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Forensic Psychology Study Guide
Forensic Psychology Study Guide
Forensic Psychology Study Guide
FORENSIC PSYCHOLOGY
STUDY GUIDE
SPRING 2019
TABLE OF CONTENTS
L9: Rape................................................................................................................................................................................................... 48
• Jury Selection
• Consultation with Lawyers
• Expert Witness
• Competency Assessment
• Insanity Assessment
• Lethality Assessment
• Custody Assessment
• Researcher
• Law Enforcement Screening
• Within the legal context, concepts such as:
• Psychopathy
• Insanity
• Risk assessment
• Personal injury
• Civil commitment
• … are of focus when psychological assessments are done by
clinical psychologists.
Only about 10% of forensic • In Prisons
psychologists and psychiatrists • Work closely with inmates, probationers, and parolees.
have ever engaged in criminal
profiling and only about • Administer psychological assessments, interpret results, and
17% even believed it was a prepare comprehensive results.
scientifically reliable practice • MMPI, Suicide, Lethality, Cognitive Assessments.
(Torres, Boccaccini, & Miller, • Develop, organize, and administer individual and group therapy.
2006).
• Alcohol and Other Drugs, Sex Offender Treatment, Anger
• “The rule of law is threatened when the science used by the courts
is biased, arbitrary or otherwise unreliable. A decision using flawed
science is likely to produce an unjust result. Whether one is a forensic
psychologist or a lawyer, any failure to insure that psychological
testimony provided is ethically produced and ethically explained,
harms the entire justice system.”
Cons:
• In the United States, the Federal Rule of Evidence 702 provides the
guideline for trial judges.
• This rule came about due to Daubert v. Merrell Dow
Pharmaceuticals, in which the plaintiffs were claiming that their
defects were caused by the drug the defendant gave out to
their mothers during pregnancy. Both sides had valid evidence
against one another until it was revealed that the plaintiffs
evidence was not accepted to the general scientific community
due, therefore the defendants won.
• The Federal Rule of Evidence 702 mandated the standard for
admitting expert testimony in federal courts:
• Whether the theory is generally accepted in the scientific
community;
• Whether the theory/method has been subjected to peer
review and publication;
• Whether the theory/method has been tested or can be
tested;
• Whether the potential or known rate of error is acceptable.
Psychopathic Statistics
DSM-5 Criteria
Correlates of Psychopathy
Causes of Psychopathy
• Antisocial Personality Disorder is a result of a genetic predisposition
in that the individual is born without conscience.
• Do not exhibit global neuropsychological deficits (Hart, Forth, &
Hare,1990).
• Hart et al. (1990) administered a standard screening battery of
neuropsychological tests in two samples of participants divided
into low, medium, and high psychopathy. Results revealed no
differences across the three groups.
• Failure to identify differences using neuropsychological batteries
does not give definitive proof that there are no differences, but it
does tend to suggest differences may be functional rather than
structural (Hare, 2001).
• Structural biological differences – differences in the size and
shape of the brain structure.
• Functional differences – differences in how these structures of
the brain interact or function with one another.
• As a result of the possibility of functional differences, researchers
have continued to search for an underlying neurobiological basis
for the emotional and cognitive deficits of the psychopath.
• Single photon emission computed tomography (SPECT) test to
study the blood flow in the brains of psychopaths, while presenting
participants with emotional and neutral words.
• The study revealed that the brains, specifically the cerebral cortexes,
of psychopaths are less active and that activation is largely confined
to the occipital cortex.
• This finding suggests that psychopaths are processing the
information visually (using the occipital lobe) but that they may not
be doing much more with it.
Theories of Psychopathy
1. Explain what is meant by eye • A legal term that refers to an account given by people of an event
witness testimony and its they have witnessed.
potential advantages. • For example they may be required to give a description at a trial
2. Discuss person based of a robbery or a road accident someone has seen.
characteristics which • This includes identification of perpetrators, details of the crime
increase the persuasiveness scene etc.
of eyewitnesses/eye witness • Testimonial evidence includes oral or written statements given to
testimony (Video). police as well as testimony in court by people who witnessed an
3. Evaluate the extent to which event.
person and environment • People are likely to view the same scene in different ways depending
based characteristics can bias/ on their positions, line of sight, familiarity with the area, and other
produce errors when providing factors that can interfere with a person’s ability to remember details.
eye witness testimony (see page
229 in Wrightsman for summary The Pros of Eyewitness Testimony
chart).
