest crime rates in the world, India faces several challenges when it comes to dealing with different aspects of crime. While applying these interventions may sound good in theory, there is a long way to go before these can be successfully implemented. The key is to solve this case of missing forensic psychologists, and make optimum the use of their expertise to strengthen the criminal investigation and correctional processes in India.

For those interested in studying crime from a psychological perspective, India offers very limited courses in forensic psychology. Some institutes that offer a degree or a diploma in the area are the Gujarat Forensic Sciences University, the Raksha Shaki University (Gujarat), the Institute of Forensic Science, Mumbai, and the Lok Nayak Jayprakash Narayan National Institute of Criminology and Forensic Science. Varied modules are offered at these institutes, ranging from training in suspect interrogation to criminal profiling.  An individual with a bachelor’s degree in psychology (and sociology for criminology-associated courses) would be eligible to pursue any of these courses. However, many foreign universities offer a wider range of courses for the psychological study of crime and criminal behaviour. While there aren’t many professionals with these qualifications in India, that is perhaps due to the lack of field opportunities or failure to return to the country after pursuing the pertinent education in foreign countries. The trick would be to create lucrative career opportunities for professionals in this area while simultaneously improving the quality and scope of the field.

1.4 PROVISIONS

Prisons are no longer considered as punitive places, rather they are termed as correctional homes. People coming here after committing an offence and standing trial commonly wait for their conviction which often takes place after a considerable time. During this period the offender is expected to utilize his time in learning various skills which will enable him to transform himself from a disorganized and disturbed person with criminal tendencies to a sensible person filled with remorse preparing to turn a new leaf for himself. In India according to the prescribed rules of the Indian Jail Manual only a convicted prisoner whose sentence is confirmed is made to participate in the activities of the prison. They are paid a nominal amount in the form of wages. This has a two-pronged effect, one it motivates the prisoner to learn new skill, and second it enables the convict to help his family financially even when he is in the prison. A proactive approach is practiced to reform the prisoner. His mind set is being studied and he is further provided with therapeutic treatments to stabilize his emotions and improve his mental conditions. Meditations and Yoga are taught in many Indian jails for the inmates to reckon their mistakes and to turn a new leaf. All these programs and practices are effective as long the person remains incarcerated. What happens next though is a thought provoking question yet it lies dormant in one of the pockets of the correctional system. How far is reformation effective? Who are the recidivists, and what are the crisis in the re-entry of the prison back in the community? And what is the role of the criminal justice system in the resettlement of the offender in the society are among the numerous questions which the present paper attempts to explore. A debate on these questions is necessary. The idea of rehabilitation is given a later priority by the criminal justice system as its foremost effort is to reform an offender when he is in prison. The security and the safeguard of the community take the upper hand yet rehabilitation is an important chapter in the prisoner’s life when he steps out from the secured gates of the prison into the insecured world which holds out new challenges for him with an option to adjust or not to adjust. Return of the prisoner to the free community reveals a major lack of service which can assist the offender to become an effective participant in the life of the community. The society finds it difficult to cope with the crisis of re-entry into the community. This incongruity reflects a lack of coordination among the various segments of the system of criminal justice. Inmates discharged on completion of sentence without parole and having no family support, encounters difficulties in rehabilitation. The correction system endeavours to get the protection of the community in the rehabilitation of the offender emphasizing at the same time on developing self-discipline and strengthening his potential to achieve his goals through law abiding behaviour. Rehabilitation usually refers to intervention that are nice, benevolent well intended helping a prisoner to adjust back in the society. A psychologist might define rehabilitation as the effect of positive reinforcement such as counselling rather than negative reinforcements such as imprisonment. All however do not agree with this view. Scientifically there is no difference between a positive and a negative inducements. Behavioural psychologists are of the opinion that both the reinforcements have a comparable effects. It is not always true that rewards will change behaviour more than punishment or vice versa. Rehabilitation can involve a substantial degree of coercion even of intimidation like making the prisoner understand that he has to change to get rehabilitated. Participation in the programs are focused as a step towards rehabilitation. Behaviour modification therapy helps further in guiding an offender to reform himself according to the norms of the free world.

