PSY 495 final exam

drugs: incarceration vs. treatment

"In a seminal cost benefit analysis done in the early 1990s, the RAND Corporation compared...the costs of enforcing the 'war on drugs' in terms of incarceration vs providing treatment." Every cocaine-control dollar spent "generates a societal savings of 15 cents if used for source-country control, 32 cents if used for interdiction, and 52 cents if used for domestic enforcement." In contrast, the savings from treatment programs are larger than control costs: every cocaine- control dollar spent generates societal cost savings of $7.48 if used for treatment."

drugs: cost of incarceration

"Overall spending for California public schools in 2014-15 was about $76.6 billion when federal funds and other funding sources are added" There were 6,200,000 K-12 students in CA in 2013-14 * CA spends $1,225 per K-12 student CDCR budget for 2013-14🡪 $8,910,000,000 Total CDCR Population as of 3/2015🡪183,379 * CA spends $48,587 per inmate/parolee

Ethical codes- therapy

10.01 Informed Consent to Therapy (a) When obtaining informed consent to therapy as required in Standard 3.10, Informed Consent, psychologists inform clients/patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers. (See also Standards 4.02, Discussing the Limits of Confidentiality, and 6.04, Fees and Financial Arrangements.) (b) When obtaining informed consent for treatment for which generally recognized techniques and procedures have not been established, psychologists inform their clients/patients of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation. (See also Standards 2.01e, Boundaries of Competence, and 3.10, Informed Consent.) (c) When the therapist is a trainee and the legal responsibility for the treatment provided resides with the supervisor, the client/patient, as part of the informed consent procedure, is informed that the therapist is in training and is being supervised and is given the name of the supervisor. 10.02 Therapy Involving Couples or Families (a) When psychologists agree to provide services to several persons who have a relationship (such as spouses, significant others, or parents and children), they take reasonable steps to clarify at the outset (1) which of the individuals are clients/patients and (2) the relationship the psychologist will have with each person. This clarification includes the psychologist's role and the probable uses of the services provided or the information obtained. (See also Standard 4.02, Discussing the Limits of Confidentiality.) (b) If it becomes apparent that psychologists may be called on to perform potentially conflicting roles (such as family therapist and then witness for one party in divorce proceedings), psychologists take reasonable steps to clarify and modify, or withdraw from, roles appropriately. (See also Standard 3.05c, Multiple Relationships.) 10.03 Group Therapy When psychologists provide services to several persons in a group setting, they describe at the outset the roles and responsibilities of all parties and the limits of confidentiality. 10.04 Providing Therapy to Those Served by Others In deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists carefully consider the treatment issues and the potential client's/patient's welfare. Psychologists discuss these issues with the client/patient or another legally authorized person on behalf of the client/patient in order to minimize the risk of confusion and conflict, consult with the other service providers when appropriate, and proceed with caution and sensitivity to the therapeutic issues. 10.05 Sexual Intimacies with Current Therapy Clients/Patients Psychologists do not engage in sexual intimacies with current therapy clients/patients. 10.06 Sexual Intimacies with Relatives or Significant Others of Current Therapy Clients/Patients Psychologists do not engage in sexual intimacies with individuals they know to be close relatives, guardians, or significant others of current clients/patients. Psychologists do not terminate therapy to circumvent this standard. 10.07 Therapy with Former Sexual Partners Psychologists do not accept as therapy clients/patients persons with whom they have engaged in sexual intimacies. 10.08 Sexual Intimacies with Former Therapy Clients/Patients (a) Psychologists do not engage in sexual intimacies with former clients/patients for at least two years after cessation or termination of therapy. (b) Psychologists do not engage in sexual intimacies with former clients/patients even after a two-year interval except in the most unusual circumstances. Psychologists who engage in such activity after the two years following cessation or termination of therapy and of having no sexual contact with the former client/patient bear the burden of demonstrating that there has been no exploitation, in light of all relevant factors, including (1) the amount of time that has passed since therapy terminated; (2) the nature, duration, and intensity of the therapy; (3) the circumstances of termination; (4) the client's/patient's personal history; (5) the client's/patient's current mental status; (6) the likelihood of adverse impact on the client/patient; and (7) any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a posttermination sexual or romantic relationship with the client/patient. (See also Standard 3.05, Multiple Relationships.) 10.09 Interruption of Therapy When entering into employment or contractual relationships, psychologists make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client/patient care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client/patient. (See also Standard 3.12, Interruption of Psychological Services.) 10.10 Terminating Therapy (a) Psychologists terminate therapy when it becomes reasonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service. (b) Psychologists may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship. (c) Except where precluded by the actions of clients/patients or third-party payors, prior to termination psychologists provide pretermination counseling and suggest alternative service providers as appropriate.

Ethical codes - competence

2.01 Boundaries of Competence -(a) Psychologists provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study, or professional experience. -(b) Where scientific or professional knowledge in the discipline of psychology establishes that an understanding of factors associated with age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, or socioeconomic status is essential for effective implementation of their services or research, psychologists have or obtain the training, experience, consultation, or supervision necessary to ensure the competence of their services, or they make appropriate referrals, except as provided in Standard 2.02, Providing Services in Emergencies. -(c)Psychologists planning to provide services, teach, or conduct research involving populations, areas, techniques, or technologies new to them undertake relevant education, training, supervised experience, consultation, or study. (d) When psychologists are asked to provide services to individuals for whom appropriate mental health services are not available and for which psychologists have not obtained the competence necessary, psychologists with closely related prior training or experience may provide such services in order to ensure that services are not denied if they make a reasonable effort to obtain the competence required by using relevant research, training, consultation, or study. (e) In those emerging areas in which generally recognized standards for preparatory training do not yet exist, psychologists nevertheless take reasonable steps to ensure the competence of their work and to protect clients/patients, students, supervisees, research participants, organizational clients, and others from harm. (f) When assuming forensic roles, psychologists are or become reasonably familiar with the judicial or administrative rules governing their roles. 2.02 Providing Services in Emergencies -In emergencies, when psychologists provide services to individuals for whom other mental health services are not available and for which psychologists have not obtained the necessary training, psychologists may provide such services in order to ensure that services are not denied. The services are discontinued as soon as the emergency has ended or appropriate services are available 2.03 Maintaining Competence -Psychologists undertake ongoing efforts to develop and maintain their competence. 2.04 Bases for Scientific and Professional Judgments -Psychologists' work is based upon established scientific and professional knowledge of the discipline. 2.05Delegation of Work to Others -Psychologists who delegate work to employees, supervisees, or research or teaching assistants or who use the services of others, such as interpreters, take reasonable steps to (1) avoid delegating such work to persons who have a multiple relationship with those being served that would likely lead to exploitation or loss of objectivity; (2) authorize only those responsibilities that such persons can be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided; and (3) see that such persons perform these services competently. 2.06 Personal Problems and Conflicts -(a) Psychologists refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner. -(b) When psychologists become aware of personal problems that may interfere with their performing work-related duties adequately, they take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties.

Ethical codes- research and publication

8.01 Institutional Approval -When institutional approval is required, psychologists provide accurate information about their research proposals and obtain approval prior to conducting the research. They conduct the research in accordance with the approved research protocol. 8.02 Informed Consent to Research -(a) When obtaining informed consent as required in Standard 3.10, Informed Consent, psychologists inform participants about (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and to withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for questions about the research and research participants' rights. They provide opportunity for the prospective participants to ask questions and receive answers. 8.05 Dispensing with Informed Consent for Research -Psychologists may dispense with informed consent only (1) where research would not reasonably be assumed to create distress or harm and involves (a) the study of normal educational practices, curricula, or classroom management methods conducted in educational settings; (b) only anonymous questionnaires, naturalistic observations, or archival research for which disclosure of responses would not place participants at risk of criminal or civil liability or damage their financial standing, employability, or reputation, and confidentiality is protected; or (c) the study of factors related to job or organization effectiveness conducted in organizational settings for which there is no risk to participants' employability, and confidentiality is protected or (2) where otherwise permitted by law or federal or institutional regulations. 8.06 Offering Inducements for Research Participation -(a) Psychologists make reasonable efforts to avoid offering excessive or inappropriate financial or other inducements for research participation when such inducements are likely to coerce participation. -(b) When offering professional services as an inducement for research participation, psychologists clarify the nature of the services, as well as the risks, obligations, and limitations. 8.07 Deception in Research -(a) Psychologists do not conduct a study involving deception unless they have determined that the use of deceptive techniques is justified by the study's significant prospective scientific, educational, or applied value and that effective nondeceptive alternative procedures are not feasible. -(b) Psychologists do not deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress. -(c) Psychologists explain any deception that is an integral feature of the design and conduct of an experiment to participants as early as is feasible, preferably at the conclusion of their participation, but no later than at the conclusion of the data collection, and permit participants to withdraw their data. 8.08 Debriefing -(a) Psychologists provide a prompt opportunity for participants to obtain appropriate information about the nature, results, and conclusions of the research, and they take reasonable steps to correct any misconceptions that participants may have of which the psychologists are aware. -(b) If scientific or humane values justify delaying or withholding this information, psychologists take reasonable measures to reduce the risk of harm. -(c) When psychologists become aware that research procedures have harmed a participant, they take reasonable steps to minimize the harm. 8.10 Reporting Research Results -(a) Psychologists do not fabricate data. (See also Standard 5.01a, Avoidance of False or Deceptive Statements.) -(b) If psychologists discover significant errors in their published data, they take reasonable steps to correct such errors in a correction, retraction, erratum, or other appropriate publication means.

