PSYC 473S- Section 2

Cooper v. Oklahoma (1996)

"Clear and convincing" standard of proof for being found incompetent ruled unconstitutional. Burden of proving incompetence must not be higher than preponderance of evidence

Practical Considerations (Resnick)

"Not your fault" Primary responsibility for own safety "Listen" to intuition Avoid mixed signals Consider 3rd party contacting stalker Avoid threatening stalker Know stalking laws; inform neighbors; keep log

Ramos-Gonzalez 2016

"the legal standard for immigration proceedings in the United States addresses the additional responsibilities faced by claimants, and therefore requires a higher level of competence than is required by the criminal standard in either Canada or the United States." Note that the standard does not require that a lawyer be appointed

Core Factors of Psychopathy

(1) arrogant and deceitful interpersonal style--> INTERPERSONAL, (2) impulsive and irresponsible behavioral style --> IMPULSIVE, (3) deficient affective experience --> AFFECTIVE, and (4) antisocial tendencies, such as poor self-regulation and a wide array of antisocial behaviors --> ANTISOCIAL The term deficient affective experience refers to the lack of sincere positive emotions toward others and the demonstration of callousness and lack of empathy. The terms arrogant and deceitful interpersonal style, on the other hand, refer to the glibness, superficial charm, and grandiose sense of self-worth that are so characteristic of the psychopath

Five Instruments to Assess(Legal Guardianship)

(1) the Adult Functional Adaptive Behavior Scale, (2) the Multidimensional Functional Assessment Questionnaire, (3) the Philadelphia Geriatric Center Multilevel Assessment Inventory, (4) the Direct Assessment of Functional Status, and (5) the Everyday Problems Test

Types of stalkers

(1) the Intimate stalker, who pursues a current or former sexual intimate; (2) the Acquaintance stalker, who pursues someone he or she knows but with whom he or she has not ever been sexually intimate; (3) the Public Figure stalker, who pursues a public figure with whom he or she has never had a relationship; and (4) the Private Stranger stalker, who pursues someone he or she has never met but is aware of because the victim is in the stalker's environment (such as a neighbor or fellow college student)

Four developmental paths (Delinquency)

(1) the adolescent-limited offenders, (2) the life course-persistent offenders (also called "high-level chronic offenders"), (3) the low-level chronic offenders (LLCs), and (4) those with a nonoffending pattern

Possible Exceptions (Intoxication and Insanity)

*Acute Intoxication* vs *Fixed Insanity*- Relevant in cases where crime did not occur during state of intoxication but in connection with permanent condition ("fixed disease") which may have resulted from substance use (dementia, brain impairment) Or, where substance use bring son psychotic symptoms which PERSIST BEYOND THE PERIOD OF INTOXICATION (aka: drug induced psychoses) (People v. Kelly, 1973)- issue here: "SETTLED INSANITY" which may not be permanent Involuntary Intoxication or Idiosyncratic/ Pathological Intoxication

UARC (Concepts of Dusky Standard)

*U*nderstanding- Defendants factual understanding of courtroom functions and procedures (Defendant with the ability to describe basic functions of a DA, jury, judge, etc demonstrates factual knowledge of this role) --> Must possess a *REASONABLE BUT NOT PERFECT* degree *A*ppreciation: Defendant's capacity to appreciate the connection b/w what they factually understand and their own legal situation. Impairments here often have basis in delusional beliefs (e.g., understanding the role of the prosecuting attorney but being convinced that in this case this attorney is Satan/ Santa Claus) *R*easoning: Capacity for logical info processing during legal decision making (e.g., as would be needed to properly weigh advantages/ disadvantages of various plea agreements) *C*ommunication: Relates to defendant's capacity to both receive info and be understood by other during legal process (relevant to capacity to effectively consult with attorney) Relationship between defendant and attorney doesn't need to be meaningful, just effective

Triarchic Model of Psychopathy

- meanness - boldness - disinhibition

Juvenile Firesetting

-Developmental stages --Fire interest --Fireplay --Firesetting -Firesetting typologies --Curious --Pathological --Expressive --Delinquent

Causes of violence

-neurobiological factors -socialization factors -cognitive factors -situational factors

Alternative typologies to stalking

. It consists of four broad categories, the first three of which are similar to those proposed by Zona et al. (1993): (1) simple obsession stalking- represent behavior that is a continuation of a previous pattern of domestic violence and psychological abuse in an intimate relationship (2) love obsession stalking- primary motivation of these stalkers is to establish a personal relationship with the targeted victim (3) erotomania stalking-Erotomania stalkers believe that the victim loves them, in contrast to the simple and love obsession stalkers; often plagued by serious mental disorders, most often schizophrenia (4) vengeance stalking- these stalkers try to elicit a particular response—such as fear, or change of behavior such as moving to another area— from their victims

CST Exams (Why do we do them?)

1- Fair Fight Principle: To create fairness for a defendant ion the criminal trial process (accused should be mentally fit for trial) 2- To maintain integrity of the justice system 3- To maximize likelihood of accurate information in a trial

Mullen's Subtypes (Stalking)

1. Rejected Stalker -Former lover --> Greater the intimacy, the greater the risk of violence -Wants both reconciliation and revenge -Can be very threatening 2. Intimacy Seeker -Always deals with delusional ideals and needs psychiatric care--> Erotomanic delusions 3. Incompetent Stalker -They know that they don't have a romantic relationship with victim but still try to have one anyways -Low levels of intelligence, socially inept, or a sense of entitlement -Can move on from person to person 4. Resentful Stalker -Wants to make the victim pay since the stalker pissed off at the world -Want to frighten -Selection can be random -Many had paranoid psychosis or paranoid personality disorder 5. Predatory Stalker -Can engage in behavioral rehearsal--> Pleasure in power and sexual excitement -Don't want victim to know they are stalking them -Primarily a criminal justice problem

Prevalence (Stalking)

1/12 women; 1/45 men stalked at least once 78% of victims are women; 87% of offenders are men 60% female & 30% male victims stalked by current or former partner (most victims know their stalker) Violence involved in 25-35% of cases 31% women stalked by current or former partner have been sexually assaulted by this person Psychotherapist has 6% chance of being stalked; 8% for family member

Psychosis (P) and Stalking

10% of sample had P condictions--> Expected it to be higher though Subjects with P disorders were more likely to stalk people (friends, acquaintances, coworker) they know in an effort to create intimate relationships Those without P were more likely to stalk "prior intimates" A factor in many cases, but stalking occurs in its absence (>25%)

Process of Adjudicative Competence Assessment

1: A notice is sent to the person being evaluated of the limits of confidentiality and the purpose of the evaluations--> examiners are often reminded to carefully limit the report to the defendant's present status and not to include information that might provide details about the crime itself 2: "There is no clear consensus on a standard of practice for competency evaluations" Some examiners conduct only a clinical interview, whereas others conduct an interview and administer standard psychological tests of intelligence or measures of personality. Other examiners file a generic report that includes behavioral observations of the defendant and extensive background information

Commitment Examinator Questions

1: Is there a severe mental illness and what type of treatment is needed? Clinical interview and observation is often utilized 2: Potential for Dangerousness? Careful review of suicide risk. 3: Presence of grave disability with inability to care for self? --> 3rd party reports important; Despite mental illness, can person purchase, prepare, store food, manage funds, communicate their needs, remain safe? 4: Dangerousness to others? Focus is on risk of imminent danger to others in immediate future

How the IDRA made the insanity defense more difficult

1: Removed volitional prong (loss of control over one's actions per Brawner Rule), so that standard focuses on cognitive & affective factors 2: Prevents mental health experts from giving "Ultimate Issue Testimony" on insanity 3: Burden of proof place on DEFENDANT to establish insanity (previously prosecution had to prove sanity BRD) 4: Standard of proof changed to "clear and convincing evidence" for the defendant to prove insanity (in federal cases)

Selected findings (mental impairment and stalking)

72% in study diagnosed w/ mental disorders (59%- Axis I; 50% met criteria for personality disorder) While higher than expected in general pop (28% of people meet Axis I criteria over past year), authors surmised *28% HAD NO DIAGNOSIS AT ALL* Rates: -Mood or anxiety--> 31% -Psychotic--> 10% -Substance Use --> 46% -Personality--> 50% Prior research found 5-17% of offenders don't have diagnoses Implication: Maybe we tend to over pathologize stalkers than in actuality?

10 behavior features of psychopaths

: (1) selfishness (also called egocentricity), (2) an inability to love or give genuine affection to others, (3) frequent deceitfulness or lying, (4) lack of guilt or remorsefulness (no matter how cruel the behavior), (5) callousness or a lack of empathy, (6) low anxiety proneness, (7) poor judgment and failure to learn from experience, (8) superficial charm, (9) failure to follow any life plan, and (10) cycles of unreliability

Indiana v. Edwards (2008)

A U.S. Supreme Court case which held that the dignity and fairness of the trial process required that a judge can appoint an attorney for a competent but mentally ill defendant if necessary. The case also called for a higher level of competence than competence to stand trial.

Troxel v. Granville (2000)

A Washington Statute allowed "any person" to petition a state court for visitation rights (with a child) "at any time," and authorizes the court to grant visitation "whenever visitation may serve the best interests of the child." The Troxel's were the children's grandparents. Granville was the children's mother. The Washington trial judge ordered visitation, because he felt it was in the best interest of the child. The mother challenged, claiming her fundamental parental rights were violated. HELD: Unconstitutional, the "best interest of the child" standard that was used in the legislation did not afford any deference to the parents decision. The statute unconstitutionally infringes on the fundamental parental right as applied.

The most common method of restoring competence in defendants is _____

A combination of medical treatment

Jackson v Indiana (1972)

A defendant cannot be committed by the state for restoration of competency unless there is a "substantial probability" that competency can be restored The commitment must be time limited ("a reasonable period of time") during which an attempt to restore competency is made Jackson was found not competent, and it was pretty clear he would not get any better --> Lawyer says keeping Jackson there would be like "a life sentence in jail"

Legal Guardianship Determinations

A guardianship is a legal right given to an individual to be responsible for the care and needs of a person deemed fully or partially incapable of providing for his or her own care and needs Health care and financial decisions are the two categories that are most likely to be challenged in courts and most likely to require the assessment of mental health professionals. A decision that one lacks the capacity to make such a decision is what leads to a guardian being appointed. In order to act as someone's legal guardian, the first step is to go to court to have the person declared incompetent based on a psychological expert's opinion If the court is satisfied with the evidence, it may grant either a "limited" or "full" guardianship. If the court feels a full guardianship is in order, it would transfer the responsibility for managing finances, living arrangements, and medical decisions to the guardian. In many cases, the guardian will need to report to the court annually to affirm he or she is meeting the assigned responsibilities outlined by the court

Insanity Defense Reform Act

A person charged with a criminal offense should be found not guilty by reason of insanity if it is shown that, as a result of mental disease or mental retardation, he was unable to appreciate the wrongfulness of his conduct at the time of his offense. Inspired by assassination attempt on Reagan by J. Hinckley and worries around Brawner Used in federal cases--> Passed to make sure defense is more difficult to use in federal cases

tender years doctrine

A standard in child custody cases, prevalent in the nineteenth century, where young children and all female children were placed under the care of the mother unless there were extenuating circumstances.

MacCAT-T

A tool that test decision-making competence in four areas: (1) ability to state a choice, (2) ability to understand relevant information, (3) ability to appreciate the nature of one's own situation, and (4) ability to reason with the information provided.

guilty but mentally ill (GBMI)

A verdict, equivalent to a finding of "guilty," that establishes that the defendant, although mentally ill, was NOT LEGALLY INSANE AT TIME OF OFFENSE--> Goes to prison for remainder of sentence after treatment 1975 Michigan first to create GBMI standard--> Adopted by 12 states Grew out of concern that those acquitted on NGRI, then hospitalized, have rights such as civilly committed person and if found stable at time of commitment hearing, have right to be released--> 2 crimes where additional violent crimes were committed after release GBMI gives court an option besides MGRI

Dylan is a 7-year-old boy who frequently binge-watches violent television shows such as The Walking Dead and Game of Thrones. Which factor will have the greater negative impact on his observational learning over the long haul?

A. Dylan believes that violence is rewarded

Which standard of proof is required in all criminal proceedings?

