Forensic Psychology and Neuropsychology for Criminal and Civil Cases

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Preface
Acknowledgments
Editors
Contributors
Editors’ Commentary and Disclaimer Statement
Part I Foundational Issues
	Chapter 1 Criminal- and Civil-Forensic Factors in a Methamphetamine Murder Case
		Introduction and Forensic Case
		Ethics
		Legal Cases and Issues
		Utilizing the Empirical Literature
		The Expert’s Decision Path
		Summary
		Bibliography
	Chapter 2 Detecting Malingering and Deception in Forensic Evaluations
		Introduction
		Applied Ethics and Moral Considerations
		Empirically Based Methods and Applications
		An Applied Model of Deception Analysis
			Targets
			Response Styles
		Detection Strategies
			Lack of Neurological Fit
			Retesting or Comparison Strategies
			Inconsistencies in Test Performance
			Departures from Expected Accuracy
		Process Guidelines for the Forensic Evaluator
		Before the Evaluation
		During the Evaluation
		After the Evaluation
		Integrating Deception into the Examiner’s Decision Path
			Step 1: Adequate Forensic Database
			Step 2: Analysis of Distortion and Deception
			Step 3: Defendant Reconstruction of the Instant Offense
			Step 4: Analysis of Historical Versus Crime Behavior
			Step 5: Mental Diagnosis
			Step 6: Analysis of Self-Regulation
			Step 7: Proffering Conclusions
		Response Styles
		Avoiding Evaluation and Consultation Errors
		Summary
		Bibliography
	Chapter 3 Forensic Interviewing: A Synthesis of Verbal and Nonverbal Communication and the Role of Interrogation
		Introduction
		The Forensic Interview and Mental Health Services
		Early Forensic Interviewing Efforts
		Traditional Nonverbal Leakage Analysis
		Early Nonverbal Communication Research Findings
		The Forensic Interview and Nonverbal Communication
		Nonverbal Behavior and Early Neuroimaging Studies
		Specific Considerations with Forensic Interviewing
		Forensic Interviewing and Interrogation
		Interrogation and Interview Dynamics
		Forensic Interviewing Guidelines
		Summary
		References
	Chapter 4 Clinical-Forensic Aspects of Substance Abuse
		Introduction
		Base Rate and Prevalence Data
		The Target Problem
		Deception Response Patterns
		FDA-5 Detection Strategies
		The Legal Perspective
		Detection Methods
			Substance Abuse Screening Tools
			Structured Interview Formats
			Standardized Psychological Test Applications
			Substance Abuse Prevention and Treatment
			Substance Abuse, Deception, and the Promise of Neuroimaging
		Notes
		Bibliography
	Chapter 5 Violence in the Family: Including Lethal Outcome
		Introduction
		History of the Study of Family Violence
			Prevalence Data
			Pertinent Legal Cases
		Applied Ethical and Moral Considerations
		Spousal Violence Risk Assessment
			Spousal Physical Abuse
			Spousal Sexual Abuse
		Domestic Physical Abuse of Child/Adolescent Family Members
		Domestic Sexual Abuse of Child/Adolescent Family Members
		Domestic Abuse of Elderly Family Members
		Basic Points of Consideration in Clinical-Forensic Assessment of Family Violence Risk
		Avoiding Evaluation and Consultation Errors
			Treatment Considerations
		Writing Forensic Reports and Acting as an Expert Witness
		Novel Applications of Forensic Evidence and Knowledge
		Bibliography
	Chapter 6 Psychoses and Hallucinations from a Forensic Perspective
		Introduction
		Behavior Targets
		Response Styles
		Detection Methods
		Complex Behavior and Hallucinations
		Potential Indicators of Faked Hallucinations
		Psychological and Neuropsychological Instruments
		Neuroimaging and Hallucinations
		Notes
		Bibliography
Part II Criminal-Forensic Evaluation and Consultation
	Chapter 7 The Legal, Ethical, and Applied Aspects of Capital Mitigation Evaluations: Practice Guidance from a Principles-Based Approach
		Introduction
		An Overview of Death Penalty Jurisprudence
			Intellectual Disability and the Death Penalty
		Ethical Dilemmas Facing Psychological Assessors
			The Ethical Context for Death Penalty Assessments
			Do No Harm
			Boundaries of Competence
			Informed Consent
			Psychometric Considerations
			Cultural Fairness in Psychological Testing
			Performance Validity
			Ethical Concerns Posed by Atkins-Type Evaluations
				Variability of IQ Scores
				Test-Retest Effects
				Adaptive Functioning
		Practice Issues and Challenges: Guidance from a Principles-Based Approach
			The Distinction between Forensic and Therapeutic Assessment
			A Principles-Based Approach to Capital Litigation Evaluations
				General Considerations
				Preparation
				Data Collection
				Data Interpretation
