Forensic Psych Midterm

Cycle of Abuse

Abuse occurs-->Reconciliation/Making up --> Calm --> Tension-building

Calm

Abuser acts like the abuse never happened. No abuse is taking place. Some promises made during the reconciliation/making-up phase are being met. Victim hopes the abuse is over.

Reconciliation/Making-up

Abuser apologizes for abuse, promises it will not happen again. Blames victim for provoking the abuse. Denies the abuse took place or isn't as bad as victim claims. Gives gifts to the victim.

Appeals Court

A court whose role is to review the decisions and actions of the lower courts

Relevant-Irrelevant Test

A deceptive person will show stronger reactions to relevant questions, whereas truthful subjects will show no difference in their questions to relevant and neutral questions

Primary Psychopathy

A subtype of psychopathy in which the individual is free from anxiety and best represents a true psychopath. Prototypical type caused by an inherent deficit.

Junk Science

A term used in legal rulings to refer to expert testimony based on poor or unsubstantiated findings

Cognitive Distortions

A term used to describe faulty cognitions or thoughts often present in individuals with mental illness

Cognitive distortions

A term used to describe faulty cognitions or thoughts often present in individuals with mental illness

Successful Psychopaths

A term used to refer to psychopathic individuals who are unlikely to be incarcerated and tend to be more intelligent, come from high socioeconomic status, and commit white-collar crimes

Tension-Building

Abuser starts to get angry, minor incidents of abuse begin, communication breaks down. Victim feels the need to keep abuser calm. Tension becomes too much. Victim/family members feel like they are walking on egg shells.

Violence

Actual, attempted, or threatened physical harm that is deliberate and non-consenting, the cause of violence is the decision to act violently (intentional in the eyes of the law)

Four Factor Model of psychopathology- Hare

Added on: Criminal Behavior (adds back antisocial into model)

Psych expert's struggles against legal system

Adversarial nature, conclusions will be critiqued in a competitive atmosphere, public place, no support for expert when on the stand, very frightening experience

Contingency Fee

An agreement by which a professional, normally an attorney, receives a fee based on the outcome. For example, attorneys routinely receive a percentage of any damages recovered in a civil lawsuit but nothing if they are not victorious in court

Amicus Brief

An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court might otherwise miss. The person is usually, but not necessarily, an attorney, and is usually not paid for her or his expertise. An amicus curiae must not be a party to the case, nor an attorney in the case, but must have some knowledge or perspective that makes her or his views valuable to the court.

PTSD

An anxiety disorder precipitated by a traumatic event that leads to symptoms involving reexperiencing the events, avoidance of event-related stimuli, and increased arousal

Psychopathy defined by DSM-5

An enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture. Pattern is manifested in two (or more) areas: cognition (perception & interpretation of events), affectivity (range, intensity, lability & appropriateness of emotions), interpersonal functions, impulse control

Control Question Technique (CQT)

An innocent person will respond as much or more to the control questions as to the crime-relevant questions, the guilty will show more physiological responses to the crime-related questions than to the control questions

Psychological autopsy

An investigation to help determine the mode of death in equivocal cases (even if no criminal act is suspected) (see if get workers compensation, if victim was acting in "self-defense")

Are women likely to have had a relationship with stalker?

Yes

Is violence a rare event?

Yes, even in violent and aggressive contexts

Is there a relationship between psychopathy and criminal behavior?

Yes. It has been called the single biggest factor in the assessment of future violence. May be sufficient in risk assessment in certain circumstances. Large relationships between psychopathy & both general criminal and violent recidivism.

Criminological malingering

antisocial or oppositional motivation

1960's civil commitment to present

Anti-psychotic meds led to deinstitutionalization, drop in number of people committed to mental institutions. The presence of a mental illness becomes less important. Now a legal issue of dangerousness is the focus.

Most common personality disorder

Antisocial PD (47%) Also: Borderline PD (27%), Schizoid PD(27%), Narcissistic PD (14%)

Domestic Violence

Any aggression or violence perpetrated within the context of a significant relationship (dating, marriage, family)

Secondary gain

Any external that someone derives from suffering from a mental illness

Actuarial Risk Assessment Instruments

Approach to violence risk assessment that tends to be fixed and based on a mathematical foundation

Prevalence of substance abuse among incarcerated offenders

Around 50% of people

Other civil proceedings

competence to parent a child, to serve as a witness, to make medical decisions, to make or change a will

MacArthur studies on differences in psychosocial and cognitive capacities in individuals with different ages

Cognitive capacity (as defined as basic intellectual and executive functions) increased earlier than psychosocial maturity did. Cognitive capacity peaked and leveled off at age 16. Psychosocial maturity showed steady increase from age 16-30. Impulsivity, sensation seeking, future orientation, and peer influence showed development well into young adulthood. Risky behavior is more common later in adolescence and early adulthood.

Discrediting role of a psychologist

Come into court to evaluate the testimony or work product of an opposing expert

Ways to communicate risk

Communicate it in testimony or reports, in accurate and effective ways, in terms of risk management, identification of risk factors, and interventions to reduce possible violence, communicate in terms of categories (low, medium, high level of risk) rather than probabilities

Standards of competence

Competence to confess, to plead, to stand trial, to waive right to attorney, to refuse insanity defense, to be sentenced &/or executed

Ethics of Expert

Competence, informed consent and confidentiality, financial arrangements, multiple relationships

Competence vs. Insanity

Competence: present mental state, postpones adjudication, presence of mental illness not required Insanity: mental state at the time of the crime (retrospective), legal verdict of not guilty, requires presence of mental illness

Other types of criminal competency assessments

Competency to be executed, to waive Miranda rights, to refuse insanity defense

Other types of civil competency

Competency to treatment, to execute a will, related to guardianship

Clarity

Expert should be clear and understandable

Ultimate Issue Testimony

Expert testimony in which the expert gives a conclusion that answers the ultimate legal question, the question that is presented before the court

Criminal Profiling in the Court

Expert testimony on profiling is not likely to be admitted in court (Daubert standard) Despite the disagreement and ambiguities, profiling criminals can aid in both the detection and prevention of crime

Experts argue against serving as both a ? & a ?

Experts have argued strongly against serving as both a consultant and a testifying expert witness in the same case

Probative Value

Extent to which info is helping to prove a particular point or succesful in deciding an issue, used in the context of the prohibition of the admission of evidence that is more prejudicial than probative

Risk markers of stalkers

Extreme jealousy, possessive, need to control, absence of friends, poor social skills, show extreme emotional deregulation

5 important stressors that affect well-being

Extreme noise, heightened temperature, elevated levels of fear, filth, and overcrowding

Single most frequent cause of wrongful conviction

Eyewitness Identification

Role of examinee's perspective

FPsych: subjected to heavy scrutinee

Dahmer PCL-R Factor 1

Factor 1 Glibness/superficial charm 2 Grandiose sense of self-worth 2 Pathological lying 2 Lack of remorse or guilt 2 Shallow affect 2 Callous/lack of empathy 2 Failure to accept responsibility for actions 1 Conning/manipulative 2

2nd Factor of PCL-R

Factor 2 is often labeled as the socially deviant/antisocial lifestyle factor and consists of behaviorally based items such as impulsivity, etc.

Protective Factor

Factor that decreases the likelihood of violence

Status of polygraphs in courts

Federal appeals court divided regarding the admissibility of polygraph evidence, SCOTUS ruled 8-1 that polygraph results are not admissible in military courts (US v. Scheffer)

1st Gen of research on predicting violence

Few studies done, with most focusing on the relationship between mental illness and violence (people in psychiatric, forensic, and correctional settings awaiting release), Found: mentally ill are less prone to violence and have lower arrest rates, can't predict violence accurately

Process of civil commitment: Formal

File a formal petition to the court to order commitment with possible evaluation and commitment. Involves numerous protections: written notice of hearing, right to counsel, opportunity to call witnesses, right to a jury trial.Process is less adversarial, but some believe it's paternalistic. Average length of hearings is 12 minutes.

