Exam 2 Study Guide Flashcards
(95 cards)
1
Q
Ramona v. Isabella et al.
A
Gary Ramona (father) accused by daughter to have abused her
Claim came after daughter attended therapy by Marche Isabella
—> “80% of all bulimics have been sexually abused”
Father lost wife, daughters, job
–> sued daughter’s therapist as third party
- > awarded damages * -> first time third party sued therapist and won
2
Q
Tyson v. Tyson and post-legislation
A
Nancy (daughter) in therapy
Recovered memories of father’s sexual abuse (father denied)
Nancy 26 when filed claims
- > father made motion for summary judgement (request for review of case to see if even worth trial)
- > Wash State Supreme Court decided it wasn’t worth it
- > psychoanalysis/therapy is for assistance, not about if recovered events are true
- > Wash State Supreme Court decided it wasn’t worth it
- Lead to new legislation:
Wash state passed doctrine of delayed discovery to be applied to repressed memory cases
3
Q
People v. George Franklin
A
- FIRST case to admit repressed memory as testimony
- > defendant’s daughter recovered memory after therapy (hypnosis) and cue
convicted 20 years after crime
LATER
Conviction overturned
Civil suit filed -> court ruled she did not do it intentionally
4
Q
People v. Paul Ingram
A
Daughter accused father of abuse
Father underwent hypnosis, confessed to: rape, animal sacrifice, being leader of satanic cult that killed 25 babies
- Richard Ofshe showed that father was highly suggestible
- asked father something that daughter never reported, father confessed to doing it
—> used as evidence for false confession
Conviction never overturned
5
Q
People v. Thomas Brewster
A
Shots fired at car, man killed, passenger then assaulted.
Description given to police.
After 7 lineups and 11 years, finally gave positive ID of defendant.
Attorney told expert witness that they were doing secret DNA testing
Question raised (ethical dilemma) What is the role of an expert witness? If know defendant is guilty, should they testify as to the reliability of science involved in case?
6
Q
Case with Jane Doe (Corwin & Olafson)
A
Molestation case (mother was abuser) Years later claimed recovered memory
7
Q
Taus v. Loftus et al.
A
Jane Doe sued with real name because tracked down (psychological harm)
JD sued Loftus, Univ. of Wash, and journal
JD ordered to PAY other side’s lit. costs (~$250,000)
8
Q
Tarasoff v. Regents of Univ of California
A
August, 1969
- Poddar told therapist (Moore) he intended to kill Tarasoff
- therapist notified supervisor and campus police who detained Poddar, then released him
Oct. 26, 1969
Poddar killed Tarasoff
Tarasoff parents sued
et al.
- therapist
- supervisor
- officers who detained
- officers who received therapist’s oral communication
- chief who received therapist’s letter
APA Amicus Brief
problem that NEGLIGENT to warn, not predict
Ruling:
Defense argued
-Poddar detained (LPS hold)
-Informing T would violate confidentiality
-public employees should be immune to liability (CA Tort Claims Act 1963)
Court REJECTED all arguments
- Limits to confidentiality
- mental health prof. have duty to patient AND those specifically threatened by patient
- *Tatasoff Warning (duty to warn)
- notify individual who is in danger from a client
- -> identifiability
- -> forgeability of harm
- -> prediction of violence
When to issue Tarasoff warning:
Makes specific threat to identifiable person
–> issue Tarasoff warning
ID
- kill everyone vs. kill Bob
Forseeability
- if forseeability of harm (details, etc.), you have DUTY to WARN
- ->Rowland v. Christian
Prediction of violence
- ppl say things don’t mean all time, HISTORY BASED
- ->Garner v. Stone
9
Q
Rowland v. Christian
A
FORSEEABILITY OF HARM
R visited C C didn't tell R about bad sink -R used bathroom -R injured self -R sued C
Ruled
- forseeability of harm
- -> duty to warn
10
Q
Garner v. Stone
A
PREDICTION OF VIOLENCE
G told S he had dreams of killing Captain
S referred G to someone else, who referred him to another, G canceled his apt
S issued Tarasoff warning
G FIRED
G sued S, and won
11
Q
People v. Bierenbaum
A
Subsequent development
B
-missing wife
No body found
Case reopened after 12 yrs
-argued body dumped ocean
-evidence he alt. flight records
- Pros sought to open psych records
- b/c issued Tarasoff warning
- argued client-therapist priv. broken
- -> only CLIENT can waive priv. (court agreed)
B convicted w/o this evidence
12
Q
Ewing v. Goldstein
A
Subsequent development
Client father called therapist
-thought son kill ex’s new bf
No Tarasoff warning issued
Son killed ex’s new bf and committed suicide
Bf’s family sued therapist
APA- would increase liability and undermine practice (court REJECTED)
CA Supreme Court
*-psyc CAN use info provided by 3rd parties to issue Tarasoff warning IF info deemed credible
13
Q
Barefoot v. Estelle
A
Barefoot
- convicted for murder of police officer
- sentenced to death
- based on testimony from psychiatrists on ‘future dangerousness’ saying absolute chance
- > neither had actually EXAMINED HIM!