Informed consent

All of the following should be covered in order for the client to be able to make an informed choice -The financial costs of counseling -Any special arrangements -The competencies of the counselor -Nature of treatment (experimental Tx should be indicated) -Confidentiality (and its limits)

battered woman syndrome: jurors reactions

In Schuller's first study, compared to the control condition, jurors exposed to the transcript with the specific expert gave interpretations that were more consistent with the woman's account of what occurred and more consistent with verdicts that were more lenient. In Schuller's second study, compared to the control condition, each expertwitness condition led to a moderate shift in verdicts from murder to manslaughter. If they had heard the testimony of an expert witness, the jurors—during deliberations—discussed the defendant and her actions in a more favorable light. A third study in Schuller's program of research, the presence of testimony by an expert witness again influenced verdicts but especially in those mock jurors whose earlier responses had reflected more informed attitudes about domestic abuse. These jurors attributed less responsibility to the defendant and more responsibility to the alleged abuser, compared to control subjects. A jury simulation by Greenwald, Tomkins, Kenning, and Zavodny (1990) sought to evaluate Ewing's "psychological self—defense" defense. Only the psychological selfdefense instructions significantly influenced verdict patterns, primarily by shifting would—be voluntary manslaughter convictions to acquittals. However, not all studies have concluded that testimony by a psychologist—expert is that effective. In a study by Diane Follingstad and her colleagues, the presence of the expert witness had no direct influence on the jurors' verdicts, although 80% of the jurors in the expertwitness condition reported that it was influential. The factor that had the greatest impact was maximum force—that is, the condition in which the husband was described as advancing toward the woman with a weapon. Similarly, in a study by Finkel et a1, the only variable that influenced the mock jurors' verdicts was the level of force used by the husband; that is, verdicts of guilt were rendered more often when the woman acted without being directly provoked by the man. Finkel et al. also found that when expert evidence was presented, mock jurors saw the woman as more distorted in her thinking and less capable of making responsible choices. Schuller suggested that it may be necessary for the woman's account of what happened to be challenged (as it is in a real life trial) for the expert witness to have any impact. Schuller & Rzepa have also suggested that expert testimony may not provide just a framework for evaluating the battered woman's actions as reasonable, but instead may operate by evoking feelings of sympathy for her Schuller and her colleagues have proposed an alternative form of expert testimony on BWS that eliminates references to BWS, learned helplessness, and PTSD, and substitutes information pertaining to the actions battered women may take and the obstacles they face. This reduces the "pathologizing" of the woman's behavior and instead focuses attention on the woman's efforts and the barriers she faced. Schuller & Jenkins refer to this as "social agency" evidence, and have conducted jury simulation studies on its effectiveness. This sort of testimony may be seen more often in the future.

rape: rape culture

Language -implies subjugation of women/there are connotations of women being inferior, overly sexual, etc -For example, there are lots of words for slut specifically directed towards women (slut, *****, ho, etc) The role of the media -Movies with rough sex or show women being coerced (resisting and eventually succumbing) -Songs with sexist language (ex. Jordan Knight's Give It To You) Movies Songs Male power and control/patriarchy The legal system/victim blaming -Low rape reporting because people are reluctant to report rape

Nuremberg Trials

Nazi medical experiments, and trials, lead to Nuremberg code Established principle of informed consent

insanity: functional demands

Not to know the nature and quality of the act AND Not to know that it was wrong

Tarasoff

Parents filed suit against university because only campus police, but not the potential victim herself, were warned about violent threats Supreme court ruled that there is a duty to warn potential victim when there is a threat of violence No mention of identifiable foreseeable and imminent future IRAC -Issue: no duty to warn -Rule: up to now there is no duty to warn -Application: now because of what we know, there should be a duty to warn -Conclusion: now there is a duty to warn

battered woman syndrome: syndrome definition

Set of symptoms which exist together so that they may imply a disorder or disease

insanity: standards of insanity (ALI standard, American Law Institute, 1972)

Test of cognition (Substantial capacity to appreciate criminality) and volition (ability to conform conduct to law) Used by 21 states

Four possible results of fitness for duty evaluations

Unfit for duty: not fit for duty within the foreseeable future, with or without treatment (usually means firing) Unfit but treatable: currently unfit, but amenable to treatment (requires post treatment evaluation) No psychological diagnosis: nothing suggested officer was unfit related to mental health disorder or diagnosis, referred back to administrative proceedings Invalid evaluation: uncooperative, untruthful, malingering, or some other manipulation

battered woman syndrome: in court

possible defenses -insanity (rgues that the woman was unable to tell the difference between right and wrong, "because she was mentally incompetent (perhaps harmed by head injuries or driven crazy by the abusive behav— ior of her husband) and therefore should be excused from any culpabilitynot argued frequently, because with insanity you end up locked up for a long time in a psychiatric facility) -self-defense (from imminent dangerrests on the justification of the act as a necessary one in order to protect the woman or someone else (usually the children) from further harm or death) -psychological self-defense (harder to prove, the threat is to mental wellbeing not physical well being) jurors reactions to BWS criticism of BWS

Psychology and the Law since 1970

resurgence in 1970s a renewed emphasis on the need to make observations in nat— ural contexts in order to understand social behavior and memory. More generally, social psychology in the 1970s responded to a crisis about its relevance by extending its concepts to real—world topics, in— cluding health and the law shift of social psychology from academia to action/applied?

child abuse: competence to testify

testimony by young children: -Does child know the difference between truth and lies -Can they understand and describe events -Reliability of memory -Can they testify

battered woman syndrome: most dangerous stage of abuse

women are most likely to be murdered after she leaves an abusive relationship, or when she's pregnant (because men do not feel as cared for, nurtured, and get less sexual attention when a woman is pregnant)

insanity: historical factors

500 BC Greece - "A person is morally responsible if, with knowledge of the circumstances, and the absence of external compulsion, he deliberately chooses to commit a forbidden act" 450 BC (Roman Law) -excused children and the insane from crimes 1510 England -criminal behavior must involve knowing "good from evil"

Ethical codes -record keeping and fees

6.03 Withholding Records for Nonpayment -Psychologists may not withhold records under their control that are requested and needed for a client's/patient's emergency treatment solely because payment has not been received. 6.05 Barter with Clients/Patients -Barter is the acceptance of goods, services, or other nonmonetary remuneration from clients/patients in return for psychological services. Psychologists may barter only if (1) it is not clinically contraindicated, and (2) the resulting arrangement is not exploitative. 6.06 Accuracy in Reports to Payors and Funding Sources -In their reports to payors for services or sources of research funding, psychologists take reasonable steps to ensure the accurate reporting of the nature of the service provided or research conducted, the fees, charges, or payments, and where applicable, the identity of the provider, the findings, and the diagnosis. 6.07 Referrals and Fees -When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself.

Ethical codes- education and training

7.03 Accuracy in Teaching -(a) Psychologists take reasonable steps to ensure that course syllabi are accurate regarding the subject matter to be covered, bases for evaluating progress, and the nature of course experiences. This standard does not preclude an instructor from modifying course content or requirements when the instructor considers it pedagogically necessary or desirable, so long as students are made aware of these modifications in a manner that enables them to fulfill course requirements. (See also Standard 5.01, Avoidance of False or Deceptive Statements.) -(b) When engaged in teaching or training, psychologists present psychological information accurately. 7.07 Sexual Relationships with Students and Supervisees -Psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority.