A:*Beyond a reasonable doubt* B: Daubert standard C: preponderance of the evidence D: Clear and convincing evidence

Unfavorable Factors in Restoration (Warren et al)

Age > 65 (even when controlling for dementia) Being male Chronic psychosis with lengthy hospital admissions and significant ADL limitations Cognitive Disorders including Intellectual Disability and Dementia Misdemeanor vs Felony charges (interesting given greater legal complexities with felonies) Examiner having access to legal and psycholoigcal records (collateral information) decreases likelihood of a "restorable" opinion Psy. D examiners more likely to predict lack of restorability in contrast to Ph. D. or MD Chronic substance abuse and personality disorders less likely to be viewed as restorable

Brawner Rule

Aims to include cognitive, affective, and volitional features of mental illness APPRECIATE--> implications for affect (emotional reactions to having committed offense) *Conform conduct to requirements of law*--> Controls one's impulses (volitional prong) Cognitive elements--> *Lacking substantial capacity* to know what is wrong Encourages mental health experts to make diagnoses but leave "ULTIMATE ISSUE" up to court Those opposed to ALI (Brawner) finds too many ways to be found insane

Substance Abuse (SA) and Stalking

Almost half (46%) of sample had substance use disorders 11% had only substance abuse; another 35% had a comorbid disorder along w/ substance abuse SA predicted: -Age of arrest -# of prior arrests -Higher levels of psychopathy -Higher rates of aggression -Presence of prior stalking conviction Often have more criminal justice involvement SA is a risk factor for increased violence and aggression Reducing SA might be key to reduce violence and criminal justice involvement

Criminal Law

Also known as police power Where state is authorized to protect the community often via DETERRING and PUNISHING criminal behavior Civil commitment proceedings involve some mixture of this and parens patriae

Sentencing Evaluations

Although rehabilitation remains an important consideration, and although offenders in most states are still given a sentence range, rehabilitation is no longer the dominant consideration in the sentencing schemes of the federal government and approximately 15 states today A major criticism of determinate sentencing focused on harsh penalties doled out to drug offenders, which contributed to overcrowding in many of the nation's prisons Regardless of whether the jurisdiction has determinate or indeterminate sentencing, however, the forensic psychologist might be called in to assess an offender's competency to be sentenced

Involuntary Intoxication

An affirmative defense in which the defendant claims that she took the intoxicant without awareness of its likely effect, mistook its identity, or was forced to ingest it and that it left her unable to understand that the act committed was wrong. Insanity defense might still be an option

boldness factor (fearless dominance)

An interpersonal style that is characterized by fearlessness, being relatively immune to stress or anxiety, and being successful at negotiating social interactions to achieve desired goals Recent studies suggest that fearless dominance may be a marker of the successful features of psychopathy and may bear important implications for leadership

competence to consent to treatment

An individual's competence to make decisions regarding medical and psychological treatment Melton et al. note that consent forms are lengthy and beyond comprehension, patients often lack information about alternative treatments, and negative information (e.g., about side effects) is often omitted The MacArthur researchers developed a tool—the MacArthur Competence Assessment Tool-Treatment (MacCAT-T), for use by clinicians who evaluate treatment competence

Insanity Case Examples

Andrea Yates (2000)--> Drowned kids in bathtub; was first found guilty, but then NGI John Hinkley- shot President Reagan and killed Brady, who was on Reagan''s staff -Debate on if he was insane or not --> Found to be NGI -Slowly was given privileges as time went on--> Eventually freed from psychiatric hold Jeffrey Dahmer--> Killed while in prison after being declared guilty--> Insanity plea did not work -Murdered 17 men and kept victim body parts

Drugs and the Incompetent Defendant

Antipsychotic or psychoactive drugs have improved significantly in effectiveness, but they still may produce unwanted side effects including nausea, headaches, loss of creativity, inability to express emotions, and lethargy in some individuals. Therefore, because of these feared side effects, some individuals found incompetent to stand trial may challenge the government's right to give them this medication Although defendants often respond well enough to medication to render them competent to stand trial, continual medication during the trial itself may be warranted. In other words, to remain competent, the defendant must continue to be medicated. Yet the medication itself may affect the defendant's ability to participate in the proceedings, as the Supreme Court observed in the Sell case

Archival research vs case study

Archival research is seeking out and analyzing evidence from past records, such as police records, newspaper stories, diaries, historical notes in private collections, or other documents pertaining to serial murders. A case study is an extensive examination of the background, behavior, and crimes of one particular serial killer

Geography of violence

Areas where violence occurs--> Normally across two locations: the home and the street Women and children are more likely to be harmed by violence in their homes and by people they know, Thus, both researchers and law enforcement officials have given increasing attention to studying, preventing, and responding to this category of violent crime.

Thomas Szasz (Upstate Medical Center Psychiatrist)

Argued that mental illness is a "myth"- just a label used by society to separate those that most people see as inappropriate or undesirable Some express concern that involuntary commitment might be experienced as a type of prison sentence especially where setting is overcrowded, poorly staffed.... IC does infringe on a person's freedom Important to be aware that person is likely facing multiple types and levels of stress

Self Control (Delinquency)

As self-regulation develops, physically aggressive behavior usually decreases substantially from the third year onward. During adolescence, however, many exhibit another peak in physical aggression but show a decrease during early adulthood However, there is a significant increase in verbal and indirect aggressions with age, suggesting that aggression may still exist but that children learn how to be aggressive in different ways

Major Types(Physical workplace violence)

Assailant does not have a legitimate relationship to the workplace or to the victim--> Enters the workplace to commit a crime Recipient of some service provided by the workplace or victim and may be either a current or former client, patient, or customer--> Person is unhappy with service An employment-related involvement with the workplace, as a current or former employee, supervisor, or manager--> disgruntled employee indirect involvement with the workplace because of a relationship with an employee, such as a current or former spouse or partner

Issue with Product Rule

Assumed mental health experts are able to agree on how exactly to define mental disease or defect Difficult to determine whether some crimes actually result from mental disease Courts began to view experts as having TOO MUCH INFLUENCE on cases (i.e. defendant's determined insane primarily based on expert testimony) At present, Durham viewed as most liberal and broad of modern insanity defense standards

Important considerations (Child Custody)

At minimum, children and parents included in evaluation Challenging & Emotionally Demanding area of practice on the psychologist Requires awareness of one's values & personal bias regarding how children should be raised (& who makes the "best" parent, if a man and woman are both necessary) Note that personal values/ beliefs held by psycholigst re: parenting may be inconsistent with empirical finding *Most divorces do not result in legal custody decisions* Courts NOT likely to adopt conclusions of forensic psychologists here as with other types of cases

Michigan's best interest of the child criteria

Attempt to clarify the "best interest of the child" Some of the 12 factors: -Love, affection, and emotional ties existing between the parties and child involved -The moral fitness of parties involved -The mental and physical health of the parties involved -The home, school, and community record of the child -Capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child -Domestic violence, regardless of whether the violence was directed against or witnessed by the child

Product Rule (Durham Rule)

Based on 1869 NH case--> *Finding of insane is appropriate if crime "was the offspring or product of mental disease in the defendant"* Also named the Durham Rule

Sex Offender Sentencing

Because of their expertise, psychologists are often asked to provide assessments of convicted sex offenders to help courts decide on a just punishment. Psychosexual assessments also typically include recommendations for treatment and for managing any risk believed to be posed by the offender. For example, if an offender will almost assuredly be sent to prison, the evaluator may indicate that he is a good candidate for a sex offender treatment program known to be available in the prison system. For an offender who may be placed on probation, the evaluator might suggest that the supervising probation officer pay close attention to his employment status because he was particularly vulnerable to committing offenses during periods in which he was not working.

Kendra's Law (Assisted Outpatient Treatment)

Began in NYS in 1999 43 states have some form of this (different levels of intensity) Placement into AOT is done by a court after receiving a petition from someone acceptable per requirements (an adult living with patient) Named after Kendra Wendall--> Killed by someone with schizophrenia with unsuccessful treatment Petition must specify why person meets criteria and must include physician's statement Hearing is scheduled, lawyer is provided at no cost If found appropriate for program, treatment plan developed, monitored by case managers

PSD

Behavior rating scale which rewrites some of the PCL-R questions for youth Comes in three versions: (1) a teacher version, (2) a parent version, and (3) a self-report version

Favorable Factors for Restorability (Warren et al 2013)

Being female < 60 years old Affective Disorder Diagnosis- Bipolar, Mood, etc Ability to understand legal process History of prior convictions (severely mentally ill or intellectually disabled are less likely to be chronic legal offenders)--> Especially women Non compliant with psychiatric medication at time of offense More likely to be viewed as restorable if exam requested by defense

Unlawful acts committed by juveniles

Can be divided into 5 major categories: -Unlawful acts against persons -Unlawful acts against property -Drug offenses -Offenses against the public order -Status offenses

Deterring the defendant from further harmful action and to discouraging others from committing similar harmful acts in the future are the main goals of __________ damages. a. compensatory b. exculpatory c. punitive d. vindictive

C. punitive

CD Patterns in girls (conduct disorders)

CD patterns in girls are a strong predictor of a lifetime of problems, including poor interpersonal relations with partners/spouses and peers, criminal activity, early pregnancy without supportive partners, and frequent job loss and firings. Similar to CD boys, CD girls—without intervention— often lead a life full of interpersonal conflict

Competency vs. Capacity

COMPETENCY traditionally used to indicate legal findings/status whereas CAPACITY rereferred to clinical findings/status Current trend in legal and clinical settings is to focus on *SPECIFIC FUNCTIONAL CAPACITIES* in contrast to a more difficult to define global type of legal or clinical status

Civil Capacities

Capacity (or competency) evaluations are not limited to older individuals, of course, but with the aging of the U.S. population, the frequency of these evaluations will certainly rise MHPs will be asked to evaluate whether an individual was or is capable of making a critical decision in his or her best interest The presumption that one is capable of making decisions can be nullified if it can be demonstrated to the satisfaction of a court that the person was not mentally or physically competent at the time the decision was made

M'Naghten Case

Case involved delusion man who believed political party wanted to kill him--> Made a plan to kill PM and killed the wrong man Used insanity defense but prosecution contended Wild Beast Test wasn't met (which would be needed to remove criminal responsibility) Court found his thinking made him UNABLE TO DIFFERENIATE RIGHT FROM WRONG Defendant determined to be insane and was hospitalized for the rest of his life

Insanity (Incidence)

Cases in which defendants actually plead not guilty by reason of insanity (NGRI) are rare, comprising a mere 1% to 3% of all felony criminal cases Despite media publicity surrounding the insanity defense—one commentator (Perlin, 2003) has referred to it as the "media darling"—the defense is usually not successful Some multistate surveys have found acquittal rates of 20% to 25%

Cyberstalking

Cell phones and the Internet have provided far-reaching and unregulated opportunities for cyberstalkers to harass unsuspecting victims Cyberbullying is becoming more prominent and, although similar to cyberstalking, it largely involves adolescents bullying adolescents on line. Age is a major determining factor in distinguishing the two terms, but this is not to say that adults do not get cyberbullied, in both workplace and non-workplace settings

Background (Child Custody)

Children were defined as CHATTEL (Property other than real estate), to be divided at end of marriage Children would often go to father like the rest of personal property--> Views are much more complex now "TENDER YEARS DOCTRINE"--> Stated to mother was considered best parent for children given their "maternal instincts and caretaking abilities" (unless she was shown to be unfit) Doctrine continued to be used long after it was shown to be wrong Best Interest of the Child--> Moved focus from parental needs to needs of child

Sexual and Gender Harassment

Civil claims of sexual harassment arise most frequently in employment and educational contexts, where harassment qualifies as discrimination in violation of Title VII of the Civil Rights Acts of 1964, amended in 1971 In recent years, more courts and commentators have indicated that gender harassment should also be included under a broad definition of sexual harassment (Kabat-Farr & Cortina, 2014; Leskinen, Cortina, & Kabat, 2011). This is behavior directed at individuals who appear to violate their so-called gender roles, such as women who work in a previously all-male environment; women who are assertive, competent, and persistent; or men who are perceived as weak or emotional. Gender harassment does not necessitate unwelcome advances or a request for sexual favors; it too, though, conveys a degrading attitude toward the individual at whom it is directed. Gender harassment examples include female- or malebashing jokes, comments that women do not belong in management or that men have no place in childcare, and crude gender-related terms of address

Civil Commitment (Cont)

Civil commitment used for severe mental illness where there are concerns about dangerousness When used, person may have little control over usual decisions like when/where to sleep & eat, where one can go, what one can do with their money Potential negative consequences include impacts on employment, reputation, self concept, self efficacy, capacity to be independent Some have concerns about (especially lengthy) commitments fostering dependence on institutions and increasing likelihood of additional admissions

Evaluation Procedures (Child Custody)

Clarify with referral source: referral questions, scope of evaluation, role you will play, payment agreements- all before talking with family Explain to attorneys on both sides process of custody exam; clarify what records can expected Initial session often attended by both parents (unless there's a restraining order); assessment overview provided; observe interaction between parents

Collateral Data (Child Custody)

Collateral interviews (face to face or by phone); review of court records, medical/psych treatment records, school/teacher reports Final step: Preparation of report, providing feedback & recommendations Custody evaluations: Work/time intensive (> 25 hours not unusual) "High stakes" evaluations; Malpractice allegations by side unhappy with the findings

Compensatory vs Punitive Damages

Compensatory damages are intended to make up for the harm suffered by the plaintiff. Punitive damages are assessed when the harm done is so grave that the judge or jury believes the defendant should receive extra punishment. The main goal of punitive damages is to deter the defendant from further harmful action and to discourage others from committing similar harmful acts in the future

Competency Assessment Instruments

Competency Screening Test MacArthur Competency Assessment Tool-Criminal Adjudication Evaluation of Competency to Stand Trial- Revised Interdisciplinary Fitness Interview-Revised Despite the continuing development of forensic assessment instruments, and despite the fact that some now have good research support, they do not appear to be widely used in forensic practice, due to the fact that there is not *sufficient scientific reliability or validity for many of these instruments*

Insanity vs Competency

Competency refers to one's mental state at the time of the criminal justice proceedings (e.g., when waiving the right to a lawyer, pleading guilty, standing trial). Sanity (or criminal responsibility) refers to mental state at the time of the crime. It is possible for a person to be insane yet competent to stand trial or sane but incompetent. Obviously, it is also possible for people to be both insane and incompetent or sane and competent. Furthermore, in contrast to competency to stand trial, where the Dusky standard is universal, there is no uniform standard for determining insanity.