APA
~2/3 predictions were wrong
-prediction of violence deemed unreliable by field
- Supreme Court
- went against science
14
Q
People v. Kacyzinski
A
Unabomber (string of bombings 1978-1995)
- killed 3
- injured 29
Arrested after “manifesto” in papers 1996
K wanted to defend self and refused public defense attorneys
Refused to go along w/ NGRI defense
[comp to do these things?]
Eventually, plea
- K plead guilty
- death penalty taken off table
- life prison, no poss. parole
15
Q
People v. Hinckley
A
Hinckley (crazy about Jodie Foster; attempted assassination of Reagan)
Found NGRI
–> Congress (and rest of America) pissed! -> Insanity Defense Reform Act
16
Q
Kansas v. Hendricks
A
Ruled that involuntary civil commitment for SVP is constitutional b/c civil vs. criminal matter
17
Q
Two types of motivated forgetting
A
Supression:
Motivated forgetting that occurs consciously
Consciously avoid thinking about it, and attend to other things
Repression:
Motivated forgetting that occurs unconsciously (Freud)
Some memories are so horrible that our mind automatically pushes them into our unconscious
Makes all other defense mechanisms possible (Freud)
18
Q
Repression vs. Natural forgetting
A
NOT the same!
Natural forgetting
- tends to occr when people do not think about prior events
- little controversy
19
Q
Repressed memory debate
A
Clinicians side
- traumatic event
- memories can be repressed
- memories can be recovered accurately, years or event decades after an event occurs
Experimental psychologist side
- no traumatic event
- memory unavailable because it does not, and never has existed
- memory is falsely created (suggestion, leading questions, coercion)
20
Q
Recovered memory and false memory
A
Recovered memory
- a repressed memory that has once again become consciously accessible
False memory (i.e., pseudomemory)
- a memory for an event that never occured
21
Q
Statute of Limitations
A
The maximum amount of time after a crime that legal proceedings can be initiated
- Fraud, 3 years in Cali
Murder, NONE
Purpose:
To protect people against claims made after
- physical evidence has been lost
- witnesses become impossible or difficult to find
- memories for the event have faded
Child Sexual Abuse
Sex abuse alleged to have been committed when victim was under 18 years old
-> anytime prior to victim’s 28 birthday
Employmeny of minor to profeorm prohibited acts
-> 10 years after offense
22
Q
Doctrine of Delayed Discovery
A
Statue of limitations commences when the plantiff knew, or should have known, that they were injured
- statute of limitations is tolled when the plantiff’s ignorance is “blameless”
Rationale (need to be aware Ruth v. Dight)
Usage (recovered memories, etc.)
Balance between:
- Right of plaintiff to prosecute
- Protection of respondent from stale claims
23
Q
For a theory based on repressed & recovered memories to be supported, what must be true?
