Forensic Psych Midterm
Cycle of Abuse
Abuse occurs-->Reconciliation/Making up --> Calm --> Tension-building
Calm
Abuser acts like the abuse never happened. No abuse is taking place. Some promises made during the reconciliation/making-up phase are being met. Victim hopes the abuse is over.
Reconciliation/Making-up
Abuser apologizes for abuse, promises it will not happen again. Blames victim for provoking the abuse. Denies the abuse took place or isn't as bad as victim claims. Gives gifts to the victim.
Appeals Court
A court whose role is to review the decisions and actions of the lower courts
Relevant-Irrelevant Test
A deceptive person will show stronger reactions to relevant questions, whereas truthful subjects will show no difference in their questions to relevant and neutral questions
Primary Psychopathy
A subtype of psychopathy in which the individual is free from anxiety and best represents a true psychopath. Prototypical type caused by an inherent deficit.
Junk Science
A term used in legal rulings to refer to expert testimony based on poor or unsubstantiated findings
Cognitive Distortions
A term used to describe faulty cognitions or thoughts often present in individuals with mental illness
Cognitive distortions
A term used to describe faulty cognitions or thoughts often present in individuals with mental illness
Successful Psychopaths
A term used to refer to psychopathic individuals who are unlikely to be incarcerated and tend to be more intelligent, come from high socioeconomic status, and commit white-collar crimes
Tension-Building
Abuser starts to get angry, minor incidents of abuse begin, communication breaks down. Victim feels the need to keep abuser calm. Tension becomes too much. Victim/family members feel like they are walking on egg shells.
Violence
Actual, attempted, or threatened physical harm that is deliberate and non-consenting, the cause of violence is the decision to act violently (intentional in the eyes of the law)
Four Factor Model of psychopathology- Hare
Added on: Criminal Behavior (adds back antisocial into model)
Psych expert's struggles against legal system
Adversarial nature, conclusions will be critiqued in a competitive atmosphere, public place, no support for expert when on the stand, very frightening experience
Contingency Fee
An agreement by which a professional, normally an attorney, receives a fee based on the outcome. For example, attorneys routinely receive a percentage of any damages recovered in a civil lawsuit but nothing if they are not victorious in court
Amicus Brief
An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court might otherwise miss. The person is usually, but not necessarily, an attorney, and is usually not paid for her or his expertise. An amicus curiae must not be a party to the case, nor an attorney in the case, but must have some knowledge or perspective that makes her or his views valuable to the court.
PTSD
An anxiety disorder precipitated by a traumatic event that leads to symptoms involving reexperiencing the events, avoidance of event-related stimuli, and increased arousal
Psychopathy defined by DSM-5
An enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture. Pattern is manifested in two (or more) areas: cognition (perception & interpretation of events), affectivity (range, intensity, lability & appropriateness of emotions), interpersonal functions, impulse control
Control Question Technique (CQT)
An innocent person will respond as much or more to the control questions as to the crime-relevant questions, the guilty will show more physiological responses to the crime-related questions than to the control questions
Psychological autopsy
An investigation to help determine the mode of death in equivocal cases (even if no criminal act is suspected) (see if get workers compensation, if victim was acting in "self-defense")
Are women likely to have had a relationship with stalker?
Yes
Is violence a rare event?
Yes, even in violent and aggressive contexts
Is there a relationship between psychopathy and criminal behavior?
Yes. It has been called the single biggest factor in the assessment of future violence. May be sufficient in risk assessment in certain circumstances. Large relationships between psychopathy & both general criminal and violent recidivism.
Criminological malingering
antisocial or oppositional motivation
1960's civil commitment to present
Anti-psychotic meds led to deinstitutionalization, drop in number of people committed to mental institutions. The presence of a mental illness becomes less important. Now a legal issue of dangerousness is the focus.
Most common personality disorder
Antisocial PD (47%) Also: Borderline PD (27%), Schizoid PD(27%), Narcissistic PD (14%)
Domestic Violence
Any aggression or violence perpetrated within the context of a significant relationship (dating, marriage, family)
Secondary gain
Any external that someone derives from suffering from a mental illness
Actuarial Risk Assessment Instruments
Approach to violence risk assessment that tends to be fixed and based on a mathematical foundation
Prevalence of substance abuse among incarcerated offenders
Around 50% of people
Other civil proceedings
competence to parent a child, to serve as a witness, to make medical decisions, to make or change a will
MacArthur studies on differences in psychosocial and cognitive capacities in individuals with different ages
Cognitive capacity (as defined as basic intellectual and executive functions) increased earlier than psychosocial maturity did. Cognitive capacity peaked and leveled off at age 16. Psychosocial maturity showed steady increase from age 16-30. Impulsivity, sensation seeking, future orientation, and peer influence showed development well into young adulthood. Risky behavior is more common later in adolescence and early adulthood.
Discrediting role of a psychologist
Come into court to evaluate the testimony or work product of an opposing expert
Ways to communicate risk
Communicate it in testimony or reports, in accurate and effective ways, in terms of risk management, identification of risk factors, and interventions to reduce possible violence, communicate in terms of categories (low, medium, high level of risk) rather than probabilities
Standards of competence
Competence to confess, to plead, to stand trial, to waive right to attorney, to refuse insanity defense, to be sentenced &/or executed
Ethics of Expert
Competence, informed consent and confidentiality, financial arrangements, multiple relationships
Competence vs. Insanity
Competence: present mental state, postpones adjudication, presence of mental illness not required Insanity: mental state at the time of the crime (retrospective), legal verdict of not guilty, requires presence of mental illness
Other types of criminal competency assessments
Competency to be executed, to waive Miranda rights, to refuse insanity defense
Other types of civil competency
Competency to treatment, to execute a will, related to guardianship
Clarity
Expert should be clear and understandable
Ultimate Issue Testimony
Expert testimony in which the expert gives a conclusion that answers the ultimate legal question, the question that is presented before the court
Criminal Profiling in the Court
Expert testimony on profiling is not likely to be admitted in court (Daubert standard) Despite the disagreement and ambiguities, profiling criminals can aid in both the detection and prevention of crime
Experts argue against serving as both a ? & a ?
Experts have argued strongly against serving as both a consultant and a testifying expert witness in the same case
Probative Value
Extent to which info is helping to prove a particular point or succesful in deciding an issue, used in the context of the prohibition of the admission of evidence that is more prejudicial than probative
Risk markers of stalkers
Extreme jealousy, possessive, need to control, absence of friends, poor social skills, show extreme emotional deregulation
5 important stressors that affect well-being
Extreme noise, heightened temperature, elevated levels of fear, filth, and overcrowding
Single most frequent cause of wrongful conviction
Eyewitness Identification
Role of examinee's perspective
FPsych: subjected to heavy scrutinee
Dahmer PCL-R Factor 1
Factor 1 Glibness/superficial charm 2 Grandiose sense of self-worth 2 Pathological lying 2 Lack of remorse or guilt 2 Shallow affect 2 Callous/lack of empathy 2 Failure to accept responsibility for actions 1 Conning/manipulative 2
2nd Factor of PCL-R
Factor 2 is often labeled as the socially deviant/antisocial lifestyle factor and consists of behaviorally based items such as impulsivity, etc.
Protective Factor
Factor that decreases the likelihood of violence
Status of polygraphs in courts
Federal appeals court divided regarding the admissibility of polygraph evidence, SCOTUS ruled 8-1 that polygraph results are not admissible in military courts (US v. Scheffer)
1st Gen of research on predicting violence
Few studies done, with most focusing on the relationship between mental illness and violence (people in psychiatric, forensic, and correctional settings awaiting release), Found: mentally ill are less prone to violence and have lower arrest rates, can't predict violence accurately
Process of civil commitment: Formal
File a formal petition to the court to order commitment with possible evaluation and commitment. Involves numerous protections: written notice of hearing, right to counsel, opportunity to call witnesses, right to a jury trial.Process is less adversarial, but some believe it's paternalistic. Average length of hearings is 12 minutes.
