The Relationship Between Lower Intelligence Crime and Custodial Outcomes A Brief Literary Review of A Vulnerable Group
The Relationship Between Lower Intelligence Crime and Custodial Outcomes A Brief Literary Review of A Vulnerable Group
James Freeman
To cite this article: James Freeman (2012) The relationship between lower intelligence, crime and
custodial outcomes: a brief literary review of a vulnerable group, Vulnerable Groups & Inclusion,
3:1, 14834, DOI: 10.3402/vgi.v3i0.14834
© 2012 J. Freeman
Abstract
The relationship between intellectual functioning and criminal offending has received considerable
focus within the literature. While there remains debate regarding the existence (and strength) of
this relationship, there is a wider consensus that individuals with below average functioning
(in particular cognitive impairments) are disproportionately represented within the prison
population. This paper focuses on research that has implications for the effective management
of lower functioning individuals within correctional environments as well as the successful
rehabilitation and release of such individuals back into the community. This includes a review of
the literature regarding the link between lower intelligence and offending and the identification
of possible factors that either facilitate (or confound) this relationship. The main themes to
emerge from this review are that individuals with lower intellectual functioning continue to be
disproportionately represented in custodial settings and that there is a need to increase the
provision of specialised programs to cater for their needs. Further research is also needed into a
range of areas including: (1) the reason for this over-representation in custodial settings, (2) the
existence and effectiveness of rehabilitation and release programs that cater for lower IQ offenders,
(3) the effectiveness of custodial alternatives for this group (e.g. intensive corrections orders) and
(4) what post-custodial release services are needed to reduce the risk of recidivism.
*Correspondence to: James Freeman, Centre for Accident Research and Road Safety Qld
(CARRS-Q), Queensland University of Technology, Room 205, Level 2, K Block, Victoria Park
Road, Kelvin Grove, Qld 4059, Australia. E-mail: [email protected]
#2012 J. Freeman. This is an Open Access article distributed under the terms of the Creative Commons Attribution-
Noncommercial 3.0 Unported License (http://creativecommons.org/licenses/by-nc/3.0/), permitting all non-commer-
cial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation: Vulnerable Groups & Inclusion. http://dx.doi.org/10.3402/vgi.v3i0.14834
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Literary review of a vulnerable group
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Literary review of a vulnerable group
and different assessment approaches fo- number of angles to examine this group,
cus on different aspects of intellectual one of the most common being to
functioning. This is also the case with the compare them with non-sex offenders
different forms and categories of below (Guay et al., 2005). But similar to above,
average functioning (e.g. cognitive defi- such studies have been limited by
cits, impairment, borderline) and it is methodological weaknesses or variability,
noted that this issue is particularly com- including the use of different assessment
plex given that individuals of average processes and the use of heterogeneous
intelligence can still have specific learn- samples (Guay et al., 2005).
ing deficits (Langevin & Curnoe, 2008). On the other hand, some recent re-
search has suggested that sex offenders
have lower levels of intellectual function-
Different types of offenders ing than non-sexual violent offenders,
In an effort to elucidate the complex particularly in the areas of vocabulary,
relationship between IQ and criminal comprehension, arithmetic, mathe-
activity, researchers have also attempted matics, letter-number sequencing, per-
to categorise offenders into subgroups. formance IQ and total IQ (Guay et al.,
Two large scale studies provided indica- 2005). In fact, Guay et al. (2005)
examined a cohort of incarcerated sex
tion that the offence of murder is dis-
offenders and reported that 35.7% of the
proportionately over-represented among
sample had IQ scores below 75, with
inmates with an intellectual disability
25.1% scored below 70. It is noted that
(Hayes & McIIwain, 1988; Jones &
an IQ of below 70 is often considered
Coombes, 1990). These researchers
indicative of cognitive impairment or
have also suggested that those with an
retardation (Flynn, 1985). The research-
intellectual disability are more likely to
ers concluded that sex offenders may
commit other types of offences, includ-
have 10 times the percentage with IQ
ing against property and person such as scores below 70 when compared to the
assault, arson and theft-related offences. normal population (Guay et al., 2005).