				Written Communication
				Testimony
		Conclusion
		Note
		Bibliography
	Chapter 8 Assessment of Competence to Proceed in the Criminal Process
		Introduction
		Legal Framework
			Common Law Conceptions
			Constitutional Contours
			The Legal Process
			Disposition of Defendants Adjudicated Incompetent to Proceed
		The Clinical Forensic Evaluation of Competence to Proceed
			Gather Relevant Third-Party Information
			Notification
			Relevant History
			Assessment of Competence to Proceed
			Assessment of Current Mental State
			Accessing Additional Collateral Data
		Special Issues in Competence Assessment
			Utility of Diagnosis
			Inquiring about the Defendant’s Behavior at and around the Time of the Alleged Offense(s)
			Utility of Psychological Testing in Competence Evaluations
			Ultimate Issue Issues
		Report Writing
		Summary
		Note
		Bibliography
	Chapter 9 Intellectual Disability and the Criminal Justice System: Forensic Issues
		Definition of Intellectual Disability
			Intellectual Functioning
			Adaptive Functioning
			Developmental Condition
		Psychiatric Comorbidity/Dual Diagnoses
		Characteristics of Offenders with Intellectual Disability
		Types of Crimes Committed by Individuals with Intellectual Disability
		Specific Issues, Competence, and Criminal Responsibility
			Competence to Confess
			Competence to Stand Trial or to Proceed
			Competence to Enter a Plea
			Capital Punishment
			Criminal Responsibility
		Writing Forensic Reports and Acting as an Expert Witness
			The Written Report
			Expert Testimony
		Best Practices and Ethical Considerations
		Dispositional and Treatment Considerations
		Future Implications
		Bibliography
	Chapter 10 Violence Prediction and Risk Analysis
		Introduction
		Pertinent Legal Cases
		Contemporary Empirically Based Tests of Violence Risk
			Psychopathy Checklist-Revised (PCL-R), 2nd Edition
			Violence Risk Appraisal Guide – Revised and the Sex-Offender Risk Appraisal Guide – Revised
			Rapid Risk Assessment for Sexual Offense Recidivism (RRASOR), Static-99R, and Static-2002R
			Spousal Assault Risk Assessment Guide, Version 3 (SARA-V3)
			Sexual, Violence, Risk (SVR-20)
			Historical, Clinical, Risk Management (HCR-20)
			Level of Service Inventory-Revised (LSI-R)
			Basic Points to Consider in Violence Risk Analysis
			Treatment Considerations
				Writing Forensic Reports and Testifying as an Expert
		Bibliography
	Chapter 11 Post-Traumatic Stress Disorder
		History and Background
		PTSD Predictors
			Detection of Falsified PTSD
			Treatment Approaches with PTSD
			PTSD and Cortical Functioning
		Summary
		Bibliography
	Chapter 12 The Juvenile Sex Offender
		Introduction
		Case History
		Topic History
		Demographics
		Pertinent Legal Cases
		Aspiring toward Empirically Based Methods and Applications2
		Diagnostic Assessment
		Risk Assessment
		Basic Points to Consider in Clinical/Forensic Assessment
		Avoiding Evaluation and Consultation Errors
		Treatment Considerations
		Writing Forensic Reports and Acting as an Expert Witness
		JSO and Prospect
		Notes
		Bibliography
	Chapter 13 Reformulation of Criminal Profiling of Serial Rape-Murderers and Bombers
		Criminal Profiling from a Traditional Perspective
		The Ubiquity and Utility of Criminal Profiling
		Profiling Serial Rape-Murderers: Assumptions and Characteristics
		Developmental Traits
		Assault Cycle in Organized Serial-Rape Murder
		Profiling Serial Bombers
		Reformulation and Recommendations
		Bibliography
Part III Civil-Forensic Evaluation and Consultation
	Chapter 14 Tort and Eligibility Claims in Civil-Forensic Evaluation
		Introduction
		Tort Claims Expanded
		Liability for Diagnosing Malingering
		The Bias against Mental and Emotional Injuries
		Notes
		Bibliography
	Chapter 15 Parents with Brain Impairment: Care and Protection Matters
		Case Synopsis
		Introduction
		Relevant Cases and Legal Standards
			Alcohol Use Disorder
			Brain Injury and Impairment
				Impairment Secondary to Substance Use
				Brain Impairment Secondary to Illness or Injury
			The ADA
		Applied Ethics and Moral Considerations
		Risk of Parental Incapacity and Child Maltreatment
			Substance Use Disorder
			Brain Impairment
		Empirically Based Methods and Applications
			Interview Data
			Records of Premorbid Functioning and Case Information
			Measures
				Intelligence and Achievement
				Attention and Concentration
				Language
				Learning and Memory
				Executive Functions
			Summary
		Avoiding Evaluation and Consultation Errors
			Writing Forensic Reports and Acting as an Expert Witness
		Summary
