Introduction to Forensic Psychology: Clinical and Social Psychological Perspectives

Contents
About the Authors
What is Forensic Psychology?
1 Introduction to Forensic Psychology
	Introduction
	History
	What Do Forensic Psychologists Do?
	How Do Forensic Psychologists Work?
	Who Hires a Forensic Psychologist?
	What Kind of Training Does a Forensic Psychologist Need?
	Summary
	Questions to Think About
	References
2 Models of Legal Systems: Spotlight on the United States
	Introduction
	Where Do Our Laws Come from?
	What Legal Rights Do We Have?
	Other Legal Systems
	Mens Rea or State of Mind
	Who Decides: Juries or Judges?
	Divisions of Courts
		Trial Court
			Juvenile Court
			Rehabilitation Courts
			Domestic Violence Court
			Drug Court
		Appellate Courts
		Supreme Court
	Federal Court System
	Oral Versus Written Testimony
	Rules of Evidence
	Summary
	Questions to Think About
	References
3 Admissibility of Expert Testimony
	History
		Frye Test
		1975 Federal Rules of Evidence
	Ultimate Issue Testimony
	Daubert, Kumho and Relevant Case Law
	2011 Federal Rules of Evidence
		Rule 702: Testimony by Expert Witnesses
		Rule 703: Bases of Expert Testimony
		Rule 704: Opinion and Ultimate Issue
		Rule 705: Disclosing Facts or Data Underlying the Expert Opinion
	Psychological Science’s Role in Admissibility Issues
	Summary
	Questions to Think About
	References
Understanding the Criminal Mind
4 Criminal Responsibility
	Definitions
		Levels of Responsibility for Behavior
	Historical Overview of the “Insanity Defense”
		M’Naughten Standard to Determine “Insanity”
		Irresistible Impulse Standard for Determining Insanity
		The Durham Standard Requiring Causation or Product of Mental Illness Test
		McDonald Modification of Durham with Definition of Mental Illness
		Washington Product Test and Ultimate Issue Opinion in Federal Courts
		ALI/Brawner Modifications Including Diminished Capacity Defenses
		Hinckley and Its Aftermath
		Insanity Defense Reform Act of 1984
		Length of Confinement When Found Not Guilty by Reason of Insanity
	Guilty but Mentally Ill Laws
	What Is the Meaning of Wrongfulness?
	Summary
	Questions to Think About
	References
5 Competency to Stand Trial
	Dusky Criteria
	Restoration of Competency
	Treatment for Restoration to Competency
		Competency Restoration Groups
		Right to Refuse Medication
	Is Competency the Same in All Legal Situations?
	Conducting a Competency Evaluation
		Other Competencies
			Competency to Waive Miranda Rights and Give a Statement
			Competency to Confess
			Competency to Represent Oneself
			Competency to Be Executed
			Pannetti v. Quarterman
			Madison Versus Alabama (2019)
	Summary
	Questions to Think About
	References
6 Self-Defense and Syndrome Testimony
	Self-Defense Laws
		Reasonable Perception
		Imminent Danger
			Imminent Danger and Inez Garcia
	Mental Health Syndromes
		What Is a Syndrome?
		What Is Battered Woman Syndrome?
			Cycle of Abuse
			Theory of Learned Helplessness
	Clinical Syndrome Testimony
		Battered Woman Syndrome and the Law
		History of the Case Law
		Other Relevant Cases
			Joyce Hawthorne
			Gladys Kelly
		Battered Woman Syndrome Legislation
		Battered Child Syndrome
	Mitigation and Downward Departures from Sentencing Guidelines
	Prison Reform and Clemency
	Summary
	Questions to Think About
	References
7 Death Penalty Cases
	Overview
	Assessments in Capital Cases
		Case Law on Mitigation
	Intellectual Disability
		Impairments in Adaptive Functioning
			Race
	Background and Other Factors
	Impact of Mitigation Testimony
	Competency for Execution
	Summary
	Questions to Think About
	References
8 Clinical and Forensic Assessment
	Clinical Forensic Assessment
		Competency to Stand Trial
		Criminal Responsibility
		Personal Injury Cases
		Child Custody and Parental Fitness Evaluations
		Comprehensive Forensic Assessment Model
			Clarify Purpose and Parameters of Exam and Obtain Informed Consent
			Gather Basic Demographics
			Review of Documents
			Details of the Incident
			Gather Relevant Histories
			Mental Status Evaluation