In contrast, offences that require a higher This finding has more generally been
level of sophistication (e.g. drugs, false confirmed with other research that has
pretences) are less likely to be committed indicated that sex offenders have lower
(Hayes & McIIwain, 1988; Jones & IQs than non-sex offenders (Cantor,
Coombes, 1990). While research has Blanchard, Robichaud, & Christensen,
focused on violent versus non-violent 2005), and this group are also at a
offences, a group that has recorded a greater risk of recidivism (Klimscki,
particularly large amount of attention are Jenkinson, & Wilson, 1994). Research
those convicted of sex offences (Hanson, has also begun to examine the emotional
Scott, & Steffy, 1995). This is because intelligence of adolescent sex offenders,
cognitively impaired individuals are over- with preliminary research indicating this
represented in the legal system, both in group score higher on aggression and are
regards to sexual offence victims as well less clear about their own feelings and
as sexual perpetrators (Griffiths & have a reduced capacity to manage
Martini, 2000). Research has utilised a unpleasant moods (Moriaty, Stough,
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Goggin, 1996; Lipsey, 1992; McGuire, tutorial programs are increasingly being
2002). Such treatment programs often implemented in a number of custodial
focus on increasing offenders’ ability to settings. Thirdly, there are many barriers
understand and express empathy, as a to responsivity, not least low intelligence
reduced capacity to empathise with vic- and poor literacy skills (Smallbone &
tims has been proposed to be a contribu- McHugh, 2010). While there is on-going
tor to offending behaviour (Jolliffe & debate in the literature regarding the
Farrington, 2004). Additionally, preli- extent to which programs need to be
minary research has suggested that the individualised to increase offender
most effective programs incorporate the responsivity, there is increasing consen-
three principles of ‘‘risk, needs and sus that lower functioning individuals
responsivity’’ (Andrews & Bonta, 2003). require more specialised programs to
‘‘Risk’’ relates to identifying high risk ensure the above three principles are
offenders, ‘‘needs’’ relates to ensuring met. As a result, specialised programs
the program meets the needs of the are being developed that are increasingly
offending subgroup and the ‘‘responsiv- catering for the needs of low IQ
ity’’ principle suggests that treatment offenders, however comprehensive
programs are most effective when they
evaluations of these programs are yet to
are designed in a manner that maximises
be undertaken and published. This is
therapeutic engagement (Smallbone &
vital given that preliminary research has
McHugh, 2010).
demonstrated that lower functioning IQ
All three factors are particularly im-
is associated with treatment attrition
portant for the current focus on this
(Lueger & Cadman, 1982; Marques,
vulnerable group of lower intelligence
Day, Nelson, & West, 1994), which is
offenders. In regards to risk, research
particularly concerning given that non-
indicates that priority should be given to
high risk offenders, and the above review program completion has historically
suggests this low IQ group are at an proven to be one of the best predictors
increased risk of coming in contact with of re-offending (Marshall, Anderson, &
the law. Secondly, the ‘‘needs’’ principle Fernandez, 1999).
is of particular importance as treatment
programs are most effective when they CUSTODIAL RELEASE
directly target the criminogenic needs of
the offending group (Smallbone & In regards to release from custody, there
McHugh, 2010). These often include is also a lack of published research into
risk and protective factors that can be the relationship between parole success
found within individual characteristics as and lower intellectual functioning.
well as offender’s social network. In Nevertheless, there remains the assump-
regards to this vulnerable group of low tion that probation is more commonly
IQ offenders, particular gains may be granted to individuals with higher intelli-
found in increasing this group’s numer- gence and greater educational/work his-
acy and literacy skills, as well as broader tory and capability. This is consistent
social functioning skills. It is noteworthy with the above mentioned research which
that literacy and numeracy screening and indicates individuals with below average
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intelligence are imprisoned for longer avoid high risk situations that increase
(Hermann et al., 1988; Mickenberg, the risk of re-offending. These indivi-
1981). A further problem for this vulner- duals are often confronted with an array
able group is that they are less likely to of social challenges when released (e.g.