Corruption of Experts (7 reasons)

Financial Incentives, Extra-forensic relationships (family or psych association), attorney pressure (giving bad data, claiming that another attorney will do the job), political and moral beliefs (expert will only testify in cases that fit), Notoriety (get some limelight), Competition (sometimes between expert witnesses), Lack of recognition of bias

Goal of assessment in therapy

Getting proper diagnosis and treatment plan for the individual, relationship is one of care and support, review past records

Psychological abuse

Gross and enduring impairment of one's psychological functioning that significantly limits the meaning and value of one's physical existence

Lee Harvey's mother

Had a significant influence on him, unstable relationship patterns, overbearing, moved around a lot

Simple Obsessional Stalking

Had prior relationship, can't give it up. More likely to assault person and property

APA stance on adolescent maturity

Has been criticized as inconsistent, science has shown that adolescents are mature as adults

Problems with children eyewitnesses

Heightened suggestibility, increased errors

Support role of a psych consultant

Help explain the impact of someone's behavior on the jury and custody evaluation and support this person throughout the process

Goals of risk assessment

Help mental health professionals: make better decisions, improve consistency in decision making, protect safety, guide intervention, protect an individual's rights, liability management

Certainty

High confidence without too much

Correlation between APD & Psychopathy (and differences)

High: .55-.65 (psychopathy is not listed as a disorder in DSM-V, its diagnosis is more narrow and specific than ASPD)

Violence in US compared to other industrialized nations

Higher than most

5 Facets of Risk Assessment

Nature of violence, severity of violence, frequency of violence, imminence of violence, likelihood of violence

Competence as a witness

Need specific forensic experience in field that are testifying in

PCL-R No Factor

No factor Promiscuous sexual behavior 2 Criminal versatility 1 Many short-term (marital) relationships 2

Love Obsessional Stalking

No prior relationship, but have attraction and wish. Least dangerous type.

Effect of UIT

No significant effect in 1 study

Does reliability=validity

No, but higher levels of validity and reliability suggest that a procedure is sound enough to be used

Do experts testify a lot in court?

No, most cases are settled outside of court

APD & Psychopathy diagnosed together?

No. 90% of psychos have APD, but not all people with APD are psychos (15-30%)

Is the PCL-R applicable to youth?

Nope

Are polygraphs a generally accepted measure?

Nope, they continue to be excluded from court testimony today

Does psychopathy have a burnout rate like ASPD?

Nope. Psychopaths appear to commit higher rates of violence than non psychopaths even after age 40

The prevalence of psychopathology and mean score of PCL-R are higher in ------ samples

North American

Can you link evidence to behavior when testifying?

Not always, you need to stand by your psych standards

Durham Test

Not criminally responsible if his or her unlawful act was a product of mental disease or defect

Outcome of Oswald's treatment

Not much improvement because mom always found a way to avoid treatment, court ordered he receive mandatory psych care, so mom moved out of state. Also no clinics appeared willing to take Oswald.

PCL-R for African Americans

Not reliable or valid, but this is a current debate

Contact with the law begins process with juves, officers may:

Question, release, release without warning, take into custody, detain for an extended period of time

4 Guidelines to Forensic assessment report

Separate facts from inferences (distinction between conclusion and what the conclusion was based on), stay within referral question, avoid information over/underkill, minimize clinical jargon

Andreah Yates

She was drowned her five children, was sentenced to the death penalty but then because an expert witness provided false testimony, she was sentenced to life in prison. She was then retried and found not guilty based on her insanity, and was sentenced to a mental facility.

Situations in which we are good at predicting risk

Short periods of time, adequate information about past behavior, better when there is information about high base rates of violence (like in institutional settings)

Criticisms of the polygraph

Test is stressful and intrusive, examiners often rely on deceit to convince the subject that the test is accurate

Character Evidence

Testimony used to describe a person's general character and reputation in the community. It is in contrast to substantive evidence issued at a trial

Was Dahmer insane?

The Dahmer case is a prime example of one in which an obvious mental illness is not sufficient to establish an insanity defense Dahmer fully understood the criminality and legal consequences of his acts Professional opinions range from sane to insane, not very conclusive

Rationale for insanity defense

The act will not make the person guilty unless they have a guilty mind, removes or diminishes criminal responsibility from the defendant

Who is the client in an assessment?

The client is the examinee in therapeutic assessment In Forensic one, the client is the individual who seeks out the scientist and pays for the services

Anamnestic Risk Assessment

The complete case history. Based on a specific analysis of how a particular person has acted in the past or in similar situations

Consequences of Therapeutic Assessment

The design and implement of an intervention to reduce suffering

Evaluating competency to stand trial vs. plead guilty

To stand trial is not as exacting, but Dusky is used for both

Criticism of Frye

Too conservative, doesn't really allow for brand-new or novel scientific testimony, strongly criticized (allows for junk science), still operative in NY state

Two explanations of hypnosis

Trance induced by a skilled practitioner, heightened suggestibility

Treatment in forensic settings

Treatment to restore competence to stand trial Treatment after adjudicated and subject is incarcerated or institutionalized

Types of forensic consultation

Trial consulting, jury selection, review work of opposing experts, policy issues

District Courts

Trial courts in the US federal court system

Outcomes when incompetent

Trial delayed until competency is restored (sometimes with medication or other treatment)

System Variable in eyewitness testimony

Type of questioning, nature of lineup or photo array, presence/absence of videotaping of procedures

Insanity Defense BW

Unable to distinguish right from wrong, mentally incompetent and therefore excused from culpability

Age at which most juries don't prosecute people

Under age 7

Hypnosis Uses

Used to treat a range of psychological and physical disorders (e.g. obesity, smoking, addictions, pain, fears, asthma, and stress disorders)

3 Questions answered by psychological autopsies

Why did the individual do it? How and when did the individual do it? What might be the most probable mode of death?

Psych eval- Oswald by Dr. Hartog

Withdrawn, tense, complacent about others' thoughts about him. Personality disorder with schizoid and passive-aggressive tendencies. Introverted, but has violent/aggressive outbursts. Assigned to probation officer and recommended for treatment (but not committed to one, so just had to have intensive treatment sessions)

Sequential vs. Simultaneous lineups

Witnesses are more accurate in sequential lineups

Psychological self-defense

Would justify the use of deadly force if reason is to protect oneself from being destroyed psychologically

Wigmore

Wrote a fictional case that places Munsterberg on trial for libeling the legal profession --> psychology diminished and disregarded in the eyes of the law

Mary Kay Letourneau

female sexual offender. Had a relationship with a 13 year old pupil, gave birth to child from relationship

Biological basis for psychopathy

reduced fear (HR, skin conductance) in anticipation of aversive stimuli, reduced skin conductance when exposed to distressful people (crying). Cerebral cortex less active in psychopaths. Activation confined to occipital cortex-process information visually. Fail to use frontal cortex, limbic system, amygdala when processing emotional stimuli.

High PCL-R scorers

show more frequent and severe levels of violent sexual offenses

Hartog opinion on Oswald

spoke about his "potential for violence", fell short of institutional treatment

Values

standards for decision making

3 Types of Risk Assessment

Clinical, Actuarial, Anamnestic

Usual method of predicting dangerousness

Clinical, because of the immediacy of convern

Munsterberg 3 primary activities

"Found of Forensic Psychology" Demonstrated the fallibility of memory and eyewitness testimony Published "On the Witness Stand", raising position of psychological profession to one of importance in public life Offered testimony in highly publicized trials

Structured interviews

A clinical interview in which the interviewer is required to ask specific questions and follow specific procedures

Levels of forensic training

1. (highest level of proficiency) specialist clinician 2. proficient clinician 3. legally informed clinician

3 Factor Model of Psychopathy

1. Arrogant and Deceitful interpersonal style (grandiosity, manipulativeness, dominance) 2. Deficient affective style/experience (Callousness, unemotional, lack of remorse) 3. Impulsive and irresponsible behavioral style (Impulsivity, irresponsibility, sensation seeking)

1st Factor of PCL-R

1. Factor 1 is often labeled as the interpersonal/affective factor because it is composed of items that largely relate to interpersonal behavior and emotional expression

Characteristics of ASPD (pick at least 3 for diagnosis)

1. Failure to conform to social norms with respect to lawful behaviors 2. Deceitfulness (lying, use of aliases, conning) 3. Impulsivity or failure to plan ahead 4.Irritability and aggressiveness, as indicated by repeated physical fights or assaults 5. Reckless disregard for safety of self or others 6.Consistent irresponsibility (can't honor $ or work obligations) 7. Lack of remorse (rationalizing meanness, being indifferent)

Requirements for a tort to have taken place

1. Individual must owe a duty 2. That duty must have been violated 3. The violation of that duty must be the proximate cause of a suffered harm 4. The harm that occured must involved a legally protected right

4 Standards for Reliability

1. Is the theory testable & has it been tested? 2. Has the theory or technique been subjected to peer review or publication? 3. What is the known or potential error rate for scientific techniques? 4.Is the theory generally accepted in the scientific community?

