Forensic Psychology (2^nd Ed.)

Forensic Psychology provides students with an in-depth and insightful introduction to the clinical practice of forensic psychology. Incorporating two main themes, scope of practice and therapeutic jurisprudence, the text focuses on empirically supported clinical practice and exposes students to case and statutory laws necessary in the practice of forensic psychology. The text utilizes real world examples that help students understand the practical applications of forensic psychology. It encourages an understanding of the law as a living and breathing entity, examining its ability to be therapeutic or anti-therapeutic to the people impacted by it. Accessible and user-friendly, this text provides students with a thorough introduction to the field.

Preface xi

Acknowledgments xv

1 What is Forensic Psychology? An Introduction 1

What is Forensic Psychology? 1

Is this forensic psychology? 2

The origin of forensic psychology 3

Our definition of forensic psychology 4

History of forensic psychology 5

Major Areas of Forensic Psychology 7

Structure of the legal system 10

The Relationship of the Law and Psychology 12

The conflict between psychology and law 13

Education and Training in Forensic Psychology 14

How do I become a forensic psychologist? 14

Careers in forensic psychology 18

2 Assessment, Treatment, and Consultation in Forensic Psychology 21

Forensic Assessment 22

Important tasks in forensic assessment 22

Core concepts in assessment: Reliability and validity 24

Distinguishing therapeutic assessment from forensic assessment 24

Methods and procedures: Interviewing 26

Methods and procedures: Psychological testing 29

Archival information 33

The use of written reports in forensic assessments and guidelines 34

Treatment in Forensic Contexts 36

Who are we treating? 38

Types of treatment 40

Success of off ender programs 41

Successful off ender programs 41

Forensic Consultation 43

3 Expert Testimony and the Role of an Expert 47

History of the Expert Witness 48

Admissibility of Expert Testimony 49

Frye standard 50

Daubert v. Merrell Dow 51

The rest of the Daubert trilogy 53

Challenges to Expert Testimony 54

Cross-examination 54

Opposing expert 55

Judicial instructions 56

Factors That Influence Expert Witness Credibility 56

Criticisms of Expert Testimony 57

Taking over the courtroom 57

Ultimate issue testimony 58

Corruption of science 59

Ethics of the Expert 62

Competence 63

Informed consent and confidentiality 64

Financial arrangements 65

Multiple relationships 65

Syndrome Evidence: Controversial Area of Expert Testimony 66

Profile and syndrome evidence 66

4 Psychopathy 71

The Nature of the Psychopath 72

A popular operationalization of psychopathy: The Psychopathy Checklist 73

Use of the PCL-R in the practice of forensic psychology: Field research 77

The Relationship of Criminal Behavior and Violence to Psychopathy 79

General violence and criminal behavior 79

Sexual violence 81

Violence in civil psychiatric patients 82

Violence among domestic violence perpetrators 82

What Else Do We Know about Psychopathy? 83

Interpersonal-affective aspects of psychopathy 83

Cognitive and learning deficits associated with psychopathy 85

Biological basis for psychopathy 86

Treatment of psychopathy 87

Special Groups and Psychopathy 89

Women 89

Ethnic and cross-cultural issues 90

Children and adolescents 91

Legal and Ethical Issues Involving Psychopathy 93

Capital sentencing and the use of psychopathy 93

5 Violence Risk Assessment 96

Nature of Violence and Violence Risk Assessment 97

Defining violence 97

Violence as a choice 97

Legal Realities of Violence Risk Assessments 99

The Evolution of Risk Assessment 101

Early history of risk assessment 102

Clinical, Actuarial, and Structured Risk Assessments 103

Clinical assessments of violence 104

Actuarial measures of violence 105

Structured professional judgments 109

Risk and Protective Factors 110

Static risk factors 111

Dynamic risk factors 112

Protective factors 114

Accuracy of Risk Assessment 115

Difficulties in risk assessment 115

When are we good at assessing risk? 116

Communicating Risk 117

6 Sexual Offenders 120

What is a Sexual Offender? 121

Assessment of Sexual Offenders 123

Phallometric assessment: Penile plethysmograph (PPG) 124

Psychological assessment 126

Risk assessment and recidivism 127

Risk assessment instruments for sexual off enders 129

Use of sex off ender risk assessment measures in the field 132

Treatment and Management of Sexual Off enders 133

Are sexual off ender treatment programs successful? 133

Components of potentially successful programs 135

Special Groups of Sexual Off enders 136

Juvenile sexual off enders 136

Female sexual off enders 137

Clergy as sexual off enders 139

Online child pornography off enders 140

Sexual Offender Legislation 141

Registration and notification laws 141

Residency laws 143

Sexually violent predator laws 143

7 Civil Commitment 146

What is Civil Commitment? 146

Criteria for Civil Commitment 150

Mental illness 150

Dangerousness 151

Need for treatment 153

Process of Civil Commitment 153

Outpatient commitment 154

Empirical examination of outpatient commitment and other changes in commitment laws 156

