“Two Strikes and You’re Out”: Shouldn’t we be more proactive about criminal justice?

Our political system is fixated on punishing ex-prisoners after they have reoffended, as opposed to trying to get things right in the first place.

At the recent Conservative Party conference, Justice Secretary Chris Grayling announced his new “two strikes and you’re out” policy. Simply put, if you’re found guilty of two offences that both carry a prison sentence of 10 years or more, you will be sentenced to life imprisonment.

This sounds like a nice idea. To be fair to the Government, a lot of what they say on law and order, does. But what’s the substance? Is focusing attention on this group of offenders worthwhile?

Upon analysis of reconviction rates of different groups of prisoners, there seems to be a trend – the longer you stay in prison, the less likely you are to be reconvicted. Compared with short-term sentences, which have a 12-month reconviction rate of around 60 per cent, lifers who are released are generally not reconviction within the same time-frame - with the official figure being somewhere between one and two per cent. Those who fall between these two extremes have a reconviction rate of around 50 per cent (within two years of release).

That is not to suggest that former life-sentenced prisoners don’t go on the commit further offences. It could be the case that either (a) they aren’t caught, or (b) it takes them longer to re-offend (although the idea that further crimes are not detected, given the amount of supervision that they are under, seems highly unlikely). However, the low rate when compared to short-stay prisoners does lead to me ask – why is the Government announcing this drive?

I’ve written at length on this site about how we should use prison sparingly - citing both economic and societal benefits for doing so. However, it seems strange to announce a whole policy based on such a small proportion of the population. It is akin to the US Government announcing a national strategy to address the prevalence of “short sleep” problems among their college students (estimated to be just under five per cent). It sounds ludicrous that they would do such a thing and, although being a far-fetched example, demonstrates how out-of-focus the “two strikes” policy could be.

That’s not to suggest that the future offending of life-sentenced prisoners should just be ignored. However, it seems epidemic in our political system that we have a fixation on retribution and punishing ex-prisoners after they have (re)offended, as opposed to trying to get things right in the first place – by encouraging a more equal society or making our prisons into environments that are more conducive to personal growth.

How would we do this?

There is some great work going on at HMP Grendon, a prison which houses prisoners (known as "residents") for extended periods of time. It has been home to some of the country’s more dangerous and difficult offenders, but has consistently had an enviable record of prisoner violence (with the exception of the murder of a resident convicted of child sex offences in 2010 – the only killing that has ever taken place in Grendon). Additionally, residents who spend more than 18 months at Grendon have a two-year reconviction rate of just 20 per cent – less than half the national average, and adding more credence to the suggestion that only the most dangerous criminals, who can be engaged in long-term therapeutic work, should be incarcerated.

So what’s Grendon’s secret?

The regime at HMP Grendon is greatly different than other category B establishments. Here, residents live in discreet “therapeutic communities”, and are treated in more a more humane way than other establishments. As eminent criminologist, and former governor at HMP Grendon, Professor David Wilson, describes:

“A therapeutic community is a 24-hour, seven-days-a-week, 52-weeks-a-year commitment to analysing your behaviour in the context of a prison to try and gain insight and understanding into why you ended up in that prison.”

This sense of acknowledging your own shortcomings is seen as a vital first step in the rehabilitation process - and sets strong foundations for positive intervention work. Therapeutic communities promote a collaborative approach to offender rehabilitation – with residents being allowed out of their cells for extended periods and engaging in group discussions designed to address their criminal pasts. Additionally, HMP Grendon is a prison that offenders volunteer to go to – knowing that their fellow residents have the power to vote them out if they feel that certain people would not be appropriate for their communities (see my post on prisoner voting rights for an overview of how harnessing and encouraging democratic involvement can help to promote desistance).

This set-up makes the prison environment more realistic, and, therefore, more comparable to being ‘on the outside’. I’m in no doubt that this better prepares Grendon’s residents for release, and reintegration, than does being in a prison environment that relies on inmates being locked up for long periods of time, with little time for social interaction and personal development.

One thing to bear in mind with therapeutic community places is that the cost around £10,000 more per year than a typical prison place. However, I have previously set out how substantial savings can be made by sentencing low-level offenders to community orders (average cost £4,000 per 12-month order) as opposed to short prison sentences (approximately £40,000 per prisoner, per year). In addition to cost savings, these community sentences are shown to have significantly better outcomes in terms of reconviction rates within 12 months (34 per cent for community orders compared to 61 per cent for those serving less than 12 months in prison). By doing this, prison staff will be free to focus their attention on the higher risk, longer-sentenced residents of the prison estate. This would also be in line with the evidence on offender rehabilitation, which suggests that the lion’s share of rehabilitation resources should be aimed at those posing the highest risk. In short, we really do need to "speculate, to accumulate".