Differences between a Therapeutic Assess. & a Forensic one

1. Object of Assess. Object of TA=examine person in order to diagnose & treat Object of FA: Assist the court 2. Relationships of parties. TA: examiner exhibits concern and offers support, has a strong rapport FA: Investigative role, not concerned on anything but objective things 3.Identity of client. TA: clear FA: sometimes unclear, most times the attorney or court 4. Consequences TA: intervention or treatment FA: financial reward, loss of freedom or life 5. Examinee's perspective. TA: heavily relied on FA: less accurate

Criteria for Civil Commitment

1. Presence of a mental illness 2. Dangerousness to self or others 3. Need for treatment

3 Components of Dangerousness

1. Risk factors (the variables that are used to predict violence) 2. Harm (the amount and the type of violence being predicted) 3. Risk level (the probability that harm will occur)

Cleckley (1941) Mask of Sanity 16 characteristics

1. Superficial charm and good intelligence 2. Absence of delusion and other signs of irrational thinking 3. Absence of nervousness 4. Unreliability 5. Untruthfulness and insincerity 6. Lack of remorse or shame 7. Inadequately motivated antisocial behavior 8.Poor judgment and failure to learn from experiences 9.Pathological egocentricity and incapacity for love- "emotional detachment" 10.General poverty in major affective reactions 11. Specific loss of insight 12. Unresponsiveness in general interpersonal relations 13. Fantastic and uninviting behavior with drink and sometimes without 14. Suicide rarely carried out 15.Sex life impersonal, trivial, and poorly integrated 16. Failure to follow through with any life plan

Grisso: all legal competencies involve four fundamental components

1. The right to make decisions that impact one's life 2. They acknowledge that some may not have the capacity to make these decisions and these instabilities may endanger them or others 3.They provide a legal procedure for determining these inabilities 4.Determination of these limitations justifies the States intrusion to protect the individual by limiting some of his/her rights

APA amicus brief for Roper v. Simmons, 3 aspects of adolescents that lessened criminal culpability

1. Underdeveloped sense of responsibility 2.Vulnerability to peer pressure 3. Underdeveloped nature of their characters

Reasons to use archival info

1. hard to fake & lie 2. Reduce likelihood of malingering due to secondary gain

6 factors important to mental health service goals

1.Mental illness recovery 2. Emotions management 3. Institutional functioning 4. Re-entry 5. Risk-need 6. Personal growth

16 characteristics of the clinical profile of a psychopath (Cleckley's)

1.superficial charm and good intelligence 2. absence of delusions and other signs of irrational thinking 3. absence of nervousness 4. unreliability 5. untruthfulness and insincerity 6. lack of remorse or shame 7. inadequately motivated antisocial behavior 8. poor judgment and failure to learn from experience 9. pathological egocentricity and incapacity for love 10. general poverty in major affective reactions 11. specific loss of insight 12. unresponsiveness in general interpersonal relations 13. fantastic and uninviting behavior with drink and sometimes without 14. suicide rarely carried out 15. sex life interpersonal, trivial, and poorly integrated 16. Failure to follow through with any life plan

Competency of juveniles

12 years old or younger, mental illness or mental retardation, lower level of intellectual functioning, deficits in memory, attention, or interpretation of reality

Non-overlapping items on PCL-R not in Cleckley

13. Need for stimulation 14. Conning/manipulative 15. Parasitic lifestyle 16. Poor behavioral controls 17. Early behavioral problems 18. Many short-term marital relationships 19. Juvenile delinquency 20. Revocation of conditional release

Cesare Lambroso

1836-1909 Father of modern criminology Biological approach

First instance of expert testimony- Brigman

1846, John Johnson killing Mrs. Bolt after sexually assaulting her

% rapes committed by male perpetrators under age 19

19

Tortorici Trial

2 examiners found him incompetent to stand trial. Transferred to another psychiatric, refused meds but accepted therapy, then this place declared that he was incompetent to stand trial. Prosecution psychiatrist deemed him not fit to proceed. Judge moves on anyway. He is found guilty and sentenced to life in prison (jury rejected insanity plea), no one doubted his mental illness, rather he did not meet the state's legal definition of insanity (debated if severe enough so that he couldn't understand what he was doing), threshold for competence is very low.

% of convicted sexual offenders that are women

2-5%

Prevalence of Competency issues

2-8% of all felony cases are evaluated, low threshold for competence (easy to be found competent, difficult to be found incompetent), only 20% of those assessed are deemed incompetent, these assessments are the most frequent type of forensic assessment

Competence Screening Test

22 item sentence completion test

% of stalkers who assault their victim

25-40%

Heilbrun's Model of Forensic Training

3 Training areas: experimental, clinical, legal 2 Approaches: research & scholarship, applied (assessment and treatment)

Tortorici end

3 years in prison and then committed suicide

APD in general & prison pops

3-5% & 50-80% (not reliable then if all prisoners have it)

Dahmer PCL-R total score

35 (definitely a psychopath)

% sexual crimes committed by juveniles

35.6% with peak of perpetration between 12 & 14. They are over a quarter of sexual offenders

Threshold/burn out age for Psychos

40 (only for nonviolent crimes)

% of sexual offenders characterized as SVPs

5-10

Age at which unable to form criminal intent

7-14

FRE 702

702: any expert testimony must be based on sufficient data, reliable principles and methods, and the reliable application of those principles and rules to the case

FRE 703

703: Testimony can be admitted if the principles and methods used by the expert are reasonably relied upon by others in the field

% of sexually motivated serial killers that have one or more personality disorders

86

% of Male stalkers in stalker population

87

Psychopathy

A clinical construct characterized by deficits in interpersonal and emotional functioning that increase the likelihood of the individual behaving in an antisocial manner

Forensic Psychology

A branch of psychology characterized as the intersection between the law and clinical psychology by which psychologists attempt to assist the courts in an attempt to resolve legal issues

Clinical Psychology

A branch of psychology focusing on the assessment and treatment of mental illness

Paraphilia

A broad class of mental illnesses characterized by abnormal sexual thoughts, urges, and behaviors

Sham Emotions

A characteristic often found in psychopaths in which they mimic emotional expression but do not experience the emotion itself

Juvenile

A child under the age of majority

Secondary Psychopathy

A form of psychopathy caused by societal disadvantages, and which includes the occasional expression of anxiety (which drives behavior)

Risk Management

A form of risk assessment in which the goal is not only to assess the propensity for future violence but also to reduce or manage that propensity so that it does not result in violent behavior. Focus on ongoing assessment of dynamic factors.

Relapse Prevention

A form of treatment used with sexual offenders in which the individual is taught to identify situations in which relapse or the commission is the sexual crime is likely to take place order to avoid those situations

Structured Professional Judgment

A form of violence risk assessment in which the individual uses a structured risk assessment tool that provides guidance regarding the risk factors to consider but does not require a definitive decision. Focuses on lists of important risk factors and general guidelines for evaluating those.

Reactive Violence

A form of violence that occurs out of emotion such as anger or fear

Clinical Risk Assessments

A form of violent risk assessment where the decision is based on the education and experience of the evaluator and is made without the assistance of any additional formal actuarial or structured assessment tools

Mens Rea

A latin phrase meaning "guilty mind" that is used to indicate intent to commit a crime. The presence of mens rea is a requirement for guilt in many crimes

Passive Avoidance Learning

A learning deficit that makes it less likely that psychopaths will inhibit behavior in order to avoid punishment

Police power

A legal doctrine that says state is obliged to protect society (was the move away from Parens Patriae "parent of the country" in 1955)

Sexual Predator

A legal term describing a sexual offender who is mentally ill and likely to commit a future sexual crime. As a result, this person is civilly commited after he or she serves his or her original criminal sentence to prevent a future sexual assault

Requirement to practice forensic psychology

A license as a practicing clinician or psychologist from the state in which you want to practice in

Antisocial Personality Disorder

A mental illness listed in the DSM that is characterized by antisocial behavior but is distinct from psychopathy.

Hired Gun

A negative term to describe an expert witness who testifies for a particular side in a trial and who may be willing to testify to anything that side wishes as a result of being paid for the work

Product Rule (1869)

A person is insane if the crime was the off-spring or product of mental disease in the defendent

Child Molester

A person who sexually assaults a child

Extrafamilial child molester

A person who sexually assaults a child who is not related to the molester

Intrafamilial child molester

A person who sexually assaults a child who is related to the molester, or is in the molester's family

Exhibitionist

A person who suffers from a paraphilia characterized by receiving sexual gratification from exposing one's genitals to others

Pedophile

A person who suffers from a subtype of paraphilia in which the individual reports thoughts, urges, or behaviors indicating sexual attraction toward prepubescent children

Objective tests

A personality test in which an individual is asked a question an expected to respond in a structured and direct manner such as on a rating scale or a true-false format

Projective tests

A personality test that involves the presentation of ambiguous stimuli. Makes the assumption that an examinee's overt responses reveal internal dispositions that are not easily discovered. Good because reportedly assess an examinee's deepest, most unobservable psychological characteristics and may be more difficult to fake. But, hard to standardize and administer.

Antisocial personality disorder DSM-V

A pervasive pattern of disregard for and violation of the rights of others occurring since age 15 as indicated by 3 or more characteristics.