A
- Traumatic memories must be - at least sometimes - repressed
- Repressed memories must be - at least sometimes - recovered accurately
24
Q
Anderson & Green
A
Claimed to be evidence for suppressed memories
Presented word-pairs to subjects
- think/ no think
- > respond to words / supress words
Cued recall
-> supressed words were recalled less often
25
Willians- Seminal study
Claimed to be evidence for repressed memories
- 38% did not report having been abused
- > some not old enought during event to remember (10 months old)
- > some may not have been ready to admit/ face abuse
26
Evidence that people can experience events for which they have no conscious memory
Madame D (told husband dead, no memory but fear at doorway where told)
Korsakoff's patient (cannot store new memories, but won't shake had because previos time had pin)
Eich, 1984 (word pair implicit task, spelled less common homophone)
27
Evidence that people can supress memories for non-traumatic events
Anderson & Green, 2001
Presented word-pairs to subjects
- think/ no think
- > respond to words / supress words
Cued recall
-> supressed words were recalled less often
28
Evidence (perhaps) that people can repress memories for traumatic events
Williams, 1994
Claimed to be evidence for repressed memories
- 38% did not report having been abused
- > some not old enought during event to remember (10 months old)
- > some may not have been ready to admit/ face abuse
29
Cue-dependent retrieval
- Eich: dichotic listening task (difference seen in implicit task, but not explicit)
- > recognition task, poor
- > spelling task, nearly twice as likely to spell less common homophome (evidence for unconscious processing)
People may forget things not because it's not in memory, but because we don't have the right cues
-> along with event/memory, code context, which can be used as a cue
People v. George Franklin
- daughter remembered what father did by cue
30
Issues with repressed memories
Memory of traumatic events
- assumption: traumatic memories are "different"
- > may depend on the question asked
Repression
->PTSD as counterargument because cannot get trauma out of mind
Dissociation
- split in consciousness; psychologically detach themselves from traumatic situation
- > in turn may affect normal cognitive functioning, including attention and memory processes
- evidence that we can process info below conscious awareness
- > Madame D: told husband dead, no memory but bad feeling at door where she was told
- > Claparede: anterograde amnesia, dr. shakes her hand with pin in it, next time she refuses to shake his hand stating "sometimes pins are hidden in people's hands" (evidence that some memories form without conscious awareness)
Cue-dependent retrieval
- dichotic listening task (difference seen in implicit task, but not explicit)
- > recognition task, poor
- > spelling task, nearly twice as likely to spell less common homophome (evidence for unconscious processing)
- people may forget things not because it's not in memory, but because we don't have the right cues
- > along with event/memory, code context, which can be used as a cue
- People v. George Franklin
- > daughter remembered what father did by cue
Suggestiveness and social influence
- Goodman et al. (2003) 30% African Americans did not disclose as opposed to 15% overall
31
How does one recover a memory?
Therapy
- cue-dependent retrieval
- guided imagery (imagine what could happen)
- hypnosis
- detailed dream analysis
Similar to how false memories are created
32
Hypnosis
Altered attention and awareness and unusual receptiveness to suggestions
Steps
1. Distractions are minimized
2. Told to concentrate on something specific
3. Told what to expect (e.g., relaxation)
4. Suggest events or feelings sure to occur
Hypnotic age regression
-relive experience from childhood
```
Has been used as:
Entertainment
Method of psychotherapy
Procedure in branched of medicine
To enhance memory of eyewitness and victims
```
Benefits:
Reduce pain and anxiety
-Ice baths (Hilgard)
-Surgical experiments (Askay & Patterson; Spiegel)
Susceptibility to hypnosis:
Those who have rich fantasy lives and become totally engaged in imaginary events
Aprox. 5-10% of the pop cannot be hypnotized by even a skilled hypnotist
Is hypnosis reliable?
No, can actually make memories worse
Confabulations (talking more, so more info, but not more accurate)
Pseudo-memories
33
Social Influence Theory
People simply behave how they believe a hypnotized person should behave
Imaginative actors playing a social role
Support: Orne (1954)
-during hypnotic age regression, when asked why they were doing it, said to "asses psych. capacities" which someone that age would not have been able to do
34
Divided State of Consciousness
During hypnosis
Dissociation
-"splitting" consciousness into different states
One component follows hypnotist's commands, the other is a "hidden observer"
-part of mind that is not within conscious awareness seems to be watching the person's experiences as a whole
35
Is hypnosis reliable?
No, can actually make memories worse
Confabulations (talking more, so more info, but not more accurate)
Pseudo-memories
36
Dream interpretation
Dreams commonly incorp info of pervious day's preoccupations
-negative emotional content (8 out of 10 dreams have at least one negative event or emotion)
```
Failure dreams (common)
-failure, being attacked, pursued, rejected, or struck with misfortune
```
Sexual dreams
young men: 1 in 10 (10%)
young women: 1 in 30 (3.3%)
37
Wish Fulfillment (Freud)
Dream theory
* Manifest content
- remember storyline
- NO interpretation
- censored version of latent content
* Latent content
- window into unconscious mind and hidden desires
- allows for expression of wishes or needs that may be to painful or guilt-inducing to acknowledge consciously
- KEY aspect of the dream
EXAMPLE
- women dreamt of getting period (manifest) which showed that she was pregnant and not ready to give up her youth and turn to motherhood (latent)
- girl dreams father cases her and sends bears to chase her (manifest) because father abused her as child (latent)
* Criticism:
- lack of scientific support
- dreams can be interpreted in many ways
38
False memories
Misinformation and source confusion can alter details for memories that already exist
Also possible to create memories that never actually occurred (formation of false memories)
Loftus & Pickrell (1995)
"Lost in the Mall" study
Braun, Ellis & Loftus (2002)
Picture with Bugs Bunny at Disneyland 25% claimed
Wade, Garry, Read & Lindsay (2002)
~50% of participants created partial or full memories of the fictitious event
39
Loftus & Pickrell (1995)
False memories
"Lost in the Mall" study
- told fictitious story about how they were lost in the mall as a child
- > 25% came to believe they had been lost in the mall!
