Forensic Psychology Unit 2

Criminal Behavior

An intentional act violating criminal law, committed without defense/excuse, and penalized by the state as a felony or misdemeanor

Elements of a Crime

The prosecution must prove a voluntary act (actus reus) committed with a guilty mind (mens rea) beyond a reasonable doubt

Legal Definition of Delinquency

Behavior against the criminal code by someone under adulthood age (typically <18) who is adjudicated delinquent

What does delinquency include?

Behavior against the criminal code by someone under adulthood age (typically <18) who is adjudicated delinquent

Delinquency behaviors

• Status offenses (acts prohibited only for juveniles, e.g., truancy, running away, underage drinking)

Social Definition of delinquency

Broader youthful behaviors considered inappropriate (petty theft, substance abuse, vandalism) regardless of police contact

Psychological/Psychiatric Definition of juvenlidelinquency

Uses symptom-based labels like conduct disorder (CD) or antisocial behavior

Executive Function (EF)

A cognitive system in the prefrontal cortex for problem-solving, emotional regulation, and self-control.

What does the executive function

• Working memory

• Cognitive flexibility

• Inhibitory control (Self Control)

Working memory

Holding/manipulating information over time

Cognitive Flexibility

Thinking in multiple ways and adapting to changes

Inhibitory Control (Self-Control)

The brain’s "brake" to override impulses and delay gratification

Poor executive function strongly links to

ADHD, conduct disorders, psychopathy, and persistent antisocial behavior

Life Course-Persistent Offenders (LPs)

Antisocial behavior begins very early (age 3) and continues across

the lifespan; driven by neuropsychological problems exacerbated by high-risk environments

Adolescent-Limited Offenders (ALs)

Majority of delinquents (>25%). Behavior

begins and ends during teen years, driven by peer influence and desire for

autonomy; desist in young adulthood

Socioemotional Network, Steinberg’s Dual Systems Model:

Reward-seeking/emotional arousal (dopamine); peaks rapidly in early/mid-adolescence

Cognitive-Control Network, Steinberg’s Dual Systems Model:

Prefrontal cortex; governs self-regulation and

matures gradually into mid-20s

The Temporal Gap, Steinberg’s Dual Systems Model:

Earlier maturation of the socioemotional system creates heightened risk-taking and peer susceptibility during emotional arousal

ADHD

Motor activity, impulsivity, and inattention; co-occurs with CD, elevating chronic crime risk

Conduct Disorder (CD)

Repetitive pattern violating others' rights (childhood-onset has worse prognosis/higher aggression; adolescent-onset is milder)

Hostile Attribution Bias

Tendency to incorrectly view ambiguous actions of others as hostile

Language Delays & Peer Rejection

Language deficits impair non-aggressive problem-solving; early rejection by prosocial peers predicts serious violent offending

Roper v. Simmons (2005)

Abolished the death penalty for offenders under 18

Graham v. Florida (2010)

Ruled life without parole (LWOP) unconstitutional for non-homicide juvenile offenses

Miller v. Alabama (2012)

Mandatory LWOP for juveniles convicted of murder violates the Eighth Amendment (discretion required)

Montgomery v. Louisiana (2016)

Made Miller retroactive

Jones v. Mississippi (2021

Formal finding of "permanent incorrigibility" is not strictly required to impose LWOP if discretion and mitigating factors are considered

Psychopathy

Lack’s conscience/empathy due to profound emotional deficits

Sociopathy

Sociopaths possess morality, feel guilt, and form attachments despite criminality

Factor 1 (Interpersonal/Affective): (PCL-R)

Superficial charm, grandiose self-worth, pathological lying, shallow affect, lack of remorse

Factor 2 (Lifestyle/Antisocial): (PCL-R)

Impulsivity, irresponsibility, sensation-seeking, juvenile delinquency

Triarchic Psychopathy Model (TriPM)

Meanness, Disinhibition, and Boldness (Fearless Dominance)

Gold Standard Assessment

Psychopathy Checklist-Revised (PCL-R); scores of 30+ indicate primary psychopathy

Instrumental violence

Planned to achieve an external goal

Reactive (expressive) violence

Unplanned, impulsive response to threat/provocation

Risk assessment

Evaluates general dangerousness (bail/parole)

Threat assessment

Investigates a communicated threat to interrupt targeted violence

School safety

Mass shooters exhibit "leakage" (communicating intent). Comprehensive School Threat Assessment Guidelines (CSTAG) differentiate transient vs. substantive threats

Workplace safety

Classified into 4 types based on assailant relationships

Serial Murder

Multiple victims over time with a cooling-off period; motivated by power, control, and fantasies

Mass Murder

Three or more victims at a single location with no cooling-off period

Spree Murder

Multiple victims at two or more locations with no cooling-off period

Hate (Bias) Crimes

Offenses accompanied by bias against a protected group, allowing for sentencing enhancements.