4. Apply theories of attention • It can be used as evidence in court.
in order to understand • A witness’s report of what occurred on that fateful day can prove
how individuals processes that the crime was really committed.
information from their external • It can provide support of the case filed in court, i.e., identifying
environment. any weapons used, offering additional information that will help
5. Discuss the processes identify the perpetrator.
underpinning our ability to • It sheds light into the sequence of the events that took place while
recognize faces. the crime was committed.
6. Identify and explain methods • An eyewitness testimony is solely based on their memory
used to improve eye witness of events that took place. This serves as evidence of a crime
testimony. committed or as a way of determining who may have been
7. Evaluate evidence regarding responsible for the incident.
the extent to which judges • It aids the jury and lawyers to better understand everything
permit psychologists to provide about a case.
evidence about the accuracy
of eyewitness testimony in the • It can influence jury decision.
court of law (see page 226 in • By having credible witnesses under oath, the jury will be able to
Wrightsman). determine whether the defendant is guilty of the crime he or
she is being accused of.
• It is generally reliable.
• If eyewitness testimony is obtained immediately after the crime,
as the witness’ memory is still fresh, then the details that are
inveighed from one person to another can be generally reliable.
Theoretical Considerations
Facial Composites
Insanity
Components of a Report • The use of the insanity defense requires that a defendant admit to
committing the crime.
1. Psychiatric history.
Rationale for Insanity Defense
2. Current mental status.
• The insanity defense is a legal defense that results in the removal of
3. Formal mental status exam. legal responsibility.
4. Any current psychotropic • Insanity is viewed as a legal compromise to a moral dilemma
medication. because society believes it is inappropriate for people who do not
5. Psychological testing. know what they are doing or who cannot control their behavior to
6. Mental health records. be punished.
11. Collateral description of the • Public outcry and a reconsideration of the insanity defense is
offense. a common result throughout history when a high-profile case
ends in an insanity verdict.
• Foundational Competence
• The ability to understand the basic elements of the adversary
system (prosecutor, judge, jury).
• The ability to inform their attorney of information relevant to
the case.
• The ability to understand their situation as a criminal defendant.
• Decisional Competence
• The ability to understand information relevant to the decisions
they must make (pleading guilty, waiving a jury trial).
• The ability to think rationally about alternatives involved in the
decisions.
• The ability to appreciate decisions that need to be made in their
best interest.
• The ability to make a choice among the available defense
strategies.
Tests Used to Evaluate Competence
• Competency Screening Test (CST)
• 22 item sentence completion test.
Utility
Theoretical Underpinnings
Types of Abuse
Risk Factors
• Persons with certain risk factors more likely to become perpetrators
or victims.
• Risk factors contribute to domestic violence but might not be direct
causes.
• Not everyone “at risk” becomes involved in violence.
• Combination of individual, relational, community, and societal
factors contribute to risk of becoming domestic violence victim or
perpetrator.
• Community Risk Factors:
• Poverty and associated factors (e.g. overcrowding, high
unemployment rates).
• Low social capital.
• Poor neighborhood support and cohesion.
• Weak community sanctions against domestic violence.
• High alcohol outlet density.
• Societal Risk Factors:
• Traditional gender norms.
• Gender inequality.
• Cultural norms that support aggression towards others.
• Societal income equality.
• Weak health, educational, economic, and social policies/laws.
• Psychological Effects
• Post Traumatic Stress Disorder (PTSD) – includes flashbacks,
nightmares, severe anxiety, uncontrollable thoughts.
• Depression, including prolonged sadness.
• Low self-esteem
• Suicidal thoughts
• Social
•
Effects
Restricted access to service
• Strained relationships with health providers and employers
• Isolation from social networks
• Homelessness
• Psychological condition.
• Describes pattern of behavior that develops in victims.
• Result of serious, long-term abuse.
• Dangerous because it can lead to “learned helplessness” – victim
becomes so depressed, defeated and passive she believes she
cannot leave.
• BWS recognized by many courts.
• As cycle of abuse continues, woman believes it is her fault.
• Becomes convinced of helplessness, abuse cannot be escaped,
unless drastic measures used.
Characteristics of BWS
• Advocacy Interventions
• Inform, guide and help victims access range of services and
supports; ensure rights and entitlements are achieved.