Penile Plethysmograph

A phallometric method of assessment in sexual offenders that consists of assessing the individual's arousal to sexual stimuli through physiological devices

Therapeutic assessment

A psychological assessment performed to assist in future therapy or improve a person's psychological functioning

Risk Assessment

A psychological designed to identify the likelihood of a person committing violence in the future, along with the severity, imminence, and nature of that violence

Forensic Report

A report designed to answer a specific psycholegal question or questions

Validity

A scientific term related to accuracy of measurement, it = reliability as used in the courts

Reliability

A scientific term related to consistency and stability of measurement

Syndrome

A set of symptoms that occur together in a meaningful manner and typically have a triggering effect. Clusters of behaviors that tend to describe groups of similar people. In the courts, typically used to describe the psychological reaction of crime victims.

Hare psychopathy definition

A socially devastating disorder, intraspecies predators. Dangerous pattern of behaviors, not just serial murders, but violent crimes, property crimes, and sex crimes. It is a subset of sociopathy (aka ASPD). There is a stronger neurobiological component for the subset of sociopaths who are psychopaths, brain malfunction is probably the cause. Normal human feelings are absent, dangerous and without conscience.

Meta-Analysis

A statistical technique that allows for the quantitative combination of data from numerous studies

Unstructured interview

A type of clinical interview in which the interviewer does not follow specific questions or format. Good for establishing rapport & getting in-depth info, but inconsistent across people

Joint-degree program

A type of graduate program in which the student earns both a psychology degree and one in law simultaneously

Semi-structured interview

A type of interview that has a recommended format but does not need to be followed precisely. More reliable than unstructured but allows for less building of rapport, more limited

Paraphilia NOS

A type of paraphilia that does not fall under the specific diagnostic requirements of any other subtype of paraphilia, but that is a sexual disorder nonetheless, a paraphilia not otherwise specified

Torts

A violation of civil law

Battered Women's Syndrome

A woman's presumed reactions to a pattern of continual physical and psychological abuse inflicted on her by her mate.

Federal Rules of Acceptance of testimony

General acceptance and what ever is relevant and helpful to their trier of fact

Ethical Codes of Witnesses

APA Ethical Principles and Code of Conduct

Key differences between APD & Psychopathy

APD listed in DMV and Psychopathy isn't. APD is defined through primarily behavioral terms, while Psychopathy isn't (see Factor 1), therefor diagnosis of psychopathy is more specific. Difference in prevalence (APD higher in both general and incarcerated populations).

Problematic Police Procedures

Asking witnesses poorly constructed questions immediately upon discovering the crime Allowing one eyewitness to overhear the responses of other witnesses Taking "spotty" notes of witnesses' answers (not writing the whole thing) Using investigators who have little training in interviewing or the psychology of memory

Neuropsychological tests

Assessment for underlying brain deficits that may affect psychological abilities such as planning, memory, and attention. Sometimes used to evaluate competency for trial

Narrow definition of Forensic Psychology focusing on

Assessment, treatment, consulation

Crime rate for aggravated assault, sexual assault, and murder by juvenile offenders

At a 30 year low

Ralph Tortorici basic facts about him

Born with hypospadias (unique delusions), diagnosed paranoid schizophrenia (multiple hospitalizations). Took hostages in NY and killed some.

Insanity Reform Act (1984)

Bars experts from testifying in federal insanity cases

Clinical knowledge

Based in the expert's knowledge and experience, not just statistical or actuarial information

Actuarial Risk Assessment

Based on a statistical scheme or formula. They are formal, objective, and have a statistical basis. (ex: PCL-R, VRAG, Sexual Violence Risk-20)

Clinical Risk Assessment

Based on clinical experience and judgement

Canadian competency to stand trial

Because of a mental disorder the defendant lacks fitness (unable to understand nature of charges, to object to proceedings, to understand the consequences of proceedings, to communicate with consel)

Correctional psychology

Branch of clinical psychology that focuses on the application of clinical psychology to individuals incarcerated in jails and prisons

Pros of Clinical Interview method

Broad range of data that can be collected somewhat easily

Juvenile Delinquency

Behavior that violates criminal law committed by individuals who are not adults. Juvenile offenses range from status offenses to murder. The incidence of juvenile crime is currently at low levels, but the public believes it is high

Risk factors for juveniles to re-offend

Being acquainted with the victim, having no treatment, a less sever initial offense, young age of offender

Conflict of lawyers and expert witnesses

Best strategy for the client vs. what is actually scientifically valid

How to detect malingering

Clinical interview. Look for signs: lots of deliberating before answering, endorsement of only obvious symptoms of given mental illness, choosing words very carefully, inconsistency in reports

Ways to assess competency

Clinical interviews, mental status exams, psychological tests (intelligence and other tests of cognitive abilities, MMPI and other objective tests), reviews of collateral information, competency self-tests (specialized forensic instruments (forensically relevant tests or instruments)

PLC-R reliability

Can be skewed by the side of the psychologist (higher for experts retained by the prosecution). Does not accurately predict recidivism

Other opinions on Oswald

Carro claimed nothing stood out, Donald W. Hastings (without direct examination) labeled Oswald schizophrenic, Presidential Assassination Syndrome, Evelyn Siegel felt treatment could help

Prejudicial

Causing harm or injury, introducing bias, normally used in the context of the prohibition of evidence that is more prejudicial than probative

Freud

Cautioned Austrian judges that their decisions were influenced by unconscious processes Claimed insights from his studies could be used to understand criminal behavior and improve the legal system

Protective Factors

Characteristics that reduce the likelihood of someone committing violence or other crimes in the future

Static Factors

Characteristics used to assess violence risk that are normally inflexible and do not change. Static factors are often called historical factors. (ex: gender, race, history of violence, age of 1st violent incident, relationship instability, employment problems, psychopathy, early maladjustment, personality disorder, prior supervision failure)

4 C's of effective Expert Testimony

Clarity, Clinical Knowledge, Case-specificity, Certainty

Generating Criminal Profiles

Comprehensively study the nature of the criminal act and the types of people who have committed similar offenses in the past, analyze details of crime scene, examine the background and activities of the victims in depth, formulate possible motivations for all involved, develop description of the perpetrator based on the crime scene and past criminal's behavior

Idiographic

Concerns the study of specific unique events or individuals and normally is used in the context of violent risk assessment

Guy Montrose Whipple

Conducted classic experiments relating testimony and evidence to perception in memory

Pros Daubert

Consistent with the Federal Rules of Evidence, qualified experts can testify, general acceptance AND what ever is relevant and helpful to the trier of fact

Georgia Court Competency Test

Consists of 21 questions that cluster around general & specific legal knowledge, and courtroom layout

Assessment

Consists of an evaluation of an individual in an attempt to assist the courts in addressing a legal question

What is risk defined by consumers, others, providers

Consumers: malpractice results in suicide Others: violence or abuse, random or planned Providers: Client violence or charge of malpractice

Persistor

Continue committing violent behavior

Status of syndrome evidence today

Continues to be admitted in court, but some worry that it will lead to a lower level of scrutiny. General lack of validity to these syndromes, hard to accurately use in court, isn't very logical (white, wealthy, takes care of children doesn't have Mauchensun by proxy, but s/o with M by proxy is usually white, wealthy, takes care of children). Lots of false positives

Risk Assessment in the Court

Courts still ask for predictions, despite the empirical evidence that psychologists and psychiatrists are not accurate in predicting violence (2/3 are accurate nowadays)

Competency in the courts

Criminal proceedings should not continue against any person who is not able to understand their nature or purpose

Challenges to expert testimony

Cross-examination, opposing expert, judicial instructions

Point of Dahmer's zombie-making

Crude brain surgery Drilling holes in skull Pooring in acid Aim: Slave like companions "So they wouldn't remember to leave."

Crimes which can only be committed by juveniles (status offenses)

Curfew, school truancy, underage drinking, bullying

Grave disability

Current deficit in ability to care for self or basic needs. In most jurisdictions this is enough for commitment. This is the most frequent reason for civil commitment and most frequent age group is (21-35).

