Forensic Psych Midterm Review PDF

CHAPTER 1: Introduction to Forensic Psychology Definition of forensic psychology Psychologist v. Psychiatrist ◦ psychiatrists are medical doctors (MDs) who specialize in prevention, diagnosis, and treatment ◦ psychologists are mental health professionals that use psych evaluations...

CHAPTER 1: Introduction to Forensic Psychology Definition of forensic psychology Psychologist v. Psychiatrist ◦ psychiatrists are medical doctors (MDs) who specialize in prevention, diagnosis, and treatment ◦ psychologists are mental health professionals that use psych evaluations ‣ cannot prescribe drugs in most states Case Law: ◦ Jenkins v. United States: ruled that psychologists with appropriate training and expertise were qualified to offer expert testimony on questions regarding to mental disorder ◦ prior to this, courts typically required mental health experts to have a medical degree Ethical issues in forensic psychology ◦ prescription authority, bias, confidentiality ◦ psychologists participating in military interrogations, making recommendations in child custody issues, labeling juveniles as psychotic, working with undocumented immigrants ◦ forensic psychologists expected to practice in accordance with the EPPC and Specialty guidelines for Forensic Psychology CHAPTER 2: Police and Public Safety Psychology definition of police and public safety psychology: research and application of psychological principles and clinical skills to law enforcement and public safety Role(s) of police psychologists Four primary domains of practice: ◦ Assessment, Intervention, Operational Support, Organizational/Management consultation 1. Forensic Assessment ◦ pre-employment screening: screen-in and screen-out ◦ psychologists evaluate a person’s psychological suitability for police work prior to being hired ‣ screen- in procedures: intended to identify those attributes that distinguish one job applicant as being potentially a more effective officer than another ‣ screen-out procedures: attempt to eliminate those applicants who appear to be poorly suited for work in law enforcement ◦ FFDE’s, also who is the client in these evaluations? ‣ psychologists evaluate an employed police officer’s ability to perform the job ‣ often occurs after the officer has been through a personally stressful experience ‣ the agency is the client ◦ Police culture: rules, attitudes, beliefs, and practices that are thought to be accepted among law enforcement officers as a group ‣ police psychologists must understand this culture to be successful ‣ helps officers with: coping with stress, dependence on one another ‣ changes of police culture due to recruitment of women and ethnic minorities ◦ Different types of validity: concurrent, predictive, face (content) ‣ Concurrent: degree to which a test or inventory identifies a person’s current performance on the dimensions it measures (an inventory is a self-administered assessment to determine individual traits/characteristics, while a test is in a form designed to measure certain areas of knowledge and abilities) ‣ Predictive: degree to which an inventory or test predicts a person’s subsequent performance on the dimensions it is designed to measure ‣ Face/content: degree to which an inventory or test appears to measure (not what it actually measures) ◦ MMPI-2  ‣ most commonly used instrument in preselection ‣ designed to measure psychopathy or behavioral disorders ‣ range of applications → assess symptoms of social and personal maladjustment, used for clinicians who support the CJS 2. Psychological Intervention ◦ Early intervention system (EIS): design to help employee get help before problems arise ‣ not utilized very much or very popular yet Impact of stress on police officers and first responders ◦ law enforcement = one of the most stressful occupations → high rates of divorce, suicide, alcoholism, etc. ◦ occupational stressors identified by police officers divided into 4 main categories: ‣ Organizational stress- emotional and stressful effects that the policies and practices of the police dept. have on the individual officer ‣ Task-related stress- nature of police work itself (involves dealing with critical incidents: emergencies that are non-routine and unanticipated) ‣ External stress- ongoing frustration with courts, prosecutor’s office, CJS processes, correctional system, the media, public attitudes ‣ Personal stress: involving marital relationships, health problems, addictions, peer group pressures, etc. 3. Operational Responsibilities ◦ Role of police