Two Pronged test(Dusky and Competency)

Competency test involves "two prongs" 1: Defendant's capacity to *UNDERSTAND* the criminal process as it relates to them and others involved in the process 2: Defendant's capacity to *PARTICIPATE* in this process, especially as concerns working with counsel to prepare a defense

legal action and civil lawsuits (workplace violence litigation)

Concentrates on four major areas: (1) negligent hiring (failure to screen employees properly), (2) negligent retention (failure to terminate unsuitable and threatening employees), (3) negligent supervision (failure to monitor performance), and (4) inadequate security

NYS Insanity Standard (Penal Law 40.15)

Considered an Affirmative Defense- defense which, if proven by defendant, removes the legal consequences for otherwise illegal behavior/ conduct Note that BURDEN IS ON DEFENDANT to prove this "by a preponderance of the evidence" (i.e. evidence is of such convincing quality as to outweigh any evidence to the contrary) States: When they engaged in the illegal conduct, defendant "lacked criminal responsibility by reason of mental disease or defect" The person *at time of offense,* "lack substantial capacity to know or appreciate either": 1- The nature and consequences of such conduct; or 2- That such conduct was wrong

If Competency cannot be restored...

Continued hospitalization would need to be on *civil (not criminal) commitment basis* (where defendant is found seriously mentally ill and a danger to self or others) Jackson does not specify timeframe but many states use 6 months as a "reasonable period of time" to determine if competency can be achieved

Child Custody Video: G. Andrew Benjamin, JD, PhD.

Court Ordered High Conflict Family Law System 5 phase evaluation process- all videotaped: 1. Pre-evaluation: Make sure parties understand intent and intensity of process and verify willingness to participate 2. Clinical Interviews and MMPI with parents 3. Parent-Child Observations 4. Collateral info review 5. Closing interviews that are separate 6. Meet with attorneys. Vast majority of cases settle before trial. Video: Closing interview/ feedback session with father

Sell v. US (2003)

Court case decided that government can force medicate mentally ill defendant to render him competent to stand trial Forced medication to restore competency is subject to stringent review; nonviolent/nondangerous defendant should not be medicated against his will

Important Considerations Part 2 (Child Custody)

Courts NOT likely to adopt conclusions of forensic psychologists here as with other types of cases Agreement rate 30-60% vs > 90% in cases of Competency or Insanity Forensic psychologists are frequently involved in such cases

Outpatient Civil Commitment

Courts are empowered to issue outpatient treatment (OT) orders, also called community treatment orders (CTOs), and occasionally orders of non-hospitalization (ONH). These orders typically require that the individual live in his or her own home or alternative group or foster home and comply with a medication regimen. The resulting effect on the individual is referred to as assisted outpatient treatment (AOT). In sum, outpatient commitment can take three forms. First, persons who were institutionalized under civil commitment statutes requiring mental disorder and the dangerousness standard are conditionally released to the community; if they fail to meet the conditions of their release, they are subject to being returned to the institution. Second, persons who are eligible for institutional confinement under the civil commitment statutes are given an alternative mandatory treatment status in the community, rather than being institutionalized. This is considered the least restrictive alternative. Third, persons who would not qualify under the dangerousness standard but who are considered to need treatment to prevent further deterioration are assigned to preventive commitment. The last—an option available in about 10 states—is the most controversial among those concerned about civil liberties, because the commitment standards are less stringent than customary civil commitment standard.

If Defendent is Found Not Competent

Criminal proceedings are put on hold Charges may be dropped with less serious (misdemeanor) offense possibly with agreement that defendant seek treatment in community With more serious crimes, defendant may be committed to an institution to undergo treatment aimed at restoring competency

Offending Patterns of Criminal Psychopaths

Criminal psychopaths manifest violent and aggressive behaviors—including verbal abuse, threats, and intimidation—at a much higher rate than is found in other populations In addition, the crimes of psychopathic sex offenders are likely to be more violent, brutal, unemotional, and sadistic than those of other sex offenders Criminal psychopaths frequently engage in violence as a form of revenge or retribution or during a bout of drinking. psychopaths reoffend faster, violate parole sooner, and perhaps commit more institutional violence

Ultimate Issue (Child Custody)

Custody evaluations also raise the "ultimate issue" question. Should examiners make recommendations as to which parent should be given custody of the child or as to whether a custodial parent should be allowed to relocate to a distant state? Some scholars argue that the ultimate issue should be decided by the judge and not the psychologist. Others maintain that psychologists should be able to offer recommendations about the ultimate issue as long as their conclusions are based on sound, acceptable data

MacCAT-CA

Defendant is read vignette involving criminal act --> Defendant must answer number of quesitons regarding legal facts and decisions facing the individual charged with the crime Opportunieties for education are provided to help evaluate if person has the ability to learn and apply relevent legal info in relation to the scenario Scores are generated for each of the 3 Dusky areas

Step 3 (Requesting a CST Exam)

Defendant is then examined by one or more clinicians (2 in NYS) Depending upon clinical and/or legal circumstances, exam is performed on outpatient basis, in correctional setting, or in hospital Allows for us to determine whether the defendant can learn from the attorney Completed reports are sent to the court wihin specified timeframe The ultimate decision regarding a defendant's competence is made by THE COURT, however, the clinician's opinion (when provided) is very often followed

R-CRAS (Rogers Criminal Responsibility Assessment Scales)

Defendants are rated on a number of characteristics, including psychopathology, reliability of their report of the crime, organicity, cognitive control, and behavioral control By far the most dominant forensic instruments related to insanity

Faretta v. California

Defendants have the right to self-representation.

Common features (Stalking)

Deliberate behavior pattern Occurs over time May/may not result in physical harm Results in reasonable sense of threat/fear Variety of background: -87% male; 80% white -50% between 18-35 -Most above average IQ and income -Often has mental/personality disorder -Most use 3-5 methods Majority of stalkers are NOT like those in media "Typical" scenario is where stalker had intimate relationship with victim in past

Moffitt Developmental Theory

Delinquency could be best understood if we viewed it as progressing along at least two developmental paths: On one path, we see a child developing a lifelong trajectory of delinquency and crime beginning at a very early age, probably around 3 or even younger --> life course-persistent offenders (LCPs) They begin offending during their adolescent years and stop offending somewhere around their 18th birthday. In essence, these adolescent delinquent behaviors arise from peer, brain developmental, and social environmental factors, and the offending tends to be temporary. Moffitt labels these individuals adolescent-limited offenders (ALs)

Personality Disorder

Disorder that causes chronic problems with emotion and behavior--> Due to the way they think, modulate their behavior, and overall behavior

Andrea Yates

Drowned her five children in a bathtub to save them from damnation due to the sinful life she was leading, she had been diagnosed with postpartum psychosis (Sentenced guilty in 2002, Found not guilty by reason of insanity in 2006) Expert mental health witness Deets found that an episode of Law and Order, which they were a consultant on, and argued that Yates was not insane because she got the idea from the LAO episode and knew what she was doing Found out that the episode never actually aired, so Yates was later found not guilty by reason of insanity

Model Penal Code

During 1950's, American Law Institute generated MPC to address problems with M'Naghten and Durham ALI- Group of attorneys who write and propose laws and legal reforms--> Cannot make anything official *Person is not responsible for criminal conduct during the time of crime if a result of mental illness, he lack substantial capacity either to appreciate the wrongfulness of his actions or to conform his action to what the law requires* Mental diseases involving repeated criminal behavior doesn't qualify, like compulsive stealing Adopted as part of US v Brawner (1972)--> Known as Brawner Rule

Most Important Criteria for Custody Decisions

Emotional connections between parents and child *Ability/willingness of 1 parent to encourage close parent-child relationship with other parent--> Not always seen* Absence of domestic violence

Evaluating Adjudicative Competence

Evaluation can be done in a number of different settings---> Most evaluations are court ordered and no more than one is performed Outpatient evaluations are more common than outpatient treatment Very little research tells us why defendants are evaluated or adjudicated as incompetent. When the defense requests and pays for the evaluation, the client is the person being examined and the report goes to his or her representative, the defense attorney. Depending on the evaluation's results, the attorney may or may not share the report with the prosecutor. When the evaluation is court ordered, even if ordered at the request of the defense attorney, the client is the court

Evaluations (for capacities)

Evaluations may address capacities (mental ability to) for: Giving medical consent; managing one's healthcare (including refusing psychotropics) Giving consent for sexual relations Independently managing one's finances Executing a valid will Driving Independent living Making a confession Pleading guilty Waiving the right to counsel Even choosing homelessness

Effect of video game violence

Exposure to violent video games was associated with increased aggressive behavior, cognitions, affect, desensitization, and decreased empathy. Even controlling for other risk factors (e.g., poor academic achievement, parental conflict, exposure to deviant peers), exposure to violent video games was considered a robust risk factor for aggressive outcomes. Nevertheless, the task force could not conclude that there was a direct link between violent video games and either delinquency or adult crime because there was insufficient research addressing this specific question

Domains Essential to Access (CST)

FACTUAL UNDERSTANDING of charges, possible penalties, courtroom roles and procedures, and plea agreements (One prong of Dusky standard) Consider attempts to "EDUCATE" defendant during exam about above facts and then EVALUATE RECALL AND UNDERSTANDING. Attorney may be used to educate if present, also allowing opportunity to OBSERVE INTERACTION (If they don't already know, can they learn?) Evaluate if defendant can apply factual knowledge to their case (e.g., after establishing understanding of defense attorney's role, ask about defendant's views regarding defense attorney IN THEIR CASE) Evaluate defendant's *CAPACITY TO PROCESS INFO* during legal decision making (can defendant logically reason through and consider provided info when thinking about plea agreement options?) Does intellectual memory or other facts interfere with the process? Evaluate if defendant can *COMMUNICATE WITH ATTORNEY* about case related matters (capacities for emotional and behavioral control while doing so). This has implications for ability to testify to one's own defense

Violent Criminal Apprehension Program (VICAP)

FBI unit whose mission is to facilitate cooperation, communication, and coordination between law enforcement agencies and to provide support in their efforts to investigate, identify, track, apprehend, and prosecute violent serial offenders.

Melton et al

Factors determining need for unovluntary commitment: *Proper diagnosis of severe mental illness* *Prognosis poor in absence of treatment* *Lack of capacity to communicate about or understand treatment* *Treatment is available* *Risk to benefit ratio for treatment is such that reasonable people would agree to it*

Risk factors (school shootings)

Factors that influence the socialization of children and adolescents, such as the family and the culture. For example, lack of parental supervision and dysfunctional family relationships, or a family atmosphere that resorts to violence to solve problems, represent risk factors that may result in violence at school. 2. The school atmosphere, policies, and culture. For instance, a school environment that allows bullying and rejection by peers, or tolerates or ignores disrespectful behavior—these represent common risk factors in school shootings. Vossekuil et al. (2002) discovered that 75% of school shooters felt persecuted by peers at school. 3. Individual factors, such as personality traits, genetic makeup, and mental health. For example, depression or uncontrollable rage may be contributing factors.

Rehabilitation is the dominant concern in determining sentencing

False

Family Court

Family courts also have the power to remove neglected and abused children from their homes and place them into temporary custody of the state, such as in foster homes, as well as the power to revoke parental rights permanently In domestic violence situations, family court may be the place where a victim seeks a temporary or permanent restraining order against an abuser. Adoptions are finalized in family or probate courts. Similarly, contested wills, decisions about competency to make medical decisions, and involuntary commitments to mental institutions come under the jurisdiction of some—but not all—family or probate courts.