Corruption of Experts (7 reasons)
Financial Incentives, Extra-forensic relationships (family or psych association), attorney pressure (giving bad data, claiming that another attorney will do the job), political and moral beliefs (expert will only testify in cases that fit), Notoriety (get some limelight), Competition (sometimes between expert witnesses), Lack of recognition of bias
Goal of assessment in therapy
Getting proper diagnosis and treatment plan for the individual, relationship is one of care and support, review past records
Psychological abuse
Gross and enduring impairment of one's psychological functioning that significantly limits the meaning and value of one's physical existence
Lee Harvey's mother
Had a significant influence on him, unstable relationship patterns, overbearing, moved around a lot
Simple Obsessional Stalking
Had prior relationship, can't give it up. More likely to assault person and property
APA stance on adolescent maturity
Has been criticized as inconsistent, science has shown that adolescents are mature as adults
Problems with children eyewitnesses
Heightened suggestibility, increased errors
Support role of a psych consultant
Help explain the impact of someone's behavior on the jury and custody evaluation and support this person throughout the process
Goals of risk assessment
Help mental health professionals: make better decisions, improve consistency in decision making, protect safety, guide intervention, protect an individual's rights, liability management
Certainty
High confidence without too much
Correlation between APD & Psychopathy (and differences)
High: .55-.65 (psychopathy is not listed as a disorder in DSM-V, its diagnosis is more narrow and specific than ASPD)
Violence in US compared to other industrialized nations
Higher than most
5 Facets of Risk Assessment
Nature of violence, severity of violence, frequency of violence, imminence of violence, likelihood of violence
Competence as a witness
Need specific forensic experience in field that are testifying in
PCL-R No Factor
No factor Promiscuous sexual behavior 2 Criminal versatility 1 Many short-term (marital) relationships 2
Love Obsessional Stalking
No prior relationship, but have attraction and wish. Least dangerous type.
Effect of UIT
No significant effect in 1 study
Does reliability=validity
No, but higher levels of validity and reliability suggest that a procedure is sound enough to be used
Do experts testify a lot in court?
No, most cases are settled outside of court
APD & Psychopathy diagnosed together?
No. 90% of psychos have APD, but not all people with APD are psychos (15-30%)
Is the PCL-R applicable to youth?
Nope
Are polygraphs a generally accepted measure?
Nope, they continue to be excluded from court testimony today
Does psychopathy have a burnout rate like ASPD?
Nope. Psychopaths appear to commit higher rates of violence than non psychopaths even after age 40
The prevalence of psychopathology and mean score of PCL-R are higher in ------ samples
North American
Can you link evidence to behavior when testifying?
Not always, you need to stand by your psych standards
Durham Test
Not criminally responsible if his or her unlawful act was a product of mental disease or defect
Outcome of Oswald's treatment
Not much improvement because mom always found a way to avoid treatment, court ordered he receive mandatory psych care, so mom moved out of state. Also no clinics appeared willing to take Oswald.
PCL-R for African Americans
Not reliable or valid, but this is a current debate
Contact with the law begins process with juves, officers may:
Question, release, release without warning, take into custody, detain for an extended period of time
4 Guidelines to Forensic assessment report
Separate facts from inferences (distinction between conclusion and what the conclusion was based on), stay within referral question, avoid information over/underkill, minimize clinical jargon
Andreah Yates
She was drowned her five children, was sentenced to the death penalty but then because an expert witness provided false testimony, she was sentenced to life in prison. She was then retried and found not guilty based on her insanity, and was sentenced to a mental facility.
Situations in which we are good at predicting risk
Short periods of time, adequate information about past behavior, better when there is information about high base rates of violence (like in institutional settings)
Criticisms of the polygraph
Test is stressful and intrusive, examiners often rely on deceit to convince the subject that the test is accurate
Character Evidence
Testimony used to describe a person's general character and reputation in the community. It is in contrast to substantive evidence issued at a trial
Was Dahmer insane?
The Dahmer case is a prime example of one in which an obvious mental illness is not sufficient to establish an insanity defense Dahmer fully understood the criminality and legal consequences of his acts Professional opinions range from sane to insane, not very conclusive
Rationale for insanity defense
The act will not make the person guilty unless they have a guilty mind, removes or diminishes criminal responsibility from the defendant
Who is the client in an assessment?
The client is the examinee in therapeutic assessment In Forensic one, the client is the individual who seeks out the scientist and pays for the services
Anamnestic Risk Assessment
The complete case history. Based on a specific analysis of how a particular person has acted in the past or in similar situations
Consequences of Therapeutic Assessment
The design and implement of an intervention to reduce suffering
Evaluating competency to stand trial vs. plead guilty
To stand trial is not as exacting, but Dusky is used for both
Criticism of Frye
Too conservative, doesn't really allow for brand-new or novel scientific testimony, strongly criticized (allows for junk science), still operative in NY state
Two explanations of hypnosis
Trance induced by a skilled practitioner, heightened suggestibility
Treatment in forensic settings
Treatment to restore competence to stand trial Treatment after adjudicated and subject is incarcerated or institutionalized
Types of forensic consultation
Trial consulting, jury selection, review work of opposing experts, policy issues
District Courts
Trial courts in the US federal court system
Outcomes when incompetent
Trial delayed until competency is restored (sometimes with medication or other treatment)
System Variable in eyewitness testimony
Type of questioning, nature of lineup or photo array, presence/absence of videotaping of procedures
Insanity Defense BW
Unable to distinguish right from wrong, mentally incompetent and therefore excused from culpability
Age at which most juries don't prosecute people
Under age 7
Hypnosis Uses
Used to treat a range of psychological and physical disorders (e.g. obesity, smoking, addictions, pain, fears, asthma, and stress disorders)
3 Questions answered by psychological autopsies
Why did the individual do it? How and when did the individual do it? What might be the most probable mode of death?
Psych eval- Oswald by Dr. Hartog
Withdrawn, tense, complacent about others' thoughts about him. Personality disorder with schizoid and passive-aggressive tendencies. Introverted, but has violent/aggressive outbursts. Assigned to probation officer and recommended for treatment (but not committed to one, so just had to have intensive treatment sessions)
Sequential vs. Simultaneous lineups
Witnesses are more accurate in sequential lineups
Psychological self-defense
Would justify the use of deadly force if reason is to protect oneself from being destroyed psychologically
Wigmore
Wrote a fictional case that places Munsterberg on trial for libeling the legal profession --> psychology diminished and disregarded in the eyes of the law
Mary Kay Letourneau
female sexual offender. Had a relationship with a 13 year old pupil, gave birth to child from relationship
Biological basis for psychopathy
reduced fear (HR, skin conductance) in anticipation of aversive stimuli, reduced skin conductance when exposed to distressful people (crying). Cerebral cortex less active in psychopaths. Activation confined to occipital cortex-process information visually. Fail to use frontal cortex, limbic system, amygdala when processing emotional stimuli.
High PCL-R scorers
show more frequent and severe levels of violent sexual offenses
Hartog opinion on Oswald
spoke about his "potential for violence", fell short of institutional treatment
Values
standards for decision making
3 Types of Risk Assessment
Clinical, Actuarial, Anamnestic
Usual method of predicting dangerousness
Clinical, because of the immediacy of convern
Munsterberg 3 primary activities
"Found of Forensic Psychology" Demonstrated the fallibility of memory and eyewitness testimony Published "On the Witness Stand", raising position of psychological profession to one of importance in public life Offered testimony in highly publicized trials
Structured interviews
A clinical interview in which the interviewer is required to ask specific questions and follow specific procedures
Levels of forensic training
1. (highest level of proficiency) specialist clinician 2. proficient clinician 3. legally informed clinician
3 Factor Model of Psychopathy
1. Arrogant and Deceitful interpersonal style (grandiosity, manipulativeness, dominance) 2. Deficient affective style/experience (Callousness, unemotional, lack of remorse) 3. Impulsive and irresponsible behavioral style (Impulsivity, irresponsibility, sensation seeking)
1st Factor of PCL-R
1. Factor 1 is often labeled as the interpersonal/affective factor because it is composed of items that largely relate to interpersonal behavior and emotional expression
Characteristics of ASPD (pick at least 3 for diagnosis)
1. Failure to conform to social norms with respect to lawful behaviors 2. Deceitfulness (lying, use of aliases, conning) 3. Impulsivity or failure to plan ahead 4.Irritability and aggressiveness, as indicated by repeated physical fights or assaults 5. Reckless disregard for safety of self or others 6.Consistent irresponsibility (can't honor $ or work obligations) 7. Lack of remorse (rationalizing meanness, being indifferent)
Requirements for a tort to have taken place
1. Individual must owe a duty 2. That duty must have been violated 3. The violation of that duty must be the proximate cause of a suffered harm 4. The harm that occured must involved a legally protected right
4 Standards for Reliability
1. Is the theory testable & has it been tested? 2. Has the theory or technique been subjected to peer review or publication? 3. What is the known or potential error rate for scientific techniques? 4.Is the theory generally accepted in the scientific community?