Mental illness (medical definition)

DSM list of disorders generally accepted in the field as constituting a mental illness

Dangerousness in civil commitment

Danger to self & to others. Generally understood to be bodily harm, however could mean harm to property, financial or other interests, and emotional harm. Some jurisdictions require an overt act, others "imminent risk"

Factors that influence expert witness credibility

Dressing professionally, familiarity with the courtroom, maintaining good eye contact, projecting your voice, and demonstrating composure in the adversarial context, hired gun effect

Goal of treatment in forensic settings

Decrease symptoms and suffering, decrease likelihood of recidivism, in correctional settings, goal is to decrease suffering, make prisoner more manageable and rehabilitate

Guilty but mentally ill verdict

Defendant is sent to treatment center and is provided treatment until he or she is

Criticism of BWS

Defense of women at trial (attorney behavior, witness preparations), perpetuating stereotypes (passive, helpless woman), BWS pathologizes women, many of whom have reacted justifiably to their plight

Psychopaths, interpersonal/affective aspects

Deficits in ability to sustain human connection, less sensitive to emotional expression, stories generated are more superficial and void of deep meaning, fewer behavioral gestures, difficulty processing and understanding emotion (particularly negative emotion, use sham emotions to control individual or situation)

Problems in accuracy of risk assessment

Defining the nature of the violence (verbal or physical aggression, legal convictions), getting accurate follow-up data, measurement of violence, low base rate of frequency of violence

Erotomanic (5%)

Delusional belief that a relationship exists

Louis William Stern

Demonstrated the rapid rate of early memory loss

Roles of a forensic psychologist in domestic violence cases

Describe the nature of domestic violence, predict future violence, recommended interventions for perpetrator and victim, predict outcomes of interventions

Evaluation of Competency to Stand Trial- Revised

Designed to assess the legal standard for competency articulated in Dusky as well as providing a systematic method for screening feigned incompetency. Scales assess 4 domains: Factual understanding of court proceedings, rational understanding of court proceedings, consult with counsel, overall rational ability

Criticisms of guilty but mentally ill verdict

Differing definitions and incarceration decisions from state to state, difficulty distinguishing NGRI and GBMI, has not led to reduced NGRI acquittals, does not ensure that offenders receive affective treatment

Cognitive and Learning deficits in psychopaths

Difficulty learning from their mistakes, problem with passive avoidance learning (inability to learn from behaviors that punish). It may be that they are hypersensitive to rewards leading to a narrowed attention focus

Desistor

Discontinue violent behavior before transition to adulthood

M'Naghten Rule (1843)

Disease or defect, did not know the nature or quality of what he was doing, did not know that what he was doing was wrong (cognitive test of insanity, fails to consider impulse)

Three Approaches to Criminal Profiling

Distinguishing the evil person, determining common characteristics (childhood experiences, MMPI profiles)

Battering vs. Domestic violence

Domestic violence is less severe and bi-directional.

Way to reduce subtle and unintentional influences during lineups

Double-blind lineup: have lineup presented by someone who knows nothing about the case

Guideline for autopsies

Empirical criteria for determination of death (ECDD) Checklist of 16 behavioral descriptions

Estimator Variables in eyewitness testimony

Environmental factors and intrapersonal factors

Factors that influence prevalence

Estimates vary. Use clinical samples, community samples, and criminal justice statistics

Role of Forensic Psychologist in Juvenile Cases

Evaluating treatment amenability (identify treatment needs), providing treatment (multi-systematic therapy), transfer evaluations, competency evaluations, insanity evaluations, risk assessments

Where most $ in forensic money is spent

Evaluation, adjudication, treatment of people who have competency issues

Educational vs. Evaluative appraoch

Evaluative is better

Syndrome Evidence

Evidence increasingly being admitted into courts that refers to a set of symptoms occurring together in a meaningful manner and typically having a triggering effect

Substantive Evidence

Evidence used to prove an issue before the court. It refers to the typical evidence admitted into a court of law and is in contrast to character evidence that is not directly related to the in-court issue but instead relates to the reputation of a person

Malingering

Exaggerate or feign illness in order to escape duty or work, in criminal cases, to get out of a harsher punishment

MacArthur research and APA's stances in cases

Findings supported APA's standings. Hodgson: adolescents and adults perform comparably on cognitive tests (reasoning on moral, social, and interpersonal matters). Simmons: adolescents and adults are not comparable in maturity (impulse control, resistance to peer pressure)

Circuit courts

First level of trial courts in the state court system

How MacArthur study differed from others

First study to include: cognitive and psychosocial measures, ethnically and socioeconomically diverse groups, research from preadolescence through young adulthood. Measured cognitive capacity basic intellectual, and psychosocial maturity. Had 5 collection sites.

First juvenile court established in Chicago (1899)

Focus in on rehabilitation, not punishment (academic assistance, mental health, adult supervision, restitution)

Specialized programs

Focus on a specific issue or area such as substance abuse, anger control, personality disorders, sexual offending, or criminal thinking errors

Juvenile Justice for Oswald (before Kent & Gault)

Focus on rehabilitation (full faith in the idea that adolescence is a developmental period). Juveniles did not have today's due process rights, but weren't held to the same standards as adults. Non-adversarial (no "winning" side, the goal of all parties was to rehabilitate the juvenile). Strong belief in early intervention. It was thought that juveniles were incapable of taking responsibility for their own actions, strict punishments were viewed as slightly necessary. The focus was on offender, not offense. Courts took a holistic approach (roles of family, court, and community)

3rd Gen of research on predicting violence

Focus on the individual and contextual variables that relate to violence, compared those who committed violence with those who did not, followed formerly hospitalized patients

Outpatient therapy

Focuses on adjustment and coping problems, anxiety and depression that are the result of daily living. Skills: identifying effective coping strategies, eliminating cognitive distortions, and general symptom management

Maintenance

Focuses on chronic mental health issues that are not likely to be resolved completely in the prison or jail context

Assessment in FPsych

Forensic assessment's goal is making conclusions about the psychological functioning of the examinee in order to inform the court

Criticisms of Durham

Forensic experts don't agree on what constitutes a mental disease or defect, considered the most liberal insanity standard

Outcome of Tortorici's question of competence

Found fit to stand trial

Thorough psychological evaluation of abuse

History of the relationship, history of abuse, attempts to leave relationship, woman's feelings about the abuser, verification of self-reports through medical records and interviews with others

Distinguishing between Simmons and Hodgson

Hodgson: 14th amendment case, involving due process clause, key issue: competence of adolescents to make responsible health care decisions Simmons: 8th amendment case, involving cruel and unusual punishment, key issue: maturity of adolescents relative to adults in "criminal blameworthiness"

Leading cause of death for Hispanic and African-American adolescent males

Homicide

Daubert Criticism

How will judges who lack scientific expertise evaluate this testimony? Does Daubert open the door to "junk science"? Or does it do opposite?

Need to consider 2 contexts when evaluating adolescent maturity

Hurried decisions, emotional decisions, and impulse decisions are less like adults. Deliberate decision-making is more adult-like

Recidivism

If a convicted person repeats an offense, this is usually the basis on which treatment success is measured

Stevens & Backmun challenge to court in Godinez

If competence is "assist in preparing defense" and "consult with counsel" then these are no longer relevant when counsel is not present

General acceptance

If the specific field of psych accepts the theory or procedure as accurate

Self-defense BW

Imminent danger (subjectively vs. objectively perceived), justified use of lethal force

Common Errors in Lineup

Implying that the criminal is definitely in the lineup, Pressuring the witness to make a choice, Asking the witness specifically about the witness, not the foils (confirmation bias) Encouraging a loose recognition threshold (asking if anyone seems "familiar" Making it obvious which is the suspect Confirming that a witness's choice is "right")

Notes on insanity

Important to recognize that insanity is a legal term, not a psychological or psychiatric designation The presence of a mental illness is central to many laws that define insanity but is not necessarily sufficient to establish an insanity defense

Divisions of Factor 2

Impulse Lifestyle & Antisocial behavior

Dahmer PCL-R Factor 2

Impulsivity 2 Irresponsibility 2 Need for stimulation 2 Parasitic lifestyle 2 Poor behavioral controls 2 Early behavioral problems 2 Juvenile delinquency 2 Revocation of conditional release 1

Juvenile risk factors for non sexual violence

Impulsivity, hyperactivity, poor behavioral control, risk taking behavior, attention problems, low intelligence, poor educational attainment, gang in neighborhood, urban setting, availability of guns and drugs

1789 Judiciary Act

In all courts of the US, the parties may manage their own causes personally or by the assistance of... counsel

Archival information

Information obtained from outside sources such as mental health institutions, prisons, schools, or physicians that is often used to verify psychological testing or firsthand reports in psychological evaluations

Type of violence mainly used by Psychos

Instrumental (but not sure since have poor behavioral controls). Less likely to murder. Most intense when drinking

Divisions of Factor 1

Interpersonal & Affective

Polygraph Uses

Interrogate criminal suspects, periodically review international security personnel

Common errors in interviewing

Interrupting witness, asking too many short-answer questions, using inappropriate sequence of questions, failure to recognize the dynamics of the interview (demand characteristics; leading, repetitive, or multiple-choice questions; unconscious transference

Fitness Interview test-Revised

Includes questions on understanding of the proceedings, understanding of the consequences of the proceedings, and the defendant's ability to communicate with counsel

Protective Factors for Juvenile Delinquency

Increasing demand for assessment that focus not on weaknesses or deficits, strength-based assessments focus on factors that reduce the risk of future offenses (intelligence, negative attitudes toward delinquent behavior, personality traits (sociability, positive temperament), positive family influences, educational achievement (willing) and school orientation, prosocial peers

Voyeurs

Individuals who suffer from a paraphilia characterized by receiving sexual gratification from recurrent viewing of sexual acts or the sexual organs of others

Frotteurists

Individuals who suffer from a paraphilia characterized by rubbing one's genitals on unsuspecting victims in public places

Civil Commitment

Involuntary hospitalization or mandated treatment of an individual who is mentally ill and in need of care. The person is found to be incapable of rational conduct and/or lacking in ability to manage his/her own affairs. As a result, the person is believed to be a danger to self or others. The state has right and duty to act in a parenting capacity when the individual is unable to care for him/her self. Applies to minors, the elderly, and the mentally ill.