Firearm statistics

Firearms-related homicides declined 39% between 1993 and 2011, and nonfatal firearm crimes declined 69% during the same period However, the majority of these declines occurred between 1993 and 2002. *According to a recent government report, although the number of firearm crimes has declined over time, the percentage of all violence involving a firearm has not changed substantively*

Consult with Counsel (ECST-R)

First step of ECST-R Addresses defendant's beliefs, experiences and expectations related to working with their attorney. Examiner rates degree to which psychiatric symptoms interfere with capacity in this area

APA Guidelines (Child Custody Evaluation)

Focuses on purpose of child custody evaluation: Determine best psychological interest of child; consider capacity to parent; and consider child's developmental needs Psychologists must be objective, professional, and impartial; must have special training; be aware of personal bias; and avoid multiple relationships Focuses on actual evaluation performance: -Obtained informed consent from those involved -Inform child about process -Clarify limits of confidentiality -Explains how info will be disclosed -Use multiple methods to assess -DO NOT give opinion about those not directly evaluated -Give recommendations on BIOC -Make clear what financial agreements would be -Keep written records Essential to use best practice methods and remain aware of legal standards in practice area

Differences in Criminal Violence

Gender: Women are underrepresented in the UCR statistics --> Women have less opportunity and men are encouraged to adhere to stereotypes Racial: although African Americans make up about 13.5% of the U.S. population, they accounted for more than 50% of all arrests for murder in 2015--> due to bias Ethnic: Latino migrants are more likely to venture into new, less established communities that are more isolated from their culture and language. This recent shift in migration patterns may lead to higher rates of crime and violence among some sectors of the Latino population.

Data(Insanity Defense)

General public think it's used 30% of the time in felony cases and it works >30% of the time In reality: *Depending on the state, defense is used < 1% of the time* Reason: Mental health experts often very cautious or not open to supporting defense Attorneys also cautious about using defense--> "You have to be crazy to plead insanity- How an acquittal can lead to lifetime confinement"

Cognitive Function and Competency

Given focus on rational and factual understanding, cognitive functioning must be considered However, presence of low IQ or mental illness does NOT direct determination of incompetence UNLESS it prevents factual and rational understanding and capacity to consult with attorney Understanding *must be factual and rational* (defendant may have factual understanding of courtroom procedures and charges against them yet have delusional belief that judge is strongly attracted to them and they will never sentenced to jail time as a result) See the UARC model

parens patriae

Gives state authority to act as the "general guardian of children and those with mental illness Pronounced Parenz Paytree Focus here is more on needs of individual vs society (the legal protector of citizens unable to protect themselves)

Relevent data (Competence Evaluation)

Grisso suggests obtaining 4 types of info *PRIOR TO* interviewing defendant: 1: Criminal accusations and *LEGAL CHARGES* (essential in order to evaluate understanding and appreciation) 2- *History of involvement* with the legal system (looks to attorneys as a source) 3- *MENTAL HEALTH HISTORY* like inpatient/outpatient intervention, response to treatment and diagnostic formulations 4- *COLLATERAL REPORTS* from familiar others (family members, treating sources, etc) to assist in developing reliable case impressions

Adjudicative Competencies

Group of several legal competencies that are evaluated by forensic psychologists These include competency to waive one's rights, competency to serve as one's own lawyer, and competency to plea bargain This increase use of the term is in response to the theory proposed by Richard Bonnie (1992), who suggested that competency to stand trial must involve both "competency to proceed" and "decisional competency."

Civil Commitment (Noncriminal Adjudication)

Happens where state permits involuntary hospitalization of someone suffering from a mental disorder Sometimes confinement and treatment are needed due to potential for self harm or danger towards others Process allows person to be confined or mandated or receive care in community due to behavior which community defines as unacceptable Emphasis though is more on treatment than punishment

Typologies (Serial Killers)

Holmes and DeBurger classify serial killers into a typology based on motive: (1) visionary- driven by delusions or hallucinations that compel him to kill a particular group of individuals; has no ideal victim type (IVT) (2) mission oriented: believes that there is a particular group of people who are considered undesirable and who must be destroyed or eliminated. Unlike the visionary type, this serial killer is not psychotic or otherwise mentally ill (3) hedonistic: strives for pleasure and thrills, and, in the killer's mind, people are simply objects to use for one's own enjoyment. According to R. M. Holmes and Holmes (1998), hedonistic killers may be divided into three subtypes based on the primary motive for the murder: lust, thrill, and comfort (4) power/control

Process of threat assessment:

Identify: -Be aware of "markers" of possible impending violence (e.g., expressed threat, uncharacteristic and violent behavior, hostility toward others). -Report concerns to authorities (threat assessment teams, law enforcement, school officials, workplace supervisors). Assess: -Obtain and gather information from various sources. -Talk with individual and his or her peers. -Appraise person's current situation (e.g., problems at home, health issues, access to weapons) with or without using threat assessment instruments. -Determine underlying problem (e.g., depression, bullying). Manage: -Provide counseling/treatment for underlying problem. -Make use of family conferences when appropriate. -Warn or protect potential victims. -Monitor the individual or obtain a restraining order if necessary.

Godinez v. Moran (1993)

If defendant is competent to stand trial, they are also competent to waive right to counsel Trial judge must decided waiver is both VOLUNTARY and KNOWING: -You understand seriousness and possible consequences of decision -Decision is made freely not on asis of coercion (without threats of pressure) -If right is waived & there is trial, Court has authority to appoint standby counsel"

What Happens After (Disposition Following Determination)

If found Competent, the criminal proceeding goes forward The VAST MAJORITY OF DEFENDANTS (90%) never participate in a formal trial as they usually plead guilty as part of a plea agreement (a decision which itself requires competence)

Kendra's Law (Continued Criteria)

If non-compliant with Treatment Plan, consequence can be 72 hour hospitalization (if person meets criteria for admission) Initial AOT order is for at least 1 year with renewals for up to 2 years possible

Edwards v. Indiana (2008)

If one is competent to stand trial and waives right to counsel, they may still be required to have attorney if severe mental illness prevents them from managing trial proceedings This goes against Moran but *does not specify how to determine how someone competent to waive counsel is then not competent to represent self* Only guidance provided is person is unable to perform "basic trial tasks" The Court ruled that just because a defendant was competent to stand trial, it did not necessarily mean he was competent to represent himself

Threat/Violence Assessment Issues (Mullen Cont)

Importance of general violence risk assessment--> Must look beyond simply sexual assault or stalking behavior Risk of relying on evaluator viewpoint of stalker motives Importance of "team" decision making approach--> Emphasize that the victim is important Importance of perpetrator revealing identity Risk of relying on perpetrator "promises" (as well as "No suicide contracts") Goals of risk assessment: 1- Get person to stop stalking 2- Decrease chance of violence Selective use of restraining orders

Competence to Waive Right to Counsel

Important to establish given aim of fair trial Faretta v California: Per 6th Amendment, criminal defendant has right to represent self Rights associated with due process belong to the accused, not their attorney Free choice exists here even if it ultimately is not in defendant's best interest Defendant NOT considered incompetent just b/c they don't understand technical legal stuff (rules for selecting jury)

People vs. Kelly

In People v. Kelly (1973) 10 Cal.3d 565, the California Supreme Court held that: "When long-continued intoxication results in insanity, . . . the mental disorder remains even after the effects of the drug or alcohol have worn off. The actor is 'legally insane,' and the traditional justifications for criminal punishment are inapplicable because of his inability to conform, intoxicated or not, to accepted social behavior. . . . 'Settled insanity produced by a long-continued intoxication affects responsibility in the same way as insanity produced by any other cause. But it must be "settled insanity," and not merely a temporary mental condition produced by recent use of intoxicating liquor.' . . . Thus, it is immaterial that voluntary intoxication may have caused the insanity, as long as the insanity was of a settled nature and qualifies under the M'Naghten test as a defense."

Death Penalty Mitigation

In capital cases, attempts by the defense team to reduce or avoid the sentence of death for their client based on factors that lessen the offender's culpability. Examples of mitigating factors are the offender's age and a history of child abuse. The Court also ruled in several cases that a death sentence cannot be carried out against two groups of convicted offenders: those who are severely mentally ill and those who are severely intellectually disabled

least detrimental alternative standard

In custody decisions, the standard that chooses the arrangement that would cause the child the least amount of harm In fact, one can argue that this standard should be adapted as we are better able to find what leads to bad outcomes and problems

MRI

In recent years, high-resolution imaging technologies have allowed neuroscientists and neuropsychologists to map significant differences in brain maturation Neuroimaging studies provide cogent evidence that the adolescent brain undergoes substantial structural, neurochemical, and functional changes during adolescence . These changes affect risk taking and delinquent behavior

Capital Sentencing

In the last decade alone, approximately eight states have banned this option as a punishment for murder The reasons are multiple, ranging from awareness of wrongful executions to the cost of carrying out this ultimate penalty. And, most recently, the drug protocol used in many states has been questioned, with some executions postponed until courts weighed in on its use In cases in which offenders face a potential death sentence, forensic psychologists and other forensic professionals also may work with the defense team to present arguments for mitigation, a process known as death penalty mitigation. Mitigation in this sense means to reduce the sentence by avoiding the death penalty

What about criminal charges (If Competency cannot be restored)

In this regard, Jackson gives no clear direction regarding the charges for an unrestorably incompetent defendant In some states, charges are dismissed "without prejudice" (leaving open option that they can be reinstituted in future) Maryland, for example, requires that misdemeanor charges be dismissed within 6 months and felonies within 18 months for youths who don't achieve competency

Common themes in schools where shootings occurred

In those schools where a shooting occurred, there was considerable evidence of: (1) an inflexible culture, (2) inequitable discipline, (3) tolerance for disrespectful behavior, and (4) a code of silence

life-course-persistent offender

Individuals that develop a lifelong trajectory of delinquency and crime beginning at a very early age, probably around 3 or even younger , LCPs as children miss opportunities to acquire and practice prosocial and interpersonal skills at each stage of development. This is partly because they are rejected and avoided by their childhood peers and partly because their parents and other caretakers become frustrated and may give up on them

Third Party Info (Broad Areas of Focus for Insanity Evaluation)

Info about offense- may come from witnesses, victims, attorney records, confession, autopsy records, media accounts, recorded interviews, police records Development History- Trauma, medical, family, education, work, psychosexual, psychiatric Prior legal problems- Court tecords, probation reports, juvenile justice, prison records May need to assertively pursue such info Validity of third party evidence must be considered (especially reports of those with some type of "stake" in case)

MSE

Instrument that has a way of both screening out the clearly not insane and screening in the "obviously insane" an observation of the person's appearance and grooming, and an assessment of orientation according to person, place, time, and situation There have not been any published studies of its reliability

Perspectives on Violence

Instrumental- occurs when the injury of an individual is secondary to the acquisition of some other external goal" Reactive- often the impulsive and unthoughtful response to a provocation, real or imagined

Interview Procedures (Court Ordered Examinations)

Interview w/ defendant which *briefly* reviews some areas covered by clinical interview such as: -education and employment history -living situation -health problems -Past experiences with legal system, legal proceedings and attorneys Obtain defendant description of current legal situation (w/ focus on whether they can LOGICALLY AND UNDERSTANDABLY communicate about these circumstances) Conduct MENTAL STATUS EXAM which includes task which screen for orientation, attention span/ concentration, memory and reasoning capacities

Session with Children (Child Custody)

Interviews, Observations & Psychological Testing Attempt to establish rapport and reduce anxiety Careful (not leading or suggestive) questioning is essential Observe parents and children together (note type/ levels of attachment)- especially important with younger children Age at which child's wishes (with custody) should be given greater weight?--> Some experts say 15, BUT must carefully consider REASONING behind preferences Child observations in various settings Parent & child given tasks to see how they interact, cooperate with each other Children interviewed individually, observed with parent, psychological testing may be completed

Focus on Relationship with Victim (Classification Method for Stalking)

Intimate: Stalker & victim had prior relationship. May be attempt to reestablish ended relationship. OFten history is + for abuse and violence committed by stalker Non-intimate: No prior relationship; Stalker selects victim possibly after brief contact or after just observation. Victim has difficulty identifying stalker because there is no prior connection

criminal psychopath vs sociopath

It is important at this point, however, to distinguish the psychopath from a sociopath, the common term for someone who commits repeated crime. Although they engage in repetitive crime, sociopaths—unlike psychopaths—have a sense of morality, show genuine empathy for others, and generally possess a well-developed conscience even though their criminal activity may suggest otherwise

Visitation Risk Assessments

It is not uncommon for a custodial parent to challenge or request a change in the visitation rights of the noncustodial parent. Consequently—in addition to custody evaluations—psychologists and other mental health practitioners are sometimes asked to conduct visitation risk assessments to help courts decide whether visitation rights should be limited or abrogated completely The psychologist conducting the visitation risk assessment ideally interviews both parents and, depending on the circumstances and the child's age, may also interview the child

antisocial personality disorder vs psychopathy

It should be emphasized that, although there are many behavioral similarities, the terms antisocial personality disorder and psychopathy are not synonymous Antisocial personality disorder refers to broad behavioral patterns based on clinical observations, whereas psychopathy refers not only to specific behavioral patterns, but also to measurable cognitive, emotional, and neuropsychological differences.

How about the criminal charges?