Differences between a Therapeutic Assess. & a Forensic one
1. Object of Assess. Object of TA=examine person in order to diagnose & treat Object of FA: Assist the court 2. Relationships of parties. TA: examiner exhibits concern and offers support, has a strong rapport FA: Investigative role, not concerned on anything but objective things 3.Identity of client. TA: clear FA: sometimes unclear, most times the attorney or court 4. Consequences TA: intervention or treatment FA: financial reward, loss of freedom or life 5. Examinee's perspective. TA: heavily relied on FA: less accurate
Criteria for Civil Commitment
1. Presence of a mental illness 2. Dangerousness to self or others 3. Need for treatment
3 Components of Dangerousness
1. Risk factors (the variables that are used to predict violence) 2. Harm (the amount and the type of violence being predicted) 3. Risk level (the probability that harm will occur)
Cleckley (1941) Mask of Sanity 16 characteristics
1. Superficial charm and good intelligence 2. Absence of delusion and other signs of irrational thinking 3. Absence of nervousness 4. Unreliability 5. Untruthfulness and insincerity 6. Lack of remorse or shame 7. Inadequately motivated antisocial behavior 8.Poor judgment and failure to learn from experiences 9.Pathological egocentricity and incapacity for love- "emotional detachment" 10.General poverty in major affective reactions 11. Specific loss of insight 12. Unresponsiveness in general interpersonal relations 13. Fantastic and uninviting behavior with drink and sometimes without 14. Suicide rarely carried out 15.Sex life impersonal, trivial, and poorly integrated 16. Failure to follow through with any life plan
Grisso: all legal competencies involve four fundamental components
1. The right to make decisions that impact one's life 2. They acknowledge that some may not have the capacity to make these decisions and these instabilities may endanger them or others 3.They provide a legal procedure for determining these inabilities 4.Determination of these limitations justifies the States intrusion to protect the individual by limiting some of his/her rights
APA amicus brief for Roper v. Simmons, 3 aspects of adolescents that lessened criminal culpability
1. Underdeveloped sense of responsibility 2.Vulnerability to peer pressure 3. Underdeveloped nature of their characters
Reasons to use archival info
1. hard to fake & lie 2. Reduce likelihood of malingering due to secondary gain
6 factors important to mental health service goals
1.Mental illness recovery 2. Emotions management 3. Institutional functioning 4. Re-entry 5. Risk-need 6. Personal growth
16 characteristics of the clinical profile of a psychopath (Cleckley's)
1.superficial charm and good intelligence 2. absence of delusions and other signs of irrational thinking 3. absence of nervousness 4. unreliability 5. untruthfulness and insincerity 6. lack of remorse or shame 7. inadequately motivated antisocial behavior 8. poor judgment and failure to learn from experience 9. pathological egocentricity and incapacity for love 10. general poverty in major affective reactions 11. specific loss of insight 12. unresponsiveness in general interpersonal relations 13. fantastic and uninviting behavior with drink and sometimes without 14. suicide rarely carried out 15. sex life interpersonal, trivial, and poorly integrated 16. Failure to follow through with any life plan
Competency of juveniles
12 years old or younger, mental illness or mental retardation, lower level of intellectual functioning, deficits in memory, attention, or interpretation of reality
Non-overlapping items on PCL-R not in Cleckley
13. Need for stimulation 14. Conning/manipulative 15. Parasitic lifestyle 16. Poor behavioral controls 17. Early behavioral problems 18. Many short-term marital relationships 19. Juvenile delinquency 20. Revocation of conditional release
Cesare Lambroso
1836-1909 Father of modern criminology Biological approach
First instance of expert testimony- Brigman
1846, John Johnson killing Mrs. Bolt after sexually assaulting her
% rapes committed by male perpetrators under age 19
19
Tortorici Trial
2 examiners found him incompetent to stand trial. Transferred to another psychiatric, refused meds but accepted therapy, then this place declared that he was incompetent to stand trial. Prosecution psychiatrist deemed him not fit to proceed. Judge moves on anyway. He is found guilty and sentenced to life in prison (jury rejected insanity plea), no one doubted his mental illness, rather he did not meet the state's legal definition of insanity (debated if severe enough so that he couldn't understand what he was doing), threshold for competence is very low.
% of convicted sexual offenders that are women
2-5%
Prevalence of Competency issues
2-8% of all felony cases are evaluated, low threshold for competence (easy to be found competent, difficult to be found incompetent), only 20% of those assessed are deemed incompetent, these assessments are the most frequent type of forensic assessment
Competence Screening Test
22 item sentence completion test
% of stalkers who assault their victim
25-40%
Heilbrun's Model of Forensic Training
3 Training areas: experimental, clinical, legal 2 Approaches: research & scholarship, applied (assessment and treatment)
Tortorici end
3 years in prison and then committed suicide
APD in general & prison pops
3-5% & 50-80% (not reliable then if all prisoners have it)
Dahmer PCL-R total score
35 (definitely a psychopath)
% sexual crimes committed by juveniles
35.6% with peak of perpetration between 12 & 14. They are over a quarter of sexual offenders
Threshold/burn out age for Psychos
40 (only for nonviolent crimes)
% of sexual offenders characterized as SVPs
5-10
Age at which unable to form criminal intent
7-14
FRE 702
702: any expert testimony must be based on sufficient data, reliable principles and methods, and the reliable application of those principles and rules to the case
FRE 703
703: Testimony can be admitted if the principles and methods used by the expert are reasonably relied upon by others in the field
% of sexually motivated serial killers that have one or more personality disorders
86
% of Male stalkers in stalker population
87
Psychopathy
A clinical construct characterized by deficits in interpersonal and emotional functioning that increase the likelihood of the individual behaving in an antisocial manner
Forensic Psychology
A branch of psychology characterized as the intersection between the law and clinical psychology by which psychologists attempt to assist the courts in an attempt to resolve legal issues
Clinical Psychology
A branch of psychology focusing on the assessment and treatment of mental illness
Paraphilia
A broad class of mental illnesses characterized by abnormal sexual thoughts, urges, and behaviors
Sham Emotions
A characteristic often found in psychopaths in which they mimic emotional expression but do not experience the emotion itself
Juvenile
A child under the age of majority
Secondary Psychopathy
A form of psychopathy caused by societal disadvantages, and which includes the occasional expression of anxiety (which drives behavior)
Risk Management
A form of risk assessment in which the goal is not only to assess the propensity for future violence but also to reduce or manage that propensity so that it does not result in violent behavior. Focus on ongoing assessment of dynamic factors.
Relapse Prevention
A form of treatment used with sexual offenders in which the individual is taught to identify situations in which relapse or the commission is the sexual crime is likely to take place order to avoid those situations
Structured Professional Judgment
A form of violence risk assessment in which the individual uses a structured risk assessment tool that provides guidance regarding the risk factors to consider but does not require a definitive decision. Focuses on lists of important risk factors and general guidelines for evaluating those.
Reactive Violence
A form of violence that occurs out of emotion such as anger or fear
Clinical Risk Assessments
A form of violent risk assessment where the decision is based on the education and experience of the evaluator and is made without the assistance of any additional formal actuarial or structured assessment tools
Mens Rea
A latin phrase meaning "guilty mind" that is used to indicate intent to commit a crime. The presence of mens rea is a requirement for guilt in many crimes
Passive Avoidance Learning
A learning deficit that makes it less likely that psychopaths will inhibit behavior in order to avoid punishment
Police power
A legal doctrine that says state is obliged to protect society (was the move away from Parens Patriae "parent of the country" in 1955)
Sexual Predator
A legal term describing a sexual offender who is mentally ill and likely to commit a future sexual crime. As a result, this person is civilly commited after he or she serves his or her original criminal sentence to prevent a future sexual assault
Requirement to practice forensic psychology
A license as a practicing clinician or psychologist from the state in which you want to practice in
Antisocial Personality Disorder
A mental illness listed in the DSM that is characterized by antisocial behavior but is distinct from psychopathy.
Hired Gun
A negative term to describe an expert witness who testifies for a particular side in a trial and who may be willing to testify to anything that side wishes as a result of being paid for the work
Product Rule (1869)
A person is insane if the crime was the off-spring or product of mental disease in the defendent
Child Molester
A person who sexually assaults a child
Extrafamilial child molester
A person who sexually assaults a child who is not related to the molester
Intrafamilial child molester
A person who sexually assaults a child who is related to the molester, or is in the molester's family
Exhibitionist
A person who suffers from a paraphilia characterized by receiving sexual gratification from exposing one's genitals to others
Pedophile
A person who suffers from a subtype of paraphilia in which the individual reports thoughts, urges, or behaviors indicating sexual attraction toward prepubescent children
Objective tests
A personality test in which an individual is asked a question an expected to respond in a structured and direct manner such as on a rating scale or a true-false format
Projective tests
A personality test that involves the presentation of ambiguous stimuli. Makes the assumption that an examinee's overt responses reveal internal dispositions that are not easily discovered. Good because reportedly assess an examinee's deepest, most unobservable psychological characteristics and may be more difficult to fake. But, hard to standardize and administer.
Antisocial personality disorder DSM-V
A pervasive pattern of disregard for and violation of the rights of others occurring since age 15 as indicated by 3 or more characteristics.