Ethical codes- assessment

9.01 Bases for Assessments -(a) Psychologists base the opinions contained in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, on information and techniques sufficient to substantiate their findings. (See also Standard 2.04, Bases for Scientific and Professional Judgments.) -(b) Except as noted in 9.01c, psychologists provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions. When, despite reasonable efforts, such an examination is not practical, psychologists document the efforts they made and the result of those efforts, clarify the probable impact of their limited information on the reliability and validity of their opinions, and appropriately limit the nature and extent of their conclusions or recommendations. (See also Standards 2.01, Boundaries of Competence, and 9.06, Interpreting Assessment Results.) -(c) When psychologists conduct a record review or provide consultation or supervision and an individual examination is not warranted or necessary for the opinion, psychologists explain this and the sources of information on which they based their conclusions and recommendations. 9.02 Use of Assessments -(a) Psychologists administer, adapt, score, interpret, or use assessment techniques, interviews, tests, or instruments in a manner and for purposes that are appropriate in light of the research on or evidence of the usefulness and proper application of the techniques. -(b) Psychologists use assessment instruments whose validity and reliability have been established for use with members of the population tested. When such validity or reliability has not been established, psychologists describe the strengths and limitations of test results and interpretation. -(c) Psychologists use assessment methods that are appropriate to an individual's language preference and competence, unless the use of an alternative language is relevant to the assessment issues. 9.03 Informed Consent in Assessments -(a) Psychologists obtain informed consent for assessments, evaluations, or diagnostic services, as described in Standard 3.10, Informed Consent, except when (1) testing is mandated by law or governmental regulations; (2) informed consent is implied because testing is conducted as a routine educational, institutional, or organizational activity (e.g., when participants voluntarily agree to assessment when applying for a job); or (3) one purpose of the testing is to evaluate decisional capacity. Informed consent includes an explanation of the nature and purpose of the assessment, fees, involvement of third parties, and limits of confidentiality and sufficient opportunity for the client/patient to ask questions and receive answers. -(b) Psychologists inform persons with questionable capacity to consent or for whom testing is mandated by law or governmental regulations about the nature and purpose of the proposed assessment services, using language that is reasonably understandable to the person being assessed. -(c) Psychologists using the services of an interpreter obtain informed consent from the client/patient to use that interpreter, ensure that confidentiality of test results and test security are maintained, and include in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, discussion of any limitations on the data obtained. 9.04 Release of Test Data -(a) The term test data refers to raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists' notes and recordings concerning client/patient statements and behavior during an examination. Those portions of test materials that include client/patient responses are included in the definition of test data. Pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release. Psychologists may refrain from releasing test data to protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test, recognizing that in many instances release of confidential information under these circumstances is regulated by law. (See also Standard 9.11, Maintaining Test Security.) -(b) In the absence of a client/patient release, psychologists provide test data only as required by law or court order. 9.06 Interpreting Assessment Results -When interpreting assessment results, including automated interpretations, psychologists take into account the purpose of the assessment as well as the various test factors, test-taking abilities, and other characteristics of the person being assessed, such as situational, personal, linguistic, and cultural differences, that might affect psychologists' judgments or reduce the accuracy of their interpretations. They indicate any significant limitations of their interpretations. 9.07 Assessment by Unqualified Persons -Psychologists do not promote the use of psychological assessment techniques by unqualified persons, except when such use is conducted for training purposes with appropriate supervision 9.11 Maintaining Test Security -The term test materials refers to manuals, instruments, protocols, and test questions or stimuli and does not include test data as defined in Standard 9.04, Release of Test Data. Psychologists make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations, and in a manner that permits adherence to this Ethics Code.

rape trauma syndrome: admissibility in court (state v. marks and state v. saldana)

A number of courts have permitted psychologists to testify about trauma in the survivor as evidence of a lack of con sent, or to refute defense claims that the alleged victim's behavior was inconsistent with that of someone who had been raped state v. marks -The defendant, Marks, met a woman at a bar and persuaded her to return to his home where—she later alleged—he drugged her, raped her, and forced her to have oral sex with him. -The prosecution introduced the expert testmony of a forensic psychologist who had examined the survivor two weeks after the encounter and concluded "that she was suffering from the PTSD known as rape trauma syndrome" -The defendant was convicted. Some cases have found expert witness testimony on rape trauma syndrome to be indadmissable State v. Saldana -the defen dant, charged with first-degree "criminal sexual conduct," claimed that the complainant had consented to sexual intercourse. -To rebut this claim, the prosecuting attorney called a rape counselor as an expert witness. -Not only did the expert describe the usual behavior of rape victims, but she also testified that she definitely believed the woman had been raped and that she did not believe the rape was a fantasy. -After the defendant was convicted, he appealed, and the Minnesota state appellate court, in a thorough discussion of the issues, considered the following criteria: *Scientific status: The court held that the evidence was not established to a sufficient degree in the medical or psychiatric community for it to be ad mitted. *Helpfulness to the jury: The court ruled that even if such evidence were reliable, it would not be helpful to the jury because it was not "the type of scientific test that accurately and reliably deter mines whether a rape occurred" . *Prejudicial effects: The statement that the expert believed the complainant had been raped was seen as unfairly prejudicial in that it involved making a legal conclusion. -The Saldana case was retried and the defendant acquitted.

Competency: case law (Dusky vs. US)

Test for a defendant's competency to proceed to trial is "Whether (the defendant) has sufficient present ability to consult with (a) lawyer with a reasonable degree of rational understanding -and whether (the defendant) has a rational as well as factual understanding of the proceedings" (p. 402)

drugs: US Drug war

The Controlled Substances Act (CSA) was enacted into law by Congress in 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated. In 1971, Nixon declares war on drugs by characterizing the abuse of illicit substances as "public enemy number one in the United States." Responsibility for enforcement of the CSA was given to the newly formed Drug Enforcement Administration in 1973- Wikipedia, History of United States drug prohibition -John Ehrlichman, counsel and Assistant to the President for Domestic Affairs under Richard Nixon (and a key figure in the Watergate scandal) said the war on drugs was created as a political tool to fight blacks and hippies, according to a 22-year-old interview recently published in Harper's Magazine. -"In support of the 2014 National Drug Control Strategy, the President requests $25.4 billion in Fiscal Year 2015 to reduce drug use and its consequences in the United States." -National Drug Control Budget, FY 2015 Funding Highlights, March 2014 In FY 2017, a total of $31.1 billion was requested by the President to support National Drug Control Strategy efforts to reduce drug use and its consequences in the United States. -"The estimated tax revenue that drug legalization would yield annually, if currently-illegal drugs were taxed at rates comparable to those on alcohol and tobacco is $46.7 billion"

Reasoning for fitness of duty tests/5 things needed in law enforcement

The ability to: -Testify competently -Shoot a firearm -Drive an automobile -Gather and book evidence -Effect a lawful/forcible arrest Plus, psychological perspective (doing these things competently requires a state of mind that allows you to act and think rationally under pressure) Might be done after stressful/traumatizing events, or because of complaints against officers Guidelines for assessments: -They shall be done only by qualified psychologists or psychiatrists who are licensed in that state. -The evaluator should be familiar with research on testing and evaluation in the field of police psychology. -As far as possible, the evaluation should not be done by a psychologist or psychiatrist who provides counseling within the same department. -Issues of confidentiality should be made explicit in writing prior to conducting the fitness—for—duty evaluation, and a consent form should be obtained from the oflicer. -The fitness—for—duty assessment should include at least one interview with the officer; a battery of psychological tests; interviews with supervisors, family members, and coworkers; and a review of any past psychological and medical evaluations. -The fitness—for—duty evaluator should provide a written report documenting the findings of the evaluation along with specific recommenda tions regarding continued employment and rehabilitation.

competency: competency to stand trial functional demands

dusky decision did not operationalize who competency to stand trial should be evaluated so local jurisdictions ahve generated some specific factors, which include: Understanding -charges -possible penalties -adversarial nature of legal system/legal procedure -able to give details of what they are accused of Assist -communicate with attorney -testify in own behalf in a relevant fashion -understand proceedings; pay attention, concentrate -behave appropriately in a hearing or trial -make decisions in rational way concerning plea, testimony, and other decisions If someone is deemed incompetent, then it is a psychologist's job to restore competence such a restoration occurs when a psychologist dtermines they are competent if period of incompetency is equal to sentencing, then you get time served and you are released (does not happen this way with murder cases)

battered woman syndrome: power and control wheel

eight categories of psychological abuse: 1.coercion and threats (threaten to kill or injure wife or children, threaten to burn the house down or steal the car) 2. intimidation (display weapons, give a look that instills fear) 3. emotional abuse (humiliating name calling, insults, restriction from personal hygiene [bath, toilet], forced nudity) 4. isolation (restrict access to mail, TV, phone, friends, family; demand accounting) 5. minimization, denial, and blaming (deny that abuse happened, blame victim for abuse) 6. use of children to control the woman (threaten to kidnap or abuse, relay threatening messages through the children) 7use of "male privilege" 8.economic/resource abuse (require "begging" for money, steal money from partner, destroy credit cards, control access to transportation)

battered woman syndrome: domestic violence definition

has to be an intimate relationship for it to be domestic violence, would just be assault if not

insanity: standards of insanity (The M'Naghten rule)

historical background-found NGRI due to delusional system Woodworker was psychotic, that he was part of a conspiracy, and that pope and prime minister were out to get him. TRied to kill the prime minister, but killed the PM's secretary instead. He was found to have suffered a disease of the mind and was found not guilty three elements -Defendant suffering from a disease of the mind -Did not know the nature and quality of the act (wild beast test) -Did not know right from wrong. (right from wrong test) A cognitive test of insanity

drugs: drug war casualties

international drug war casualties -"Since 1990 there have been 450,000 homicides in Colombia. Between 2.5 and 4 million people (there is debate over the exact number) have been internally displaced, leaving their hometowns in the search for safety" -Estimates of the number of people killed in Mexico's drug war since 2006 range from 50 to 100,000 domestic drug war casualties -In 1998, Whites composed 72% of all illicit drug users compared with the 15% share contributed by Blacks. -However, in 1996, Blacks constituted 62.6% of drug offenders in state prisons. -Nationwide, the rate of persons admitted to prison on drug charges for Black men is 13 times that for White men, and in 10 states, the rates are 26 to 57 times those for White men. -"The challenges that lead a person to prison—drug addiction, alcoholism, untreated mental illnesses, lack of employment opportunities—are not abated by incarceration; they are often worsened. -Former inmates may have lost family and social ties. They are certainly less employable than before, as many employers do not hire convicted felons."