			Childhood, Social, Educational, and Work Histories
			Alcohol and Other Drug Use
			Prior Criminal History
			Summaries of Other Data
			Findings
			Psychological Test Results
			Cognitive Tests
				Personality Tests
			Integration of Results
			Diagnosis
			Summary and Recommendations in Reports
	The Use of Clinical Psychological Tests in Forensic Settings
		Traditional Clinical Test Battery
		Cognitive Tests
		Neuropsychological Screening and Assessment
			Personality Tests
			Projective Testing
			Trauma Testing
		Specific Forensic Tests
			Tests of Malingering
			Other Forensic Assessment Instruments
			Violence Assessment Instruments
		Assessments in Capital Cases in the Death Penalty Phase
	Expert Witness Testimony
	Summary
	Discussion Questions
	References
9 Therapeutic Jurisprudence and Problem-Solving Courts
	Historical Perspective
	Role of Psychology
	Problem-Solving Courts Using TJ
		Drug Courts
		Mental Health Courts
		Domestic Violence Court
			The Future for TJ and Problem-Solving Courts
	Questions to Think About
	References
10 Psychological Interventions in Forensic Settings
	Introduction
	Identifying Mental Disabilities in Inmates
	Training Police and First Responders
	Crisis Intervention Programs
		Critical Incident Stress Management
		Debriefing
		Hostage Negotiation
	Diversion from Jail After Arrest
	Intervention in Jails and Prisons
		Medication
		Crisis Intervention Programs in Prisons
		Special Programs for Abuse Survivors
		Special Programs for Women Prisoners
		Sex Offender Relapse Prevention Programs
		Anger Management Programs
	Other Treatment Approaches
	Limitations to Traditional Treatment
	Summary
	Questions to Think About
	References
Can Psychologists Measure 	Pain and Suffering?
11 Civil Law: U.S. Personal Injury Torts
	Introduction
	Roles of the Expert
	Elements of a Tort
		Duty
		Breach of Duty
		Causation
		Damages or Harm
	Models of Recovery for Compensable Damages
	The Nature of Tort Actions
		Intentional Tort
			Defenses to an Intentional Tort
		Reckless Tort
		Negligent Tort
	Types of Complaints
		Wrongful Death
		Defamation Lawsuits
		Employment Cases and Arbitration
		Product Liability Cases
		Third-Party Failure to Protect Cases
		Discrimination Lawsuits
		Other Types of Civil Lawsuits
	Damages
	Methodology
	Summary of Important Concepts
	Questions to Think About
	References
12 Risk Assessment and Involuntary Commitment
	History and Definitions
		Danger to Self and Others
		Defining Dangerousness
		Assessment of Dangerousness
		Least Restrictive Alternative
		Gravely Disabled
		Level of Proof for Civil Commitment
		Purpose of Confinement
	Outpatient Commitment
		Conditional Release
		Right to Treatment
	The Right to Refuse Treatment
		Sexually Violent Predator Laws
		Legal Definitions of a Sex Predator
	Assessment of Violent Behavior
		MacArthur Foundation Study
		Demographic Variables
		Psychological Variables
		Sociological Variables
		Contextual Variables
		Biological Variables
	Approaches to Assessment of Violence
		Actuarial Approach
		Adjusted Actuarial
		Clinical Risk Assessment
		Guided Clinical or Structured Professional Judgment
			Psychopathy
		Sexual Recidivism Assessments
		Potential for Domestic Violence Assessment
	Summary
	Questions to Think About
	References
13 Immigration and Refugee Issues
	Possible Relief from Deportation or Removal
	Competency for Removal Evaluations
	Violence Against Women Act
	Asylum and Hardship Cases
		Asylum for Undocumented Children
		Other Visas
	Naturalization
	Battered Women Fleeing Domestic Violence
	Forensic Psychological Evaluations
	Summary
	Questions to Think About
	References
Family Law and Fitness to Parent
14 Family Law: Marriage and Divorce
	What Is a Family?
	How Law Regulates Families
	Roles for Mental Health Professionals
		Psychological Evaluator
		Expert Witness
		Forensic Evaluator
		Consultant
	Levels of Proof in Family Cases
	Tolling of the Statute
	Recovered Memories
	Historical Case Laws on Marriage and Individual Rights
		Right to Marry and Procreate Laws
		Does Marriage Take Away Other Individual Rights?