Penile Plethysmograph
A phallometric method of assessment in sexual offenders that consists of assessing the individual's arousal to sexual stimuli through physiological devices
Therapeutic assessment
A psychological assessment performed to assist in future therapy or improve a person's psychological functioning
Risk Assessment
A psychological designed to identify the likelihood of a person committing violence in the future, along with the severity, imminence, and nature of that violence
Forensic Report
A report designed to answer a specific psycholegal question or questions
Validity
A scientific term related to accuracy of measurement, it = reliability as used in the courts
Reliability
A scientific term related to consistency and stability of measurement
Syndrome
A set of symptoms that occur together in a meaningful manner and typically have a triggering effect. Clusters of behaviors that tend to describe groups of similar people. In the courts, typically used to describe the psychological reaction of crime victims.
Hare psychopathy definition
A socially devastating disorder, intraspecies predators. Dangerous pattern of behaviors, not just serial murders, but violent crimes, property crimes, and sex crimes. It is a subset of sociopathy (aka ASPD). There is a stronger neurobiological component for the subset of sociopaths who are psychopaths, brain malfunction is probably the cause. Normal human feelings are absent, dangerous and without conscience.
Meta-Analysis
A statistical technique that allows for the quantitative combination of data from numerous studies
Unstructured interview
A type of clinical interview in which the interviewer does not follow specific questions or format. Good for establishing rapport & getting in-depth info, but inconsistent across people
Joint-degree program
A type of graduate program in which the student earns both a psychology degree and one in law simultaneously
Semi-structured interview
A type of interview that has a recommended format but does not need to be followed precisely. More reliable than unstructured but allows for less building of rapport, more limited
Paraphilia NOS
A type of paraphilia that does not fall under the specific diagnostic requirements of any other subtype of paraphilia, but that is a sexual disorder nonetheless, a paraphilia not otherwise specified
Torts
A violation of civil law
Battered Women's Syndrome
A woman's presumed reactions to a pattern of continual physical and psychological abuse inflicted on her by her mate.
Federal Rules of Acceptance of testimony
General acceptance and what ever is relevant and helpful to their trier of fact
Ethical Codes of Witnesses
APA Ethical Principles and Code of Conduct
Key differences between APD & Psychopathy
APD listed in DMV and Psychopathy isn't. APD is defined through primarily behavioral terms, while Psychopathy isn't (see Factor 1), therefor diagnosis of psychopathy is more specific. Difference in prevalence (APD higher in both general and incarcerated populations).
Problematic Police Procedures
Asking witnesses poorly constructed questions immediately upon discovering the crime Allowing one eyewitness to overhear the responses of other witnesses Taking "spotty" notes of witnesses' answers (not writing the whole thing) Using investigators who have little training in interviewing or the psychology of memory
Neuropsychological tests
Assessment for underlying brain deficits that may affect psychological abilities such as planning, memory, and attention. Sometimes used to evaluate competency for trial
Narrow definition of Forensic Psychology focusing on
Assessment, treatment, consulation
Crime rate for aggravated assault, sexual assault, and murder by juvenile offenders
At a 30 year low
Ralph Tortorici basic facts about him
Born with hypospadias (unique delusions), diagnosed paranoid schizophrenia (multiple hospitalizations). Took hostages in NY and killed some.
Insanity Reform Act (1984)
Bars experts from testifying in federal insanity cases
Clinical knowledge
Based in the expert's knowledge and experience, not just statistical or actuarial information
Actuarial Risk Assessment
Based on a statistical scheme or formula. They are formal, objective, and have a statistical basis. (ex: PCL-R, VRAG, Sexual Violence Risk-20)
Clinical Risk Assessment
Based on clinical experience and judgement
Canadian competency to stand trial
Because of a mental disorder the defendant lacks fitness (unable to understand nature of charges, to object to proceedings, to understand the consequences of proceedings, to communicate with consel)
Correctional psychology
Branch of clinical psychology that focuses on the application of clinical psychology to individuals incarcerated in jails and prisons
Pros of Clinical Interview method
Broad range of data that can be collected somewhat easily
Juvenile Delinquency
Behavior that violates criminal law committed by individuals who are not adults. Juvenile offenses range from status offenses to murder. The incidence of juvenile crime is currently at low levels, but the public believes it is high
Risk factors for juveniles to re-offend
Being acquainted with the victim, having no treatment, a less sever initial offense, young age of offender
Conflict of lawyers and expert witnesses
Best strategy for the client vs. what is actually scientifically valid
How to detect malingering
Clinical interview. Look for signs: lots of deliberating before answering, endorsement of only obvious symptoms of given mental illness, choosing words very carefully, inconsistency in reports
Ways to assess competency
Clinical interviews, mental status exams, psychological tests (intelligence and other tests of cognitive abilities, MMPI and other objective tests), reviews of collateral information, competency self-tests (specialized forensic instruments (forensically relevant tests or instruments)
PLC-R reliability
Can be skewed by the side of the psychologist (higher for experts retained by the prosecution). Does not accurately predict recidivism
Other opinions on Oswald
Carro claimed nothing stood out, Donald W. Hastings (without direct examination) labeled Oswald schizophrenic, Presidential Assassination Syndrome, Evelyn Siegel felt treatment could help
Prejudicial
Causing harm or injury, introducing bias, normally used in the context of the prohibition of evidence that is more prejudicial than probative
Freud
Cautioned Austrian judges that their decisions were influenced by unconscious processes Claimed insights from his studies could be used to understand criminal behavior and improve the legal system
Protective Factors
Characteristics that reduce the likelihood of someone committing violence or other crimes in the future
Static Factors
Characteristics used to assess violence risk that are normally inflexible and do not change. Static factors are often called historical factors. (ex: gender, race, history of violence, age of 1st violent incident, relationship instability, employment problems, psychopathy, early maladjustment, personality disorder, prior supervision failure)
4 C's of effective Expert Testimony
Clarity, Clinical Knowledge, Case-specificity, Certainty
Generating Criminal Profiles
Comprehensively study the nature of the criminal act and the types of people who have committed similar offenses in the past, analyze details of crime scene, examine the background and activities of the victims in depth, formulate possible motivations for all involved, develop description of the perpetrator based on the crime scene and past criminal's behavior
Idiographic
Concerns the study of specific unique events or individuals and normally is used in the context of violent risk assessment
Guy Montrose Whipple
Conducted classic experiments relating testimony and evidence to perception in memory
Pros Daubert
Consistent with the Federal Rules of Evidence, qualified experts can testify, general acceptance AND what ever is relevant and helpful to the trier of fact
Georgia Court Competency Test
Consists of 21 questions that cluster around general & specific legal knowledge, and courtroom layout
Assessment
Consists of an evaluation of an individual in an attempt to assist the courts in addressing a legal question
What is risk defined by consumers, others, providers
Consumers: malpractice results in suicide Others: violence or abuse, random or planned Providers: Client violence or charge of malpractice
Persistor
Continue committing violent behavior
Status of syndrome evidence today
Continues to be admitted in court, but some worry that it will lead to a lower level of scrutiny. General lack of validity to these syndromes, hard to accurately use in court, isn't very logical (white, wealthy, takes care of children doesn't have Mauchensun by proxy, but s/o with M by proxy is usually white, wealthy, takes care of children). Lots of false positives
Risk Assessment in the Court
Courts still ask for predictions, despite the empirical evidence that psychologists and psychiatrists are not accurate in predicting violence (2/3 are accurate nowadays)
Competency in the courts
Criminal proceedings should not continue against any person who is not able to understand their nature or purpose
Challenges to expert testimony
Cross-examination, opposing expert, judicial instructions
Point of Dahmer's zombie-making
Crude brain surgery Drilling holes in skull Pooring in acid Aim: Slave like companions "So they wouldn't remember to leave."
Crimes which can only be committed by juveniles (status offenses)
Curfew, school truancy, underage drinking, bullying
Grave disability
Current deficit in ability to care for self or basic needs. In most jurisdictions this is enough for commitment. This is the most frequent reason for civil commitment and most frequent age group is (21-35).