The future of the relationship between psychology and the law

it is time for psychologists to move beyond basic research and to focus on how their perspective can improve the decisions made in law offices and courtrooms. In doing so, we will need to face the obstacles alluded to earlier in this chapter. Each profession and each discipline has its own way of doing things, its own way of seeing the world and defining the experiences in it. Police operate out of shared assumptions about the nature of the world; the experience of going through law school socializes attorneys to emphasize certain qualities; judges learn certain values and emphasize them in their decisions. Forensic psychologists must recognize these values (as well as their own) as they attempt to have an impact. Tanford (1990) reviewed two types of theories of the interaction between social science and the law. One type predicts that the obstacles to use of social science research in the courts can be overcome, and that science will eventually assume a prominent role in legal policy—making.In contrast, the other approach pre— dicts that social science will not have much impact on the law in the near future. This position is based on the current reluctance of the courts to rely on empirical research. In contrast, the other approach pre— dicts that social science will not have much impact on the law in the near future. This position is based on the current reluctance of the courts to rely on empirical research. 6 reasons for reluctance: 1. Judges are conservative and perceive social scientists to be liberal. 2. Judges are self—confident and do not believe that they need any assistance from nonlawyers. a. For example, Justice Frankfurter once said, "I do not care what any . . . professor in sociology tells me" (quoted by Tanford, 1990, p. 1953). b. Judges are human, and it is human nature to be unscientific. 3. Judges are ignorant of, inexperienced with, or do not understand empirical social science. 4. Samuel R. Gross (1980), a law professor who argued the Honey death—qualified jury case be— fore the California Supreme Court (Houey 11. Superior Court, 1980), has proposed that "much of the abuse that social science has suffered in the courts is a product of nothing more sinister than ignorance" (p. 10). 5. Judges perceive science as a threat to their power and prestige. 6. Law and social science are rival systems with competing logics (Tanford, 1990, p. 152).

insanity: statistics

less than 1% of all defendants enter a plea of NGRI and only 25% of the 1% are found NGRI NGRI acquitees spend more time in hospitals than those sent to prison almost all appear before a judge, not a jury in L.A. county, more than 100,000 felony cases are filed per year (on average, only 125-200 defendants are found NGRI in the entire state of california) Those acquitted by reason of insanity are almost always hospitalized in a secure setting for an indeterminate period of time, released from hospitalization only when they appear no longer dangerous Same "charge effect" appears in length of hospitalization for insanity acquittees as is seen in incarceration of convicted offenders that is, more serious offenders are confined longer, whether they are NGRI or convicted NGRI acquittees on conditional release (a kind of "mental health parole) are rearrested at low rates but are more likely to be rehospitalized More likely to be found NGRI by judges, not juries (juries are more likely to think people are lying) More likely to be found NGRI if -proprty crime as opposed to violent crime -if killed a family member rather than a stranger -if the pictures are less graffic

ethical dangers in forensic psychology

promising too much being an advocate instead of an empirical expert witness letting values overcome empirical findings doing a cursory job

battered woman syndrome: role of the psychologist (expert witness testimony)

the testimony is used to bolster a stan— dard defense (e.g., self—defense or duress),not provide a separate defense, per se. Issues toward which the psychological testimony is applied include, for example, whether the victim's perception of danger was reason— able (e.g., self—defense), the psychological damage resulting from domestic violence (e.g., civil tort), the basis for sole custody or restriction of child visitation (e.g., child custody), and why the battered woman engaged in seemingly puzzling behaviors (e.g., remained with or returned to the battering partner, expressed anger toward the batterer in public, left children alone with batterer, recanted testimony regarding occurrence of past violence). It is, of course, necessary to establish that the particular as— pects of a battered woman's experience of violence (and its aftermath) toward which the testimony is addressed are directly rele— vant to specific legal issues at hand in order for its application to be both helpful and admissible. The expert witness can describe three types of reaction to trauma: 1. psychological distress or dysfunction 2. cognitive reactions 3. relational disturbances The expert witness needs to deflect the assumption that if the battered woman didn't leave after the abuse, she wasn't bothered by it. The witness can bring out strategies the woman used to stop the violence (Follingstad, 1994b). These form three types: 1. Personal strategies: Complying with the batterer's demands in or— der to "keep the peace" Attempting to talk with abuser about stopping the violence Temporarily escaping Hiding Physically resisting 2Informal help-seeking: Soliciting help from neighbors and others in escaping from the batterer Asking others to intervene in attempt to get him to stop 3. Formal help-seeking ejforts: Using legal strategies—calling the police, prosecuting, getting a lawyer, going to a shelter

insanity: standards of insanity (Irresistible Impulse standard)

volitional aspect Person has lost the power to choose right from wrong, or irresistibly driven to commit a criminal act by an overpowering impulse resulting from a mental condition. mitigates crime, doesn't excuse it

child abuse: interviewing techniques

what not to do: -The use of suggestive questions ("Johnny said the teacher took him into a dark room. What do you think about that?") -The implication of confirmation by others -Use of positive reinforcement and punishers -Repetitious questioning -Inviting speculation

drugs: incarceration nation

-"The United States incarcerates a higher share of its population than any other country in the world. -Using data from 2008-09, in the United States 753 of every 100,000 people are in prison or jail -The U.S. incarceration rate is almost 20% higher than 2nd place Russia (629) and over 25% higher than 3rd place Rwanda (593). -The number of incarcerated people in the U.S. has increased by more than 350 % since 1980, while the overall population has grown by only 33 %. -Men make up 90 % of the prison and local jail population, and they have an imprisonment rate 14 times higher than the rate for women. -Incarceration rates are highest for those in their 20s and early 30s. -Incarceration rates are significantly higher for blacks and Latinos than for whites. -In 2010, black men were incarcerated at a rate of 3,074 per 100,000 residents Latinos were incarcerated at 1,258 per 100,000 White men were incarcerated at 459 per 100,000. -"Data suggests that rising crime can explain only a small portion of the rise in incarceration between 1980 and the early 1990s, and none of the increase in incarceration since then. -Stricter sentencing policies, particularly for drug-related offenses, rather than rising crime, are the main culprit behind skyrocketing incarceration rates." -Non-violent offenders make up over 60 % of the prison and jail population. -"Arrests and convictions for drug offenses have increased dramatically over the last three decades, with non-violent drug offenders now accounting for about 25% of all offenders behind bars, up from less than 10% in 1980.

death penalty: the role of forensic psychologists

-Competency to stand trial -Existing bias -Jury selection (Death Qualification) -Procedure Sentencing phase (mitigation assessment) -Evaluation for dangerousness -Competency for execution evaluation (Mental retardation and Children and the death penalty)

child custody: parental alienation syndrome

-Introduced by child psychiatrist, Richard Gardner (1985) -Circumstance in which child demonstrates strong affinity for one parent and alienation from another -Negative behaviors the child attributes to the alienated parent are trivial, highly exaggerated, or totally untrue (In most cases sexual abuse allegations are included) essential elements of PAS -Rejection of a parent that reaches the level of a campaign -The rejection is unjustified -It is a partial result of the non-alienated parent's influence When Might One See PAS? -Disproportionately represented in high conflict families -Commonly involve domestic violence, child abuse, and substance abuse The alienated child rejects PAS suggesting child can become alienated from historically adequate (or good) parent for numerous reasons -Close relationship with preferred parent -Child unable to tolerate ambivalence and so chooses one parent -Alienated parent responds in kind and rejects the child -Age and cognitive capacity of child -Temperament and personality vulnerabilities -Lack of external support for the child

Ethical decision making model continued

1.0 Awareness (event occurs; feelings and intuition may signal a conflict) 2.0 Basis (if not directly addressed in ethics code, what interests/standards are competing?) -2.1 Conflicting Interests: Nature of psychologist's responsibility to each involved party -2.2 Conflicting Standards: Legal requirements must be observed -2.3 Unclear Standards: Options for obtaining clarification 3.0 Determine: What are my options for action? -3.1 Likely Impact: Possible negative outcomes must be considered -3.2 Amelioration: psychologist may be able to reduce/eliminate negative effects -3.3 Hierarchy of principles: When multiple principles involved, hierarchical arrangement should be considered -3.4 Scale of Conscience 4.0 Decide and Evaluate: Follow-through and reflection