Stalking

Repeated, unwanted intrusions causing fear; intimate/ex-partners pose the highest physical violence risk

Bullying/Cyberbullying

Peer aggression involving power differentials; cyberbullying uses digital tools. Both cause severe psychological harm

Sexual Violence

Nonlegal umbrella term for nonconsensual acts, trafficking, exploitation, child abuse, incest, and sexual harassment

Sexual Assault

Preferred legal term for any nonconsensual sexual act proscribed by law (including lack of capacity to consent)

Rape

Narrower legal term for forced penetration of vaginal, anal, or oral regions

Primary Motive of sexual violence

Power, control, and dominance (though sexual gratification is also a key factor)

Federal Criminal Code (18 U.S.C. 109A)

Distinguishes aggravated sexual abuse (involving force, threats, date rape drugs, or unconsciousness) from sexual abuse

Crime measures

• UCR / NIBRS: Forcible rape rate was 40 per 100,000 inhabitants in 2022. Highly

underreported.

• NCVS: Self-report survey showing only 21% of rapes/sexual assaults were

reported to law enforcement in 2022

Statutory Rape

Unlawful intercourse with someone below the age of consent (typically 12–18). Mistake of age is generally not a defense.

Rape by Fraud

Relations with a consenting adult under fraudulent conditions (e.g., a therapist framing sex as treatment)

Case Attrition & Rape Kits

Massive backlogs of untested sexual assault kits (SAKs) exist nationwide, and most police reports are never referred to prosecutor

Sexual violence at colleges

• ~1 in 4 college women and 1 in 16 college men experience sexual violence.

• The Campus Climate Survey Validation Study (CCSVS) found total lifetime victimization rates of ~34% for women and ~11.2% for men

• Rates are higher among LGBTQ+, transgender, bisexual, and disabled students

Date / Acquaintance Rape

• ~80% of all rapes (about 1/3 by intimate partners, 38% by friends/acquaintances)

• Heavily linked to heavy episodic drinking

Rape Myth Acceptance (RMA)

• False, widely held beliefs that deny/justify male sexual aggression (measured via Burt RMA and Illinois Rape Myth Acceptance scales).

• High RMA heavily biases judicial, police, and jury decisions

Sex Offender Registration and Notification Act (SORNA):

Part of the Adam Walsh Act (2006)

• Mandates local registration across three tiers (Level 3 requires lifetime registration)

• Critics note its broad strokes impact low-level offenders without clear paths to reintegration.

Rapist demographic/characteristics

• Often young (44% under 21)

• Act as "criminal career generalists"

• ~70% have prior nonsexual offenses

• General criminality involves rule violation and impulsivity

Child Sex Offenders demographic/characteristics

• Prevalence is >1% of men

• CSOs generally restrict offending to sexual crimes and do not exhibit general criminality

MTC Rapist Typology (MTC:R3):

Based on aggression, impulsivity, social competence, sexual fantasies, sadism, and naive cognitions

Opportunistic (Types 1 & 2): Rapist typology

Context/opportunity-driven; high lifestyle impulsivity

Pervasively Angry (Type 3): Rapist typology

Global rage; high expressive aggression with minimal sexual arousal

Sexually Motivated, Sadistic (Types 4 & 5): Rapist typology

Driven by fantasies; Overt Sadistic requires actual victim pain/resistance

Sexually Motivated, Nonsadistic / Power Reassurance (Types 6 & 7): Rapist typoloy

Desire to prove sexual adequacy; low aggression

Vindictive (Types 8 & 9): Rapist typology

Uses rape to humiliate/degrade women out of general anger

Female Sex Offender Typologies

• Make up ~5% of offenders

• Categories include heterosexual nurturers, noncriminal homosexual offenders, female predators, young adult child exploiters

Child Sex Offender Typologies (MTC:CM3):

• Axis 1 evaluates fixation and social competence (Type 0 is high fixation/low competence and hardest to treat)

• Axis 2 evaluates contact level and injury (Type 6 sadistic offenders are rare and dangerous)

Online Predators

Often white males over 25; categorized into fantasy-driven and contact-driven

Child Pornography Offenders

• Federal law prohibits production/possession of Child Sexual Abuse Material (CSAM).

• A large segment are nonproduction, exclusive offenders with no prior criminal record. Assessed via tools like the PORT

Prevalence & Traits: Juvenile Sex Offenders

• Account for ~20% of sexual assaults and up to 50% of child sexual abuse

• Median age is 14–15; victims are typically younger (median age 7)

• Exhibit general antisocial behavior and social competence deficits

Assessment of juvenile sex offenders

Uses tools like the J-SOAP-II, ERASOR, and AIM2 (which incorporates protective/resilience factors).

Recidivism Rates of sex offenders

• 10%–15% over 5 years (10%–25% after 5 years).

• Treated offenders show lower recidivism (10.9%) than untreated (19.2%)

• Female recidivism is 1-4.5%

Risk assessment evolution

• Unstructured Clinical Interviews: Highly unreliable due to offender denial and deception

• Actuarial Instruments (Preferred):

  • Static-99 / Static-99R / Static-2002R

  • Violence Risk Scale - Sex Offense (VRS-SO)

  • STABLE-2007

Static-99 / Static-99R / Static-2002R

Uses unmodifiable historical variables to predict long-term risk probabilities

Violence Risk Scale - Sex Offense (VRS-SO)

Dynamic approach combining static and changeable (dynamic) items to guide treatment and measure progress

STABLE-2007

Measures stable, potentially changeable risk factors (hostility, impulsivity, relationship stability)