Psych's effect on Law

It doesn't make decisions, it informs them

Difficulty in determining insanity

It is a legal concept that may vary from one jurisdiction to another, requires a retrospective assessment of the person's mental state at the time of the offense (months prior)

who decides competency to stand trial?

It is decided by the judge, who often defers to the opinion of the examining psychologist or psychiatrist

Informed consent and confidentiality

It is important that the examinee recognize the limits of confidentiality in a given case and that they know it is different than a client-therapist relationship (not as protected)

Parens Patriae (juve cases)

Judge has wide discretion to take charge of the child's life, basis of therapeutic jurisprudence

Probable reason that psychopathology isn't listed in DSM-V

It requires subjective judgments about interpersonal/affective characteristics (Factor 2) and DSM-V focuses on objective behavior

Criticism of CQT

It's extremely difficult to devise control questions that ensure the eliciting of stronger reactions in an innocent than would the relevant questions relation to the crime of which they have been accused

Conflicts Tactics Scale-2

Items assess three areas of aggressive behaviors seen in domestic conflicts: Physical, sexual, psychological. Items assess severity of injury, sexual coercion, and positive negotiations.

Wild Beast Test

Judge Tracy: an insane individual is deprived of understanding and memory and is no more aware of what he is doing than an infant, brute, or wild beast

Reasons for the courts' reluctance to rely on empirical research

Judges are conservatives and social scientists tend to be liberal Judges are self-confident and do not believe that they need assistance from non-lawyers Judges are human, and it is human nature to be unscientific Judges are ignorant of, inexperienced with, or do not understand empirical social science Judges perceive science as a threat to their power and prestige Law and social science are rival systems with competing logistics

Colin Ferguson

Killed a lot of people, plaintiff argued that Ferguson's insistence on representing himself and not pleading insanity demonstrated his psychological incompetence to stand trial, but the court rejected this and found Ferguson competent to stand trial. Did a pretty good job, demonstrated intelligence and less mental illness. Is slightly delusional, believes that there is a huge conspiracy against him.

Legal system's criticisms of psychology

Lack of ecological validity of psychological research Going beyond the data to make moral judgments Intruding upon the legitimate activities of the legal systems

Risk factors for Oswald

Lack of stability in home, truancy, no positive peers, personality disorder with schizoid and passive aggressive features, refusal of psychiatric treatment, rejection from the system, unstable adult life-communism and the Soviet union

1950's civil commitment

Large, public, and private institutions were the norm, mental health professionals acted on their own authority signed people in, abuses existed

Amicus Curiae

Latin for "friends of the court". It refers to a legal brief written by a neutral party that is intended to aid the court in arriving at a decision

Common Law

Law based on custom and traditions present in many countries that were previously ruled by Britain

Statutory Law

Law created by legislative branches of government. It is in contrast to case law that is created by the courts

Criminal Law

Law that focuses on disputes between individuals and society in general. The state or government is the representative of society in criminal law and brings charges against an individual for violating it

Civil Law

Law that focuses on disputes between two individuals as opposed to criminal law, which focuses on disputes between an individual and society. Civil disputes usually involve personal injury or property damage

Differences in pursuits of truth in psych vs. the law

Law: Stare decisis, adversarial system, resistant to change, hierarchal, descriptive, definitive, idiographic, founded on individual cases Psych: empirical method, experimentation w/research, embrace change, shifts in time, prescriptive, probabilistic, nomothetic, founded on law

John Caroll Goals of the law and social science can be in conflict

Law: issues of morality, social values, social control, and justifying the application of abstract principles to specific cases, inductive reasoning Social Science: Issues of knowledge, truth, and deriving abstract principles from specific cases, deductive reasoning

Components of BWS

Learned helplessness, lowered self-esteem, feelings of worthlessness, impaired functioning, inability to plan, loss of assumption of safety, fear and terror, anger and rage, diminished alternatives, cycle of abuse, hyper-vigilance, high tolerance for cognitive inconsistency

Opposing Expert Effects

Less of an emotional toll on the expert, increased cost of the trial, leave the judge and jury confused, taking focus off trial and putting it on the experts

Role of expert witness

Liaison to field of psych, share information that is relevant to their side

Structured Professional Judgments

List of important risk factors and general guidelines for using those risk factors (HCR-20)

Judicial Instructions

List of instructions that a judge reads to a jury before discussion of the case, can express need for scrutiny or frame testimony in a certain manner. Empirical research shows that jurors have a hard time applying these instructions.

Assessing Malingering

MMPI-2, Malingering probability scale (MPS), Structured interview of reported symptoms (SIRS), M test, Malingering scale (MS)

Extracting Specific Characteristics (criminal profiling)

MO (modus operandi): standard procedure Signature: unique, personal aspects of the criminal act, often indicates the need to express violent fantasies

How a complaint against child is processed

Made by parents, teacher, or community member, then officers from the juvenile probation office investigate complaint and decide if evidence exists to bring charges or dismiss case

Role of evaluator

Make sure that examinee knows that their answers won't be kept confidential, evaluate: competence, brain functioning, psychopathology

Adaptational malingering

Makes a constructive attempt, at least from the feigner's perspective, to succeed in adversarial circumstances

Hired Gun Effect

Making experts appear less credible because the experts have been paid by a given side to testify

Types of treatment in Forensic settings

Management, maintenance, outpatient programs, specialized programs

Other factors for DV

Marital satisfaction, vulnerable times for women (pregnant, ending the relationship), childhood exposure to DV, age, SES, race/ethnicity

Experts in BWS cases

May address reaction to trauma: psychological distress or dysfunction, cognitive reactions, relational disturbances. Assess risk of future violence (super important because the victim may continue to be available to the perpetrator). Possible treatment for abuser.

Consequences Forensic Assessment

May be loss of life or liberty, financial gain (settlement of personal injury cases or disability payment)

Consultation

May consist of making a phone call to a respected colleague to talk over a particular issue or even paying another expert in a particular area for his or her time to discuss your report and review it

Wechsler Adult Intelligence Scale-IV (WAIS-IV)

Measure the intellectual capacities of someone. SCOTUS has ruled that mentally retarded people can't be given the death penalty (IQ<70)

MacArthur Competence Assessment Tool-Criminal Adjudication

Measures the person's competence to plead guilty as well as the ability to go to trial; more structured than the CAI and uses an objective, theory-based scoring

Process of civil commitment: Emergency

Mental health professional or law enforcement officer authorized emergency commitment. May allow hospitalization from 24 hours to several days. Less formal with fewer proceedings. May lead to formal and extended commitment process.

Evaluating for competency

Mental illness doesn't have to be present. Focus is on present.

Evaluating for insanity

Mental illness is present. Focus is on past.

Evaluating for civil commitment

Mental illness is present. Focus is on present and future.

Forensic Assessment (additional requirements)

Must clarify and address the legal question and assess whether forensic psychology has something to offer in a specific situation

Nietzel et. al study on impact of Psych testimony

Modest impact of expert testimony across these different types of cases of expert testimony

Childhood of Lee Harvey Oswald

Mom divorced 3rd husband (refused to testify in court), led to a change in behavior. Nomadic lifestyle. Active & bossy child, developed a withdrawn personality. Antisocial, very few friends. Very little supervision, had to fend for himself. Quick to anger. Skipped school a lot.

Punishment is defendant doesn't understand reason?

Moot

Characteristics of a female psychopath

More likely to be violent to family members in her own home. Has underlying predispositions towards ASPD behavior. Women are more likely to have an internalizing disorder.

Battering

More severe than domestic violence. Significant psychological abuse. Power and Control. Involves social and financial inequalities.

Profile

More specific than a syndrome, used to predict behavior because someone matches a particular list of characteristics drawn from the syndrome

Risk-Need-Responsivity

Most effective treatment model, not more expensive for prisoners

Informed Consent

Most important for an expert, it is their ethical responsibility to obtain this from examinee

Who is treated and for what?

Mostly men, for violence-domestic or sexual, impulsive acts, non-violent (rob), substance addiction, any variety of mental disorders

2nd Gen of research on predicting violence

Move away from predictions that someone is a "danger", focus more on clues and factors that predict risk and are associated with violence (demographics, personal factors, psychopathy, clinical symptoms, contextual factors). Focus on short-term predictions.

Costs to society of Psychopathy

Multiple broken relationships, multiple children from multiple partners not provided for, police time, court time, prison time, social worker time, probation and parole officers.