1.5 CASES

The CIA had long been dealing with terrorism originating from abroad, and in 1986 had set up a Counterterrorist Center to deal specifically with the problem. At first confronted with secular terrorism, the Agency found Islamist terrorism looming increasingly large on its scope. In January 1996, the CIA created an experimental “virtual station,” the Bin Laden Issue Station, under the Counterterrorist Center, to track Bin Laden’s developing activities. Al-Fadl, who defected to the CIA in spring 1996, began to give the Station with a new image of the Al Qaeda leader: he was not only a terrorist financier, but a terrorist organizer, too. FBI Special Agent Dan Coleman (who together with his partner Jack Cloonan had been “seconded” to the Bin Laden Station) described him Qaeda’s “Rosetta Stone”. In 1999, CIA chief George Tenet launched a grand “Plan” to deal with alQaeda. The Counterterrorist Center, its new chief Cofer Black and the center’s Bin Laden unit were the Plan’s developers and executors. Once it was prepared Tenet assigned CIA intelligence Chief Charles E. Allen to set up a “Qaeda cell” to oversee its tactical execution. In 2000, the CIA and USAF jointly ran a series of flights over Afghanistan with a small remote-controlled reconnaissance drone, the Predator; they obtained probable photos of Bin Laden. Cofer Black and others became advocates of arming the Predator with missiles to try to assassinate Bin Laden and other al-Qaeda leaders. After the Cabinet-level Principals Committee meeting on terrorism of September 4, 2001, the CIA resumed reconnaissance flights, the drones now being weapons capable. The CIA set up a Strategic Assessments Branch in 2001 to remedy the deficit of “big-picture” analysis of al-Qaeda, and apparently to develop targeting strategies. The branch was formally set up in July 2001, but it struggled to find personnel. The branch’s head took up his job on September 10, 2001. After 9/11, the CIA came under criticism for not having done enough to prevent the attacks. Tenet rejected the criticism, citing the Agency’s planning efforts especially over the preceding two years. He also measured that the CIA’s efforts had put the Agency in a position to respond rapidly and effectively to the attacks, both in the “Afghan sanctuary” and in “ninety-two countries approximately the world”. The new strategy was described the “Worldwide Attack Matrix“. Anwar al-Awlaki, a Yemeni-American U.S. citizen and al-Qaeda member, was killed on September 30, 2011, through an air attack accepted out through the Joint Special Operations Command. After many days of surveillance of Awlaki through the Central Intelligence Agency, armed drones took off from a new, secret American base in the Arabian Peninsula, crossed into northern Yemen, and unleashed a barrage of Hellfire missiles at al-Awlaki’s vehicle. Samir Khan, a Pakistani-American al-Qaeda member and editor of the jihadist Inspire magazine, also reportedly died in the attack. The combined CIA/JSOC drone strike was the first in Yemen since 2002 – there have been others through the military‘s Special Operations forces – and was part of an effort through the spy agency to duplicate in Yemen the covert war which has been running in Afghanistan and Pakistan.

Whether or not the intelligence accessible, or presented through the Bush Administration, justified the 2003 invasion of Iraq or allowed proper planning, especially for the occupation, is quite controversial. Though, there was more than one CIA employee that asserted the sense that Bush administration officials placed undue pressure on CIA analysts to reach certain conclusions that would support their stated policy positions with regard to Iraq. CIA Special Activities Division paramilitary teams were the first teams in Iraq arriving in July 2002. Once on the ground they prepared the battle space for the subsequent arrival of U.S. military forces. SAD teams then combined with U.S. Army Special Forces (on a team described the Northern Iraq Liaison Element or NILE). This team organized the Kurdish Peshmerga for the subsequent U.S.-led invasion. They combined to defeat Ansar al-Islam, an ally of Al-Qaeda. If this battle had not been as successful as it was, there would have been a considerable hostile force behind the U.S./Kurdish force in the subsequent assault on Saddam’s Army. The U.S. side was accepted out through Paramilitary Operations Officers from SAD/SOG and the Army’s 10th

SAD teams also mannered high-risk special reconnaissance missions behind Iraqi lines to identify senior leadership targets. These missions led to the initial strikes against Saddam Hussein and his key generals. Although the initial strike against Hussein was unsuccessful in killing the dictator, it was successful in effectively ending his skill to command and control his forces. Other strikes against key generals were successful and significantly degraded the command’s skill to react to and manoeuvre against the U.S.-led invasion force.

NATO member Turkey refused to allow its territory to be used through the U.S. Army’s 4th Infantry Division for the invasion. As a result, the SAD, U.S. Army Special Forces joint teams and the Kurdish Peshmerga were the whole northern force against Saddam’s Army throughout the invasion. Their efforts kept the 1st and 5th Corps of the Iraqi Army in place to defend against the Kurds rather than their moving to contest the coalition force coming from the south. This combined U.S. Special Operations and Kurdish force soundly defeated Saddam’s Army, a major military success, similar to the victory over the Taliban in Afghanistan. Four members of the SAD/SOG team received CIA’s unusual Intelligence Star for their “heroic actions.”

1.6 CONCLUSION

Forensic psychology has a long history in developing countries like India. It has passed three decades being recognized as an applied field of psychology for the detection of crime, intervention, and rehabilitation of crime victims. In the past three decades, technological advancements have changed the mindset of the criminal, requiring sophistication and advancement in technology development for the detection of the crime. The areas of investigations have been expanded from lie detection to tracing biopsychosocial aspects of criminal behavior of suspects and accused involved in the crime. The present paper is an attempt to highlight the landmarks developments, its utility in the areas of a criminal investigation, in the prevention and detection of crime in India. The focus is also on the research areas of the present work with the need for publication and awareness for the growth and improvisation of the field.

REFERENCES

[1] Hanser 7 Mire, 2011.

[2] Varcarolis, 2004.

[3] Herman, 1997.

[4] Varcarolis, 2004.

[5] Hanser & Mire 2011.