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What is more accurate: clinical or statistical predictions?
statistical predictions
when does clinical accuracy get worse?
information overload, few precise measurements/not strong enough theories, disregard for base rates, overconfidence with broken leg cases
what is nomothetic?
laws and patterns to predict and control behavior (think conditioning)
what is idiographic?
focuses on subjective, personal experiences
what is quantitative vs qualitative?
think quality over quantity…
quan: numerical measurement
qual: non-numerical measurements that seek to understand thoughts and emotions
what is the best role for the clinician in predictions and postdictions?
best utilized at the interface with the predictand, like maintaining relationships, extracting additional data, render relevant judgements, and administer treatments
in which type of cases is clinical judgement still required in directing construction and evaluation of equations?
identifying broken leg cases and devising variables to look for (based on theory)
what are some types of criminal prediction and postdiction?
criminal profiling
psychological autopsies
predicting dangerousness (duty to warn, bail, civil commitment, parole)
what are the practical difficulties to criminal prediction and postdiction?
open-ended task, unlimited variables
underdeveloped theory (relevant factors, strengths, configurations)
measurements are unreliable or unavailable
accuracy feedback is often not available
range restriction issues (ethics, low base rates)
balancing accuracy with due process concerns
what is SSA in statistical profiling?
smallest space analysis, which is a multidimensional scaling technique in psychology used to visualize the relationships between variables as points on a map
what is MDS in statistical profiling?
multidimensional scaling, which is a set of statistical techniques used to visualize the hidden, underlying structure of similarity or dissimilarity data among stimuli
in criminal profiling, where can individual vs. situational variance be analyzed (cross-situational consistency)?
statistical profiling, in which replicable findings related to statistical predictions are made up of serial offenders’ characteristics
what are serial killers?
3 or more people in separate acts, with a “cooling off” period
what are spree killers?
multiple victims, separate acts, no “cooling off” period
does criminal profiling work?
it is not often reliable, as it is developed out of casework (not science), is in its infancy, and profiling can cause tunnel vision in cops, leading them to ignore evidence suggesting the suspect’s innocence
most profiling cases are not associated with arrests
when are psychological autopsies used?
may be requested in cases of equivocal death
usually used in cases of suicide
NASH (Natural, Accidental, Suicide, Homicide)
***rarely produce definitive conclusions
***often admissible in civil cases, not criminal
What is Tarasoff v Regents about?
“duty to warn, duty to protect” => if one of your clients makes a threat to an identifiable other, they must tell authorities and the one who was threatened
What is Ewing v Goldstein about?
threats made by client’s family must also be reported to authorities and the one who was threatened
what is Megan’s law?
states must make personal information of known sexual offenders public to the relevant community
what are SVP civil commitment laws?
some states can exert their power to further incarcerate/treat soon-to-be paroled offenders
what is involved when analyzing possible future offenses?
risk assessments underly legal decisions: bail, involuntary civil commitment, parole
criteria includes a clearly articulated threat to oneself or others, has a history of violence or indicators of escalating behavior, if it can be treated
psychologists struggles to predict risk accurately although they are allowed to testify in court about future dangerousness
what is the duty to warn, duty to protect?
it is a risk assessment that is conducted as a part of normal psychotherapy, as therapists have a duty to protect their clients potential victims
why is the book incorrect when it mentions unstructured clinical judgment, actuarial predictive instruments, and structured professional judgment instruments?
additionally, why is the book wrong when it identifies actuarial prediction as quantitative, nomothetic and clinical prediction as qualitative, idiographic?
actuarial is NOT the same as statistical. for example, all actuarial predictions are statistical but not all statistical predictions are actuarial.
this idea conflates the type of data with the mode of combining those data with the evaluative reference for the data.
what is the difference between quantitative, qualitative?
refers to whether the raw observations have been assigned a numerical structure
Quantitative = yes, Qualitative = no (or not yet)
what is the difference between clinical vs statistical?
refers to who makes the final, synthesized decision or judgment
Clinical = human, Statistical = some sort of algorithm
what is the difference between nomothetic vs idiographic?
refers to the evaluative standard for making decisions
Nomothetic = group summaries or cutoffs, Idiographic = individual’s own benchmarks or history
what are preliminary considerations?
when clinical psychologists frequently conduct evaluations to inform and advise the court, they make a formal diagnosis and conduct an evaluation of the individuals
assessments to appraise the relationships and situations of the clients
what is difficult about characterizing IPV?