40
Braun, Ellis & Loftus (2002)
False memories
Picture with Bugs Bunny at Disneyland 25% claimed
41
Wade, Garry, Read & Lindsay (2002)
False memories
Photoshopped participant's picture on to a hot air balloon ride
~50% of participants created partial or full memories of the fictitious event
42
Source confusion errors
Memory distortion that occurs when the true scorch of the memory is forgotten
- attributing a memory for one event to the wrong source (retain content, not source)
- > can help explain misinformation effect
Memories are distributed across the cortex
- one of the frailest parts of memory is its source
- retain the image, but not the context in which we acquired it
- > was it really what they experienced in their past or was it by suggestion?
EXAMPLES
- telling friend same story they told you
- misattributing story to friend that heard on TV
- misremember doing something you only IMAGINED doing
- misremembering something that occurred in a dream
43
Imagination inflation
Garry, Manning, Loftus, & Sherman (1996)
-asked participants variety of questions, such as breaking window with hand
Two weeks later
-imagination exercise, imagined self breaking window with hand, cutting self, and bleeding
Then questioned again
Vividly imagining events lead to increased confidence by subjects that the event occurred in childhood
44
APA stance on Repressed and Recovered Memories
APA Working Group on Investigation of Memories of Child Abuse
comprised of research and clinical psychologists
tasked with delving into issue and attempting to reach consensus about phenomenon
Stance:
- repression can probably occur, but rarely
- cannot tell difference between recovered memory and false memory
45
Five basis APA principles
1. Beneficence & Non-maleficence
Strive to benefit those they serve
To do no harm
2. Fidelity & Responsibility
Establish relationships characterized by trust
Have professional & scientific responsibilities to society
3. Integrity
In all activities, psychologist strive to be accurate, honest, and truthful
4. Justice
All persons are entitles to access to & benefit from the profession of psychology
Psychologists should RECOGNIZE their biases and boundaries of competence
5. Respect for people's rights & dignity
Respect rights & dignity of all people & enact safeguards to ensure protection of these rights
46
Basis APA principle: Beneficence & Non-maleficence
Strive to benefit those they serve
| To do no harm
47
Basis APA principle: Fidelity & Responsibility
Establish relationships characterized by trust
| Have professional & scientific responsibilities to society
48
Basis APA principle: Integrity
In all activities, psychologist strive to be accurate, honest, and truthful
49
Basis APA principle: Justice
All persons are entitles to access to & benefit from the profession of psychology
Psychologists should RECOGNIZE their biases and boundaries of competence
50
Basis APA principle: Respect for people's rights & dignity
Respect rights & dignity of all people & enact safeguards to ensure protection of these rights
51
APA Ethical Guidelines: Relationships with clients
*No sexual relationship with current client
No sexual relationships with relatives or significant others of current client
No client with former sexual relationship
ONLY yes
- after two years of therapy termination
- considered nature, duration, and intensity of therapy
- considered circumstance of therapy termination
- considered client's personal history
- considered client's current mental status
- considered likelihood of adverse impact on the client
- no statement or action took place during course of therapy suggesting or inviting post termination sexual or romantic relationship
*Excessive self-disclosure single most common precursor to therapist-client sex
Pope & Vetter (1991)
- tended to be females
- most involved intimacies prior to termination
- judged harm in at least 80% of cases of post termination sexual relationship
- > harm = attempt/complete suicide, hospitalization, sued
* Retrospectively, former clients feel exploited
- often victims of child abuse
- lonely, isolated prior to relationship
*70-90% of therapists been attracted to client
-> 2-10% (and declining) sexual involvement (*some what common)
*Manage sexual feelings by consulting with colleagues (*some what common)
~5-10% disclose their sexual attraction (men more likely)
*Refrain from serving more than ONE role with client or close associates of client
Exception: if can est. that rel. would NOT be expected to impair or risk exploitation or harm (need INFORMED CONSENT)
52
Transference
Freudian
Client transfers feelings of a sign. person in their life to their therapist
GOOD
- can work out outside issues
- can help to turn to healthy feelings
53
Countertransference
Therapist transfers own unconscious feelings onto their client
Must be careful to be as OBJECTIVE as possible
54
APA Ethical Guidelines: Informed consent
Inform
- benefits of procedure
- risks of procedure
- what will happen if no procedure
Holds up in court
General
- legal capacity to give consent
- >minors: assent
- >consent from others (parents, guardians, etc.)