psychologist ‣ Hostage-taking incidents hostage situation- holding victims against their will in return for something barricade situation- individual has fortified themself in a space and threatens violence to others or self ‣ Crisis negotiation– psychologists support in 3 phases: pre-incident duties- psych screening of negotiators, deliver training intra-incident duties- psychologist on premise to monitor negotiations, offer advice on emotions and behavior post-incident duties- provide stress management, debrief, and counseling, services 4. Consulting and Research Activities ◦ Role of police psychologist ◦ Excessive force and how it relates to office profiles ‣ research indicates that police exhibit racial bias in their treatment of minority groups, particularly black people ‣ police use of force is infrequent, typically occurs at lower end of force spectrum (grabbing, pushing, shoving), and typically occurs when suspect is resisting arrest ‣ there are 5 different police officer profiles that are prone to excessive force complaints or charges: 1. officers with personality patterns that reflect a lack of empathy and antisocial/ narcissistic tendencies 2. officers with previous job related experiences such as involvement in justifiable police shootings 3. officers who experienced early career-stage problems having to do with their impressionability, impulsiveness, low tolerance for frustration, need for strong supervision 4. officers with dominant, heavy-handed patrol style 5. officers who had personal problems such as separation, divorce, perceived loss of status ◦ Implicit bias ‣ not unique to law enforcement officers CHAPTER 3: Psychology of Investigations (IP) Role of forensic psychologist in IP and how their work can advance the field ◦ they support investigations through research and practical activities Definition of investigative psychology: a scientific approach designed to improve our understanding of criminal behavior and the investigative process Profiling v. Behavioral Analysis ◦ Profiling: identifying characteristics based on behavioral, cognitive, emotional, or demographics ‣ with crime- only used to describe an unknown person ‣ can be applied to other contexts– for a known person, it is used to chronicle their behavioral patterns, thought features, and emotional characteristics ◦ Behavioral analysis: a more scientific term, holds more weight in court Describe why eyewitness evidence is unreliable ◦ highly susceptible to numerous influences, but also the most influential pieces of evidence admitted into the courtroom ◦ distorting effects of misleading post event misinformation on memory for words, faces, and details ◦ humans continually alter memories of past experiences in light of present experiences to better fit their understanding of events ◦ reconstructive theory of memory: memory recall is subject to distortion by other intervening cognitive functions, such as individual perception, social influences, beliefs, and new knowledge Estimator variables: description and examples ◦ potential sources of eyewitness error that are beyond the control of the CJS ◦ Examples: ‣ identifying the face type of face and attractiveness can influence accuracy same ethnic/racial group easier to recognize investigations may utilize facial composites to assist with memory recall ‣ unconscious transference confusing one person for another usually occurs when one has limited exposure to a face earlier input becomes tangles with later input ‣ own racial bias (ORB) or cross race effect (CRE) people better at discriminating between faces of their own race or ethnic group ‣ disguises ‣ weapon focus- victims concentrate on threatening object while paying less attention to other details ‣ effects of alcohol and drugs System variables: description and examples ◦ variables that influence the accuracy of eyewitness identifications over which the system has control ◦ Examples: ‣ suggestive questioning ‣ media coverage and other witness commentary ‣ cognitive interview: utilizes memory retrieval and communication techniques aimed at increasing the amount of accurate info ‣ lineups/photo spreads simultaneous vs. sequential lineup → forensic psychologists recommend sequential lineup (all individuals in one line seeing them all at once, vs. showing one picture at a time) double blind lineup most beneficial  composition bias: investigators only include one person that fits the description the witness gave commitment bias: when witness initially identifies a face, even an incorrect one, they will