the cycle of abuse, and the many different escalation models
predicting victims responses is difficult as well (the legal system may look to psychological/medical experts to help make sense of IPV)
the fundamental attribution error affects evaluations of IPV victims
what is the difference between syndromes and disorders?
syndromes are NOT well understood (when we know symptomology, syndromes are often reclassified as disorders
syndromes can be legitimate (like fetal alcohol syndrome) but often are not (like Shaken baby syndrome or Wilson’s syndrome)
syndromes are a group of symptoms that consistently occur together whereas a disorder is an illness that disrupts normal physical/mental functions
syndrome → disorder → disease
what is battered woman syndrome (bws)?
it is used to explain the behavior of IPV victims who turn violent and often underlies claims of self-defense
does not have a strong evidence base to support its existence or its usefulness for triers of fact
what is rape trauma syndrome (rts)?
it is used to explain the behavior of victims of an SA (event → acute crisis → reorganization) and used as a therapeutic tool (as having a label for their experience can help people process and recover)
does not have a strong evidence base to support its existence or its usefulness for triers of fact
what are custody evaluations?
divorce, civil dissolution, death of parents/guardians require courts to appoint legal/physical custody of minor children
most of the time, custody can be decided amicably, but when contested, psychologists often asked to predict the best custody arrangements for the children (and studying the effects of custody on children is hard!!)
why is studying the effects of custody on children so hard?
cross-sectional designs are most common, but longitudinal designs are needed
what is selective attrition: those with the worst outcomes most likely to drop out
measuring dysfunction is much easier than measuring adaptive functions
there is bias against finding null effects (but null effects can be good!)
what is BICS?
Best Interests of the Child Standard which is when courts must rule on custody
what is the tender years doctrine?
***not common but not gone
where young children and female children go to the mother
what is the approximation rule in child custody?
primary caretaker criteria: custody should be divided proportionately to caretaking duties, however it is distributed
what are the different philosophical perspectives on the purpose of criminal punishment?
retribution, rehabilitation, deterrence (which discourages negative behaviors), removal
**this brings into question how mental disorders may interfere with most of these goals (this makes punishment morally questionable)
legally, what is insanity?
a legal standard of past dysfunction
it is NOT a diagnosis or an assessment of present impairment
what is actus rea?
the criminal act
what is mens rea?
criminal intent (associated with actus rea)
what is the insanity defense?
an affirmative defense tactic in which the defendant admits to the act but contests the intent to commit the act
***insanity defense is tethered to specific abilities NOT a diagnosis
what is NGRI?
not guilty by reason of insanity
is the insanity defense used a lot?
no! it is only invoked in less than 1% of cases AND when used, it is only successful 25% of the time.
in fact, successful insanity defense cases are associated with longer incarcerations than cases with guilty verdicts
***invoking the insanity defense does not mean that there are no consequences
what is the wild beast test?
test of insanity used in Rex v. Arnold in which jurors were instructed to acquit the defendant if they found him to be “totally deprived of his understand and memory, and doth not know what he is doing, no more like a brute or a wild beast”
less of a moral failing, more of a cognitive failing (problems with understanding and memory)
what is the m’naghten rule?
a cognitive test in which there is a presumption of sanity UNLESS the defense proves that the defendant had a “defect of reason from a disease of the mind causing a break in reality”
what is the durham standard?
after the m’naghten rule received harsh criticism for being too conservation and vague, the durham standard created a broader criterion which enabled scientific knowledge to inform decision and be flexible to accommodated scientific advancements
the defendant is found not criminally responsible if the act was the product of mental disease. which was accepted by psychologists, but not the courts
what is the ALI standard?
American Law Institute tried to find a middle ground between M’Naghten & Durham
The defendant is not criminally responsible if:
due to a mental disease that isn’t due to intoxication or a repeated criminal activity
defendant lacked substantial capacity
to appreciate the criminality of the actions
to conform conduct to the law
What is US v Hinckley about?
John Hinckley shot & wounded 4 people, including Ronald Reagan
he was schizophrenic, reenacting a scene from Taxi Driver, trying to impress actress Jodie Foster
ALI standard used and it was an NGRI verdict
This case caused public outcry which resulted in the Insanity Defense Reform Act (burden placed on the defense instead of the prosecution)