Naturally, reducing the prison population will likely lead to a public backlash, and claims that those in power have gone "soft" on crime. However, this brave and reforming step would lead to lower reconviction rates and substantial savings to the Ministry of Justice – savings that could go towards reducing the country’s deficit, or be re-invested in education, the NHS, or affordable housing projects – all of which, coincidentally, could also facilitate lower crime rates. Small-scale pilot schemes could be utilised in the first instance in order to allay some of the public’s fears, and demonstrate the positive effects that an approach such as this could have on local communities.

For too long, we have sat back and watched political leaders engage in reactionary rhetoric, blaming offenders for re-offending when very little has been done to fix the broken penal system that in many ways keeps the "revolving door" swinging. It is about time that we reform our broken system, and adopt a more proactive approach towards offender rehabilitation.

Chris Grayling at the Conservative Party conference. Photograph: Getty Images

Craig is a forensic psychology blogger interested in evidence-based criminal justice and desistance from crime. He tweets as @CraigHarper19.

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Tetris and sleep deprivation: how we can help emergency workers cope with trauma

First responders are at serious risk of developing PTSD during events like the Paris attacks. 

Some people seem able to deal with anything. They save a stranger from bleeding out in a bombed restaurant, protect passers-by from heavily armed gunmen, pull dead and dying people out of collapsed buildings, and they keep going because it is their job. These people are first responders.

When trauma goes on for days, as it has recently in Paris, however, the odds of them bouncing back from the violence, death and injury they are witnessing rapidly diminishes. They are at greater risk of developing a severe stress reaction known as post-traumatic stress disorder (PTSD). One study found that the worldwide rate of PTSD among first responders is 10 per cent, much higher than the 3.5 per cent rate among those not involved in rescue work.

Tetris to the rescue

So how best to address the problem? Research is in its infancy, but there are some promising studies. Emily Holmes’ group at the University of Cambridge has been looking at the benefits of playing Tetris, a video game, after a traumatic experience. The idea is that this could block the consolidation of traumatic memories so they don’t “flash back” later on.

For the study, her team first traumatised people by showing them distressing footage from public safety videos. The next day they invited them back into the lab to reactivate the memories with still images taken from the videos. One group then played Tetris for 12 minutes while the other sat quietly. Over the following week, the group who played Tetris had about 50 per cent fewer unwanted memories from the films compared to the group who didn’t.

The team concluded that playing Tetris helped individuals because it soaks up their visual processing capacity, making it harder for the brain to consolidate the visual parts of a traumatic memory.

Since it takes about six hours for the brain to cement a memory, the key is to play the game soon after trauma or within six hours of re-activating the traumatic memory. How long the helpful effects of playing Tetris will last and whether it will translate into helping people after real-life trauma is still unknown.

Talking it through

Other techniques, such as “updating”, taken from a highly-effective talking treatment for PTSD, may be more practical and easier to implement.

Like a detective, updating is a technique that focuses on finding new information and linking it to the case, the past memory. This is necessary because when the brain and body are in survival mode during trauma, the mind finds it difficult to encode all the relevant facts. Often key pieces of information that could make the memory less traumatic are lost. Updating links new information to someone’s memory of their trauma to make it less upsetting.

But can updating help to reduce unwanted memories after trauma?

We carried out a study, published in PLOS ONE, in which we traumatised people by showing them terrifying films of humans and animals in distress. We then divided our participants into three groups. One group watched the films again but were given new information about how long people suffered and whether or not they lived or died – essentially, they were updated. The second group watched the same films again but without the new information. And the third group watched films of humans and animals who were not in distress. The updated group had fewer traumatic memories and PTSD symptoms than the other two groups.

Updating is now being used by some UK emergency services. First responders will gather after critical incidents and update their memories of what happened before they go home.

Sleep deprivation

There are other techniques that may be helpful. One study found that depriving people of sleep may be useful in the aftermath of trauma.

But the same study found that a week after the trauma, people who had been deprived of sleep had the same number of unwanted memories as people who had slept well afterwards. Consequently, it remains unclear whether there would be any long-lasting benefits using this method. There are, however, certainly health risks linked to lack of sleep.

Still looking for a solution

To develop preventative interventions, we need to study newly-recruited emergency workers who haven’t yet suffered on-the-job trauma and follow them over time, spotting which “coping styles”, present before trauma, may predict their reactions afterwards.

For example, some people naturally react to stressful life events by dwelling on them, thinking about why they happened for hours on end. This strategy, called rumination, has been linked to PTSD in people who survived car crashes.

If rumination predicts PTSD in first responders, then preventative interventions could train people to spot when they are dwelling on an event and refocus their attention to the task at hand.

When we have identified which factors heighten emergency workers’ risk of developing PTSD, programmes can be developed to target those vulnerabilities. Only then can an intervention, directed at first responders most at risk of developing PTSD, properly protect them in their line of work.

The Conversation

Jennifer Wild is a Senior Research Fellow in Clinical Psychology at the University of Oxford

This article was originally published on The Conversation. Read the original article.