	Marriage as a Contract
	Restrictions to Marriage
		Racial Issues
		Lesbians and Gay Males
	Prenuptial and Antenuptial Agreements
		Psychosocial Prenuptial Agreements
		Legal Prenuptial and Antenuptial Agreements
	Dissolution of Marriage
	Uniform Family Law Models
	Psychological Evaluation for Duress
	Summary
	Questions to Think About
	References
15 Custody and Access to Children
	Solomon’s Choice
	History of Custody Laws
	Legal Standards and Presumptions
		Best Interests of the Child Standard
			Joint Custody or Shared Parental Responsibility
		Friendly Parent Presumption
			Joint Custody Is Inappropriate if One Parent Is Abusive
	Rules of Evidence
	Hague Convention Cases
	Custody and Parental Fitness Evaluations
	Alienation
	Alienation and Abuse in the Family
	Danger to Child from Exposure to Domestic Violence
	Competent Parenting Skills
	Other Risks to Competent Parenting
		Procedures for Parental Fitness and Custody Evaluations
	Challenging Parental Fitness and Custody Evaluations
	Custody and Access Recommendations
	Empowering Children
	Summary
	Questions to Think About
	References
16 Protection of Abused Children, the Mentally and Physically Challenged, and the Elderly
	Introduction
	Definitions
		Child Maltreatment
			Physical Abuse
			Sexual Abuse and Exploitation
			Emotional or Psychological Abuse
			Child Neglect
		Abuse of the Elderly
	Impact from Abuse
		Costs of Maltreatment
	Foster Care, Adoption, and Fitness to Parent
		Fitness for Adoption and Foster Parenting
	Intervention Programs
		PROTOTYPES: A Program for Substance Abusing Women
		OPTIONS for Seriously Mentally Ill Women
		Parenting Classes for Abusive Parents
		Programs for the Elderly
		Mentally Challenged Adults
	Individual Psychotherapy and Case Management
	Civil Lawsuits
	Summary
	Questions to Think About
	References
17 Reproductive Rights and Assisted Reproductive Technologies
	Introduction
	History
	Rights to Use Contraception
		Regular and Emergency Contraception
		Contraceptive Equity
		Conscience Clauses
	Right of a Woman to Choose an Abortion
	Roe v. Wade
	Undue Burden Test
		Casey v. Planned Parenthood (1992)
	Family Violence, Notification, Informed Consent, and Gag Rules
	Partial Birth Legislation
	Stem Cell Research and Abortion
	Psychological Research on Impact of Abortion
		Post-abortion Syndrome Does not Exist
		What Do We Know About Women Who Obtain an Abortion
			Statistics
			Who Do Women Talk to Before an Abortion?
			Reasons for Abortion
			Psychological Effects of the Experience
	Parental Notification and Permission for Teens
		Why Teens Do not Tell Parents
		Who Do Teens Talk to?
		Reasons for Wanting an Abortion
	Actions Against Abortion Providers and Clinics
		Hyde Amendment and Global Gag Rules
		TRAP Laws
	Access to Good Reproductive Health Care
	Right to Have a Child
		Punishing Substance Abusing Women
	Assisted Reproductive Technologies
	Who Owns the Fertilized Ovum?
	Liability of Storage Companies
	Surrogacy and Gestational Carriers
	Questions to Think About
	References
Juvenile Justice
18 Juvenile Justice
	History of Juvenile Justice System
	Balancing Rehabilitation with Public Safety
		Rise of the Rehabilitation Model
		Movement Away from the Rehabilitation Model
	What Do We Know About Juvenile Crime?
		National Juvenile Crime Statistics
		Gender and Violence by Juveniles
			Florida Study
	Behaviors of Adjudicated Delinquents
		Psychopathic Traits
		Interpersonal Relationship Difficulties
			Suicide and Substance Abuse Issues
	Role of Cognitive, Emotional, and Neuropsychological Deficits
		Neuropsychological Deficits
	Recent USSC Cases
	Forensic Evaluations of Juveniles
		Competency to Waive Miranda
		Competency to Stand Trial
			Legal Competency Versus Competency to Consent to Treatment
			Understanding of Charges and Potential Consequences
			Understanding of the Trial Process
			Capacity to Participate with Attorney in a Defense
			Potential for Courtroom Participation
		Violence Risk Assessment
		Assessment of Mental Health Issues
		Substance Abuse Issues
	Intervention Strategies
		Pretrial Detention Centers
		Juvenile Facilities and Boot Camps
			Moral Development
			Social Modeling in Adolescents
	Summary
	Questions to Think About
	References
19 School Violence
	Introduction
		Columbine High School
		Virginia Tech University
		Sandy Hook Elementary School
		Marjory Stoneman Douglas High School
	Statistics
	Classification of School Violence
		What Do We Know About the Dynamics of Violence?