		Bibliography
	Chapter 16 Evaluating the Evaluators in Custodial Placement Disputes
		Introduction
		Child Custody Evaluations: The Most Complex of Evaluations
		Scientifically Informed Guidelines and Standards for CCEs
		Using Science to Maximize Reliability and Minimize Bias
		Privately Retained Experts
		Ethics for Privately Retained Experts
		Consulting Expert: Litigation Support
			Possible Limitations to Reviewer’s Activities
		Biases in Child Custody Evaluations
		Types of Bias
		Coherence Theory: Biases in Data Interpretation and Integration
			Coherence Theory and Cognitive Bias in Data Integration
		Methods of Decreasing or Minimizing Bias
		Expert Reports and Testimony
			Testifying Expert: Scope of Testimony and Credibility Management
			Credibility Judgments
		Bibliography
	Chapter 17 Child Maltreatment Parental Assessments
		Synopsis
		Child Maltreatment Parental Assessments
		Child Maltreatment Parental Assessment: Construct
		Fundamental Features
		Methamphetamine Abuse
		Intimate Partner Violence
		Forensic Assessments and Clinical Assessments
		Essential Components of a Child Maltreatment Parental Assessment
		The Forensic Referral Question
		The Clinical Interview
		Collateral Information Review
		Third-Party Interviews
		Psychological Testing
		Psychological Testing: Specialized Psychometric Instruments
		Psychological Testing: Ethnic Racial Groups
		Psychological Testing: LGBTQ+ Biases
		Recommendations
		Recommendations: Substance Abuse Treatment
		Recommendations: Mental Disorders
		Recommendations: Intimate Partner Violence (IPV)
		Child–Parent Visitation Recommendations
		Professional Insights
		Expert Witness Testimony
		Ethical Guidelines: Child Maltreatment Parental Assessment
		Ethical Guidelines: Dual Relationships
		Ethical Guidelines: Privacy
		Ethical Guidelines: Misconceptions of the Child Maltreatment Parental Assessment
		Ethical Guidelines: Referral Agencies and Ethical Dilemmas
		Future Directions
		Conclusion
		Bibliography
	Chapter 18 Employment and Discrimination Litigation: The Dysfunctional Side of Workplace Diversity
		Introduction and Overview
		The Role of Human Resource Management
		When Litigation Cannot Be Avoided
		Juror Perception of Employment Litigation
		Juror Comprehension and Decision-Making in Employment Litigation
		The Importance of Employment Misconduct Investigations to Jurors
		Guidance for Risk Management Professionals in Employment Discrimination
		Human Resources Management Comes of Age in the Courtroom
		Human Resources as Junk Science
		Human Resources Experts Clearly May Testify
		Supreme Court Precedent: The Daubert Test Rules
		Employment Law and Litigation
		Sexual Discrimination and Harassment
			Price Waterhouse v. Hopkins
			Burlington Northern & Santa Fe Railway Co. v. White
			Weeks v. Baker & McKenzie
		Retaliation
			Casucci v. Faughnan
			Robinson v. Shell Oil Company
		Age Discrimination
			Snyder v. City of Romulus
			Uber v. Slippery Rock University of Pennsylvania of the State System of Higher Education
			Smith v. City of Jackson, Mississippi
		Disability Discrimination
			Sutton v. United Airlines, Inc.
			Murphy v. United Parcel Service, Inc.
			Albertsons, Inc. v. Kirkingburg
		Concluding Thoughts and Admonitions
		Acknowledgment
		Bibliography
	Chapter 19 Malingered Pain and Memory Deficits in Civil-Forensic Contexts
		Introduction
		Background
		Assessment Issues
		Base Rates of Malingering
		History
		Targets of Malingering
		Response Styles
		Detection Strategies
		Additional Resources and Findings
		Summary and Signs of Faking
		Bibliography
Part IV Appendices
	Appendix A: Mental Fitness and Capacity Report
	Appendix B: Self-Control and Instant Offense Behaviors
	Appendix C: Family Violence — Sample Case Report
	Appendix D: Intellectual disability and competency to stand trial evaluation from Chapter 9 (Ebert & Long)
	Appendix E: Phases of TBI and What to Expect to Do in Civil-Forensic Evaluations
	Appendix F: Capital Mitigation Case
	Appendix G: Juvenile Sex Offender – Sample Report
	Appendix H: Appendix H – Pain Survey Checklist (PSCL)
	Appendix I: Psychological Evaluation Involving Parents with Brain Impairment
	Appendix J: Evaluating the Evaluators in Custodial Placement Disputes
	Appendix K: Child Maltreatment Parental Assessment
Glossary
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	K
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	N
	O
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	Q
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	X
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Index