Forensic Psychology pt 1

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Folkes v. Chadd

Court case associated with setting the precedent wherein professionals (psychological and otherwise) are permitted to testify in their area of expertise.

Frye v. US

Permitted expert testimony in a case if the procedure or theory was "generally accepted" in in the related scientific sector.

Daubert v. Merrill Dow Pharmaceuticals, Inc

One of three major cases that provided more flexibility in the admissibility of expert testimony/ vidence. It is more general and allowed any expert to testifiy

amicus curiae

“friend of the court”, a document submitted by a person or organization that provides expertise or professional perspective to a case.

probative value

the extent to which relevant evidence or testimony logically proves or disproves a claim

prejudicial effect

the bias or the damage evidence or testimony may cause.

Division 41

Division of the APA associated with the integration of law and psychology

Federal Rules of Evidence

a set of rules governing the inclusion of evidence in federal court cases (e.g., the admissibility of expert testimony by psychologists)

Criminogenic needs

dynamic factors that may affect likelihood of recidivism (e.g., attitude toward drugs). Including traits and risk factors

Noncriminogenic needs

dynamic factors with limited influence on criminal behavior (e.g.depression)

In a court ordered evaluation, the defendant being assessed has the same rights to confidentiality as an individual in elective therapy.

false - the psychologist works with the client

In civil courts, the state/government brings an accusation against an individual who has broken the law.

false

Psychologist who did one of the first “forensic psychology” experiments (examining the accuracy of eyewitness testimony).

Cattell

Forensic Assessment Instruments

specialized instruments that are more directly related to legal/forensic questions

reliability

The consistency of a measure

Validity

the ability to measure what it intends to measure

Malingering

Deliberately faking or exaggerating symptoms of mental or physical illness for the acquisition of secondary gain

In a court ordered evaluation, the psychologist must obtain written or verbal consent from the individual (s)he is evaluating in order to proceed.

false

Brown v. Board (Clarks’ testimony)

The testimony that concluded that segregation is bad essentially. Clark had the doll experiment.

Jenkins v. United States (1962)

psychologists’ testimony can be admitted to court to determine criminal responsibility (not just MD’s)

Court case in which it became permissible for mental health professionals without a medical degree to enter expert testimony to the court.

1960s/70s

increase in amicus curiae brief submissions by psychologists (and other mental health professionals)

1981

Division 41 was established

Police and Public Safety Psychology (PPSP)

research/application of psychological principles/clinical skills to public safely and law enforcement

Family Forensic Psychology

work in the areas of adoption, custody, guardianship, estate planning, reproductive/genetic technology, termination of parental rights

Crime and Delinquency

behavioral science looking at the behavioral and mental processes of offenders

Victimology/Victim Services

study of individuals who- because of a crime committed or intended against them- have experienced physical, psychological, social, or financial harm

Criminal Court

Government (prosecution) brings acting against an individual (defendant) who is accused of a societal rule violation

Civil Court

Two or more parties (litigants) seeks resolution of a dispute with the help of a court

NGRI

not guilty by reason of insanity

correlational approach

Analysis of how two variables are related/associated (and the strength of the association; correlation coefficient, r)

Forensic Psychology

Applying psychology to law. when looking at the person, the individual

Unstructured clinical interviewing

THE BEST TO USE for engendering positive relationships between a forensic psychologist and a defendant

Semi-structured clinical interviewing

predetermined questions with flexibility; more reliable

strructures/norm-referenced clinical interviewing

most formal/rigid; most reliable; poor for rapport building; less flexibility

FAI: Specialized

addressing specific legal qesutions. ex: insanity, competency to stand trial

FAI: Forensically relevant

focusing on clinical issues ex: risk assessment, psychopathology

Cultural sensitivity/mitigating bias

utilize methods of assessment that have been validated on a sample to which the examinee belongs. Sensitive to a person’s background, as sensitive as possible to their lived experiences, be aware of bias

Types of Tx: Management

reduce/eliminate acute crisis

Types of Tx: Outpatient

focus on daily living challenges (e.g., adjustment, coping, anxiety)

Types of Tx: Maintenance

med management, environmental consistency, enabling to stay stable

Types of Tx: Special Programs

focus on specific issue (e.g., substance abuse, anger control, sexual offending)

FRE 403

judges must exclude relevant evidence if its “probative value is substantially outweighed by the danger of unfair prejudice”. when the cons outweigh the pros

FRE 702

expert testimony must be based in reliable and valid principles/methods/etc. be sure that we are using ethical and scientifically valid and reliable methods of research