likely choose that same face again (because you recognize it) show up lineup: most controversial; legal in U.S.; most occur within hours of crime (drive through community and just point people out) Police interviewing and interrogation: influence on eyewitness testimony ◦ could begin as an interview but transition to an interrogation, OR begin as an interrogation if they believe it’s a suspect ‣ interview: more fact-finding ‣ interrogation: more accusatorial, attempt to elicit confession ◦ accusatorial: seeks to obtain confession (e.g. Reid Method) ◦ information-gathering: seeks to obtain information (more aligned with interview) ◦ 3 main problems: ‣ many people do not understand their constitutional rights ‣ many confess to crimes because they are coerced ‣ some people confess to crimes they have not actually committed False confessions ◦ 3 types: ‣ Voluntary ‣ Coerced-compliant ‣ Coerced-internalized ◦ How can law enforcement overcome false confessions? How do forensic psychologists play a role? ‣ investigative interviewing (vs. interrogation) focuses on gathering info about a crime and avoids confrontational behavior– fewer false confessions PEACE model: developed in the UK (1900s)- more investigative interviewing ◦ fosters a relaxed atomsphere, building rapport, and encouraging cooperative behavior from the interviewee- can lead to more accurate and detailed information retrieval during the interview process CHAPTER 4: Consulting and Testifying specialty court: mental health courts ◦ typically minor crimes committed by individuals with mental disorders ◦ opportunity to avoid jail in lieu of receiving treatment ◦ more research needed, but limited studies have found: ‣ less racial disparity ‣ deifferent charges did not influence rates of recidivism ◦ challenge: requires additional funding Civil v. Criminal courts ◦ forensic psychologists support both ◦ most cases that reach the courts are civil, not criminal Four stages of the judicial process and the role of the forensic psychologist in each stage: 1. Pretrial ◦ initial appearance = court's first contact in criminal cases ◦ within 24 hours ‣ if held in jail, to determine if there is probable cause to hold them ◦ in federal system, prosecutor must obtain an indictment from grand jury ◦ role of forensic psychologist ‣ conduct risk assessment to determine bail options ‣ treating an individual who is deemed incompetent to stand trial  ‣ assessing a juvenile's level of development and ability to be rehabilitated ‣ consulting with attorneys to prepare for a case ‣ reviewing court-ordered psychological evaluations during the discovery process ◦ arraignment: formal charging of criminal defendants ‣ enters their plea ◦ not guilty by reason of insanity plea (NGRI) ‣ forensic psychologist conducts evaluation ‣ evaluations referred to as a criminal responsibilty (CR) or mental state at time of offense (MSO) 2. Trial ◦ role of forensic psychologist ‣ jury selection ‣ assisting lawyer during trial process ‣ expert testimony ◦ Jury selection ‣ Scientific jury selection application of social science techniques in an effort to find a jury that will be favorably disposed toward ones case review relevant research, study makeup of the community, observe behavior of potential jurors ‣ Voir Dire process to select prospective jurors to disqualify them, ensure a non biased jury trial consultant suggests questions, make inferences about their responses, and observe nonverbal behavior peremptory challenge: allows lawyers to request removal without giving a reason (can't be on basis of race or gender) challenge for cause: reason for removing a possible juror is provided ◦ Jury consultations ‣ Witness preparation assist attorneys to prepare witnesses and determine effective strategies for presenting evidence coach witness on how to be persuasive and confident 3. Disposition (sentencing stage) ◦ role of forensic psychologist ‣ evaluate defendant's potential for responding favorably to treatment ‣ assess for risk of violent behavior ◦ juvenile courts ‣ civil proceedings ‣ offer opinions on rehabilitative strategies ◦ presentence investigation (PSI) report 4. Appeals ◦ losing party has a variety of options to appeal ◦ double jeopardy- prosecutors cannot appeal a non-guilty verdict as it would violate the constitution, but can appeal certain aspects ◦ role of forensic psychologist ‣ not a common area for engagement ‣ legal psychologists research how jurors select awards and the factors that may lead to excessive awards ‣ can assist lawyers in preparing their