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Contents

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 offender programs 41 Successful offender 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-aff ective aspects of psychopathy 83 Cognitive and learning defi cits 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 Off ender? 121 Assessment of Sexual Off enders 123 Phallometric assessment: Penile plethysmograph (PPG) 124 Psychological assessment 126 Risk assessment and recidivism 127 Risk assessment instruments for sexual offenders 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 notifi cation 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 Off enses 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

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