Jackson gives no clear direction regarding the charges for an unrestorably incompetent defendant In some states charges are dismissed "without prejudice" (leaving open option that they can be reinstituted in future) If the charge is serious and the person is found not competent, the person is sent to a psychiatric forensic hospital setting for "restoration" and they will be treated with hope of becoming competent--> Person would be tried again once they regain a sense of competency

Step 2 (Requesting a CST Exam)

Judge orders Competency to Stand Trial Exam (CPL Article 730 Examination) Court order includes charges and spefies that exam must be performed by either a "qualified psychiatrist" or "certified psychologist" Fundamental Question on court order: *Does the defendant, as a result of mental disease or defect, lack the CAPACITY TO UNDERSTAND the proceedings against them or to ASSIST IN THEIR DEFENSE?*

Durham vs. US

Judge stated insanity finding is appropriate if crime is result of mental disease or defect. Decision also important as it stated that expert opinions should be given considerable weight in such cases Not a widely used standard--> How do you tell that a crime is the product of a mental illness

Causes That Don't Establish Incompetence

LACK OF FAMILIARITY with legal process based primarily upon lack of exposure ("Idk what a jury does") SITUATIONAL PROBLEMS which may temporarily limit performance during competency exam (e.g., fatigue; recently received bad news or misfortune such as job loss) DISSIMULATION- Attempts on defendant's part to distort their personal presentation often (but not always) in an attempt to be found incompetent. All CST exams must assess for dissimulation

NYS Mental Hygiene Law

Law that describes several ways CC can occur for those requiring inpatient psychiatric care Ex: 2 PC; DCS; Emergency Commitment

Legal Rights of those Committed

Legal hearing required in cases of involuntary civil commitment Patient notified, process explained, represented by attorney Must be determined mentally ill and dangerous based upon "clear and convincing evidence" Legal determination regarding commitment need not be same as recommended by clinicians (usually is) To be considered by clinician: What is least restrictive treatment setting given person's condition and needs?

Factors considered (dangerousness to others)

Level of anger Motivation for revenge Beliefs that someone in community is threat with plans to defend Stated plans to harm others regardless of reason Prior violence Means & Methods are available

Insanity

Longstanding topic of debate/ controversy Allegation: Criminal act/behavior occurred under conditions of insanity Case examples:

Looking at Competency Skills

Looking at these are accomplished using standardized competency instruments IN COMBINATION WITH questions pertaining to unique aspect of defendant's case (competency measures should NOT be used as stand alone tests of CST)

Insanity Evaluation Process

MSO evaluations complicated by *RETROSPECTIVE FOCUS*--> In the past How might intervening events impact findings?--> involves an INVESTIGATION Broad areas of focus- 1: Third party info 2: Defendant's own report of MSO (& relevant history) 3: Relevant psych assessment techniques and measures

Standardized Competency Measures

MacArthur Competence Assessment Tool- Criminal Adjudication (MacCAT-CA): -Contains 22 items -Semi-structured interview -Normally take 25-45 min to administer ECST-R

Restorability (General Findings)

Majority of defendants are restored to competence within 6 months Rates of restorability for incompetent defendants with intellectual disability is much lower (e.g., < 35%)

Myths and Misperceptions (Insanity Defense)

Many defendants use defense It usually is successful Those acquitted with defense get released soon after They are released despite continued dangerousness

In Reality(If Competency cannot be restored)

Many states (25+) continue to permit defendants to be criminally committed beyond a "reasonable period of time" Some put no time limit on length of criminal commitment; some use maximum sentence defendant would receive if convicted; and some specify a timeframe (e.g., 5 years in Florida) not clearly linked to restoration issues

Mass Murder

Mass murder usually happens suddenly and unpredictably—rarely is there any sequel. A long-term search for the perpetrator is not necessary. It is often clear who the offender is, although the motives are sometimes unclear. The motives of mass murderers are highly variable Mass murderers are frequently described as frustrated, angry people who feel helpless about their lives Mass murderers are often socially isolated and withdrawn people who lack a strong social network of friends or supporters.

Mental Disease or Defect

Mental Disease: Usually associated with some form of mental illness (often psychosis but not restricted to this) Mental Defect: Usually associated with Intellectual Disability (Mental Retardation) or at times viewed by courts as "defects" not expected to improve (e.g., Autism)

Possible Causes of Incompetence

Mental Illness- often psychosis, but resulting functional deficits are more important than diagnostic classification Developmental disability- Such as Intellectual Disability; limiting capacity for comprehension and decision making Developmental Immaturity as seen in younger individuals with reasoning and understanding limitations based upon yet to develop cognitive skills -Ex: appreciation of long term consequences -Ex: Preference for long term placement rather than "going back to school"--> individual wanted to be sent away

Treatment for ADHD

Methylphenidate (Ritalin), Amphetamines (Dexedrine)

Intelligence (development of delinquency)

Moffitt (1993a) hypothesizes that the more serious, persistent offenders should demonstrate lower intelligence or cognitive ability than non-offenders Individuals who chronically engage in violence tend to misread emotional cues from others and become confused and angry in ambiguous social situations Highly aggressive and antisocial children appear to be less equipped cognitively for dealing with ambiguous or conflict-laden situations. They also possess biases and cognitive deficits for dealing with and solving problematic social encounters with others

Insanity Defense

Most commonly used MSO type of defense (also most controversial) Basis is that most people commit crime with some RATIONAL REASONING and do so of their own "FREE WILL" and as such, they deserve punishment In case of some mentally ill, *The behavior lacks rationality and they might not be able to control it* As a result, question exists as to whether they should be considered criminally liable or responsible Purpose of punishment: Normally, Retribution and Deterrence --> Might not work for insanity Society's response should be different for those who lack understanding or ability to control themselves at time of offense--> Should be treatment and understanding Hospital is needed for institutionalization rather than prison

Philip Resnick's Talk on Stalkers

Mullen et al (1999): "Stalker Subtypes"- Based on study of 145 stalkers referred to forensic psychiatric center for treatment. -Duration of stalking: 4 weeks to 20 years (Average was 1 year) -63% made threats -36% were assaultive Subtypes: 1. Rejected Stalker 2. Intimacy Seeker 3. Incompetent Stalker 4. Resentful Stalker 5. Predatory Stalker

Since the Dusky Standard was established,

Multiple lists of functional abilities needed for CST has been published: -Defendant understands they are accused of a crime -That court will decide on guilt or innocence -That trial might result in punishment -That defendant's beliefs about their trial are rational -That they can consistently provide details of events relevant to their charges -That the prosecutor's role is to pursue a conviction -That they can comprehend instructions and advice

Types of Violent Crime

Murder and nonnegligent manslaughter Rape Robbery Aggravated assault

Hate Crimes

Neither hatred nor prejudice alone is sufficient to constitute a hate crime. There must be an underlying criminal offense—for example, an assault, vandalism, arson, or murder—that is motivated by the hatred or prejudice Based on national statistics, hate crimes appear to account for a relatively small percentage of all criminal violence, usually about 4% Available data indicate that a majority of hate crimes are motivated by race/ethnicity/ancestry bias (56.9%), followed by religious bias (21.4%), sexual orientation bias (18.1%), gender identity bias (2%), and disability bias (1.3%)

Nomothetic vs. Idiographic

Nomothetic: compares all people on the same dimensions Idiographic: in-depth analysis of single person and dimensions relevant to that individual's personality - you may get some more unique results from this - Not so generalizable though (in terms of results)

Individual Interviews with parents (Child Custody)

Obtain history and perspectives on relationship with spuse and children Viewpoints about best custody arrangements Parenting style and discipline method View of other parent Any allegations of violence/ abuse Thoughts about relocating Evaluate psych status such as insight into personal contribution, tendency to rationalize/ blame, externalize Each should feel that they are "heard"--> Normally seen with different ideas of the truth Psych testing may be performed

Criteria (Civil C)

Often not as clear as for criminal commitment (where crimes are defined by specific acts, charges, consequences) While some variability exists, the following are often present: -One severe mental illness with acute symptoms (psychosis) which impairs functioning -Note that mental illness alone or need for treatment alone would not be basis for CC *Functioning includes behavior, judgment, appreciation of reality, capacity to meet basic needs, danger to self and/or others*

Parental Relocation

Often, the custodial parent wishes to move with his or her children to a new location following separation or divorce. When the noncustodial parent challenges this move, a court battle may follow Relocation becomes especially problematic when the court has previously granted a joint custody arrangement during the divorce process, because the court now must decide whether to institute another arrangement. More important, the court must also decide on the potential damage to the relationship between the nonrelocating parent and the children involved Frequently, the psychologist or MHP is requested by the court to do a relocation evaluation. In these cases, the evaluator must be familiar with specific statutory requirements and case law precedent pertaining to relocation

Stahl (2011): As it relates to BIOC

Optimal parent situation: Both available, psychologically healthy, & involved in child's life Children adjust best when parents, post-divorce, can interact w/o high levels of hostility & conflict and where each encourages relationship with the other Where child spends time with each parents in ways that are developmentally appropriate (parenting plan should fit child's age and developmental level) Where a strategy is in place to reduce and manage conflict between various family members when it occurs Where 1 parent is abusive or a risk to child's safety Those critical of BIOCS state vagueness create issue of judges trying to make clear legal standards in decisions Schultz et al.: In reality, judges base decisions on "the least detrimental alternative standard"- custody given to parent expected to cause least amount of damage

Subtypes of non-intimate stalkers

Organized Type- Stalkers carefully communicates to victim in anonymous ways. Stalker's identity is not known to the victim Delusional Type- Relationship is based only on stalker's obsession. Stalker falsely believes they have relationship or some type of connection with victim

Psychological Measures of Psychopathy

PCL-R: 20 items; most popular to use PCL:SV PCL:YV P-Scan: Research Version- serves as a rough screen for psychopathic features and as a source of working hypotheses to deal with managing suspects, offenders, or client TriPM- consists of three scales: Boldness, Meanness, and Disinhibition

Evaluating Civil Competencies

People with mental impairments or mental disabilities have the *RIGHT TO SELF DETERMINATION,* unless well established reason exists that they should not Self determination involves making ones own decisions and personal choices and knowing what is best for them Exceptions: 1- If their behavior will cause harm to others/ themselves 2- They don't have capacity to make decisions

Impact of Intoxication

Per Kane v US (1968), mental disorders introduced as part of insanity defense "must have been brought about by circumstances beyond the control of the actor" So, if the impaired MSO (even if extreme) is the result of substance use, it would not meet standard for insanity defense VOLUNTARY Drug/ ETOH use should not be the basis for removing criminal responsibility

Other Considerations (CC)

Person determined to be threat to self or others Highly disruptive behavior b/c of severe mental illness Presence of significant withdrawal symptoms Psychiatric needs cannot be met in community

Elements of: the M'Naghten Test

Person has mental illness--> DISEASE OF THE MIND Person DID NOT UNDERSTAND "nature of quality of the act" Inability to tell RIGHT FROM WRONG Note focus on COGNITIVE ASPECTS of insanity--> Thus a fairly narrow focus (cognitive prong) Another coponent eventually added: "Irresistible Impulse Test" (volitional prong)

Actus Reus (AR)

Physical act of a crime The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.

Physical vs. Legal Custody

Physical: Child lives with parent who is their primary caretaker Legal: Parent designated to make legal decisions regarding child (medical intervention) Conceivably: 1 parent can have sole physical custody while both have legal custody

Do psychopaths commit instrumental or reactive forms of violence more often?

Psychopaths demonstrate a lack of empathy or remorse and have shallow emotions in general. However, they are also impulsive and highly reactive to provocative situations *According to research, psychopaths tend to engage in the more instrumental, goal-driven (e.g., to obtain money or drugs) homicides, whereas non-psychopathic offenders engage in predominately reactive, spontaneous violence*

How dangerous are those found NGRI?

Public often uses term "insanity" when referring to something extreme, even when NGRI defense is NOT being used In reality: *Compared with felons who commit similar crimes, those found NGRI are not more likely to re-offend upon release--> Normally less or equal*

What happens if found NGRI?

Rarely "walk away" as when others acquitted of crime/ charge Some states require automatic hospital commitment (w/ required minimal stays of 2 months - year) Sometimes for a lengthy period of time

Peer Non-Cyberbullying

Rather than focusing on the personality traits of those who bully or are bullied, Faris and Felmlee (2011b), in a very important study, investigated the social networks in which bullying takes place. The results of their study revealed that, "for the vast majority of adolescents, increases in status are, over time, accompanied by increases in aggression toward their peers" (p. 67). Their findings indicate that bullying does not emerge from isolated adolescents who are on the fringes of the school hierarchy, but rather occurs most often among relatively popular young people seeking additional status—in other words, students at the mid levels of status. Studies also show that bullying behaviors are partly maintained by the responses of those peers who witness the bullying

Immigration Proceedings

Recently, the question of adjudicative competency in immigration deportation or removal proceedings has been raised by immigration lawyers and legal and behavioral scholars and researchers In reality, immigrants often do not show up for court hearings because they did not understand how to connect with lawyers, or out of fear of being immediately deported

Role of Forensic Psychologists (Involuntary Commitment)

Regardless of the nature of the involuntary commitment (inpatient or outpatient and its variations), the assessment skills of forensic psychologists are required to help determine whether the individual meets the standards for commitment. Demonstrating the presence of mental illness and determining treatment needs of the individual are probably the easier of the clinician's tasks The individual's potential for dangerousness to self involves an assessment of suicide risk. --> Interviews with the individual also may uncover suicide ideation, or fantasies of killing oneself. Both the frequency and intensity of such ideations should be considered.