Mental illness (medical definition)
DSM list of disorders generally accepted in the field as constituting a mental illness
Dangerousness in civil commitment
Danger to self & to others. Generally understood to be bodily harm, however could mean harm to property, financial or other interests, and emotional harm. Some jurisdictions require an overt act, others "imminent risk"
Factors that influence expert witness credibility
Dressing professionally, familiarity with the courtroom, maintaining good eye contact, projecting your voice, and demonstrating composure in the adversarial context, hired gun effect
Goal of treatment in forensic settings
Decrease symptoms and suffering, decrease likelihood of recidivism, in correctional settings, goal is to decrease suffering, make prisoner more manageable and rehabilitate
Guilty but mentally ill verdict
Defendant is sent to treatment center and is provided treatment until he or she is
Criticism of BWS
Defense of women at trial (attorney behavior, witness preparations), perpetuating stereotypes (passive, helpless woman), BWS pathologizes women, many of whom have reacted justifiably to their plight
Psychopaths, interpersonal/affective aspects
Deficits in ability to sustain human connection, less sensitive to emotional expression, stories generated are more superficial and void of deep meaning, fewer behavioral gestures, difficulty processing and understanding emotion (particularly negative emotion, use sham emotions to control individual or situation)
Problems in accuracy of risk assessment
Defining the nature of the violence (verbal or physical aggression, legal convictions), getting accurate follow-up data, measurement of violence, low base rate of frequency of violence
Erotomanic (5%)
Delusional belief that a relationship exists
Louis William Stern
Demonstrated the rapid rate of early memory loss
Roles of a forensic psychologist in domestic violence cases
Describe the nature of domestic violence, predict future violence, recommended interventions for perpetrator and victim, predict outcomes of interventions
Evaluation of Competency to Stand Trial- Revised
Designed to assess the legal standard for competency articulated in Dusky as well as providing a systematic method for screening feigned incompetency. Scales assess 4 domains: Factual understanding of court proceedings, rational understanding of court proceedings, consult with counsel, overall rational ability
Criticisms of guilty but mentally ill verdict
Differing definitions and incarceration decisions from state to state, difficulty distinguishing NGRI and GBMI, has not led to reduced NGRI acquittals, does not ensure that offenders receive affective treatment
Cognitive and Learning deficits in psychopaths
Difficulty learning from their mistakes, problem with passive avoidance learning (inability to learn from behaviors that punish). It may be that they are hypersensitive to rewards leading to a narrowed attention focus
Desistor
Discontinue violent behavior before transition to adulthood
M'Naghten Rule (1843)
Disease or defect, did not know the nature or quality of what he was doing, did not know that what he was doing was wrong (cognitive test of insanity, fails to consider impulse)
Three Approaches to Criminal Profiling
Distinguishing the evil person, determining common characteristics (childhood experiences, MMPI profiles)
Battering vs. Domestic violence
Domestic violence is less severe and bi-directional.
Way to reduce subtle and unintentional influences during lineups
Double-blind lineup: have lineup presented by someone who knows nothing about the case
Guideline for autopsies
Empirical criteria for determination of death (ECDD) Checklist of 16 behavioral descriptions
Estimator Variables in eyewitness testimony
Environmental factors and intrapersonal factors
Factors that influence prevalence
Estimates vary. Use clinical samples, community samples, and criminal justice statistics
Role of Forensic Psychologist in Juvenile Cases
Evaluating treatment amenability (identify treatment needs), providing treatment (multi-systematic therapy), transfer evaluations, competency evaluations, insanity evaluations, risk assessments
Where most $ in forensic money is spent
Evaluation, adjudication, treatment of people who have competency issues
Educational vs. Evaluative appraoch
Evaluative is better
Syndrome Evidence
Evidence increasingly being admitted into courts that refers to a set of symptoms occurring together in a meaningful manner and typically having a triggering effect
Substantive Evidence
Evidence used to prove an issue before the court. It refers to the typical evidence admitted into a court of law and is in contrast to character evidence that is not directly related to the in-court issue but instead relates to the reputation of a person
Malingering
Exaggerate or feign illness in order to escape duty or work, in criminal cases, to get out of a harsher punishment
MacArthur research and APA's stances in cases
Findings supported APA's standings. Hodgson: adolescents and adults perform comparably on cognitive tests (reasoning on moral, social, and interpersonal matters). Simmons: adolescents and adults are not comparable in maturity (impulse control, resistance to peer pressure)
Circuit courts
First level of trial courts in the state court system
How MacArthur study differed from others
First study to include: cognitive and psychosocial measures, ethnically and socioeconomically diverse groups, research from preadolescence through young adulthood. Measured cognitive capacity basic intellectual, and psychosocial maturity. Had 5 collection sites.
First juvenile court established in Chicago (1899)
Focus in on rehabilitation, not punishment (academic assistance, mental health, adult supervision, restitution)
Specialized programs
Focus on a specific issue or area such as substance abuse, anger control, personality disorders, sexual offending, or criminal thinking errors
Juvenile Justice for Oswald (before Kent & Gault)
Focus on rehabilitation (full faith in the idea that adolescence is a developmental period). Juveniles did not have today's due process rights, but weren't held to the same standards as adults. Non-adversarial (no "winning" side, the goal of all parties was to rehabilitate the juvenile). Strong belief in early intervention. It was thought that juveniles were incapable of taking responsibility for their own actions, strict punishments were viewed as slightly necessary. The focus was on offender, not offense. Courts took a holistic approach (roles of family, court, and community)
3rd Gen of research on predicting violence
Focus on the individual and contextual variables that relate to violence, compared those who committed violence with those who did not, followed formerly hospitalized patients
Outpatient therapy
Focuses on adjustment and coping problems, anxiety and depression that are the result of daily living. Skills: identifying effective coping strategies, eliminating cognitive distortions, and general symptom management
Maintenance
Focuses on chronic mental health issues that are not likely to be resolved completely in the prison or jail context
Assessment in FPsych
Forensic assessment's goal is making conclusions about the psychological functioning of the examinee in order to inform the court
Criticisms of Durham
Forensic experts don't agree on what constitutes a mental disease or defect, considered the most liberal insanity standard
Outcome of Tortorici's question of competence
Found fit to stand trial
Thorough psychological evaluation of abuse
History of the relationship, history of abuse, attempts to leave relationship, woman's feelings about the abuser, verification of self-reports through medical records and interviews with others
Distinguishing between Simmons and Hodgson
Hodgson: 14th amendment case, involving due process clause, key issue: competence of adolescents to make responsible health care decisions Simmons: 8th amendment case, involving cruel and unusual punishment, key issue: maturity of adolescents relative to adults in "criminal blameworthiness"
Leading cause of death for Hispanic and African-American adolescent males
Homicide
Daubert Criticism
How will judges who lack scientific expertise evaluate this testimony? Does Daubert open the door to "junk science"? Or does it do opposite?
Need to consider 2 contexts when evaluating adolescent maturity
Hurried decisions, emotional decisions, and impulse decisions are less like adults. Deliberate decision-making is more adult-like
Recidivism
If a convicted person repeats an offense, this is usually the basis on which treatment success is measured
Stevens & Backmun challenge to court in Godinez
If competence is "assist in preparing defense" and "consult with counsel" then these are no longer relevant when counsel is not present
General acceptance
If the specific field of psych accepts the theory or procedure as accurate
Self-defense BW
Imminent danger (subjectively vs. objectively perceived), justified use of lethal force
Common Errors in Lineup
Implying that the criminal is definitely in the lineup, Pressuring the witness to make a choice, Asking the witness specifically about the witness, not the foils (confirmation bias) Encouraging a loose recognition threshold (asking if anyone seems "familiar" Making it obvious which is the suspect Confirming that a witness's choice is "right")
Notes on insanity
Important to recognize that insanity is a legal term, not a psychological or psychiatric designation The presence of a mental illness is central to many laws that define insanity but is not necessarily sufficient to establish an insanity defense
Divisions of Factor 2
Impulse Lifestyle & Antisocial behavior
Dahmer PCL-R Factor 2
Impulsivity 2 Irresponsibility 2 Need for stimulation 2 Parasitic lifestyle 2 Poor behavioral controls 2 Early behavioral problems 2 Juvenile delinquency 2 Revocation of conditional release 1
Juvenile risk factors for non sexual violence
Impulsivity, hyperactivity, poor behavioral control, risk taking behavior, attention problems, low intelligence, poor educational attainment, gang in neighborhood, urban setting, availability of guns and drugs
1789 Judiciary Act
In all courts of the US, the parties may manage their own causes personally or by the assistance of... counsel
Archival information
Information obtained from outside sources such as mental health institutions, prisons, schools, or physicians that is often used to verify psychological testing or firsthand reports in psychological evaluations
Type of violence mainly used by Psychos
Instrumental (but not sure since have poor behavioral controls). Less likely to murder. Most intense when drinking
Divisions of Factor 1
Interpersonal & Affective
Polygraph Uses
Interrogate criminal suspects, periodically review international security personnel
Common errors in interviewing
Interrupting witness, asking too many short-answer questions, using inappropriate sequence of questions, failure to recognize the dynamics of the interview (demand characteristics; leading, repetitive, or multiple-choice questions; unconscious transference
Fitness Interview test-Revised
Includes questions on understanding of the proceedings, understanding of the consequences of the proceedings, and the defendant's ability to communicate with counsel
Protective Factors for Juvenile Delinquency
Increasing demand for assessment that focus not on weaknesses or deficits, strength-based assessments focus on factors that reduce the risk of future offenses (intelligence, negative attitudes toward delinquent behavior, personality traits (sociability, positive temperament), positive family influences, educational achievement (willing) and school orientation, prosocial peers
Voyeurs
Individuals who suffer from a paraphilia characterized by receiving sexual gratification from recurrent viewing of sexual acts or the sexual organs of others
Frotteurists
Individuals who suffer from a paraphilia characterized by rubbing one's genitals on unsuspecting victims in public places
Civil Commitment
Involuntary hospitalization or mandated treatment of an individual who is mentally ill and in need of care. The person is found to be incapable of rational conduct and/or lacking in ability to manage his/her own affairs. As a result, the person is believed to be a danger to self or others. The state has right and duty to act in a parenting capacity when the individual is unable to care for him/her self. Applies to minors, the elderly, and the mentally ill.