		Threat Assessment
			Warning Signs: Verbal
			Warning Signs: Bizarre Thoughts
			Warning Signs: Physical and Behavioral
			Warning Signs: Obsessions
	Stabilization and Prevention
		Law and Policy in Addressing School Violence
		Review School Warning Signs
		When to Use Civil Commitment Laws
			Stabilizers
	Hatcher/Mohandie Risk Investigation Model, Threat Assessment Teams
		Threat Assessment Teams
		Risk Investigation Model
		Possible False Reports
	When School Violence Occurs
		Debriefing
		Return to ‘Normal’ Quickly
	Workplace Violence
		Types of Workplace Violence
		Workplace and Other Violence in Schools
		Workplace Preparation
	Summary
	Questions to Think About
	References
20 Legal Rights of Children
	What Legal Rights to Children Have?
	History
	Children’s Presence in the Courts
		Family Courts
			Civil Courts
		Criminal Courts
	Israel Model Project
	Civil Court and Personal Injury Cases
	Empowerment of Children
	Teamchild
	What Is Needed to Give Children Full Legal Rights
	Assessing Children’s Competency
	Cognitive Competency and Execution
	Waiver into Adult Court
		Waiver of Juveniles into Adult Courts
	Summary
	Questions to Think About
	References
Legal Consultation Based 	on Social Psychology
21 Discrimination and Sexual Harassment
	How Do We Know if Discrimination Still Exists in the U.S?
	Social Psychologists Weigh in About Discrimination
		Stereotypes and Discrimination
		Overt and Covert Discrimination
	Sexism and Sex Stereotyping
	Case of Hopkins V. Price Waterhouse
	Are Women Discriminated Against for Behavior Praised in Men?
	Women and Management Style
	Common Worksites Where Discrimination Exists
	Men and Women’s Attitudes Toward Harassment
	Psychological Impact from Sexual Harassment
	Sexual Harassment Lawsuits
	Definitions of Sexual Harassment
	ADA and VAW Civil Rights Laws
	Subtle Harassment
	Types of Sexual Harassment Behaviors
	Clarifying Definitions of Sexually Harassing Behavior
		Racial, Ethnic, and Cultural Issues
		Can a Man Be Sexually Discriminated Against?
	Employment Discrimination Lawsuits
	Racial Discrimination Lawsuits
	Americans with Disabilities Act (ADA) Lawsuits
	Summary
	Questions to Think About
	References
22 Eyewitness Identification
	Introduction
	Cognitive and Emotional Memories
	Reconstructive Cognitive Memory
	Acquisition Phase
		Encoding Core and Peripheral Events
		Stressful Incidents
	Retention or Storage
		Forgetting Information
		Source of Information
	Retrieval
		Trauma Memory Retrieval
		Enhancing Retrieval of Memory
	Reliability of Eyewitnesses
		Identification
		Estimator and System Variables Impact Accuracy
			Estimator Variables
			System Variables
	Frye and Daubert Standards and Federal Rules on Admissibility of Evidence
	Summary
	Questions to Think About
	References
23 Jury Selection and Psychology of the Trial
	Introduction
	What Research Methods Can Be Used?
	Jury Selection or Deselection
		Focus Groups
		Mock Trial
		Analogue Jury Studies
	Non-Sexist and Domestic Violence-Sensitive Language
	What is the Process of Voir Dire for a Jury?
	Peremptory Challenges and Challenges for Cause
		Methods of Conducting Voire Dire
	Psychological Tests
		Research to Assist the Attorney in Trial Preparation
	Psychological Consultation of Trial Strategies
		Preparing Witnesses
	Tensions Raised by Relationships Between Psychologists and Attorneys
	Summary
	Questions to Think About
	References
Practical Tips for Forensic 	Psychology Experts
24 Forensic Experts and Attorneys: Communication Process
	Nuts and Bolts of Expert Testimony
	Qualifications of the Expert
	Direct Testimony
	Cross-Examination
	Redirect Examination (Rebuttal)
	Necessity for Careful Preparation
		Is It Possible That…?
		Responding to Other Attacks
		Three Levels of Cross-Examination
		Attacks on Psychological Testing
		The Learned Treatise Attack
		Preparation with Relevant Case Law
		The Hypothetical Question
		Staying Close to the Data
	Expert Disclosure Obligations—Civil and Criminal Trials
	Summary
	Questions to Think About
	References
25 Malpractice and Risk Management
	Malpractice
		Key Legal Terms in Malpractice Claims
	Common Causes of Malpractice Claims
	Code of Ethics and Malpractice Claims
	Summary
	Questions to Think About
	References
26 Ethical Issues in Forensic Settings
	History of the Code of Ethics
	Specific Sections that Apply to Forensic Psychology
	Ethics in Assessment
	Specialty Guidelines for Forensic Psychology
	Summary
	Questions to Think About
	References
Case Citations
Index