Dusky Standard

Relates to juvenile and adult competency to stand trial and decision-making abilities. The rule holds that defendants must be able to *understand* and *appreciate* the criminal proceedings against them and be able to *assist* their attorneys in their defense. Based on the 1960 Supreme Court decision which provides definition of competence to stand trial Seen as the standard in federal and most state courts

Stalking (Definition)

Repetitive harassing or threatening behavior such as following a person, appearing at their home/work, making harassing phone calls, leaving written messages or objects, or stealing their property. There may/may not be a credible threat of serious harm & actions may/may not be precursors to an assault or murder. Other behaviors: -Killing/harming victim's pet(s) -Sending victim cards or gifts -Sending victim photos of him/her taken without consent or knowledge -Leaving phone, text, email, other hand written messages -Monitoring victims internet history/computer usage -Using tech to gather info on and/or images of victim

SSI Report

Report that examined 37 school shooting incidents involving 41 student shooters. In the Safe School Initiative report, researchers concluded that those involved in school shootings did not "just snap"; they planned their attacks ahead of time. According to the report, for more than half of the school shooters, the motive was revenge. In many cases, longstanding bullying or harassment played a key role in the decision to attack.

Capacity (Competency) to stand trial

Requires assessment of *specific psychological and functional capacities* which may or may not be relevant to other types of legal competency Is a *current status assessment* such that the same person may be found incompetent at one point in time but not another Also referred to as: Fitness to stand trial Fitness to proceed Competence to proceed *Adjudicative competence*

Gendered Pathways Approach

Research that indicates that girls and boys or women and men develop criminal behavior in different ways.

Steinberg's Dual Systems Model

Risk-taking behaviors peak during adolescence because activation of an early-maturing incentive-processing system (the 'socioemotional system') amplifies adolescents' affinity for exciting, novel, and risky activities, while a countervailing, but slower to mature, 'cognitive control system' is not yet far along in its development to consistently restrain potentially hazardous impulses"

What prompts a civil commitment?

Same behavior (Trespass, assault, robbery) may trigger need for a criminal or civil response Police may be involved in both cases & person is processed through criminal justice system or taken to setting such as hospital for assessment & treatment (if needed) Treatment provided may or may not be voluntary If person found is a danger to self/others, state law allows holding them with possibility of involuntary commitment While not usually possible to force treatment for physical illness, this can occur for some conditions

Personality Disorders (PD) and Stalking

Sample found 50% had PD (much higher than 9% in community) On average, stalking offenders met criteria for 2 PD's Significantly higher levels of psychopathy and aggression in those with PD diagnoses

Fundamental Question

Seen on a court order for requesting a CST *Does the defendant, as a result of mental disease or defect, lack the CAPACITY TO UNDERSTAND the proceedings against them or to ASSIST IN THEIR DEFENSE?*

sanity evaluations

Sanity evaluations are different and are thought to occur far less frequently, though the exact number is difficult to determine AKA Criminal Responsibility (CR) AKA Mental State at the time of the offense.(MSO)

Factual Understanding of Courtroom Proceedings (ECST-R)

Second step of ECST-R Evaluates basic knowledge of courtroom roles, procedures as well as knowledge of charges

Nomethetic Patterns (suicide)

Sex: Women more likely to attempt; men more likely to complete Age: For males risk increases with age; highest risk for females from mid 30s to mid 60s Race: Completed suicide rates is 2x higher in Caucasians than non-caucasians Marital status: Greater risk for single, divorced, widowed Other risk factors: Unemployment, Alcohol dependence, Depression vs Schizophrenia, previous attempts, severe distress, plans, methods considered, steps taken Prese

MSO

Should those classified as "insane" be held responsible for their criminal actions? Requires consideration of person's "Mental State at Time of Offense" (MSO). Should MSO be a factor in determining guilt and criminal responsibility?

Stalking (& Domestic violence)

Similarities sometimes seen between those prone to both Commonalities: *Problems with emotion regulation (depression, anger, jealousy, substance abuse)* History + for early life trauma and early attachment problems Those prone to stalking sometimes described as quick to jealousy, extremely possessive, controlling, lacking in social skills, & having few friends

Stalker Subtypes (Reid Meloy)

Simple Obsessional Stalker (65%)- Prior relationship exists; potential exists for violence to others and property Love Obsessional Stalker (25%)- Usually no prior relationship; Stalker attracted to victim and has ideas of a future relationship; least dangerous Erotomanic Stalker (5%)- Harbors delusions that victim is in love with them; also thinks victims is powerful, famous

Custody Arrangements

Sole Custody- One Parent: -Most common; typically mother -Noncustodial parent usually has liberal visitation privileges if desired. -Court must be informed of major relocation plans; court must approve. Joint Custody- Two Parents Share: -Children may or may not alternate living with both parents; decisions made jointly. -Is best when conflict between parents is at a minimum, but positive parent-child relationship is most important. Divided Custody- Both have sole custody on a rotating basis: -Custodial period usually revolves around school year. Limited Join Custody- Both Parents have legal authority, but only one has physical authority: -Conflict between parents or between a parent and child make joint physical custody problematic. -Also may occur when one parent is unable to assume physical authority but wants shared authority with respect to legal issues.

Custody Types

Sole Custody: Only 1 parent Divided Custody: Each parent has sole cutody at different times of the year Split Custody: Sole custody of 1 or more child Joint Custody: Custody is shared Parents may also be determined to have phsycial or legal custody

Psych Testing & Other Assessment Methods

Some measures specific to evaluating MSO are available Rogers Criminal Responsibility Assessment Scales (RCRAS) contains 25 scales to evaluate factors related to criminal responsibility Variables Considered: -Reliability of self report, malingering -Intoxication at time of alleged crime -Evidence of brain damage or disease -Intellectual disability -Bizarre behavior at time of crime -If they remember the crime -Delusions/ Hallucinations at time of crime -Planning and preparation -Awareness of criminality Psych tests normally provide info on current functioning while MSO evaluations require reconstruction of previous functioning The detailed case specific info needed for MSO evaluation typically not provided by psych test Tests may be used to examine hypotheses but are not primary data source for MSO determinations Even high tech brain imaging like MRI may appear to provide relevant info but can't establish presence of insanity offense If amnesia is reported, hypnosis may be useful Psychological tests SUPPLEMENT interview and investigation info

ADHD

Some research suggests that one of the primary causal factors of ADHD appears to be inhibitory problems due to neuropsychological deficits The inhibitory problems may be primarily due to motor (behavioral) control ADHD children often continually seek and prolong interpersonal contacts and eventually irritate and frustrate those people with whom they interact. Because of these annoying and socially inappropriate behaviors, they are often rejected by peers, especially if they are perceived as aggressive. This pattern of peer rejection appears to continue throughout the developmental years In many ways, then, ADHD appears to be more a disorder of interpersonal relationships than simply a disorder of hyperactivity The data strongly suggest that youth with symptoms of both ADHD and delinquent behavior are at very high risk for developing lengthy and serious criminal careers

Treatment of NGRI Defendants

Some states along with the federal government do require that the person be evaluated for possible hospitalization within a 2- week period, and that the evaluation be conducted in a secure setting Hospitalization is the most common outcome, but numerous individuals found NGRI are hospitalized for longer than the time they would have served had they been convicted Most states require NGRI patients to prove they are no longer mentally ill and dangerous in order to be released, and this is not easy to do, particularly when the individual was originally charged with a violent crime. In the case of persons found NGRI, the state cannot retry them—this would be an example of double jeopardy, which is in violation of the Constitution. Thus, if they are institutionalized, they receive treatment that is usually indistinguishable from the treatment received by other hospitalized patients

Court Ordered Examinations (Procedure)

Standard practice: 1- Explain purpose of exam 2- Explain the referral source (judge) 3- Explain your profession and role in process (examining, not treating source) 4- Explain the confidentiality limits (report goes to judge and then attorneys)--> What you say here is not confidential

socio-emotional system

Steinberg theorizes that risk taking increases between childhood and adolescence because of developmental changes in the regions of the brain The specific regions of the brain believed to be involved include a complex neurological network consisting of the amygdala, nucleus accumbens, orbitofrontal cortex, medial prefrontal cortex, and superior temporal sulcus. These neurological changes lead to significant increases in reward-seeking and stimulation-seeking activity during adolescence

cognitive control system

Steinberg wondered why risk taking decline between adolescence and adulthood? These growth changes, Steinberg contends, improve the person's capacity for self-regulation and regulate the socio-emotional system. Cognitive control refers to "the ability to persist in goal-directed behavior in the face of competing cognitive and behavioral demands and is a crucial component of self-regulation". The increase in reward-seeking needs occurs early and is relatively abrupt, whereas the increase in self-regulatory competence occurs gradually and is not usually complete until an individual has reached his or her mid-20s

School shootings

Student threats of violence, on the other hand, are relatively common at schools, but they are often expressions of anger and frustration rather than serious plans of an imminent shooting School shootings are usually carefully planned by the perpetrator, sometimes over a period of months or even years. In addition, the shooter often develops a "hit list" or a plan to kill a specific group of students, such as athletes Research has discovered that school shootings are a rapidly growing phenomenon in modern Western societies over the past two decades. In addition, more school shootings have occurred in the United States during that time frame than in all other countries combined

Factors Associated with Restorability of Competence (Warren et al 2013)

Studied 2260 cases where examiner found defendant not competent to stand trial Historically, large majority of incompetent defendants are restored to competency (75%) Favorable factors: -Being female -< 60 years old -Affective Disorder Diagnosis- Bipolar, Mood, etc -Ability to understand legal process -History of prior convictions (severely mentally ill or intelletually disabled are less likely to be chronic legal offenders)--> Especially women -Non compliant with psychiatric medication at time of offense -More likely to be viewed as restorable if exam requested by defense

Nijdam-Jones et al (Psychopathology of Stalking Offenders)

Study looked at 137 stalking offenders involved in community based treatment program between 2005-2013 in NYC All charge or convicted with stalking related charges (including harassment, violating order of protection) Carefully diagnosed via multiple methods including SCID-I and II--> Structured interview Attempt made to examine relationships between psychopathology and stalking behaviors with methods more precise than reviewing case history or police files

SEQ

The SEQ lists 29 specific behaviors and asks respondents whether they have ever experienced them on a scale of never to often. Five types of harassment are measured: gender harassment, seductive behavior, sexual bribery, sexual coercion, and sexual imposition. the SEQ was developed from research focusing almost exclusively on white participants. Although acknowledging the usefulness of the SEQ, several researchers have noted that research on sexual harassment does not sufficiently take into consideration differences in ethnic and cultural norms that might affect nonwhite victims

SVP Statutes

The commitment of violent sex offenders to mental institutions for indeterminate periods, against their will, after they have completed their prison sentences

Psychological Measures of Sexual Harassment

The dominant instrument for assessing sexual harassment from the perspective of the alleged victim is the Sexual Experiences Questionnaire (SEQ) --> "the most theoretically and psychometrically sophisticated instrument available for assessing incidence and prevalence of sexual harassment

Developmental perspective (delinquency)

The emerging developmental approach emphasizes the neurological, biological, mental, emotional, and social influences on children and how these in turn may affect the emergence of delinquency and adult criminal behavior The most fruitful approach is to conceptualize development as following a path or trajectory. Research has strongly supported the hypothesis that people follow different developmental pathways in their offending or non-offending histories

Prevalence (multiple murder)

The frequent onslaught of violence and multiple murder in the entertainment media eventually develops the impression that these incidents are much more frequent than they actually are Mass and serial murders seem to be on the increase in the United States because accounts in the media are readily available. However, a careful review of the data simply does not lend support to this perspective

Cyberbullying

The heavy use of electronic communications renders adolescents highly susceptible to become victims of cyberbullying, defined as the intentional use of electronic communication to intimidate, threaten, or embarrass another person A survey by Hinduja and Patchen (2009) found that 9% of middle school students reported being cyberbullied within the last 30 days, and 17% during their lifetime. Eight percent of the middle school students admitted cyberbullying someone Girls appear most likely to be both victims and perpetrators during the middle school years, while boys tend to be both victims and perpetrators in high school

Fair Fight Principle (FFP)

The idea that the defendant is given a fair opportunity in the court system

Study on Stalking

The key findings of the study were the following: -Thirteen percent of the college women had been stalked since the school year began. -Of the victims, 80.3% knew or had seen their stalker before. Stalking incidents lasted on average about 2 months. -Thirty percent of the women reported being injured emotionally and psychologically from being stalked. -In 10.3% of incidents, the victim reported that the stalker forced or attempted sexual contact. -Overall, 83.1% of stalking incidents were not reported to police or campus law enforcement.