impress the parole boards with compre- poverty, unemployment), which can ar-
hensive and realistic release plans, which guably place them at an increased risk of
clearly articulate how they will avoid re-offending (Borzycki & Baldry, 2003)
re-offending. In regards to the latter, or experience a poor quality of life
Relapse Prevention Plans (or Safety (Chung, Cumella, Wensley, & Easthope,
Plans) have become increasingly utilised 1999). Additionally, further research is
as a mechanism (within parole applica- clearly needed into this area to not only
tions) to demonstrate a high level of determine the most effective approaches
insight into the origins of an offence as to deal with below average intelligence
well as the ability to recognise and avoid prisoners who are incarcerated, but also
high risk situations in the future once whether alternative options such as in-
they are released from custodial settings. tensive correction orders are more
This places individuals with below suitable (compared to custodial environ-
average intelligence at a distinct disad-
ments) for some types of offenders e.g.
vantage. While there are external fee-
non-violent. There is scant research
paying services (e.g. lawyers) that provide
into this latter issue although anecdotal
assistance developing such applications,
reports naturally suggest that magistrates
questions remain regarding the availabil-
and judges are reluctant to incarcerate
ity of this fee-paying service to this
offenders who are vulnerable to the
vulnerable group.
wider prison population.
In some jurisdictions, it is noted that
custodial environments now include
Transitions-based courses which provide IMPLICATIONS FOR FUTURE
assistance for those who require addi- RESEARCH AND PRACTICE
tional support and direction when being
released from custody e.g. banking, se- Taken together, there is a need for
curing employment, etc. In broader further research into a range of different
terms, Offender Reintegration Support areas. These include: (1) the extent of
Services are also provided in some cus- lower intelligence prisoners’ incarcera-
todial environments for individuals who tion and the effectiveness of specialised
have higher needs transitioning back into rehabilitation programs, (2) this group’s
the community (particularly offenders functioning within prison, (3) their like-
with psychiatric histories) although there lihood of being approved a community
is again limited published research on supervision order (e.g. court-ordered
the effectiveness of these types of pro- parole) and (4) what services are
grams. What remains evident is that required to reduce the likelihood of
lower functioning individuals who are recidivism. To further determine
incarcerated are likely to require a higher whether low IQ has an influence on
level of personalised supervision once offending behaviour independently of
they are released into the community to other factors, variables with a known
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J. Freeman
factors throughout childhood and ado- Chung, M.C., Cumella, S., Wensley, J., &
lescence), as well as the development of Easthope, Y. (1998). A description of a
forensic diversion service in one city in
evidenced-based interventions to reduce the United Kingdom. Medicine, Science
the risk of recidivism for this vulnerable and Law, 38, 242250.
group in the future. The current review Crocker, A.G., & Hodgins, S. (1997). The
indicates that while individuals with criminality of non-institutionalized men-
tally retarded persons: Evidence from a
lower intellectual functioning are dispro-
birth cohort followed to age 30. Criminal
portionately represented in custodial set- Justice and Behavior, 24, 432454.
tings, further research is needed into a Culberton, F.M., Ferel, C.H., & Gabby, S.
range of areas including: the reason for (1989). Pattern analysis of Weschler
this over-representation, the identifica- intelligence scale for children-revised
profiles of delinquent boys. Journal of
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over-representation, the effectiveness of Cunningham, M.D., Sorensen, J.R., Vigen,
rehabilitation and release programs that M.P., & Woods, S.O. (2010). Inmate
cater for lower IQ offenders, and the homicides: Killers, victims, motives, and
circumstances. Journal of Criminal Justice,
development of best practice approaches
38, 348358.
for both the screening and custodial Demetral, D.G. (1994). Diagrammatic assess-
placement of this vulnerable group. ment of ecological integration of sex
offenders with mental retardation in
community residential facilities. Mental
Retardation, 32, 141145.
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