Ethical codes - human relations

3.01 Unfair Discrimination -In their work-related activities, psychologists do not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, or any basis proscribed by law. 3.05 Multiple Relationships -(a) A multiple relationship occurs when a psychologist is in a professional role with a person and (1) at the same time is in another role with the same person, (2) at the same time is in a relationship with a person closely associated with or related to the person with whom the psychologist has the professional relationship, or (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person. A psychologist refrains from entering into a multiple relationship if the multiple relationship could reasonably be expected to impair the psychologist's objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists. Multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are not unethical. -(b) If a psychologist finds that, due to unforeseen factors, a potentially harmful multiple relationship has arisen, the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code. -(c) When psychologists are required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, at the outset they clarify role expectations and the extent of confidentiality and thereafter as changes occur. 3.08 Exploitative Relationships -Psychologists do not exploit persons over whom they have supervisory, evaluative or other authority such as clients/patients, students, supervisees, research participants, and employees. 3.10 Informed Consent -(a) When psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons except when conducting such activities without consent is mandated by law or governmental regulation or as otherwise provided in this Ethics Code. -b) For persons who are legally incapable of giving informed consent, psychologists nevertheless (1) provide an appropriate explanation, (2) seek the individual's assent, (3) consider such persons' preferences and best interests, and (4) obtain appropriate permission from a legally authorized person, if such substitute consent is permitted or required by law. When consent by a legally authorized person is not permitted or required by law, psychologists take reasonable steps to protect the individual's rights and welfare. -(c) When psychological services are court ordered or otherwise mandated, psychologists inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding. -(d) Psychologists appropriately document written or oral consent, permission, and assent. 3.12 Interruption of Psychological Services -Unless otherwise covered by contract, psychologists make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist's illness, death, unavailability, relocation, or retirement or by the client's/patient's relocation or financial limitations.

Ethical codes - resolving ethical issues

1.04 Informal Resolution of Ethical Violations -When psychologists believe that there may have been an ethical violation by another psychologist, they attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved. 1.05 Reporting Ethical Violations -If an apparent ethical violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution under Standard 1.04, Informal Resolution of Ethical Violations, or is not resolved properly in that fashion, psychologists take further action appropriate to the situation. Such action might include referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities. This standard does not apply when an intervention would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question. 1.07 Improper Complaints -Psychologists do not file or encourage the filing of ethics complaints that are made with reckless disregard for or willful ignorance of facts that would disprove the allegation . 1.08 Unfair Discrimination Against Complainants and Respondents -Psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.

insanity: diminished capacity/diminished responsibility

1960's Rose Byrd, CA. Mental condition resulting in a reduction of charge Voluntary intoxication -People vs. Dan White "Twinkie Defense"

battered woman syndrome: domestic violence statistics

22% women, 7.4% men physically assaulted by current or former "partner" Domestic violence happens between people who are dating, married, separated, and divorced. It occurs in heterosexual as well as in gay and lesbian relationships and in adolescent dating relationships. Victims cross all socio-economic, religious, racial, ethnic, age groups Women represent 95% of adult victims Between 1 and 4 million women abused per year Lifetime risk for women is about 20% Domestic violence is the leading cause of injury to women ages 15-44 in the United States Research suggests DV results in more injuries to women requiring medical treatment than rape, auto accidents and muggings. (US Senate Judiciary Committee, 1992; Stark & Flitcraft, 1988) Abused women comprise approximately 11-30% of women presenting with injury to hospital emergency services. Medical expenses from domestic violence total at least $3 to $5 billion annually. Batterers cross all socio-economic, religious, racial, ethnic, age groups

insanity: standards of insanity (Guilty but Mentally Ill aka GBMI)

Developed at the University of Michigan in 1975 (used only in Michigan) Defendant guilty, mentally ill at the time of the offense, and not insane. most stringent

Ethical codes- Privacy and confidentiality

4.01 Maintaining confidentiality -Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship. 4.02 Discussing the Limits of Confidentiality -(a) Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship (1) the relevant limits of confidentiality and (2) the foreseeable uses of the information generated through their psychological activities. (See also Standard 3.10, Informed Consent.) -(b) Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant. -(c) Psychologists who offer services, products, or information via electronic transmission inform clients/patients of the risks to privacy and limits of confidentiality. 4.03 Recording -Before recording the voices or images of individuals to whom they provide services, psychologists obtain permission from all such persons or their legal representatives. 4.04 Minimizing Intrusions on Privacy -(a) Psychologists include in written and oral reports and consultations, only information germane to the purpose for which the communication is made. -(b) Psychologists discuss confidential information obtained in their work only for appropriate scientific or professional purposes and only with persons clearly concerned with such matters. 4.05 Disclosures -(a) Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law. -(b) Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to (1) provide needed professional services; (2) obtain appropriate professional consultations; (3) protect the client/patient, psychologist, or others from harm; or (4) obtain payment for services from a client/patient, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose. 4.06 Consultations -When consulting with colleagues, (1) psychologists do not disclose confidential information that reasonably could lead to the identification of a client/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and (2) they disclose information only to the extent necessary to achieve the purposes of the consultation. 4.07 Use of Confidential Information for Didactic or Other Purposes -Psychologists do not disclose in their writings, lectures, or other public media, confidential, personally identifiable information concerning their clients/patients, students, research participants, organizational clients, or other recipients of their services that they obtained during the course of their work, unless (1) they take reasonable steps to disguise the person or organization, (2) the person or organization has consented in writing, or (3) there is legal authorization for doing so.

Ethical codes - advertising and other public statements

5.01 Avoidance of False or Deceptive Statements -(a) Public statements include but are not limited to paid or unpaid advertising, product endorsements, grant applications, licensing applications, other credentialing applications, brochures, printed matter, directory listings, personal resumes or curricula vitae, or comments for use in media such as print or electronic transmission, statements in legal proceedings, lectures and public oral presentations, and published materials. Psychologists do not knowingly make public statements that are false, deceptive, or fraudulent concerning their research, practice, or other work activities or those of persons or organizations with which they are affiliated. -(b) Psychologists do not make false, deceptive, or fraudulent statements concerning (1) their training, experience, or competence; (2) their academic degrees; (3) their credentials; (4) their institutional or association affiliations; (5) their services; (6) the scientific or clinical basis for, or results or degree of success of, their services; (7) their fees; or (8) their publications or research findings. -(c) Psychologists claim degrees as credentials for their health services only if those degrees (1) were earned from a regionally accredited educational institution or (2) were the basis for psychology licensure by the state in which they practice. 5.02 Statements by Others -(a) Psychologists who engage others to create or place public statements that promote their professional practice, products, or activities retain professional responsibility for such statements. -(b) Psychologists do not compensate employees of press, radio, television, or other communication media in return for publicity in a news item. (See also Standard 1.01, Misuse of Psychologists' Work.) -(c) A paid advertisement relating to psychologists' activities must be identified or clearly recognizable as such. 5.04 Media Presentations When psychologists provide public advice or comment via print, Internet, or other electronic transmission, they take precautions to ensure that statements (1) are based on their professional knowledge, training, or experience in accord with appropriate psychological literature and practice; (2) are otherwise consistent with this Ethics Code; and (3) do not indicate that a professional relationship has been established with the recipient.

rape: date rape drugs

Alcohol (number one date rape drug) benzo family Rohypnol (roofies) GHB- Gamma Hydroxy Butyrate Ketamine

Current duty to warn regulations

Assess risk and if there is risk (and an identifiable victim and specific threat) warn victim and police

rape trauma syndrome: psychologists' roles in testifying for RTS

Assessment - self report, mental health/medical records, collateral contact, previous history of assaults -Assessment of functioning -Changes in identity -Phobias and fears -Social adjustment and coping expert witness testimony -Education *Debunk rape myths *Consent *Effects of the event *Common behaviors of rape victims *Cognitive distortions -Specific effects on the victim -In a civil suit to support claim of damages -as a defense of culpable behavior by a rape survivor Expert witnesses cannot say that someone has been raped, only that symptoms are similar to those of people that have been raped (not an ultimate opinion testimony)

insanity: standards of insanity (Durham Rule)

Based on Durham V. US (1954) -Defendant is insane if "unlawful act was the product of a mental disease or defect. Too liberal Not defined well and therefore any DSM-IV TR condition can qualify Hinkley was tried under Durham rule and found NGRI, which caused an uproar. burden of proof shifted after Hinkley case from prosecution having to prove lack of insanity todefense having to prove insanity

General ethical principles (aspirational)

Beneficence and nonmaleficence Fidelity and responsibility Integrity Justice Respect for people's rights and dignity