Components of this definition (NYS Standard)

The lack of substantial capacity to know or appreciate need not be total/ complete "Know or appreciate" means to have at least some understanding beyond "surface knowledge" "Wrong" means understanding/ appreciating that conduct was against the law, against commonly held moral standards, or both Note that if defendant is not successful with this affirmative defense, the prosecution still must prove guilt "beyond a reasonable doubt" for them to be successful

Testamentary Capacity

The mental and physical ability to make a will Testamentary capacity usually comes into question when the testator (will-maker) is an older person, whether or not this is a first will or one that has been revised The law requires only that one be "of sound mind" when making a will. Specific requirements are that individuals: (1) know they are making a will, (2) know the nature and extent of their property, (3) know the objects of their bounty, and (4) know how their property is being divided The evaluation of testamentary capacity is usually retrospective, such that it requires the evaluator to interview those who knew the individual, review any available records, and draw inferences about the individual's mental state at the time the will was formulated

volitional prong (Irresistible Impulse Test)

The part of the insanity defense that requires acceptance of the possibility that a defendant could not control his or her behavior to conform to the requirements of the law. The volitional prong is not recognized in federal law or the law of many states, like NY. US Supreme Court has given freedom for states to determine their own standards Even if person understands and knows what is wrong, it is possible that they are UNABLE TO INHIBIT OR STOP THE BEHAVIOR M'Naghten (either alone or with Irresistible Impulse added) widely adopted in USA by early 1900's and remains (in some form) most commonly used insanity standard

Child Custody Standards

The primary legal standard introduced over a century ago was the tender years doctrine, in which it was presumed that the children, particularly girls and very young children, were best left in the care of the mother Today, the tender years doctrine has given way to the BIC standard, which does not presume that either parent is naturally better than the other. Nevertheless, in the vast majority of custody cases, the mother receives primary custody Krauss and Sales (2000) proposed a slightly different standard, the least detrimental alternative standard. They argued that psychological knowledge cannot determine which custody arrangement is truly in the child's best interest. Interestingly, representatives of family forensic psychology suggest that the legal principle should be the best interest of the child in relation to the family

Effects of cyberbullying

The psychological impact of even a single episode of cyberbullying can be quite devastating to the victim Many other incidents have been reported of teens either harming themselves, killing themselves, or experiencing serious psychological problems after embarrassing photos have been posted online Studies find that the effects on youth include anxiety disorders, sleep problems, loneliness, depression, substance use, low academic achievement, low life satisfaction, and in extreme cases, suicide attempts Studies have generally reported that girls are more likely to be victims and perpetrators of cyberbullying than boys

Methods of Evaluation (Child Custody)

The psychologist's report is often the most important document the court considers when making a decision on what is in the best interest of the child In conducting child custody evaluations, psychologists often use a variety of psychological inventories, interview questionnaires, and tests to evaluate parents, guardians, and children Six broad categories to help define good parenting that may be useful in custody, visitation, and relocation proceedings: (1) insight (2) willingness and ability (3) day-to-day versus long-term needs (4) child's needs before own (5) fostering attachment (6) consistency as well as flexibility

the social brain

The social brain rapidly develops throughout adolescence, before stabilizing in early to mid20s "Adolescence is a time of increased socialization when bonding with peers and potential romantic partners takes priority over established family relationships" (p. 106). Due to ongoing changes in social brain development, adolescence is a period of heightened sensitivity to sociocultural signals in the social environment

right-wrong test

The test of legal insanity, asking whether the defendant understood the nature and quality of his or her act and, if so, if he or she understood it was wrong Also called M'Naghten Standard Established in Regina v M'Naghten (1843)

Self Representation

There are many high-profile criminal cases that lead scholars to question the wisdom of allowing criminal defendants who are presumably mentally disordered to take such an approach. Theodore Kaczynski (the Unabomber) initially rejected the advice of his attorney to plead not guilty by reason of insanity, but then pleaded guilty and avoided a death sentence. Had he taken his attorney's advice, he might not have been convicted (though he almost certainly would have been institutionalized). Colin Ferguson, who opened fire on a Long Island commuter train, killing six people and injuring many others, was allowed to waive his right to a lawyer and represent himself during his trial Over 10 years after the Ferguson case, the Supreme Court ruled that a defendant who was competent to stand trial was not necessarily competent to serve as his own lawyer *immigrants who appear in court have little choice other than to represent themselves or be represented by an advocate who may not be proficient in immigration law. There is a shortage of lawyers who specialize in immigration law*

Defense (Insanity)

There are multiple types of defenses based on MSO: Insanity Diminished Capacity Character Defenses Affirmative Defenses (self defense) All require RECONSTRUCTION of defendant's thinking and behavior prior to and during the alleged criminal act All states don't recognized all MSO defenses (e.g., <50% recognize diminished capacity; at least 5 do not allow insanity defenses)

Serial Killers

There is no single identifiable serial killer type based on physical appearance, social class, or personality attributes. Research suggests that most serial killers are males, but there are exceptions, such as Aileen Wuornos, convicted of killing six men, who was executed by lethal injection in 2002. Research on female serial killers has been limited and has focused on small samples, but it is now believed that approximately 16% of all serial killers are female Serial killers have many of the same personality traits or behavioral features as the general public. However, the one trait that appears to separate them from the norm is their exceptional interpersonal skill in their presentation of self The geographic location preferred by serial killers most often tends to be a specific one

Which of the following describes a concern with sex offender typologies

They have not received empirical support

6th Amendment

This amendment guarantees defendants in criminal cases: -The rights to effective counsel, to confront their accusers, and to present evidence -Mental impairments might get in the way of an individual effectively working with their attorney and participating in their defense *DOES NOT ALWAYS GUARANTEE THE BEST COUNSEL*

Dusky v. US

This case decided that competency to stand trial requires the mental ability to : 1. rationally consult w/ one's attorney 2. understand the court proceedings in both factual and rational terms Milton Dusky was charged in the case of assisting and kidnapping, as well as raping a woman--> Had schizophrenia, but was found to be competent enough to stand trial--> Sentenced for 45 years --> Appealed for a retrial and sentence was cut in half b/c he was found not to be competent to stand trial

Co (Evaluation of Competency to Stand Trial-Revised)

This measure also addresses Dusky domains Scales: 1. *Consult with Counsel* 2. *Factual Understanding of courtroom procedures* 3. *Rational understanding of courtroom procedures* Also contains an "Atypical Presentation" scale which assesses dissimulation T scores are the scale used to evaluate if they are impaired and how they compare to other samples

Threat Assessment (violence)

Threat assessment is concerned with predicting future violence or other undesirable actions targeted at specific individuals or institutions after an expressed threat has been communicated It involves three basic functions: identify, assess, and manage

History and Legal Considerations (Insanity)

To be held responsible for a crime, person must possess "mens rea"--> guilty mind Typically both an ACT and MENTAL STATE are needed to find guilt (Physical act = Actus Reus) If MR is not there, criminal responsibility might be removed or lowered Insanity is where mental illness can serve the purpose of removing criminal responsibility Insanity (legal term) and NOT EQUIVALENT to mental illness (one can be mentally ill but not insane)

Psychological Testing (CST Exams)

Traditionally formal testing is not automatically included as part of CST exams but can be included if a need does exist The above also applies to formal tests of malingering (despite need to consider possibility of *Dissimulation* in all cases)

Step 1 (Requesting a CST Exam)

Typically occurs prior to start of trial (but can occur any time in criminal process) Most often issue is raised by DA (but can be raised by court or prosecutor) Rarely is request for exam denied by court when mental illness potentially interferes with competence

NGRI (not guilty by reason of insanity)

Under federal law (the IDRA), the jury had three options: guilty, not guilty, or not guilty only by reason of insanity. A NGRI verdict required that the individual be given a commitment hearing within 14 days, to determine whether he should be hospitalized

CAST-MR(Competency Assessment for Standing Trial for Defendants with Mental Retardation)

Used for those with intellectual disabilities 1. Questions involve very basic legal concepts and is made up of 50 questions--> Usually to be read at a 4th grade level -"What is a crime?" -"What do judges do?" 2. Skills to assist defense (What if the prosecutor asks you to do something you don't know?) 3. Understanding Case Events (What are you charged with? What does this mean?)

Language (Development of Delinquency)

Verbal deficits and impaired language development are closely associated with behavior problems and serious delinquency Delayed language development appears to increase stress and frustration for many children and impede normal socialization Frustrated about not getting his needs met through normal communication and social strategies, the child is drawn to more physically aggressive behaviors to get his way. This aggressive behavioral pattern, however, is likely to produce a circular effect, since aggressive and disruptive behaviors interfere with creating a positive social environment for language development and normal peer interactions. Therefore, aggressive or antisocial behaviors may, in turn, curtail language development

Does it work? (Insanity Defense)

Very general national estimate --> 25% (means not successful large majority of the time) Majority of cases where defenses is successful are those where insanity acquittals result from plea bargains (not full jury trials) Defendants in such cases where person is so mentally ill, even prosecutors view hospitalization as more appropriate

Interview with Defendant (Broad area of focus)

Vigorously performed History and current MSE (may not be same as time of offense) SPECIFIC OFFENSE-RELATED INFO: Defendant's understanding of offense, behavioral/emotional responses to it (like appreciation), psychotic symptoms, stressors present, substance use, events preceding offense, relationship with victim, amount of "preparation for offense" Situational Factors: DA&A use, roles of other people Inconsistencies must be clarified; request story to be repeated to assess reliability Examiner may need to be active, directive, confrontive & challenging at various times

Threat/Violence Assessment Issues (Mullen)

Violence potential varies with stalker subtype One intervention strategy does not "fit all" Greater intimacy; greater risk for violence "Face to face" threats- less likely to discount these Threat specificity- should be taken more seriously, the more specific the threat Threats made in anger vs after attempt at resolution--> Give more emphasis threats made in a calmer demeanor

Competency Evaluation

What we should do when evaluating someone's competence--> Not based on diagnosis alone Must rely more on degree to which psychiatric symptoms produce *COMPETENCE RELATED FUNCTIONAL LIMITATIONS* than on diagnostic category

Child Custody Evaluations

When children are involved, state laws also require that custody be determined for all dependent children under the age of 18 Research suggests that psychologists are, by far, the most preferred professional for child custody evaluations Bow et al. (2011) discovered that lawyers specializing in family law believe that the least important component of CCEs is the psychological testing of the parents and the child, even though psychological testing of the child and parenting questionnaires are commonly administered Courts exercise greater oversight in the case of a decision to remove children permanently from the care of their parents. This requires first a termination of parental rights, then a decision as to who should have custody of the child or children These are professional and ethical guidelines

Addressing Restorability

When finding is incompetent to proceed, examiners must address the following with data gathered during CST examination: -Whether it is possible that they will be restored to competency (90 days if misdemeanor and 2/3 of maximum sentence if felony in NY) -What type of interventions would be needed for this to occur -What setting should this be offered -What is a reasonable period of time that restoration should occur with treatment?

Forensic Psych Assessment (Waiving Counsel)

When issue of waiving counsel is present: 1- Conduct Competence of Stand Trial exam 2- Supplement with questions assessing understanding process of self representation -What tasks are performed by attorney (Jury selection, examining witnesses, etc) -Carefully consider REASONS defendant wants to defend self. Are these impacted by mental illness (e.g., paranoia, grandiosity)? Cognitive abilities must be evaluated, e.g., concentration, memory, reasoning, communication skills

Idiosyncratic/ Pathological Intoxication

Where extreme impairment occurs with ingesting small amount of ETOH (not expecting intoxication) Might be a basis for insanity defense (unless the person is found to have awareness of low tolerance) If used at defense, likely only allowed once (after first reaction)

How Insanity Definition Has Changed Over Time

Wild Beast Test (1724): One has complete lack of understanding and doesn't know more than an infant, brute, or wild beast--> Shouldn't be punished for their behavior M'Naghten (McNaughton) case(1843): Resulted in first modern standard of insanity Irresistible Impulse Test/ Volitional Prong Product Rule/ Durham Model Penal Code/ Brawner: 1972 IDRA- 1984 GBMI- 1975

Substance Withdrawal Effects

Withdrawal from some substances can result in severe psych impairments (delirium, hallucinations, delusions, misperceptions of reality leading to violence) As these reactions might be related to the discontinuation of intoxication (rather than intoxication itself) and not "expected" by person, this might be basis of insanity plea (again only 1st time it occurs)

callous-unemotional traits

a cluster of traits characteristic of psychopathic individuals, which includes a lack of empathy and indifference toward the feelings of others Further study revealed that high levels of impulsivity and egocentricity were apparent in these youths, and that they were not only diagnosed with severe conduct disorders but were also highly aggressive and often violent. Moreover, the youths displayed significant cognitive difficulties, such as the inability to take the perspective of others, self-serving cognitive distortions such as blaming others for their mistakes, and underestimating the likelihood they will be punished for misbehavior.