Psych's effect on Law
It doesn't make decisions, it informs them
Difficulty in determining insanity
It is a legal concept that may vary from one jurisdiction to another, requires a retrospective assessment of the person's mental state at the time of the offense (months prior)
who decides competency to stand trial?
It is decided by the judge, who often defers to the opinion of the examining psychologist or psychiatrist
Informed consent and confidentiality
It is important that the examinee recognize the limits of confidentiality in a given case and that they know it is different than a client-therapist relationship (not as protected)
Parens Patriae (juve cases)
Judge has wide discretion to take charge of the child's life, basis of therapeutic jurisprudence
Probable reason that psychopathology isn't listed in DSM-V
It requires subjective judgments about interpersonal/affective characteristics (Factor 2) and DSM-V focuses on objective behavior
Criticism of CQT
It's extremely difficult to devise control questions that ensure the eliciting of stronger reactions in an innocent than would the relevant questions relation to the crime of which they have been accused
Conflicts Tactics Scale-2
Items assess three areas of aggressive behaviors seen in domestic conflicts: Physical, sexual, psychological. Items assess severity of injury, sexual coercion, and positive negotiations.
Wild Beast Test
Judge Tracy: an insane individual is deprived of understanding and memory and is no more aware of what he is doing than an infant, brute, or wild beast
Reasons for the courts' reluctance to rely on empirical research
Judges are conservatives and social scientists tend to be liberal Judges are self-confident and do not believe that they need assistance from non-lawyers Judges are human, and it is human nature to be unscientific Judges are ignorant of, inexperienced with, or do not understand empirical social science Judges perceive science as a threat to their power and prestige Law and social science are rival systems with competing logistics
Colin Ferguson
Killed a lot of people, plaintiff argued that Ferguson's insistence on representing himself and not pleading insanity demonstrated his psychological incompetence to stand trial, but the court rejected this and found Ferguson competent to stand trial. Did a pretty good job, demonstrated intelligence and less mental illness. Is slightly delusional, believes that there is a huge conspiracy against him.
Legal system's criticisms of psychology
Lack of ecological validity of psychological research Going beyond the data to make moral judgments Intruding upon the legitimate activities of the legal systems
Risk factors for Oswald
Lack of stability in home, truancy, no positive peers, personality disorder with schizoid and passive aggressive features, refusal of psychiatric treatment, rejection from the system, unstable adult life-communism and the Soviet union
1950's civil commitment
Large, public, and private institutions were the norm, mental health professionals acted on their own authority signed people in, abuses existed
Amicus Curiae
Latin for "friends of the court". It refers to a legal brief written by a neutral party that is intended to aid the court in arriving at a decision
Common Law
Law based on custom and traditions present in many countries that were previously ruled by Britain
Statutory Law
Law created by legislative branches of government. It is in contrast to case law that is created by the courts
Criminal Law
Law that focuses on disputes between individuals and society in general. The state or government is the representative of society in criminal law and brings charges against an individual for violating it
Civil Law
Law that focuses on disputes between two individuals as opposed to criminal law, which focuses on disputes between an individual and society. Civil disputes usually involve personal injury or property damage
Differences in pursuits of truth in psych vs. the law
Law: Stare decisis, adversarial system, resistant to change, hierarchal, descriptive, definitive, idiographic, founded on individual cases Psych: empirical method, experimentation w/research, embrace change, shifts in time, prescriptive, probabilistic, nomothetic, founded on law
John Caroll Goals of the law and social science can be in conflict
Law: issues of morality, social values, social control, and justifying the application of abstract principles to specific cases, inductive reasoning Social Science: Issues of knowledge, truth, and deriving abstract principles from specific cases, deductive reasoning
Components of BWS
Learned helplessness, lowered self-esteem, feelings of worthlessness, impaired functioning, inability to plan, loss of assumption of safety, fear and terror, anger and rage, diminished alternatives, cycle of abuse, hyper-vigilance, high tolerance for cognitive inconsistency
Opposing Expert Effects
Less of an emotional toll on the expert, increased cost of the trial, leave the judge and jury confused, taking focus off trial and putting it on the experts
Role of expert witness
Liaison to field of psych, share information that is relevant to their side
Structured Professional Judgments
List of important risk factors and general guidelines for using those risk factors (HCR-20)
Judicial Instructions
List of instructions that a judge reads to a jury before discussion of the case, can express need for scrutiny or frame testimony in a certain manner. Empirical research shows that jurors have a hard time applying these instructions.
Assessing Malingering
MMPI-2, Malingering probability scale (MPS), Structured interview of reported symptoms (SIRS), M test, Malingering scale (MS)
Extracting Specific Characteristics (criminal profiling)
MO (modus operandi): standard procedure Signature: unique, personal aspects of the criminal act, often indicates the need to express violent fantasies
How a complaint against child is processed
Made by parents, teacher, or community member, then officers from the juvenile probation office investigate complaint and decide if evidence exists to bring charges or dismiss case
Role of evaluator
Make sure that examinee knows that their answers won't be kept confidential, evaluate: competence, brain functioning, psychopathology
Adaptational malingering
Makes a constructive attempt, at least from the feigner's perspective, to succeed in adversarial circumstances
Hired Gun Effect
Making experts appear less credible because the experts have been paid by a given side to testify
Types of treatment in Forensic settings
Management, maintenance, outpatient programs, specialized programs
Other factors for DV
Marital satisfaction, vulnerable times for women (pregnant, ending the relationship), childhood exposure to DV, age, SES, race/ethnicity
Experts in BWS cases
May address reaction to trauma: psychological distress or dysfunction, cognitive reactions, relational disturbances. Assess risk of future violence (super important because the victim may continue to be available to the perpetrator). Possible treatment for abuser.
Consequences Forensic Assessment
May be loss of life or liberty, financial gain (settlement of personal injury cases or disability payment)
Consultation
May consist of making a phone call to a respected colleague to talk over a particular issue or even paying another expert in a particular area for his or her time to discuss your report and review it
Wechsler Adult Intelligence Scale-IV (WAIS-IV)
Measure the intellectual capacities of someone. SCOTUS has ruled that mentally retarded people can't be given the death penalty (IQ<70)
MacArthur Competence Assessment Tool-Criminal Adjudication
Measures the person's competence to plead guilty as well as the ability to go to trial; more structured than the CAI and uses an objective, theory-based scoring
Process of civil commitment: Emergency
Mental health professional or law enforcement officer authorized emergency commitment. May allow hospitalization from 24 hours to several days. Less formal with fewer proceedings. May lead to formal and extended commitment process.
Evaluating for competency
Mental illness doesn't have to be present. Focus is on present.
Evaluating for insanity
Mental illness is present. Focus is on past.
Evaluating for civil commitment
Mental illness is present. Focus is on present and future.
Forensic Assessment (additional requirements)
Must clarify and address the legal question and assess whether forensic psychology has something to offer in a specific situation
Nietzel et. al study on impact of Psych testimony
Modest impact of expert testimony across these different types of cases of expert testimony
Childhood of Lee Harvey Oswald
Mom divorced 3rd husband (refused to testify in court), led to a change in behavior. Nomadic lifestyle. Active & bossy child, developed a withdrawn personality. Antisocial, very few friends. Very little supervision, had to fend for himself. Quick to anger. Skipped school a lot.
Punishment is defendant doesn't understand reason?
Moot
Characteristics of a female psychopath
More likely to be violent to family members in her own home. Has underlying predispositions towards ASPD behavior. Women are more likely to have an internalizing disorder.
Battering
More severe than domestic violence. Significant psychological abuse. Power and Control. Involves social and financial inequalities.
Profile
More specific than a syndrome, used to predict behavior because someone matches a particular list of characteristics drawn from the syndrome
Risk-Need-Responsivity
Most effective treatment model, not more expensive for prisoners
Informed Consent
Most important for an expert, it is their ethical responsibility to obtain this from examinee
Who is treated and for what?
Mostly men, for violence-domestic or sexual, impulsive acts, non-violent (rob), substance addiction, any variety of mental disorders
2nd Gen of research on predicting violence
Move away from predictions that someone is a "danger", focus more on clues and factors that predict risk and are associated with violence (demographics, personal factors, psychopathy, clinical symptoms, contextual factors). Focus on short-term predictions.
Costs to society of Psychopathy
Multiple broken relationships, multiple children from multiple partners not provided for, police time, court time, prison time, social worker time, probation and parole officers.