What are the four C’s of Effective Expert Testimony

Clarity, Clinical Knowledge, Case specificity, and Certainity

C’s of Effective Expert Testimony: Clarity

easy to understand, limited jargon

C’s of Effective Expert Testimony: Clinical Knowledge

Personal expertise and acquired knowledge

C’s of Effective Expert Testimony: Case-specificity

testimony about the case itself, being specific

C’s of Effective Expert Testimony: Certainity

Confident but not too confident

Bias

A human condition that requires recognition and management where possible

Career/habitual criminal

repeated conviction (2 or more)

Serial offender

3 or more separate, repetitive criminal events, psychological motives

Burglary

crime against property

Robbery

crime against property and person

Risk Factor

more likely to commit a crime. ex: lack of education, lack of support system, age, lack of employment

Protective Factor

less likely to commit a crime. Reduce risk levels. ex: supportive “family”, consistency with meds, self-control, gainful employment, hobbies, positive peer relationships, self-esteem, intelligence, empathy

Opportunity reduction

Reducing the opportunity to do crime

Target hardening

measures to make crimes more difficult to carry out. Primary and secondary intervention

What are characteristics of (persistent) criminals

mostly male, mid to late teens, impulsive, dysfunctional family background, family or friends who have been convicted of crimes, low performance in school, substance use/abuse, serious mental disorder, low executive functioning

Cognitive Patterns of Criminals

Denial of criminality, Justification, Minimization, Rationalization, Distorted personal narratives

Personality Patterns of Criminals

External Locus of Control, Limited Empathy, Diminished self-control, Thrill seeking, the Big 5

Psychopath

an individual who demonstrates a specific, and atypical, cluster of psychological, interpersonal, and neuropsychological features

ACEs

adverse childhood experiences

Adversarial allegiance

bias related to one side or the other in a court case (e.g., difference between ratings amongst experts for the prosecution vs. the defense)

What are risk assessments

Addressing the likelihood that someone will be “dangerous” to self or others. ex: suicide, self-injury, violence and re-offense

When do risk assessments occur?

Early in proceedings (e.g., determining whether to detain or release a suspect on bail; transfer of a juvenile to adult court)

• sentencing phase

• during the parole process

Actuarial Risk Assessment Instruments

statistical (objective) - Use of risk assessment instruments to identify risk factors for reoffense

Clinical assessment

(subjective) - Based on experience and professional judgment, found to be largely accurate (better than chance), biased

Structured Professional Judgment (SPJ)

Combination of actuarial and clinical risk assessment. the best practice

O’Connor v. Donaldson (1975)

two requirements for commitment: mental illness and imminent dangerousness (not just needing care). It was a clarification for commitment

Tarasoff v. Regents of the University of California (1976)

duty to warn (warn the person being threatened)(specific person); must assess for risk outside of forensic settings.

Barefoot v. Estelle (1983)

expert testimony on risk/dangerousness is admissible (does not violate the Constitution). Clarified that this expert testimony is admissible

Schall v. Martin (1984)

if serious risk of future criminal conduct, preventative, pretrial detention is permissible (especially relevant for juveniles). Hold the individual without parole because they are a high risk

Kansas v. Hendricks (1997)

indefinite civil commitment of sexually violent offenders (with a "mental abnormality") is permissible (even after prison sentence ends)

Kansas v. Crane (2002)

clarified “mental abnormality” (Hendricks): in order to be committed, sex offenders must show a "serious difficulty" in controlling their dangerous sexual behavior

Static risk factors

often don’t change (e.g., age at first offense; hx of personality disorder; hx of substance use demographics)

Dynamic risk factors

change over time and situation (e.g., current substance use; limited insight; stress)

Stable risk factors

they change- change slowly over time (e.g., attitudes about women)

Acute risk factors

that change rapidly (e.g., drug-induced states, state of mind)

Recidivism

Repetition of Criminal Behavior

Structured Assessment of PROtective Factors (SAPROF) for violence risk

instrument identifying protective factors

forensic science

activities pertaining to civil and criminal law

Roles of Forensic Psychologist

Conduct assessments (risk, ngri, cst, cce), consultation, treatment planning, witness prep, policy analysis

Confidentially

• limited because information is being turn over to the client

• the client is the court

• can conduct assessment, not required to get verbal/written consent

CBT

• cognitive behavioral therapy

• most effective form of treatment

what are the ethical concerns within forensic psychology

• Stay within one’s own scope

• Informed Consent

• Confidentially (limited)

• Multiple relationships

• Contingency fees (based on the outcome of evaluation and trial)

What is the Dark Figure of Crime

unreported/unsolved crimes such as sexual assault, undocumentation, and blackmail

Dark Triad

a psychological theory of personality

• Psychopathy (antisocial behavior, lack of remorse)

• Narcissism (entitlement)

• Machiavellianism (manipulative for personal gain)

Psychopaths are more likely to…

• commit violent and non-violent crimes

• continue to commit crimes after the age of 40

• violent when intoxicated

• victimize strangers

Psychological measures of psychopathy are…

primarily used for identification of psychopathy not prediction of risk