- court-ordered services
- >inform client, NO consent needed
- documentation
Research
- inform
- >purpose of research, expected duration, benefits, procedures
- >if deception, then debriefing
- right to decline participation and withdrawal once study has begun
* *Assessment
- for assessments, evaluations, or diagnostic services
- exceptions
- >mandated by law or gov regulations
- >routine edu, institutional, or org activities
- >to eval "decisional capacity"
Therapy
- nature of anticipated course of therapy
- any and all fees
- involvement of 3rd parties
- limits to confidentiality
- trainees & supervision (not fully licensed, etc.)
- generally recognized techniques
* *** -> if not gen. rec., must notify client
- developing nature of treatment
- potential risks involved
- alternative treatments
- voluntary nature of their participation
- EXAMPLE: repressed memory recall tech.
55
APA Ethical Guidelines: Maintaining competence
Boundaries of competence
-must be competent in area
Maintaining competence
- must maintain knowledge/ know the lit.
- >conferences
- >read appropriate journals
- >consult with peers in field
- >take classes if nec.
Bases for scientific and professional judgements
- needs to be scientific and prof. evidence for treatment
- >NO anecdotes, or personal observation & beliefs
56
APA Ethical Guidelines: Confidentiality
Content considered privileged communication
->NO disclosure of info about client WITHOUT client's expressed permission
* EXCEPTIONS
1. Mandated by law
2. To provide needed professional services
3. To obtain professional consultation
4. To obtain payment services
5. To protect client or another person from harm
*When consulting, no disclosing identifying information
57
Corwin & Olafson
JD interviewed about alleged child sexual abuse
11 yrs later, interviewed again
-"recovered" memory
58
Lanterman-Petris-Short Act (1976)
Prior to, mentally ill could be INVOLUNTARILY and INDEFINITELY committed whenever the state believed needed treatment
59
Section 5150
As result of mental disorder, is a danger to others, or to themselves
*Max 72-hour hold for treatment and evaluation
AKA LPS hold
LPS Holds:
**MUST release if no significant evidence
```
section - duration
5150 ---- 72 hour
5250 ---- 14-day
5260 ---- Additional 14-day
5270 ---- 30-day
```
60
Short-Doyle Act
Governing the development of community-based treatment programs
INITIALLY funded 90% state and 10% counties
-intended to replace state mental institutions
1991
-state trans funding reap. to counties
-> increase in # homeless who are seriously mentally ill
61
Laura's Law
| Assembly Bill 1421
Assisted Outpatient Treatment Demo Project Act of 2002
- named after mental health worker who was killed by mentally ill who refused treatment
- assisted outpatient treatment program (CA)
- > may include forced mental treatment
- court ordered
- failure to comply --> 5150 Hold
* *Requirements:
- adult 18+
- suffering from mental illness
- person unlikely to survive safely w/o supervision
- history of lack of compliance w/ treatment
- person's condition is "sub. deteriorating"
- treat. deemed nec.; otherwise grave danger of serious harm to self or others
62
How can therapists protect themselves against liability (Monahan, 1993)
```
Risk assessment:
Education
-clinical
-legal
Information
-past and current records
-inquiries to client and of sign others
```
```
Risk management:
Planning
-choice of a plan
-second options (consultation)
-adherence (follow up)
```
Documentation:
- source
- content
- date
- rationale
Policy
- written guidelines
- external review
- staff education and compliance
- useful forms
Damage control
- tampering with records (no-no)
- public confessions (also a no-no)
63
Competency to Stand Trial (CST)
PRESENT abilities
-defendant's capacity to function meaningfully and knowingly in a legal proceeding
Defendant may be mentally ill or developmentally delayed but STILL competent and able to stand trial
Dusky v. US (1960)
-ability to consult w/ attorney & rational and factual understanding of proceedings
Incompetence involves DEFICIENCY in 1+ abilities
- understanding legal proceedings
- communicating w/ attorney
- appreciating their role in the proceedings
- making legally relevant decisions
Determine by use of standardized instruments
Incompetent defendants:
~5% of felony defendants are evaluated for CST each year (~70% found CST)
* Common characteristics
- history of mental illness (schizophrenia, bipolar, retardation)
- history of drug abuse
- socially isolated, unmarried, unemployed
- poorly educated and below avg intelligence
*IST:
Not serious crime, charges dropped
-seek treatment (changes can be refiled if regain comp)
Def. hospitalized to be treated for restoration of comp.