appeals ‣ their own role could be the subject of appeal ‣ Amicus Curiae Briefs: different organizations can file support/weigh in on a specific case Expert testimony  ◦ role of forensic psychologist and clinical psychologist ‣ forensic psychologist- help judge or jury in making decisions about matters beyond the knowledge of a typical layperson ‣ clinical psychologist- testify about results of evaluations they've conducted ◦ Confidentiality: is it absolute? Who is the client? ‣ not absolute ‣ if person being assessed is not the client- the psychologist does not owe confidentiality to that person (but must make this known to the person being interviewed because of informed consent) Ultimate opinion- final question to decide by the court ◦ assessment by clinical psychologists Case law: ◦ Frye v. United States (1923)- the general acceptance rule ‣ defendant appealed 2nd degree murder charge- appealed the main evidence against him was inaccurate ‣ the scientific community acts as the "gatekeeper" ‣ scientific evidence needs to be accepted by the scientific community --> "general acceptance" ‣ Pro: prevents unreliable evidence from being used in court ‣ Con: doesn't allow new scientific tools to be used as evidence as new tools often not "generally accepted" ◦ Daubert v. Merrill Dow Pharmaceuticals (1993)- the Daubert standard ‣ parents alleged their children's birth defects from from an anti-nausea pill, parents presented evidence from 8 studies-- judge determined studies were not scientific ‣ the judge acts as the "gatekeeper" ‣ 5 factors 1. theory has been subject to peer-review process 2. know rate of error 3. theory can be tested for reliability 4. maintenance of standards/controls 5. has the theory been generally accepted in scientific community ‣ Pros: scientific-evidence to support the expert testimony, more flexible and allows different types of evidence to be presented in court ‣ Cons: research shows standard is too strict and throws out expert testimony more than Frye, all 5 requirements need to be met, significant time sink during pretrial Risk Assessment ◦ Describe role of forensic psychologist ‣ one of most common tasks performed by forensic psychologists ‣ trained psychologist or other mental health professional administers it ◦ violent risk assessment: probabilities of engaging in violence (dangerousness to self or others) ◦ can be conducted at several stages throughout the judicial process ◦ Dynamic and static risk factors ‣ Dynamic factors change over time substance use, health ‣ Static factors cannot be changed criminal history, onset of diagnosis, impairments ‣ Stable dynamic factors are changeable, slowly over time friend groups, political beliefs ‣ Acute dynamic factors are psychological characteristics which rapidly change mood swings, anger, effects of drugs) ◦ different instruments: NaBITA SIVRA, WAVR-21 CHAPTER 5: Consulting with Criminal Courts FHMA = Forensic mental health assessment ◦ they are common because: ‣ questions surrounding a defendant's competency can arise at different stages of the CJ process ‣ defendants are reevaluated over a period of time due to reoffending order: 1. competency evaluation, 2. incompetent (or not), 3. hospitalized (or not), 4. charges dropped (found guilty), 5. probation (or jail) ◦ mental health courts help break this cycle ‣ defense attorneys, prosecutors, and judges can question competency ‣ advancements in the field of psychology role of forensic psychologist ◦ most common role performed by psychologists and psychiatrists Three types of FMHAs: 1. Competency to stand trial (CST) ("fitness to stand trial" or "fitness to proceed") ◦ term being replaced with "adjudicative competency" because it does not refer to one point in time ‣ CST- focuses only on the competency to stand trial (moment in time) ‣ adjudicative competency- encompasses competency to participate in a variety of legal decisions (e.g. enter plea, waive rights to an attorney) ◦ evaluation by forensic psychologist occur in jail, hospital, or outpatient ◦ approx. 