Brownfield vs. City of Yakima

Brownfield became antagonistic and had problems in his relationships This case set standard that you don't have to wait for somebody to do something outrageous to assess them, you can assess them preemptively for FFD

rape trauma syndrome: components

Burgess & Holmstrom (1974) -Collection of responses reported by 92 women subjected to rape or other sexual abuse. -Uniformity of responses Phase I- Acute Crisis -Denial, shock and disbelief -Disruption in functioning -Guilt, hostility and blame (blame often towards oneself) -Regression to helplessness or dependency (fearing the dark or being alone even though you're an adult) -Distorted perceptions (viewing world as dangerous, thinking all men are rapists) Phase II- Long Term Reactions -Phobias -Disturbances in general functioning -Sexual problems -Changes in lifestyle

History of psychology and the law - applied

Cesare Lombroso, an Italian who lived from 1836 to 1909, is considered the father of modern criminology, because he sought to understand the causes of crime the de— velopment of separate juvenile courts, first done in Illinois in 1899, led William Healy, a physician, to initiate a program to study the causes of juvenile delinquency His founding of the Juvenile Psychopathic Institute in 1909, with a staff that in— cluded psychologist Grace M. Femald, led to in— creased emphasis on the foundations of criminal behavior. Dr. Fernald was one of the first psychologists to specialize in the diagnosis and treat— ment of juvenile delinquency. Also, during the late 1800s and early 1900s, Sigmund Freud was devel— oping his theory of personality, and his writings about psychopathology influenced thinking about the causes of criminal behavior.

rape trauma syndrome: rape trauma syndrome vs. PTSD

Controversy about whether we should even use rape trauma syndrome, or just use PTSD (because symptoms are so similar)

insanity: definition

Criminal responsibility, refers to the state of mind of the individual at the time of the offense, not the current mental state. Mens rea (essential to the classification of an illegal act. A determination of guilt and a punishment, as evaluations and responses, should ensue only if there is free will and intent to do harm) guilt- commission of an act along with awareness of act's implications a legal concept, not a psychiatric term varies among jurisdictions if insane Not Guilty by Reason of Insanity (NGRI) entered as a plea

death penalty

Deterrence of crime -higher homicide rates for states employing the death penalty (Brutalization effect + process of suggestion) -Does not prevent repeat offending Cost -capital punishment cost $2 million more than life imprisonment Racial Bias -Those who kill European-American victims more likely to receive death penalty, especially if African or Hispanic American Inconsistencies in prosecutors decisions to seek death penalty -Victim variables -Appointed counsel Death qualified jurors Wrong convictions - 1% error -prosecution and police errors -incompetent counsel - counsel effects Juries misunderstanding of mitigation

child custody: roles of psychologists

Divorce counselor Child therapist Consultant to attorney Parent coordinator Mediator Expert witness -Psychologists judged to be qualified as experts in area of mental disorders if doing so aided the trier of fact -Qualifying depends on nature and extent of knowledge base, not title of the professional -common attorney complaints about expert witnesses (Use of jargon, Inadequate provision of information, Conclusions not clearly linked to data, Overstepping proper role) Child custody evaluator -Acts as agent of the court (Focus of evaluation determined by the court) -There is NO patient-therapist privilege (If hired by one side in the legal dispute, relationship may be governed by attorney work-product privilege [exempt from discovery]) -Holds an objective and impartial attitude -Hypotheses based upon specific psycho-legal criteria presented by the court/attorney -Relationship with litigant based on evaluation and judgment -Perspective of litigant somewhat secondary to larger concern of determining the reality of that perspective -Goal - discover facts and form opinions about specific psycho-legal questions intended both for the family and the court

Belmont Report

Establishes ethical principles: -Respect for persons -Beneficence and nonmaleficence -Justice

Ethical decision making process

Ethical awareness is a continuous active process which requires critical thinking Awareness of law and evolving research Question yourself frequently Question what you are sure of Know that ethical dilemmas are unavoidable

rape: definition

FBI definition - "Carnal knowledge of a female, forcibly and against her consent." Definition extended to include males and statutory rape Statutory rape - Sexual intercourse with a child younger than a certain age (state law:different states have different defintions of age of consent) Consent -Conscious -Free to act -Legally able to provide consent Less than 2 out of 100 rapes are convicted

rape: causes

Feminist perspective -Act of aggression motivated by need for power. More common in college men than expected because of the misconception by college men that women prefer rough sex -¾ of men n 1980 study reported that they would rape someone if they could get away from it -Cognitive distortions and rape myths were the reason for this -for example, the rape myths such as "rape is just rough sex," "if i buy her dinner i deserve sex," and "she doesn't really mean it when she says no" Media portrayals of violent sex (potrays rape/violent sex as desirable,for example, BDSM community) "Cultural spillover" —rape more common in cultures that encourage violence socio-cultural and socio-biological perspectives (Perspective that men are powerful and perspective that men cannot help themselves)

rape: legal distinctions

First degree rape -involves forcible compulsion -may occur with the use or threatened use of a deadly weapon, kidnapping, infliction of serious bodily injury to the alleged victim, or burglary -class A felony, which allows for up to life imprisonment. Second Degree Rape -involves forcible compulsion but does not rise to the level of a first degree offense -may also occur when an alleged victim is mentally incapacitated or physically helpless, or when the defendant is in a position of authority over the alleged victim -also a class A felony Third Degree Rape -does not meet the definition of first or second degree rape -still involves "clearly-expressed" lack of consent or threat of harm to the alleged victim's property

Tuskegee

Happened after 1947, believed that principles of nuremberg code did not apply to them because they were not nazis The United States Public Health Service, in trying to learn more about syphilis and justify treatment programs for blacks, withheld adequate treatment from a group of poor black men who had the disease, causing needless pain and suffering for the men and their loved ones. The men had agreed freely to be examined and treated However, the men had been misled and had not been given all the facts required to provide informed consent (Lack of informed consent, applicable code = 8.02) The men were never given adequate treatment for their disease (even when penicillin became the drug of choice for syphilis in 1947, researchers did not offer it to the subjects) (deceived and denied treatment, applicable code 8.07) The advisory panel found nothing to show that subjects were ever given the choice of quitting the study, even when this new, highly effective treatment became widely used.

History of psychology and the law- academic

Hugo Munsterberg 1908 believed experimental psychology should be utilized in "practical life" one of the original founding members of the APA in 1892, James McKeen Cattell, was an active re— searcher in eyewitne ss reliability A few months later, five other psychologists were added to the membership list. One of these was Hugo Miinsterberg, who, in September 1892, had come from Germany to the United States, to establish—at William James's invitation—the psy— chological laboratory at Harvard University. the founder of forensic psy— chology (the chapter topics of Miinsterberg's 1908 book—mem— ory distortions, eyewitness accuracy, confessions, suggestibility, hypnosis, crime detection, and the prevention of crime in varying degrees define what some psychologists think of as topics for con— temporary forensic psychology.) Even before Miinsterberg published his book, Hermann Ebbinghaus (1885), using himself as a subject, demonstrated the rapid rate of early memory loss Alfred Binet, as early as 1900, was seeking to understand children's compe— tence as eyewitnesses. Louis William Stern began publishing eyewitness research as early as 1902; during the next year, he was admitted to German courts of law to testify as an expert witness on eyewitness identification. Stern (1903) established a periodical dealing with the psychology of testimony. Guy Montrose Whipple (1909, 1910, 1911, 1912), in a series of Psychological Bulletin articles, brought the Aussage (or eyewitness testimony) tra— dition into English terminology, introducing American audiences to classic experiments relating testimony and evidence to perception and memory. But Miinsterberg was the psychologist "who pushed his reluctant American colleagues into the practical legal arena" (Bartol 8c Bartol, 1999, p. 7), and thus he had the greatest impact Miinsterberg reflected his desire to bring psychology into the courtroom by: 1. Demonstrating the fallibility of memory, including time overestimation, omission of significant information, and other errors. 2. Publishing On the Witness Stand, which was actually a compilation of highly successful magazine articles. As a result of these articles, he became, after William James, America's best—known psychologist (Lukas, 1997). His goal in these McClure's Magazine pieces was to show an audience of laypeople that "experimental psychology has reached a stage at which it seems natural and sound to give attention also to its possible service for the practical needs of life" (1908, p. 8). 3. Offering testimony as an expert witness in highly publicized trials. Not surprisingly, Miinsterberg's advocacy generated withering abuse from the legal community. Wigmore suggested that experimental psychology, at the time, lacked enough knowledge to be practical research by scientific psychology applicable to the courts languished from the First World War until the latter half of the 1970s

Ethical decision making model

Identify the problem Identify potential issues Review codes Know the laws in your state Obtain consultation Consider courses of action Enumerate consequences Decide on a course of action