On the Witness Stand (1908)

Munsterberg, wrote a book encouraging the use of a variety of psychological findings in court, but it was overly optimistic

Admissibility of Expert Testimony

Must be legally permissible or admitted by a judge

Lee Harvey as a teen

Obsessed with communism (during time when Russia was a threat to US), mother prevented him from enlisting in marines, tried to gain citizenship in Soviet Union, suicide attempt when request denied. Series of inconsistent behaviors.

Cross-Examination

Occurs after a witness has testified and the opposing attorney is able to question the expert directly. Battle of control between the witness and the attorney

Largest correlation to future behavior (for adolescents)

Offense history, specifically: age at first offense, number of prior arrests, number of prior commitments, severity of crimes, length of first incarceration

Juvenile "crimes" as status offenses instead of crimes

Offenses are based on age

Dahmer MO (mode of operation)

Offering money for posing for nude photographs Drugging with sleeping pills Attempts at "zombie making" After death: dismemberment Freeze/eat body parts

Show-up

One person lineup

Legally informed clinician

One who does not call himself a forensic psychologist but who is educated in fundamentally forensic ideas, as the law applies to even basic practice in clinical psychology

Dangerousness

One who indicates by word or deed that he/she is more likely than most people to do serious harm or act in a way that is likely to result in serious harm. Propensity to cause serious physical injury or lasting psychological harm (or threat of repitition)

Common myths about battered women and those who batter

Only affects a small percentage of the population (FALSE), middle-class women are not battered as frequently or as violently as poorer women (FALSE), Minority women are battered more frequently than Anglos (FALSE), Batterers are violent in all of their relationships (FALSE), The batterer is not a loving partner (FALSE), police can protect battered women (FALSE), Battered women can always leave home (FALSE)

Case-Specificity

Opinions geared towards matters of the case

Top 10 problems with assessments

Opinions without sufficient explanation, forensic purpose unclear, organizational problems because information was presented in a disorganized manner, irrelevant data or opinions for referral question, failure to consider alternative hypotheses, inadequate, over-reliance on a single source of data, language problems, extraneous comments, improper use of tests

Relationship of BWS to PTSD

PTSD is in the DSM as a clinical diagnosis. Some view BWS as a subcategory of PTSD. Both share symptoms of helplessness and depression following the traumatic incident. Dutton and Blackman emphasize the variety of reactions and caution against the tendency to "over-clinicalize" the victims of abuse

Family related risk factors for non sexual violence

Parent with criminal history, parenting practices (disrupt attachment, poor supervision, child abuse), low SES, family conflict

Jeffrey Dahmer at risk background

Parents (bad attachment) Sexual abuse Alcohol abuse Cruelty to animals Fire starting

Ultimate Issue Testimony w/Judges

Participants prefer ultimate opinion testimony even thought FRE and state law bar it from federal insanity cases

Balance of risk assessment

People need to be protected from violent individuals, but these individuals have the right to be protected from harassment by authorities and from arbitrary arrest and detention based on mere suspicion

ALI Standard/Brawner Rule

Person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law. Volitional aspect of insanity, an individual may know the nature and quality of an act and understand the wrongfullness but may not be able to resist the impulse to act Note: mental diseases or defect characterized by repeated criminal behavior are excluded

Criminal Profile

Personality and motivations of the offender, including characteristic ways of committing crimes and treating their victims. Extent of serial criminal behavior. False stereotypes and simplified assumptions.

Consequences to the victim of domestic violence

Physical injury, psychological injury, femicide

Abuse Occurs

Physical, sexual, emotional

Specifically violent risk predictors for juveniles

Positivity/negativity of peer interactions, job satisfaction

Processing a child case in the courts

Probation officer prepares formal report that becomes basis for intervention plan. Then there is a hearing to determine the disposition of the case. If the juvenile is found to be delinquent, the judge imposes sanctions and/or additional evaluations. Child will be ordered into treatment or to comply with interventions outlined by the court.

Characteristics of Unsuccessful Treatment Programs

Programs that focus on subcultures, punishing the offender, directs efforts toward non-criminogenic needs, does not address the multiple causes of offending

English competency to stand trial

Prohibition against trials in absentia

Items that don't load onto a checklist

Promiscuous sexuality, many short-term marital relationships, criminal versatility

Tortorici Appeal

Prosecutor's psychiatrist found him not fit for trial thus it was the duty of the court to further determine competence. Court of appeals affirmed his conviction, thought that judged moved forward appropriately since the defense attorney had a desire to move forward.

Oswald's juvenile justice, role of community

Provide the necessary treatment/punishment through proper facilities and resources

Procedures in competency to stand trial

Question raised by trial judge. Defendant must be able to accurately communicate, need fairness and due process, integrity of the process must be preserved

Recommended interventions for perpetrator & Victim

Psychoeducational interventions for perpetrator & victim: education about subjugation of women, Duluth Model (Power & control wheel), Cognitive-Behavioral interventions for anger management. Community-based and criminal justice interventions

Forensic Assessment intruments

Psychological measured intended for use in forensic contexts

Specialized forensic instruments

Psychological measures directly relevant to a specific legal standard and the abilities that relate to that legal standard

Forensically relevant instruments

Psychological measures that focus on clinical issues, which are more common in the legal system, such as psychopathy or future violence, but that have not been designed specifically to be used in the legal system

Policy Evaluator

Psychologists who use their training in research methodology to assess the effectiveness of government policies, regulations, and laws.

What determines the truth, psychologists, police officers, attorneys and judges

Psychologists: collection of data Police Officers: Personal observations and experiences Attorneys and judges: "Truth" may be irrelevant, will emerge through facts presented

Juvenile Justice at the moment

Punitive focus (although it does recognize that adolescence is a time for development), juvenile's rights are roughly analogous to adult offenders. Parens Patriae in full effect. Adversarial process.

Proficient clinician

Receives specialized training in forensic psychology, such as course work and clinical training in forensic hospitals, prisons, etc., preparing forensic assessments, participating in trials. Can engage in limited forensic work

Trial Consulting

Refers to aspects of psychology that are more frequently performed by social psychologists rather than clinical psychologists

Competence

Refers to the ability to understand the nature and purpose of court proceedings, and it is applicable at every stage of the criminal & Civil justice process

Nomothetic

Refers to the study of universal or general scientific laws that are applicable to groups of people. The term is frequently used in violence risk assessment to contrast with idiographic decisions made about individuals

Insanity Reform Defense Act

Removed volitional (using one's will) prong of Brawner, barred ultimate issue testimony from forensic psychologists, burden of proof is now on defendant to prove he was insane, standard of proof changed to clear and convincing evidence for the defendent

Rate for female juvenile offenders

Risen sharply in the last 30 years

Dynamic Factors

Risk factors that normally change over the course of time and are more likely to be amendable to treatment or intervention to reduce risk. (Lack of insight, negative attitudes, psychiatric symptoms, behavioral and affective instability, unresponsiveness to treatment)

Ways to measure criminal responsibility

Rogers criminal responsibility assessment scale, interviews, mental screening evaluation

Federal Rules of Evidence (FRE 702 & 703)

Rules that govern the federal courts

Flip-flop criticism of APA

SCOTUS cases Roper v. Simmons and Hodgson v. Minnesota appeared to be in direct opposition concerning adolescent maturity

Reason to treat prisoners

Saves money in long term because helps prevent them from coming into contact with the law again when they are released

Daubert Standard

Screening process of expert testimony by "relevancy" and "reliability". In order for something to be relevant, it must relate to the matter at hand. Reliability meant scientific validity. Court reserved the right to deny testimony that was too probative

Management

Seeks to reduce and eliminate acute crises (which are short-term but very severe)

Battered women who kill types of defense

Self-defense, insanity defense

Characteristics of Successful Offender Programs

Should present a sound conceptual basis that includes behavioral and cognitive components (structured and focused delivery of treatment), a cognitive-behavioral approach (focuses on behavior and acquiring life skills along with correcting attitudes that lead to bad behavior), should target criminogenic needs, should match patients and doctors and programs well (responsivity)

Types of stalking

Simple obsessional (65%), love obsessional (25%), Erotomanic (5%)

Criticism of R-I test

Simplistic and naive

Improving the accuracy of witnesses' information

Slow down the rate of questioning Recreate the original context (cognitive interview) Tailor questions to the individual witness Make the interview witness-centered rather than interviewer-centered Be sensitive to the distinction between correct and incorrect responses Be sensitive to temptations to from premature conclusions

Need for Treatment

Some jurisdictions include need for treatment in their criteria. But it is not sufficient in itself as a reason to deprive the individual of liberty. Treatment can only occur if civil commitment takes place.