20% of defendants are found incompetent ‣ no clear standard for making determination, jurisdictions differ ◦ Dusky v. United States (1960): standard for competency to stand trial announced by the S.C. case ‣ 2 aspects: ‣ rational understanding of the proceedings ‣ ability to consult with their lawyer to assist with their defense ◦ defendants are referred for a competency evaluation due to: ‣ past history of mental disorder ‣ currently presenting signs of a mental disorder ‣ intellectual disability, emotional stress, age (not able to restore competency) ◦ How does a forensic psychologist evaluate adjudicative competency? ‣ several instruments: Competency Screening Test (CST) MacArthur Competence Assessment Tool-Treatment Evaluation of Competency to Stand Trial– Revised (ECST-R) Interdisciplinary Fitness Interview– Revised ‣ instruments do not tell the full story they are not widely used- little scientific evidence on reliability & validity ‣ also requires reviewing past records ◦ Who is the client during a competency evaluation? ‣ when the defense attorney requests and pays- defendant is the client ‣ when it is court ordered- the court is the client (even if ordered at request of defense) ◦ Malingering: when the individual is faking it so they are deemed not competent to stand trial ‣ structured interview of reported symptoms (ESCT-R)- validated for detecting malingering ◦ How is competency restored? ‣ hospitalization and psychotropic medication ‣ intellectual disabilities in individuals- not able to restore competence ‣ defendants who can be restored to competency can be found guilty and not guilty  ◦ Case law: ‣ Jackson v. Indiana (1972)- placed limit on confinement of those IST can't be held indefinitely if competency can't be restored 2. Criminal responsibility (CR) (insanity evaluation or assessment of mental state at time of offense) ◦ Definition of insanity ‣ when a mental disorder robs an individual of a guilty mind (mens rea) excuses criminal conduct, but does not justify it (vs. self defense, for example, which does justify the behavior) ‣ a not-guilty plea in which insanity is used as the defense ‣ sanity refers to mental state at the time of the crime ◦ Insanity standards ‣ all tests require a documented mental disorder ‣ initial question: knowledge between right and wrong, and awareness of doing wrong ‣ Right/Wrong Test- did the person know the difference between right and wrong? bipolar depression ‣ Right/Wrong Test with Violin Prong- if the person knew the difference, were they able to appreciate the criminality of their actions? bipolar depression with psychosis ◦ Compare and contrast sanity (competence) v. Insanity ◦ How does a forensic psychology assess criminal responsibility? What sources of information do they use in making their determination? ‣ retrospective- must understand the defendant's state of mind at the time the crime was committed ‣ several instruments (should be used to guide, not the sole determinant) Rogers Criminal Responsibility Assessment Scales (R-CRAS) Mental State at the Time of the Offense Screening Evaluation (MSE) ◦ Case law: ‣ Riggins v. Nevada (1992)- SC ruled defendants using the insanity defense have a right to be seen by a judge or jury in their natural, non medicated state medication is often used to restore competency issues could arise by taking a defendant off medication- may no longer be competent, delays process ◦ Treatment of defendants found NGRI ‣ hospitalization ‣ civil commitment: involuntary in-patient of an individual for treatment (not automatic in NGRI cases) ‣ forensic psychologist help decide when release may be appropriate ‣ conditional release 3. Pre-sentencing evaluations ◦ assess the offender's competency to be sentenced ◦ What does a pre-sentencing evaluation focus on? ‣ treatment needs, offender's culpability, or future dangerousness ◦ Case law: ‣ Akins v. Virginia (2002)- death sentence cannot be imposed on convicted felons suffering from: 1. severe mental illness, and 2. severe intellectual disability CHAPTER 7: Development of Delinquent and Criminal Behavior definitions of juvenile delinquency ◦ broad definition: behavior against criminal code committed by non adults ◦ social definition: youthful behavior considered inappropriate, but not all are technically crimes  ‣ Examples: petty theft, vandalism, truancy, substance abuse ◦ legal definition: behavior committed against criminal code and adjudicated delinquent by an appropriate court Conduct disorder (CD), antisocial personality disorder, and antisocial behavior - definition and describe their influence on juvenile delinquency ◦ Conduct disorder: diagnostic designation used to represent a group of behaviors characterized by habitual misbehavior ◦ Antisocial behavior: serious, habitual misbehavior, in which actions are directly harmful to the well-being of others ◦ Antisocial personality disorder: psychiatric diagnosis for adults who displayed CD as children or adolescents and continued into adulthood, at least 18 years old Juvenile status offenses: prohibited