Business necessity standard

If there is something fundamentally wrong with an employee's performance/ability to do their job then there is reason for ordering testing

rape trauma syndrome: admissibility in court

Implications of corroborating the crime Inconsistent court decisions -Admissibility (State V. Marks, State v. Saldana) *once the courts began to consider the rape trauma syndrome in the early 1980s, they became inconsistent in decisions whether to admit expert testimony -Proficiency of experts (State v.McCoy, v. State V. Willis) -Issues of consent (State v. McCoy; People v. Bledsoe)

insanity: practice

Important to assess relevant history, current clinical condition, clinical condition at the time of the offense, and whether individual was able to perform the functional demands (e.g., knowing nature and wrongfulness, conforming conduct to requirement of law in some states) at the time of the offense History -Criminal -Mental Health -Medical Current clinical condition -Interview -Psychological testing -Third party interviews Mental state at time of offense -Arrest records -Witness statements -Interview with third parties -Interview with defendants difficult to assess because you are trying to determine if they were insane at the time of the crime, which could be months or years before the assessment

drugs: international drug laws

In 2001 the Portuguese government, decriminalized the use of all illicit drugs Five years later: -The number of deaths from street drug overdoses dropped from 400 to 290 annually -The number of new HIV cases caused by IVDU plummeted from 1,400 in 2000 to 400 in 2006. Levels of drug use are below the European average Drug use has declined among those aged 15-24, the population most at risk of initiating drug use Lifetime drug use among the general population has increased slightly Rates of past-year and past-month drug use among the general population - which are seen as the best indicators of evolving drug use trends- have decreased

insanity: insanity vs. CST

Insanity -Looking at the defendant's mental state at the time of the offense -Focus on the past Competency to Stand Trial -Looking at the defendant's mental state at the time of the trial -Focus on the present

Behavioral red flags for police officers

Interpersonal conflicts with fellow workers Insubordination Excessive force Patterns of citizen complaints Workplace violence/violent tendencies Complaints of depression and anxiety

competency: competency to stand trial practice

Interview defendant Review records -Criminal *arrest report *arrest history -Mental Health Use testing if indicated -Personality/clinical -Intellectual -Specialized, for competence to stand trial *MacCAT-Criminal Adjudication

child abuse: sexual abuse evaluations

Interview: -Play to form rapport -Give anatomical dolls, clothed, and see what they do with them -Interactional interview (watch children and parents interact, Basic care Unstructured play Structured play Separation and reunification) -Look at reliability of child's reporting -Assess for related symptoms (anxiety, depression, social withdrawal, bed wetting or day time enuresis or encopresis) collateral contact -family -friends -school -medical records

child custody: court appointed evaluation

Interviews of direct family members and other involved with the family (e.g. teachers, clergy, therapists, extended family) Psychological testing Live observation Regarding parents -Parental competency (e.g. parent may be examined to determine the degree and severity of her depression and its effects on parenting capacity) -Parental fitness evaluations (Focus on potential areas of abuse or risk of the parent toward the children) Relevant Factors Regarding Parenting Competency -Intellectual functioning -Adaptive and social functioning -Personality and emotional functioning -Knowledge, attitudes, and perceptions -Parent-child interactions -Developmental needs of child -Parental response to previous interventions and potential for change regarding children -Primary question to address is "What are the developmental needs of the child?" -Can gather data from child interview, psychological tests, and collateral sources (pediatricians, teachers, and coaches) Relevant Factors Regarding Children -Emotional well-being -Physical well-being -School performance -After-school activities -Recreational activities -Cognitive development -Social development -Social involvement -Religious identity -Sex-role identity and gender-related issues -Communication skills -Child's perception of primary and secondary caretaker -Sibling relationships -Child's perception of relationship with each parent -Child's perception of extended family involvement -Child's description of daily routine and parental involvement -Child's description of each parent's discipline and rules -Child's involvement with each parent -Child's custodial preference and exploration of why Potential complications -Parental Alienation Syndrome -Child Alienation -Common couple aggression and domestic violence

IRAC

Issue -What is/are the issue(s) being presented to the court? Rule -What has the law been in the past? Has it changed? What does case law say about the issue(s)? Is there more than one rule in issue? Discuss the different rules. Application -Examine the facts and demonstrate how the rule either relates or does not relate to the question. If the issues are in conflict, how has the court addressed it in the past? And how did it resolve the conflict? Conclusion -What is the court's reasoning and its decision and your opinion.

insanity: assessment of criminal responsibility

Rogers Criminal Responsibility Assessment Scales (R-CRAS) 25 items -Organicity -psychopathology -cognitive control -behavioral control -reliability of the report Mental Screening Evaluation (MSE) no formal scoring MSE essentially consists of factors of orientation (used to determine how in touch with reality a person is, determines how they are oriented in time, place, situation, and person)

battered woman syndrome: components

Learned helplessness Lowered self-esteem Impaired functioning (including an inability to engage in planful behavior) Loss of assumption of vulnerability and safety (Previous beliefs that "things would turn out all right" or "this wouldn't happen to me" dissipate in the onslaught of abuse and violence) Fear and terror Anger/rage Diminished alternatives (for safety or escape. Where else are they gonna go?) Cycle of abuse (acute battering incident, followed by contrite phase, followed by tension builing phase, followed by another battering incident) Hypervigilance to cues of danger (As a result of being battered, women notice subtle things—things that others don't recognize as dangerous. The woman may notice her husband's words come faster, or she might claim that his eyes get darker. She may make a preemptive strike before the abuser has actually inflicted much damage.) High tolerance for cognitive inconsistency (tolerance for abuse defying perceptions, ex. claiming he only hits me when he's drunk, but not changing that belief when he hits him or her sober) the syndrome is associated with abuse, not necessarily long term abuse

insanity: california statutes

M'Naghten rule -In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense (Cal. Pen. Code §25(b)) In any criminal proceeding in which a plea of not guilty by reason of insanity is entered, this defense shall not be found by the trier of fact solely on the basis of a personality or adjustment disorder, a seizure disorder, or an addiction to, or abuse of, intoxicating substances. This section shall apply only to persons who utilize this defense on or after the operative date of the section. (Cal. Pen. Code §25.5)

insanity: famous cases

M'Naghten's case (10 Cl.&F. 200, 8 Eng.Rep 718 (H.L. 1843) -Most narrow standard "Such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong." Irresistible Impulse Test (Parsons v. State, 81 Ala. 577 (1887) -By reason of duress of mental disease, the defendant had so far lost the power to choose between the right and wrong, and to avoid doing the act in question Durham v. U.S., 214 F.2d 862 (D.C.Cir. 154) -Accused is not criminally responsible if his unlawful act was the product of mental disease or defect -Product Test American Law Institute's Model Penal Code -A 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 (US v. Brawner, 471 F.2d 969, D.C. Cir. 1972) Insanity Defense Reform Act, 18 U.S.C. §402 (1984) -Defendant must prove by clear and convincing evidence that at the time of criminal conduct, and as a result of mental disease or defect, the (defendant) was unable to appreciate the wrongfulness of such conduct

sexually violent predator laws

SVP: someone finishes their term for an offense but psychologists deem them still at risk for offending, and have a civil commitment Happens when a person with a history of mental health problems abuses children sexually and is likely to offend again After Dudd case Wesley Dudd: -molested, kidnapped, raped, and murdered numerous children -was able to evade long term imprisonment for yeas despite admitting to his crimes -archetype of a sexually violent predator SVP treatments -psychodrama involving reenactments of crimes from victim point of view -aversive conditioning using penile seismograph

Hiring procedures for police officers

Personality tests: -Used for fitness for duty evaluations and in hiring process -Use MMPI-II, CPI, IPI, and situational tests (mainly used to supplement psychological tests) -For CPI, it appears that qualities of impulsivity, risk taking, easy boredom, lack of objectivity, and will ingness to break rules contribute to problems among officers -For MMPI, those rated as unsatisfactory scored significantly higher on two scales: Pa (Paranoia) and Ma (Hypomania) (the typical interpretation given a high Ma score is consistent with a low score on the CPI Cluster II—impulsive, moody, and having a low frustration tolerance.) -Bartol concluded that an immaturity index consisting of a combination of the MMPI scales Pd (Psychopathic Deviate) and Ma (Hypomania) plus the L scale was a strong predictor of termination (L scale is curvilinear in predictive power, police officers scoring high demonstrate poor judgement, particularly under high levels of stress, and those who score extremely low also have poor performance) -Inwald Personality Inventory (IPI) was developed for a more specific and limited purpose: to measure the suitability of personality attributes and behavior patterns of law enforcement candidates (it is essentially a "screening out" test that seeks to assess antisocial behavior and emotional maladjustments that might adversely affect police performance) -The IPI items measure both personality characteristics and behavior patterns. -The scales also have a goal of differentiating between individuals who express socially deviant attitudes and those who act on them -There are gender differences in predictive power of IPI Polygraph Psychological testing (any psychotic diagnosis, previous or current, will render you unable to join the force) Physical testing