Binding

Something that must be followed legally within a certain jurisdiction

Dr. Smail's opinion on Dahmer

Spent the most time with Dahmer Competent to stand trial "sensory functioning was not impaired ... [who] could think logically ... [showed] no gross impairment in his emotional functioning [and] could delay gratification, set goals and problem solve with relative effectiveness." Possibility of schizophrenic disorder or major affective disorder

Instruments to Assess for domestic violence

Spousal assault risk assessment (20 items), Ontario Domestic Assault Risk Assessment (Actuarial), Danger assessment scale (15 items yes/no, assesses the perception of the victim being killed)

Oswald juvenile history

Spring 1953- court hearings for truancy, sent to Youth house for psychological evaluation. Received a high score on intelligence evaluation.

Risk factors for juvenile delinquency

Status offenses as gateway to more serious offenses. Other 8 factors found by meta-analysis are: Demographic info, offense history, family and social factors, educational factors, intellectual and achievement factors, Substance use history, clinical factors, formal risk assessment

Psychos victimize mostly strangers or family members?

Strangers

Competency Assessment Instrument

Structured interview that lasts about one hour, assessing 13 aspects of competent functioning

Binet

Studied children's competency as eyewitnesses

William Healy

Studied the causes of juvenile delinquence

Admissibility of BWS

Subject usual Daubert & Kumho standards, purpose of expert witness is to provide social framework for interpreting woman's actions. Conflict: is this witness-objectivity or advocacy?

Adolescent risks for continuing delinquent behavior

Substance abuse, impulsivity, mental health problems, deficits in problem solving, (unrecognized) learning disabilities, delinquent peer groups, offense history

Areas of specialization for a forensic psychologist

Substantive psychology, research design- methodology and statistic, conducting research, legal knowledge, integrative law-psychology, ethical and professional issues, clinical forensic training

Hillside Strangler Case

Supposedly under hypnosis, Kenneth Bianchi convinced experts that he had multiple personalities, but his malingering was detected by Martin Orne

Personality Disorder according to DSM-5

The enduring pattern is inflexible and pervasive across a broad range of personal and social situations. The enduring pattern leads to clinically significant distress or impairment in social, occupational, or other important areas of functioning. The pattern is stable and of long duration and its onset can be traced back at least to adolescence or early adulthood. The enduring pattern is not better accounted for as a manifestation or consequence of another mental disorder. The enduring pattern is not due to the direct physiological effects of a substance abuse or a general medical condition.

Base Rate

The frequency or prevalence of a particular event, frequently used in the context of violence

Criminogenic needs

The goals offenders have or the needs they fulfill when committing crimes

Responsivity

The idea that any treatment should match the needs of the individual being treated and be specifically tailored to him or her in order to increase the likelihood of effectiveness

Balancing test prejudicial vs. probative

The information must be more beneficial (more probative) than any prejudice or bias that it might introduce into the minds of the jury

Mental illness (legal definition)

The law picks and chooses which mental disorders it views as appropriate (mental deficiency, substance abuse,etc.)

Sexually violent predator

The most dangerous

Conflict about treating adolescents unlike adults in the law in some areas but not all

The notion that a single line can be drawn between adolescence and adulthood for different purposes under law is at odds with developmental science

Scope of practice

The parameters of professional expertise in which a psychologist must practice

Operational Rules of a lineup

The person who conducts the lineup or photo spread should not be aware of which one is the suspect Eyewitnesses should be told explicitly that the suspect may not be in the lineup or photo spread, the suspect should not stand out or be different in any way, A clear statement should be taken from the eyewitness at the time of the ID and prior to any feedback regarding his or her confidence

Jurisdictions

The power of the court to rule in a matter in a particular geographic region such a county or state

Criminal profiling

The process by which characteristics of a crime and crime scene are collected and systematically organized to narrow down the potential suspects. Examine evidence from the crime scene, victims, and witnesses in an attempt to construct an accurate and demographic description of the individual who committed the crime (usually concerning psychopathology, personality, and behavior). Biographical sketch of behavioral patterns, trends, and tendencies

Risk

The process of conceptualizing various hazards in order to make judgements about their likelihood and need for various preventative measures

Frye Standard

The theory on which the testimony is based must have been generally accepted within it's specific field of psych in order for the expert to testify, theory must be well-recognized

Impact of BWS on Jurors

The research findings are mixed. Degree of force used by abuser seems to be the most significant factor in decision

Therapeutic Jurisprudence

The study of the law and the legal process as an agent to promote therapeutic or positive outcomes and avoid anti-therapeutic outcomes

Achilles' heel of psychopathology

Their sense of impunity "I'm above the law, I can get away with it"

Grisso TJ

Therapeutic jurisprudence is a process of attempting to achieve societies aims, the state is justified in limiting some rights if decisions may cause one to endanger themselves or others

Risk of psychopath violence

They are at a greater risk of violence, significant relationship between psychopathy and general criminal recidivism and violent recidivism, strong predictor in civil psychiatric samples, not a strong predictor of domestic violence

Criticisms of Expert Testimony

They are informing jury of things beyond their knowledge but replacing the decision-making ability, taking over courtroom, promising too much, substituting advocacy for scientific objectivity, doing a cursory (hasty) job, letting values overcome empirically-based findings, maintaining dual relationships and completing tasks, corruption of science

Residency laws for sex offenders

They need to live anywhere from 500 feet to a 1/4 of a mile away from schools, bus stops, parks, and daycare centers. But not very useful because tend to travel outside of their neighborhood for victims

Abuse of Discretion Standard

This standard suggests that a trial court judge needs to make a clearly unreasonable decision in admitting an expert's testimony

Adolescents in court

Thought to be capable of accepting some responsibilities of adults (i.e. driving) and are subjected to legal sanctions when they violate laws

Mentally ill are more likely to be a perpetrator or victim of crime?

Victim (3% compared to 34%)

Instrumental Violence

Violence committed with a purpose or in a planned or organized manner

Reiser, advocacy for polygraph

Wanted to train police officers as forensic hypnotists

Problem with development of PCL-R

Was developed in a criminal population but not sure how strong the correlation with committing crimes actually is

Memory vs. Memory Testimony

When a witness describes and identifies a suspect more than memory alone is involved: reasoning process, suggestibility, social influence, self-confidence, authority submission, conformity

Negligence

a type of tort in which a person does not act as a reasonable person would under certain circumstances

Competency Assessment to Stand Trial for Defendants with Mental Retardation

assesses the competence of persons with mental disability to stand trial; separate sections regarding basic legal concepts, skills to assist defense, and understanding of the case events. The examiner reads each question aloud and records the client's response

3 parts of forensic practice

assessment, treatment, consultation

William Martson

claimed could use a device to measure changes in blood pressure and use to infer truthfulness, Larson built polygraph which became subject of Frye vs. US

Law

created, amended, or discarded because society has established standards for what is acceptable and unacceptable behavior

Oswald's juvenile justice, role of courts

determine the level of punishment/treatment that was necessary, and see it be carried out

Psychological characteristics of risk factors for DV

expression of anger/hostility, substance abuse, depression, show extreme emotional deregulation (Douglas & Dulton-Borderline/dysphoric batterer)

Specialist clinician

integrated educational experience designed specifically for forensic psychologists, receive extensive training in case law and practice forensic skills across a variety of different patient populations

Methods of assessment

interviews, psych tests, archival info, psych reports

NGRI (not guilty by reason of insanity)

is an affirmative defense to a crime: The defendant has argued that he or she meets the insanity defense standard; thus is determined to be 'not guilty/responsible' in the eyes of the law and is then subjected to civil proceedings for confinement, but not to criminal incarceration or punishment.

Trial consultant

litigation consultant or jury consultant, hired by attorneys to help with jury selection, witness preparation, or trial strategy

The PCL-R (checklist)

makes a standard way to assess psychopathy. Things rated on a scale of 0-2. 30 is the cutoff score for psychopathy

Types of treatment

management, maintenance, outpatient programs, and special programs

Pathogenic malingering

motivated by underlying pathology, genuinely disturbed

GBMI (guilty but mentally ill)

not a defense; it is a verdict, implying that the defendant is criminally culpable and eligible for criminal sanctions. The inclusion of "but mentally ill" denotes the possession of a mental disorder but does not absolve the person of guilt or criminal responsibility.

Oswald's juvenile justice, role of family

oversee/procure the treatment, to honestly report progress (or lack thereof), (if necessary) to regulate the juvenile's environment

Important diagrams

p.10,p13, p.6 (? Ask prof), p.7 (?)

Predictions of violence

predict severity of potential violence, predict contexts/conditions in which violence may occur, predict the nature or type of the potential violence

PCL-R predictor of violent and general recidivism cross-culturally

pretty robust

Female sexual offenders compared to nonsexual offenders that are female

the sex offenders might be more feminine and also receive sexual pleasure from act, not just satisfying need for power and control

Mental Screening Evalutation

to "screen out" those defendants whose law-breaking actions clearly were not caused by a mental abnormality

Stare decisis

to let a previous ruling stand, at the heart of the law

Malingering

underreporting symptoms or exaggerating them