behavior only for juveniles ◦ Examples: running away, truancy, violating curfew Three executive functions (EF) and influence on delinquency: ‣ Working memory: holding information in mind and mentally working on it Example: receiving directions then walking to the location ‣ Inhibitory control (self-control, self-regulation): resisting temptation, not acting impulsive, ability to follow rules and keep destructive emotions in check Example: punching a friend in the face during an argument ‣ Cognitive flexibility: changing perspectives, adjusting to new demands, rules, and restrictions Example: sorting a deck of cards from color of object to type of object ◦ people with executive deficits less able to override maladaptive response inclinations in order to maintain more appropriate and personally beneficial behavior Moffitt Developmental Theory ◦ delinquency could be best understood if we viewed it as progressing along 2 developmental paths: ‣ 1. Life course persistent offenders (LCPs): delinquency begins in early childhood, continues into a lifetime career of offending ‣ 2. Adolescent limited offenders (ALs): delinquency occurring only in adolescents, stop offending around age 18 Steinbergs Dual-System development model: a theoretical model that offers neurological explanation for Moffitt's ALs ◦ focus on the maturation of 2 different realms: ‣ 1. socioemotional network: influence of peers and emotional arousal, remodeled by hormonal changes in puberty ‣ 2. cogntitive network: reasoning ability (represents the 3 executive functions) ◦ brain develops rapidly during adolescence, but these 2 realms develop on different timetables ◦ socioemotional networks hampers the cognitive network leading to risk taking and criminal behavior during adolescence Externalizing and internalizing behavior ◦ Externalizing: maladaptive behaviors directed at the environment ‣ examples: acting out, hostility, antisocial behavior, aggression ◦ Internalizing: maladaptive behaviors directed at the self ‣ examples: anxiety, suicidal thoughts, low self-confidence Four prominent disruptive behaviors ◦ 1. Hyperactive-impulsive attention problems (ADHD): chronical neurological condition characterized by developmentally poor attention, impulsivity, and hyperactivity, now viewed as deficiency in interpersonal skills ‣ more susceptible to engaging in criminal behavior ‣ 3 central behaviors: excessive motor activity, impulsivity, inattention ◦ 2. Conduct problems (externalizing problems): cluster of maladaptive behaviors characterized  by a variety of antisocial behaviors ◦ 3. Cognitive ability & crime: importance of cognitive and mental processes in undertaking the development of antisocial behavior and violence ◦ 4. Social development influences ‣ peer rejection = one of the strongest predictors of engaging in persistent, serious offending, like violence ‣ children who are liked and accepted by peer group from a young age = less likely to engage in antisocial behaviors Psychopath v. Sociopath ◦ Pyschopath: demonstrates cluster of features that distinguish them from the general population, reduced capacity for emotional experience ‣ Criminal psychopath: reserved for psychopaths who engage in persistent antisocial behavior (not ALL psychopaths engage in criminal behavior though) ◦ Sociopath: someone who commits repeated crime ‣ unlike psychopaths, have a sense of morality, show empathy for others, have well- developed conscience Offending behaviors of psychopaths ◦ persistent, serious offending and engage in violent behavior, mainly directed towards women who are strangers ◦ may engage in these behaviors as form of revenge or retribution, or after drinking ◦ very few psychopaths are serial killers ◦ high recidivism Psychopathy Checklist-Revised (PCL-R) = "gold standard" ◦ Serves as a rough screen for psychopathic features ◦ Assesses emotional, interpersonal, behavioral, and social deviance from various sources: ‣ Self-reports, behavioral observations, collateral sources (parents, friends, etc.) Four core factors of psychopathy ◦ Interpersonal– arrogant, deceitful, take advantage of others, manipulative ‣ holds most influence on diagnosis ◦ Impulsive– irresponsible, unreliable ◦ Affective– unemotional, remorseless, callous, lack of empathy ◦ Antisocial– wide array of antisocial behavior, poor self-regulation Treatment and rehabilitation of psychopaths ◦ limited research focusing on prevalence in females and juveniles ◦ no known treatment, newer research shows some hope ◦ needs to be uniquely tailored to diagnosed individuals