Assessments used for employees who are struggling and sent to a psychologist for fitness for duty evaluation

Personality: -most common is MMPI-2 Psychopathology: assessing for an actual diagnosis (ex. Depression, substance use disorders, tests would be specific to potential diagnosis) Cognitive: IQ tests such as WAIS (potentially organic cause or traumatic brain injury, helps ascertain if issues are memory, spatial, etc) Specialized: Neuro (cognitive is more general cognitive), substance use related, or PTSD (neurological causes of PTSD)

rape: etiology of rape

Power rapists —to compensate for personal inadequacy Anger rapists —angry at women in general, at their mothers (misogynists) Sadism rapists —satisfaction from torture and pain Cognitive Distortions, as is the case in the study with college men - Rape myths.

drugs: domestic drug laws

Proposition 36 (2000)🡪 an initiative statute which allows qualifying defendants convicted of non-violent drug possession offenses to receive probationary sentences in lieu of incarceration provided the defendant completes a community drug treatment program Proposition 47🡪 Requires misdemeanor sentence instead of felony for certain drug possession offenses. - Requires resentencing for persons serving felony sentences for these offenses unless court finds unreasonable public safety risk. "Deferred entry of judgment"🡪 allows eligible defendants the opportunity to have their criminal proceedings suspended while they attempt to complete a drug treatment program. "Drug Court"🡪 The major difference between drug court and DEJ is that if you participate in a drug court diversion program, there is no requirement that you first plead guilty to any offense. If you successfully complete your program, the judge will automatically dismiss the charge(s). If you perform in an unsatisfactory manner, the criminal charges are reinstated, at which point you face formal prosecution.

Where forensic psychologists work/what they do

Research Criminal justice -Courts -Trial consultant (assist in identifying case issues, determining if there is excesive pretrial publicity, and advise in jury selection, ethical issues include balancing science andbusiness and confiddentiality) -Witness preparation -Expert witness work (ethical issues: difficulty remaining objecctivee, conduit-educator vs. philosopher-ruler/advocate vs. hired gun) -evaluation and assessment (ethical issuesinclude confidentiality, dual relationship) Mental health court -Diversion (diverting people who are mentally ill from jails and prisons to mental health facilities) Correctional psychology -Assessment and treatment (possible ethical issue : who is the client? -charge/release evaluations (if they are not ready, a 51/50 is written which makes them eligible for a 72 hour hold in a mental health hospital) CPS -Child abuse evaluations and testimony Federal jobs -FBI (not criminal profiling) -DOD (department of defense) -BOC (board of corrections, which is more state government) Police dept -Treatment Make legislation -Write amicus briefs (accompany appeal and present psychological issues to legislative committees/others with power to institute legal change)

child abuse: forensic psychologist roles

Research on the nature of sexual offenders Child abuse evaluation Competency evaluation Testifying as expert witness

insanity: burden of proof

Shifted from prosecution having to prove lack of insanity (Hinckley's case) to defense having to prove insanity. Vast majority use "preponderance of the evidence" rather than "clear and convincing evidence"

child abuse: criterion based analysis

Statement Validity Assessment (SVA) -Coherence -Spontaneous reproduction -Detail in all topics -Contextual imbedding -Description of interactions -Reproduction of conversation -Complications -Unusual details -Peripheral details -Accuracy -Accounts of subjective mental states -Admitting lack of memory -Details of the act

conflicts between psychology and the law

The goals of the law and the goals of social science are different and partially in conflict. The law deals in morality, social values, social control, and justifying the application of abstract principles to specific cases. In day—today operation, the system values efficiency and expediency. . . . In contrast, social science deals in knowledge, truth, and derives abstract principles from specific instances. These are thought to be value—free. In operation, the scientific method values reproducible phenomena and underlying concepts and causes rather than the specifics or form in which these appear. Psychology's emphasis on innovation and coun terintuitive thinking versus law's stare decisis model and conservative stance, which resist innovation. 2. Psychology's empirical versus law's authoritarian epistemology, based on a hierarchy. 3. Psychology's experimental methodology versus law's adversarial process. 4. Psychology's descriptive versus law's prescriptive discourse. 5. Psychology's nomothetic versus law's ideographic focus. Psychology's probabilistic and tentative conclu sions versus law's emphasis on certainty, or at least the assumption that legal conclusions are irrevocable. 7. Psychology's academic and abstract orientation versus law's pragmatic and applied orientation. 8. Psychology's proactive orientation versus law's re active orientation. some psychologists (cf. Laufer & Walt, 1992) argue that some of these differences may be more apparent than real. In particular, they believe that the influence of precedent on explanation in psychology has been underemphasized. For exam ple, "normal science" imposes existing paradigms on interpretations and explanations of facts; these para digms direct new research endeavors. A con— clusion about behavior is not accepted by psychol— ogists until the observations are objectively measur— able, they show reliability (they are consistent over time), and they possess replicability (different in vestigators can produce similar results). In contrast, lawyers are more willing to rely on their own ex perience, their own views of life, and their intuition or "gut feelings." psychology deductive, law inductive? psychology focuses on probabilty while law focuses on distinct categories of yes or no, rightor wrong criticisms of psychology by legal system -lack of external validity legal system believes psychologists go beyond teh data to make moral judgements and intrude upon the legitimate activities of the legal system

What is forensic psychology?-the science and practice of forensic psychology

any application of psychological research, methods, theory, and practice to a task faced by the legal system psychology in the law, psychology by the law (i.e., rules and laws governing practice), and psychology of the law. psychology in the law, psychology by the law (i.e., rules and laws governing practice), and psychology of the law.

Cases after tarasoff

Thompson v. County of Alameda -juvenile delinquent stated that if released from custody, he would kill a young child residing in his neighborhood -did not name a specific victim -Upon his release killed young neighbor -In a lawsuit against the county institution, California Supreme Court held that in the absence of a readily identifiable foreseeable victim, there was no duty to warn. -The existence of an identifiable group of potential victims was insufficient to create a duty to warn, in light of the infrequency with which threats of violence by a patient are carried out, and in light of society's interest in encouraging free communication between therapist and patient. Brady v. Hopper -individuals shot by John Hinckley during his attempted assassination of Ronald Reagan sued Hinckley's psychiatrist -the federal district court in that case held that even in a situation involving a special relationship, such as the one between a therapist and patient, the therapist does not owe a duty to the world at large, and cannot be held liable for injuries inflicted on third persons, absent specific threats to a readily identifiable victim. Several courts have discussed the foreseeability component of the duty to warn, and have imposed upon therapists an affirmative duty to investigate the possibility of dangerousness -in Bradley Center Inc. v. Wessner, a private hospital was held liable for failing to pursue "further attempts to evaluate in a more intensive fashion the inside deterioration" of a patient who, while released on a one-day pass, murdered his ex-wife -in Hedlund v. Superior Court of Orange County, a California court recognized that the duty to warn is "inextricably interwoven with the diagnostic function," and that "the duty imposed on the therapist... is first to diagnose or recognize the danger posed by the patient..." -Under these cases, then, the therapist has a duty to take some initiative in determining a patient's dangerousness

insanity: standards of insanity (Insanity Defense Reform Act 1984)

a cognitive test alone

competency: types of competency

competency to plead guilty -waiver of right to several constitutional rights, such as the right to a jury trial and the right to confront one's accusers, must be knowing, intelligent, and voluntary -must determine that defendant understands the criminal process and is able to function in that process competency to stand trial competency to be executed: -must understand that death is permanent

battered woman syndrome: criticisms

defense of women at trial -The defense has been challenged as portraying women in an unfavorable light, while the battered woman syndrome has been questioned with regard to its validity as an empirically established concept. -One of the problems in the use of the battered woman defense at trial is the behavior of the attor— neys representing the woman. -A second problem is that the defense may cause to resurface those emotions expressed by the woman during and immediately fol lowing the homicide, contributing to the culturally held notion that women show their emotions more than men and that the defendant's emotional re sponse is relevant to the case -During witness preparation, attorneys some— times advise the defendant to look more feminine, exploiting gender stereotyping to try to win the case. -in jury selection lawyers perpetuate stereotypes that contribute to a simplified distinction between the two genders (viewingmen as protective towards women and therefore ideal jurors, and women as overly judgemental towards women) Perpetuating the battered woman stereotype -Psychologists view the use of the battered woman defense as a mixed blessing (see Levesque, 2001). Crocker wrote: "The fundamental problem with the battered woman stereotype is that it allows the legal system to continue considering the defendant's claim based on who she is, not on what she did" -it can be argued that the use of the BWS "pathologizes" battered women, many of whom have reacted justifiably to their plight the scientific validity of battered woman syndrome -Criticisms have primarily centered on the quality of the empirical basis for the cycle of violence theory and the application of the concept of learned helplessness -With regard to learned helplessness, scholars have questioned the application of Martin Seligman's original theory and research on dogs to battered women