• May improve women’s access to community resources, reduce
rates of domestic violence, improve safety, reduce depression
and stressors, improve parenting stress and well-being.
• Skill Building
• Teaching, training, experimental or group learning
• Has positive effects on victim’s coping, well-being, decision-
making abilities, safety and reduction of coercive and violent
behavior.
• Focus on building skills such as:
• Coping skills
• Safety planning
• Conflict resolution
• Decision making
• Danger assessment
• Economic education
• Sleep training
• Counseling
• Interventions based on brief educational, cognitive-behavioral
and motivational interviewing approaches.
• May improve
• PTSD symptoms
• Depression
• Anxiety
• Self-esteem
• Therapeutic
• More intensive treatments than counseling, such as group
therapy.
• May be effective in improving:
• Various PTSD symptoms
• Depression
• Trauma symptoms
• Psychological and social outcomes
• Parenting/family related outcomes
• May reduce likelihood of future domestic violence or re-
abuse
• Individual Interventions
• Types of individual interventions include:
• Case management
• Solution focused therapy
• Educational interventions
• Motivational interviewing
• May improve:
• Aggressive feelings toward partner
• Attitudinal change
• Understandings of violence and accountability
•
this lecture students will be able to:
• Any person who has had sexual intercourse with another person
1. Define rape and explore without the consent of the other person and who knows that the
statistics. other person does not consent to the intercourse or is reckless as to
whether the other person consents to the intercourse.
2. Examine the various types of
rapists. Statistics
3. Discuss theories of rape. female :
• One in five women will be raped at some point in their lives.
4. Outline the effects of rape on
victims the role of forensic • 91% of rape victims are female.
psychologists. • 9.4% of women are raped by intimate partner.
• 81% of women with long and short-term effects after rape.
Male :
• One in 71 men will be raped at some point in their lives.
• 9% of rape victims that are male.
• 2.2% of men are made to penetrate intimate partner.
• 35% of men with long- and short-term effects after rape.
• Relationship to the Offender
• 24.4% - strangers.
• 21.9% - husbands or ex-husbands.
• 19.5% - boyfriends or ex-boyfriends.
• 9.8% - relatives.
• Rape is not about sex; Rape is about anger, control and violence.
• Sex is the weapon.
• Not all rapists alike. Important to understand reasoning behind
their actions.
• Differences in motives, characteristics and techniques.
• Evaluate theories about sexual • Does not need to include physical contact.
offending. • Forms of Child Sexual abuse
• Exhibitionism, or exposing oneself to a minor.
• Fondling.
• Intercourse.
• Masturbation in the presence of a minor or forcing the minor
to masturbate.
• Obscene phone calls, text messages, or digital interaction.
• Producing, owning, or sharing pornographic images or
movies of children.
• Sex of any kind with a minor, including vaginal, oral, or anal.
• Sex trafficking
• Any other sexual conduct that is harmful to a child’s mental,
emotional, or physical welfare.
• Pedophile - an adult who has recurrent and intense sexually
arousing fantasies, sexual urges, or behaviors involving sexual
activity with a prepubescent child or children—generally age 13
years or younger—over a period of at least six months.
• DSM-V criteria
A • An individual who has had arousing fantasies about, urges
for, or behaviors with a prepubescent child or children.
B • The individual has acted out these sexual desires, or is
experiencing significant distress or difficulty as a result of
these desires.
C• The Individual is 16 years of age, and at least five years older
than the child or children noted in Criterion A.
• Pedophile prefers sex with children. Strategies Against Child Sexual abuse
• Someone who prefers to have sex with adults
may, for a number of reasons, decide to have sex • Megan’s law
with a child. Such reasons might include simple • Named after Megan Kanka, who was
availability, curiosity, or a desire to hurt a loved kidnapped, sexually assaulted and murdered.
one of the molested child. The sexual fantasies • After murder, Kansas sought to have
of such individuals do not necessarily focus on communities warned about sex offenders in
children, and these people are not pedophiles. their area.
Child molesters • Law designed to provide information and
notification to communities.
• Fixated offenders • Nature of notification varies state to state.
• Prefers children for sexual partners and • Every state attempts to keep track of residence
identifies closely with them. of sex offenders.
• Developmentally fixated with sexual interest
in children rather than adults. • Barbados National Action Plan Against Child
Abuse
• Generally single and stranger victims.