Coercion of Civil Commitments 157

The impact of coercion on civil commitment 158

Sources and frequency of coercion 159

Right to Make Treatment Decisions and Refuse Treatment 160

Competency to make treatment decisions 161

Mental health advanced directives 162

Practice of Civil Commitment 163

Assessment and treatment of committed patients 163

Assessment of danger to self 164

Assessment of danger to others 164

8 Criminal and Civil Competence 167

Raising the Issue of Competency in Criminal Proceedings 168

Competency to Stand Trial (CST) 168

Prevalence of CST 169

Procedures in CST 170

Competency evaluations 171

Forensic assessment instruments for competency 173

Other Variables Related to Competence 178

Scope of practice in competency evaluations 178

Restoration of Competency 179

Competency restoration programs 182

Other Criminal Competencies 184

Competency to be executed 184

Competency to waive Miranda rights 185

Competency to refuse the insanity defense 185

Civil Competencies 186

Competency to be treated 187

Competency to execute a will 187

Competency related to guardianship 188

9 Insanity, Criminal Responsibility, and Diminished Capacity 190

Rationale for Insanity Defense 193

Insanity Standards 194

Wild beast standard 195

M’Naghten 195

The product rule and Durham 197

American Law Institute (ALI) Rule and Brawner 198

Insanity Defense Reform Act (1984) 199

Guilty but mentally ill 200

Challenges to the insanity defense 201

Studies Assessing the Insanity Standards in Mock Jurors 202

Insanity Myths 203

Evaluations of Insanity 208

Common procedures for insanity evaluations 208

Reliability and validity of insanity evaluations 209

Forensic Assessment Instruments 210

Malingering and insanity 211

Other Issues of Criminal Responsibility and Diminished Capacity 213

10 Domestic Violence and Stalking 215

Defining and Identifying the Prevalence of Domestic Violence 216

Factors that influence prevalence figures 216

Assessment of Domestic Violence among Intimate Partners 218

Assessing consequences of domestic violence 219

Psychological consequences of domestic violence 220

Risk Factors and Risk Assessment in Domestic Violence 221

Risk factors for domestic violence 222

Assessing risk and recidivism 226

Domestic Violence Treatment 228

Educational and psychological treatment 229

Community-based interventions 231

Criminal justice interventions 231

Gender Differences in the Perpetration of Domestic Violence 233

Stalking 234

11 Juvenile Delinquency and Juvenile Justice 238

History of the Juvenile Court 240

Processing in the Juvenile Courts 242

Juvenile Delinquency and Juvenile Offenses 244

Risk factors for juvenile delinquency 245

Juvenile Violence 247

Risk factors for nonsexual violence 247

Risk factors for sexual violence 248

Role of the Forensic Psychologist in Juvenile Courts 250

Evaluating treatment amenability 251

Providing treatment 251

Transfer evaluations 253

Competency evaluations 254

Insanity evaluations 255

Risk assessment 255

Special Issues in Regard to Juveniles: School Violence 256

School violence and school shootings 256

12 Child Custody 260

Legal History and Assumptions about Child Custody 261

Legal standards and preferences for child custody 262

Additional legal preferences 264

Child Custody Laws and Professional Guidelines 265

Professional guidelines for child custody evaluations 265

Forensic Practice in Child Custody Evaluations 267

Format and methods utilized in child custody evaluations 267

Surveys of clinical practice and psychological testing 269

Difficulties in child custody evaluations 272

Effects of Custody and Divorce on Children 274

Effects of divorce on children 275

Impact of custodial arrangement 276

Positive post-divorce outcomes 277

Child Abuse 278

13 Personal Injury and Discrimination in Civil Law 282

Legal Bases for Personal Injury Cases: Torts and Civil Law 283

General Forensic Practice in Personal Injury Cases 285

Malingering in personal injury cases 286

Typical Injuries Involved in Personal Injury Claims 288

Posttraumatic stress disorder (PTSD) 289

Traumatic brain injury (TBI) 291

Chronic pain 294

Psychological Independent Medical Evaluation 296

Workers’ Compensation 297

Sexual Harassment and Employment Discrimination 299

Glossary 303

References 309

Name Index 359

Subject Index 365

Matthew T. Huss is a Professor of Psychology at Creighton University and a practicing forensic psychologist. He has over 60 scholarly publications and has served as a reviewer for numerous scholarly journals, including Journal of Consulting and Clinical Psychology, International Journal of Forensic Mental Health, Criminal Justice and Behavior, Psychology, Crime and Law, Behavioral Sciences and the Law, Journal of Interpersonal Violence, Assessment, and the Family Violence. In addition, he also served on the Editorial Board of Law & Human Behavior, Psychology, Public Policy and the Law, the Journal of Aggression, Maltreatment, Teaching of Psychology, and the Psi Chi Journal of Student Research.