On the Witness Stand (1908)
Munsterberg, wrote a book encouraging the use of a variety of psychological findings in court, but it was overly optimistic
Admissibility of Expert Testimony
Must be legally permissible or admitted by a judge
Lee Harvey as a teen
Obsessed with communism (during time when Russia was a threat to US), mother prevented him from enlisting in marines, tried to gain citizenship in Soviet Union, suicide attempt when request denied. Series of inconsistent behaviors.
Cross-Examination
Occurs after a witness has testified and the opposing attorney is able to question the expert directly. Battle of control between the witness and the attorney
Largest correlation to future behavior (for adolescents)
Offense history, specifically: age at first offense, number of prior arrests, number of prior commitments, severity of crimes, length of first incarceration
Juvenile "crimes" as status offenses instead of crimes
Offenses are based on age
Dahmer MO (mode of operation)
Offering money for posing for nude photographs Drugging with sleeping pills Attempts at "zombie making" After death: dismemberment Freeze/eat body parts
Show-up
One person lineup
Legally informed clinician
One who does not call himself a forensic psychologist but who is educated in fundamentally forensic ideas, as the law applies to even basic practice in clinical psychology
Dangerousness
One who indicates by word or deed that he/she is more likely than most people to do serious harm or act in a way that is likely to result in serious harm. Propensity to cause serious physical injury or lasting psychological harm (or threat of repitition)
Common myths about battered women and those who batter
Only affects a small percentage of the population (FALSE), middle-class women are not battered as frequently or as violently as poorer women (FALSE), Minority women are battered more frequently than Anglos (FALSE), Batterers are violent in all of their relationships (FALSE), The batterer is not a loving partner (FALSE), police can protect battered women (FALSE), Battered women can always leave home (FALSE)
Case-Specificity
Opinions geared towards matters of the case
Top 10 problems with assessments
Opinions without sufficient explanation, forensic purpose unclear, organizational problems because information was presented in a disorganized manner, irrelevant data or opinions for referral question, failure to consider alternative hypotheses, inadequate, over-reliance on a single source of data, language problems, extraneous comments, improper use of tests
Relationship of BWS to PTSD
PTSD is in the DSM as a clinical diagnosis. Some view BWS as a subcategory of PTSD. Both share symptoms of helplessness and depression following the traumatic incident. Dutton and Blackman emphasize the variety of reactions and caution against the tendency to "over-clinicalize" the victims of abuse
Family related risk factors for non sexual violence
Parent with criminal history, parenting practices (disrupt attachment, poor supervision, child abuse), low SES, family conflict
Jeffrey Dahmer at risk background
Parents (bad attachment) Sexual abuse Alcohol abuse Cruelty to animals Fire starting
Ultimate Issue Testimony w/Judges
Participants prefer ultimate opinion testimony even thought FRE and state law bar it from federal insanity cases
Balance of risk assessment
People need to be protected from violent individuals, but these individuals have the right to be protected from harassment by authorities and from arbitrary arrest and detention based on mere suspicion
ALI Standard/Brawner Rule
Person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law. Volitional aspect of insanity, an individual may know the nature and quality of an act and understand the wrongfullness but may not be able to resist the impulse to act Note: mental diseases or defect characterized by repeated criminal behavior are excluded
Criminal Profile
Personality and motivations of the offender, including characteristic ways of committing crimes and treating their victims. Extent of serial criminal behavior. False stereotypes and simplified assumptions.
Consequences to the victim of domestic violence
Physical injury, psychological injury, femicide
Abuse Occurs
Physical, sexual, emotional
Specifically violent risk predictors for juveniles
Positivity/negativity of peer interactions, job satisfaction
Processing a child case in the courts
Probation officer prepares formal report that becomes basis for intervention plan. Then there is a hearing to determine the disposition of the case. If the juvenile is found to be delinquent, the judge imposes sanctions and/or additional evaluations. Child will be ordered into treatment or to comply with interventions outlined by the court.
Characteristics of Unsuccessful Treatment Programs
Programs that focus on subcultures, punishing the offender, directs efforts toward non-criminogenic needs, does not address the multiple causes of offending
English competency to stand trial
Prohibition against trials in absentia
Items that don't load onto a checklist
Promiscuous sexuality, many short-term marital relationships, criminal versatility
Tortorici Appeal
Prosecutor's psychiatrist found him not fit for trial thus it was the duty of the court to further determine competence. Court of appeals affirmed his conviction, thought that judged moved forward appropriately since the defense attorney had a desire to move forward.
Oswald's juvenile justice, role of community
Provide the necessary treatment/punishment through proper facilities and resources
Procedures in competency to stand trial
Question raised by trial judge. Defendant must be able to accurately communicate, need fairness and due process, integrity of the process must be preserved
Recommended interventions for perpetrator & Victim
Psychoeducational interventions for perpetrator & victim: education about subjugation of women, Duluth Model (Power & control wheel), Cognitive-Behavioral interventions for anger management. Community-based and criminal justice interventions
Forensic Assessment intruments
Psychological measured intended for use in forensic contexts
Specialized forensic instruments
Psychological measures directly relevant to a specific legal standard and the abilities that relate to that legal standard
Forensically relevant instruments
Psychological measures that focus on clinical issues, which are more common in the legal system, such as psychopathy or future violence, but that have not been designed specifically to be used in the legal system
Policy Evaluator
Psychologists who use their training in research methodology to assess the effectiveness of government policies, regulations, and laws.
What determines the truth, psychologists, police officers, attorneys and judges
Psychologists: collection of data Police Officers: Personal observations and experiences Attorneys and judges: "Truth" may be irrelevant, will emerge through facts presented
Juvenile Justice at the moment
Punitive focus (although it does recognize that adolescence is a time for development), juvenile's rights are roughly analogous to adult offenders. Parens Patriae in full effect. Adversarial process.
Proficient clinician
Receives specialized training in forensic psychology, such as course work and clinical training in forensic hospitals, prisons, etc., preparing forensic assessments, participating in trials. Can engage in limited forensic work
Trial Consulting
Refers to aspects of psychology that are more frequently performed by social psychologists rather than clinical psychologists
Competence
Refers to the ability to understand the nature and purpose of court proceedings, and it is applicable at every stage of the criminal & Civil justice process
Nomothetic
Refers to the study of universal or general scientific laws that are applicable to groups of people. The term is frequently used in violence risk assessment to contrast with idiographic decisions made about individuals
Insanity Reform Defense Act
Removed volitional (using one's will) prong of Brawner, barred ultimate issue testimony from forensic psychologists, burden of proof is now on defendant to prove he was insane, standard of proof changed to clear and convincing evidence for the defendent
Rate for female juvenile offenders
Risen sharply in the last 30 years
Dynamic Factors
Risk factors that normally change over the course of time and are more likely to be amendable to treatment or intervention to reduce risk. (Lack of insight, negative attitudes, psychiatric symptoms, behavioral and affective instability, unresponsiveness to treatment)
Ways to measure criminal responsibility
Rogers criminal responsibility assessment scale, interviews, mental screening evaluation
Federal Rules of Evidence (FRE 702 & 703)
Rules that govern the federal courts
Flip-flop criticism of APA
SCOTUS cases Roper v. Simmons and Hodgson v. Minnesota appeared to be in direct opposition concerning adolescent maturity
Reason to treat prisoners
Saves money in long term because helps prevent them from coming into contact with the law again when they are released
Daubert Standard
Screening process of expert testimony by "relevancy" and "reliability". In order for something to be relevant, it must relate to the matter at hand. Reliability meant scientific validity. Court reserved the right to deny testimony that was too probative
Management
Seeks to reduce and eliminate acute crises (which are short-term but very severe)
Battered women who kill types of defense
Self-defense, insanity defense
Characteristics of Successful Offender Programs
Should present a sound conceptual basis that includes behavioral and cognitive components (structured and focused delivery of treatment), a cognitive-behavioral approach (focuses on behavior and acquiring life skills along with correcting attitudes that lead to bad behavior), should target criminogenic needs, should match patients and doctors and programs well (responsivity)
Types of stalking
Simple obsessional (65%), love obsessional (25%), Erotomanic (5%)
Criticism of R-I test
Simplistic and naive
Improving the accuracy of witnesses' information
Slow down the rate of questioning Recreate the original context (cognitive interview) Tailor questions to the individual witness Make the interview witness-centered rather than interviewer-centered Be sensitive to the distinction between correct and incorrect responses Be sensitive to temptations to from premature conclusions
Need for Treatment
Some jurisdictions include need for treatment in their criteria. But it is not sufficient in itself as a reason to deprive the individual of liberty. Treatment can only occur if civil commitment takes place.