Stalking

a course of conduct directed at a specific person that involves repeated physical or visual proximity, nonconsensual communication, or verbal, written, or implied threats sufficient to cause fear in a reasonable person Researchers believe that the motives of most stalkers are to control, intimidate, or frighten their victims. The fears and emotional distress generated by stalking behavior are many and varied

Conduct disorder

a diagnostic designation used to represent a group of behaviors characterized by habitual misbehavior, such as stealing, setting fires, running away from home, skipping school, destroying property, fighting, or being cruel to animals. Under this definition—like the social definition discussed above—the "delinquent" may or may not have been arrested for these behaviors, and some are not even against the criminal law *central feature of conduct disorder is the repetitive and persistent pattern of behavior that violates the basic rights of others*

best interest of the child

a doctrine used to determine custody by examining factors that will best benefit a child Moved focus from parental rights to needs of child with consideration of child development Issue is, this is vague and nonspecific; difficult to operationalize Some states have guidelines to determine BIOTC, but not all

power of attorney

a legal document authorizing someone to act on your behalf

adolescent-limited offenders

a majority of adolescents are involved in some form of antisocial behavior during their teens, but then it stops as their brain matures neurologically and they approach the responsibilities of young adulthood. the frequency —and, in some cases, the violence level—of the offending during the teen years may be as high as that of the LCP youth, however. In effect, the teenage offending patterns of ALs and LCPs may be highly similar during the teenage years most likely to be involved in offenses that symbolize adult privilege and demonstrate autonomy from parental control, such as vandalism (usually school property), theft, drug and alcohol offenses, and other status offenses like running away or truancy During childhood, in contrast to LCP children, AL youngsters have learned to get along with others

Civil Litigation

a plaintiff must prove four elements: 1. Duty—that the defendant had an affirmative responsibility to do something or not to do something 2. Breach—that the defendant failed to meet that responsibility 3. Harm—that something bad—some identifiable injury—must have happened to the plaintiff 4. Causality—that the defendant's wrongful behavior was the source of the injury Damages fall into two principal classifications: compensatory and punitive

Antisocial personality disorder

a psychiatric diagnostic label reserved primarily for adults at least 18 years of age who displayed conduct disorder as children or adolescents and who continue serious offending well into adulthood The DSM-5 recognizes four categories of ASP which may occur alone or in combination: (1) aggression to people and animals, (2) destruction of property, (3) deceitfulness, and (4) serious violations of rules. Research has consistently shown that social rejection by peers in the elementary school grades is a potent risk factor for the development of antisocial behavior problems in adolescence and adulthood

disruptive behavior

a variety of actions that create problems for some children and their caretakers Disruptive behavior problems in childhood typically include hyperactivity, impulsivity, inattention, oppositional behaviors, defiance, aggression, and disregarding the rights of others

Neurobiological (Causes of Violence)

a wide array of neurological and neurochemical influences on the brain during the life course that may result in high levels of aggressive and violent behavior Among the more prominent environmental risk factors are the neurotoxins. Examples of neurotoxins are lead, cadmium, and manganese. Can also be caused by malnutrition, alcohol or drug use by the mother before birth, or traumatic head injury A supportive and competent social environment has been found to help

Three pronged test

as a matter of fairness, courts have recognized the need for competence in removal proceedings. In Re M-A-M (2011) (Ramos-Gonzales et al., 2016), and a later case, Franco-Gonzalez v. Holder (2013), articulated the following standard: -The test for determining whether an alien (sic) is competent to participate in immigration proceedings is whether he or she has a *rational and factual understanding of the nature and object of the proceedings*, can consult with the attorney or representative, and has a reasonable opportunity to examine and present evidence and cross-examine witnesses

Criminal Homicide

causing of the death of another person without legal justification or excuse The criminal law recognizes two major levels of criminal homicide: murder and manslaughter Manslaughter can be broken up into intended and unintended

Subtypes of Conduct Disorder

childhood onset: -occurs when the pattern begins before the age of 10 -children in the childhood-onset group are characterized by more aggression, more cognitive and neuropsychological disturbances, greater impulsivity, greater social alienation, and more dysfunctional backgrounds adolescent onset: -s characterized by the absence of any maladaptive behavior before the age of 10 -exhibit fewer problems in interpersonal and social skills but do reject traditional rules and formal procedure -y often associate with deviant peers in forbidden activities to show their independence and self-perceived maturity

Types of mass murder

classic family In a family mass murder—which is by far the more common of the two—at least three family members are killed by another immediate family member or relative. Very often, the perpetrator kills himself or herself. Both classic and family mass murders, but particularly the latter, are also often examples of homicide-suicides. In the classic mass murder, it is more likely that the perpetrator—if not alive—has been shot by police at the scene.

Malingering Assessment

criminal defendants may pretend they have symptoms of a serious disorder for a variety of reasons Forensic psychologists have at their disposal a variety of validated tests for detecting malingering: -SIRS: a well-regarded instrument for detecting the malingering of psychotic symptoms. -MMPI-2 -MCMI-III -The instrument R-CRAS also has the power to detect malingering NO FOOLPROOF WAY TO DETECT MALINGERING

Executive functions

deliberate problem solving and the regulation of one's thoughts, actions, and emotions important in understanding aggression and antisocial behavior because "people with executive function deficits are less able to override maladaptive response inclinations in order to maintain more appropriate and personally beneficial behavior" poor executive functioning is one of the hallmarks of antisocial personality disorder

Types of school threats

direct: Specifies a target and is delivered in a clear manner indirect: a more vague and ambiguous threat veiled: strongly implies but is not explicit conditional: often warns that a violent act will occur unless certain demands or terms are met

Risk factors on delinquency

experience of physical abuse exposure to aggressive peers children who spend large amount of time in unsupervised self-care early on after school poverty

Hedonistic Subtypes

hedonistic killers may be divided into three subtypes based on the primary motive for the murder: lust, thrill, and comfort The lust serial killer's primary motive is sex, even if the victim is already dead (an activity called necrophilia): Furthermore, "The killer kills in ways that reflect both the fantasy and the manner in which the fantasy is to be satisfied" The thrill killer is primarily motivated to induce pain or a terrified reaction from the victim. The pain and terror engendered, in combination with the process of the murder itself, are highly stimulating and exciting for the killer. Usually, the killer has no relationship with his victim, although he may have followed her for some time The motive for the creature comfort killer is to acquire activities (business interests) or objects (money) that provide a comfortable and luxurious lifestyle. The killer's victims presumably stand in the way of achieving this

involuntary civil commitment

hospitalizing individuals for psychological or psychiatric treatment against their will When people are recommitted, their status must be reviewed at specified intervals. Although standards vary somewhat depending on the state, the party seeking the commitment always has to prove by at least clear and convincing evidence that the individual is mentally ill and in need of treatment An extremely controversial area in involuntary commitment is the civil commitment of sexual predators. Less controversial, but still of concern, are the civil commitments of persons found incompetent to stand trial but not restorable to competence, or persons not guilty by reason of insanity. The latter is less controversial because the length of commitment is decreasing in many jurisdictions, with increases in conditional release. Sexual predators are far less likely to be considered eligible for conditional release

Incapacitation (Consent)

if their wishes are known, they will generally (although not invariably) be honored cannot make decisions in their best interest Although the U.S. Supreme Court has made it clear that competent individuals have a constitutional right to refuse life-prolonging treatment, it has not thus far supported the idea of aggressively hastening one's death. To date, it has been left to states to craft their own legal rules in this matter

Tort Law

law that defines and enforces duties and rights among private individuals that are not based on contractual agreements Tort law recognizes a claim for monetary damages when one breaches duty of care owed to another and proximately causes them harm Congress and state legislatures also recognized the formidable task faced by the injured worker pitted against his or her powerful employer. Under tort law, the employee would have to prove some fault on the part of the employer

juvenile delinquency

legally speaking, a juvenile delinquent is one who commits an act against the criminal code and who is adjudicated delinquent by an appropriate court. The legal definition is usually restricted to persons younger than age 18, but in some states persons up to age 21 can be designated youthful offenders, meaning that they are likely to get leniency at sentencing

Effects of Media Violence

media violence appears to have short-term effects on adults, but the real long-term effects seem to occur only with children. The effects are not only found in children who are already violence prone, but also in almost all children.

PCL-R

most widely used instrument for the measurement of the psychopathic personality assesses the affective (emotional), interpersonal, behavioral, and social deviance facets of criminal psychopathy from various sources, like behavior at work or school or towards family and friends highly trained examiners use all this information to score each item on a point scale of 0 to 2(0 = consistently absent, 1 = inconsistent, 2 = consistently present) A score of 30 or above usually qualifies a person as a primary psychopath persons with scores between 21 and 29 be classified as "middle" subjects who show many of the features of psychopathy but do not fit all the criteria. Scores below 21 are considered "non-psychopaths."

Socialization (Causes of violence)

processes through which a person learns patterns of thinking, behavior, and feeling from his or her early life experiences . Considerable research indicates that aggressive, antisocial, and violent behaviors are often learned from significant others (including TV, movie, on-line, or fictional characters) and are held in reserve for response to specific social situations

criminal psychopath

psychopaths who demonstrate a wide range of persistent antisocial behavior. As a group, they tend to be "dominant, manipulative individuals characterized by an impulsive, risk-taking and antisocial lifestyle, who obtain their greatest thrill from diverse sexual gratification and target diverse victims over time the actions of the psychopath are motivated by an excessive neuropsychological need for thrills and excitement.

Occupations (Workplace Homicides)

r half of the workplace homicides occurred within three occupations: -sales and related occupations (especially fast-food restaurants and beverage stores) -protective service occupations (especially law enforcement officers) -transportation occupations (especially ground-passenger transportation services)

Forensic Neuropsychology

the area within clinical neuropsychology that has shown the greatest growth explosion is forensic neuropsychology Explosion is due to demand by the legal system for expert testimony capable of identifying neuropsychological deficits. In civil litigation, the greatest growth has occurred in cases that involve traumatic brain injuries (TBIs), such as those suffered in motor vehicle accidents In civil proceedings, forensic neuropsychologists assess people of a wide range of ages, from preschoolers to the elderly. The issues range from evaluating parenting capacity in child custody cases to fitness-for-duty evaluations for police officers modern technology has reduced much of the standardized testing relied on in the past to localize the brain damage.

Situational Factors (Causes of violence)

the characteristics of the environment, such as stress or aggression in others, that encourage or engender violent behavior children who grow up in deprived environments where poverty, frustration, and hopelessness are prevalent are at much greater risk for later involvement in violence than other children, although most children growing up under these conditions do not follow a destructive path

cognitive factors (causes of violence)

the ideas, beliefs, and patterns of thinking that emerge as a result of interactions with the world during a person's lifetime--> hostile attribution bias aggressive children and adolescents have more antisocial, violent beliefs than their nonaggressive peers

Mens Rea (MR)

the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Uniform Crime Report (UCR)

the most frequently cited source of U.S. crime statistics does not include conviction data; it is strictly law enforcement information and does not tell us anything about whether individuals arrested were found guilty The two major divisions of serious crimes are classified as violent crimes and property crimes. The four offenses that qualify as violent are: (1) murder and nonnegligent manslaughter, (2) forcible rape (distinguished from statutory rape), (3) robbery, and (4) aggravated assault. The four offenses that qualify as property are: (1) burglary, (2) larceny-theft, (3) motor vehicle theft, and (4) arson

Female Psychopaths

the prevalence rate of psychopathy for female offenders in a jail setting was 15.5%, compared to a 25% to 30% for men. Female psychopaths tend to be more subtle and skillful in their aggression, exploitative relationships, and manipulation of others, which results in their harmful acts going largely unnoticed. Furthermore, female psychopaths are more likely than male psychopaths to target family, friends, or acquaintances rather than strangers Female psychopaths suffer greater levels of environmental deprivation, victimization, and mental health problems compared to their male counterparts

Civil Commitment of Sexually Violent Predators

the public as a whole favors registration and monitoring, at least of adult offenders, likely because they provide a feeling of safety—despite the fact that they also create anxiety among neighborhood residents. Interestingly, a recent U.S. Supreme Court decision found unconstitutional a North Carolina law that prohibited registered sex offenders from using sites such as Facebook and Twitter (but did not prohibit other sites) as a restriction of their First Amendment rights Less widely publicized is the commitment of violent sex offenders to mental institutions for indeterminate periods, against their will, after they have completed their prison sentences. Approximately 20 states and the federal government have such provisions, cumulatively known as sexually violent predator (SVP) statutes It is also important to note that commitment does not require evidence of a recognized mental disorder; mental "abnormality" is sufficient

Steinberg's Model

theoretical model that offers an intriguing neurological explanation for Moffitt's adolescence-limited offenders Steinberg hypothesizes that reward seeking and impulsivity develop along different timetables and have different neurological influences during adolescent and young adult development. Moreover, the differences in the timetables help account for the well-known high levels of risk taking during adolescence.

John Hinkley Jr.

tried to assassinate Ronald Reagan by shooting him in 1981 Obsessed with movie Taxi Driver and wanted to impress Jody Foster Hinkley found NGRI & hospitalized for years at St. Elizabeth's in Washington Resulted in criticism of insanity defense

Multiple murder

usually divided into three somewhat overlapping major-offender patterns based on the timing of the act serial murder: Refers to incidents in which an individual (or individuals) separately kills a number of people (usually a minimum of three) over time spree murder: the killing of three or more individuals without a cooling-off period, usually at two or three different locations mass murder: killing of three or more persons at a single location with no cooling-off period between the killings