• Developed in response to findings of Study on
• Regressed Offenders Child Abuse in the Eastern Caribbean.
• Prefers sexual partners the same age, but due • Collaboration with Child Care Board.
to precipitating stress substitutes child for • Also involved other stakeholders.
troubled adult relationship.
• Sexually mature males who return to earlier • Framework
level of development. • Public advocacy and education.
• Generally married and known to victims. • Legislation that discourages abuse,
- protects
children and penalizes perpetrators.
s
sexual abuse as has physical proximity and
All the factors known to contribute to child sexual
opportunity.
abuse are grouped into four pre-conditions. These
are: • External inhibitors are easily overcome if
the potential abuser is left alone with an
1. Motivation - the potential abuser needs to have
unsupervised child.
some motivation to sexually abuse. Finkelhor
argues that there are three fundamental 4. Resistance - finally, the potential abuser has to
components subsumed under the motivation to overcome the child’s possible resistance to being
sexually abuse children: sexually abused.
• Emotional Congruence - sexual contact with a • This capacity to resist may operate in a very
child satisfies profound emotional needs. subtle covert way and does not necessarily
• Sexual Arousal - the child represents the involve overt protestations. Abusers may
source of sexual gratification for the abuser. sense which children are good potential
targets, who can be intimidated or co-coerced
• Blockage - when alternative sources of sexual
to keep a secret or otherwise manipulated.
gratification are either not available or are less
satisfactory. • Abusers report that they can almost
• These components are not actual pre- instinctively pick out a vulnerable child on
conditions and not all three need to be whom to focus their sexual attentions while
present for sexual abuse to occur. The three ignoring those who might resist.
components do explain not only the instances • Frequently, these children may even be
of abusers who are not sexually motivated unaware that they are being sexually
but enjoy degrading victims and welding approached and have little or no capacity to
power but also the pedophile and the sexually resist.
motivated abuser.
• Some of the risk factor that inhibit the capacity
2. Internal inhibitions - the potential abuser must to resist include emotional insecurity and
overcome internal inhibitions that may act against deprivation etc.
his motivation to sexually abuse.
• Many children may be forced or co-coerced
• No matter how strong the sexual interest in despite displaying resistance and avoidance
children might be, if the abuser is inhibited by behaviors. Some instances of abuse are the
taboos then he will not abuse. Arguably, most result of force, threat or violence and no
people have some inhibitions against the matter how much resistance the child displays
sexual abuse of children.
Purpose
=
scientific study of VRA has roots in legal decisions and empirical
studies during mid60s and late 70s.
• Baxstrom v Herold, a 1966 decision of US Supreme Court found
that existing process of confining so-called mentally disordered
dangerous offenders after they have completed their sentence was
unconstitutional.
• Hundreds of them, who had been declared to be “dangerous” were
released from confinement or transferred to less secure institutions.
• The sociologist Henry J. Steadman took advantage of the opportunity
to study the fate of these persons and reported that there were very
few who subsequently committed new violent offenses, suggesting
that the accuracy of the determinations of dangerousness was low.
Approaches
3. Identify and describe the different 2. Whether the theory/method has been
insanity defenses. subjected to peer review and publication;
1. M’Naghten Rule (1843) - a defendant 3. Whether the theory/method has been
is deemed to be legally insane if he or tested or can be tested;
she was unaware of what he or she was 4. Whether the potential or known rate of
doing when the offense was committed error is acceptable.
or, even if the defendant knew what he
or she was doing, that defendant was • 1921 - psychologist allowed to testify as an
incapable of understanding that what expert witness in State v. Driver.
they were doing was wrong.
• 1940 - People v. Hawthorne, set the U.S.
2. The “Irresistible Impulse” Test (1887) precedent for psychologist testifying as
- In some cases, however, a defendant an expert witness on competence and
may know that his or her actions were criminal responsibility. This case overruled
wrong, but committed them because an earlier lower courts decision to disallow
of an “irresistible impulse.” Essentially, a psychologist testimony.
the test allows for a defendant to be
• 1962 - in Jenkins v. United States, an appeals
found not guilty by reason of insanity
court in the District of Columbia ruled that
if his or her mental illness meant that,
psychological testimony could be admitted
although recognizing the wrongness of
to determine criminal responsibility.
the offense, he or she was compelled to
commit the offense anyway.