Binding
Something that must be followed legally within a certain jurisdiction
Dr. Smail's opinion on Dahmer
Spent the most time with Dahmer Competent to stand trial "sensory functioning was not impaired ... [who] could think logically ... [showed] no gross impairment in his emotional functioning [and] could delay gratification, set goals and problem solve with relative effectiveness." Possibility of schizophrenic disorder or major affective disorder
Instruments to Assess for domestic violence
Spousal assault risk assessment (20 items), Ontario Domestic Assault Risk Assessment (Actuarial), Danger assessment scale (15 items yes/no, assesses the perception of the victim being killed)
Oswald juvenile history
Spring 1953- court hearings for truancy, sent to Youth house for psychological evaluation. Received a high score on intelligence evaluation.
Risk factors for juvenile delinquency
Status offenses as gateway to more serious offenses. Other 8 factors found by meta-analysis are: Demographic info, offense history, family and social factors, educational factors, intellectual and achievement factors, Substance use history, clinical factors, formal risk assessment
Psychos victimize mostly strangers or family members?
Strangers
Competency Assessment Instrument
Structured interview that lasts about one hour, assessing 13 aspects of competent functioning
Binet
Studied children's competency as eyewitnesses
William Healy
Studied the causes of juvenile delinquence
Admissibility of BWS
Subject usual Daubert & Kumho standards, purpose of expert witness is to provide social framework for interpreting woman's actions. Conflict: is this witness-objectivity or advocacy?
Adolescent risks for continuing delinquent behavior
Substance abuse, impulsivity, mental health problems, deficits in problem solving, (unrecognized) learning disabilities, delinquent peer groups, offense history
Areas of specialization for a forensic psychologist
Substantive psychology, research design- methodology and statistic, conducting research, legal knowledge, integrative law-psychology, ethical and professional issues, clinical forensic training
Hillside Strangler Case
Supposedly under hypnosis, Kenneth Bianchi convinced experts that he had multiple personalities, but his malingering was detected by Martin Orne
Personality Disorder according to DSM-5
The enduring pattern is inflexible and pervasive across a broad range of personal and social situations. The enduring pattern leads to clinically significant distress or impairment in social, occupational, or other important areas of functioning. The pattern is stable and of long duration and its onset can be traced back at least to adolescence or early adulthood. The enduring pattern is not better accounted for as a manifestation or consequence of another mental disorder. The enduring pattern is not due to the direct physiological effects of a substance abuse or a general medical condition.
Base Rate
The frequency or prevalence of a particular event, frequently used in the context of violence
Criminogenic needs
The goals offenders have or the needs they fulfill when committing crimes
Responsivity
The idea that any treatment should match the needs of the individual being treated and be specifically tailored to him or her in order to increase the likelihood of effectiveness
Balancing test prejudicial vs. probative
The information must be more beneficial (more probative) than any prejudice or bias that it might introduce into the minds of the jury
Mental illness (legal definition)
The law picks and chooses which mental disorders it views as appropriate (mental deficiency, substance abuse,etc.)
Sexually violent predator
The most dangerous
Conflict about treating adolescents unlike adults in the law in some areas but not all
The notion that a single line can be drawn between adolescence and adulthood for different purposes under law is at odds with developmental science
Scope of practice
The parameters of professional expertise in which a psychologist must practice
Operational Rules of a lineup
The person who conducts the lineup or photo spread should not be aware of which one is the suspect Eyewitnesses should be told explicitly that the suspect may not be in the lineup or photo spread, the suspect should not stand out or be different in any way, A clear statement should be taken from the eyewitness at the time of the ID and prior to any feedback regarding his or her confidence
Jurisdictions
The power of the court to rule in a matter in a particular geographic region such a county or state
Criminal profiling
The process by which characteristics of a crime and crime scene are collected and systematically organized to narrow down the potential suspects. Examine evidence from the crime scene, victims, and witnesses in an attempt to construct an accurate and demographic description of the individual who committed the crime (usually concerning psychopathology, personality, and behavior). Biographical sketch of behavioral patterns, trends, and tendencies
Risk
The process of conceptualizing various hazards in order to make judgements about their likelihood and need for various preventative measures
Frye Standard
The theory on which the testimony is based must have been generally accepted within it's specific field of psych in order for the expert to testify, theory must be well-recognized
Impact of BWS on Jurors
The research findings are mixed. Degree of force used by abuser seems to be the most significant factor in decision
Therapeutic Jurisprudence
The study of the law and the legal process as an agent to promote therapeutic or positive outcomes and avoid anti-therapeutic outcomes
Achilles' heel of psychopathology
Their sense of impunity "I'm above the law, I can get away with it"
Grisso TJ
Therapeutic jurisprudence is a process of attempting to achieve societies aims, the state is justified in limiting some rights if decisions may cause one to endanger themselves or others
Risk of psychopath violence
They are at a greater risk of violence, significant relationship between psychopathy and general criminal recidivism and violent recidivism, strong predictor in civil psychiatric samples, not a strong predictor of domestic violence
Criticisms of Expert Testimony
They are informing jury of things beyond their knowledge but replacing the decision-making ability, taking over courtroom, promising too much, substituting advocacy for scientific objectivity, doing a cursory (hasty) job, letting values overcome empirically-based findings, maintaining dual relationships and completing tasks, corruption of science
Residency laws for sex offenders
They need to live anywhere from 500 feet to a 1/4 of a mile away from schools, bus stops, parks, and daycare centers. But not very useful because tend to travel outside of their neighborhood for victims
Abuse of Discretion Standard
This standard suggests that a trial court judge needs to make a clearly unreasonable decision in admitting an expert's testimony
Adolescents in court
Thought to be capable of accepting some responsibilities of adults (i.e. driving) and are subjected to legal sanctions when they violate laws
Mentally ill are more likely to be a perpetrator or victim of crime?
Victim (3% compared to 34%)
Instrumental Violence
Violence committed with a purpose or in a planned or organized manner
Reiser, advocacy for polygraph
Wanted to train police officers as forensic hypnotists
Problem with development of PCL-R
Was developed in a criminal population but not sure how strong the correlation with committing crimes actually is
Memory vs. Memory Testimony
When a witness describes and identifies a suspect more than memory alone is involved: reasoning process, suggestibility, social influence, self-confidence, authority submission, conformity
Negligence
a type of tort in which a person does not act as a reasonable person would under certain circumstances
Competency Assessment to Stand Trial for Defendants with Mental Retardation
assesses the competence of persons with mental disability to stand trial; separate sections regarding basic legal concepts, skills to assist defense, and understanding of the case events. The examiner reads each question aloud and records the client's response
3 parts of forensic practice
assessment, treatment, consultation
William Martson
claimed could use a device to measure changes in blood pressure and use to infer truthfulness, Larson built polygraph which became subject of Frye vs. US
Law
created, amended, or discarded because society has established standards for what is acceptable and unacceptable behavior
Oswald's juvenile justice, role of courts
determine the level of punishment/treatment that was necessary, and see it be carried out
Psychological characteristics of risk factors for DV
expression of anger/hostility, substance abuse, depression, show extreme emotional deregulation (Douglas & Dulton-Borderline/dysphoric batterer)
Specialist clinician
integrated educational experience designed specifically for forensic psychologists, receive extensive training in case law and practice forensic skills across a variety of different patient populations
Methods of assessment
interviews, psych tests, archival info, psych reports
NGRI (not guilty by reason of insanity)
is an affirmative defense to a crime: The defendant has argued that he or she meets the insanity defense standard; thus is determined to be 'not guilty/responsible' in the eyes of the law and is then subjected to civil proceedings for confinement, but not to criminal incarceration or punishment.
Trial consultant
litigation consultant or jury consultant, hired by attorneys to help with jury selection, witness preparation, or trial strategy
The PCL-R (checklist)
makes a standard way to assess psychopathy. Things rated on a scale of 0-2. 30 is the cutoff score for psychopathy
Types of treatment
management, maintenance, outpatient programs, and special programs
Pathogenic malingering
motivated by underlying pathology, genuinely disturbed
GBMI (guilty but mentally ill)
not a defense; it is a verdict, implying that the defendant is criminally culpable and eligible for criminal sanctions. The inclusion of "but mentally ill" denotes the possession of a mental disorder but does not absolve the person of guilt or criminal responsibility.
Oswald's juvenile justice, role of family
oversee/procure the treatment, to honestly report progress (or lack thereof), (if necessary) to regulate the juvenile's environment
Important diagrams
p.10,p13, p.6 (? Ask prof), p.7 (?)
Predictions of violence
predict severity of potential violence, predict contexts/conditions in which violence may occur, predict the nature or type of the potential violence
PCL-R predictor of violent and general recidivism cross-culturally
pretty robust
Female sexual offenders compared to nonsexual offenders that are female
the sex offenders might be more feminine and also receive sexual pleasure from act, not just satisfying need for power and control
Mental Screening Evalutation
to "screen out" those defendants whose law-breaking actions clearly were not caused by a mental abnormality
Stare decisis
to let a previous ruling stand, at the heart of the law
Malingering
underreporting symptoms or exaggerating them