If comp CANNOT be restored, committed to mental hospital
*How can comp. be restored?
Def can be forced to take med to become CST
Treatment MUST be:
- med appropriate
- sub. unlikely to have side effects that may undermine trial's fairness
```
Youth:
30% youth (11-13) showed impairments
-LESS capable of making legal judgements
-MORE likely confess to crimes
-MORE likely accept plea bargains
```
By 16-17, show rates of comp similar to young adults (18-24, frontal lobe not fully devel. yet)
64
Insanity Defense (NGRI)
Refers to psych state at TIME OF CRIME
B/c client's mental disorder, not LEGALLY resp.
->mental hospital indefinitely
Asses NGRI:
McNaugten Rule (25 states, inc. CA)
-Cog motivation
```
Durham Rule (NH)
-mental disease or defect
```
Brawner/ALI Guidelines (20 states)
-Cog component and volitional component
NGRI Defense prohibited (Idaho, Kansas, Mt, Utah)
- mental disease/defect alone, not defense
- defense must prove insanity
```
McNaughton Rule:
-defect of reason from disease of mind
-not know nature & quality of act
OR
-not know it was wrong
->became standard in GB and US
```
Durhan Rule
- not criminally resp. if unlawful act product of mental disease or mental defect
- issues
- >too much influence from psych.
- >power taken from jury in determining guilt
- >too vague (alcoholics? drug users?)
Brawner (ALI) Rule:
Def is NOT criminally resp. if
-at time, as result of mental disease/defect, lack sub. capacity to APPRECIATE wrongfulness or to CONFORM conduct to req. of law
Insanity Defense Reform Act (1984):
In response to People v. Hinckley (Reagan)
"Unable to appreciate nature & qual. of wrongfulness. Mental disease/defect NOT otherwise constitute defense"
-eliminated volitional in Brawner
Prohib. experts from giving 'ultimate opinion'
-> up to jury
Placed burden of proof on defense
-prev. on pros. to prove sanity!
Two changes made after political assassination attempts
- McNaughten
- Insanity Defense Reform Act
65
Daniel McNaughten
1843
-delusional, stalked PM, killed believed PM
NGRI
Public furious -> demand tougher test of insanity
```
McNaughton Rule
-defect of reason from disease of mind
-not know nature & quality of act
OR
-not know it was wrong
```
->became standard in GB and US
66
Monte Durhan
In and out of hospital much of adult life
Tried for burglary 1951
- IST -> 16 months, CST
- convicted
- appealed twice
- basis: McNaughton rule "based on entirely obsolete and misleading conception of nature of sanity"
Durhan Rule
-not criminally resp. if unlawful act product of mental disease or mental defect
- issues
- >too much influence from psych.
- >power taken from jury in determining guilt
- >too vague (alcoholics? drug users?)
67
Brawner (ALI) Rule
Def is NOT criminally resp. if
-at time, as result of mental disease/defect, lack sub. capacity to APPRECIATE wrongfulness or to CONFORM conduct to req. of law
68
Insanity Defense Reform Act (1984)
In response to People v. Hinckley (Reagan)
"Unable to appreciate nature & qual. of wrongfulness. Mental disease/defect NOT otherwise constitute defense"
-eliminated volitional in Brawner
Prohib. experts from giving 'ultimate opinion'
-> up to jury
Placed burden of proof on defense
-prev. on pros. to prove sanity!
69
Diff between Brawner and McNaughten
Use term "appreciate"
-incorp. emotional as well as cog. determinants of criminal actions
Substantial capacity
-NOT req. offender exhibit total lack of appreciation, but ONLY lack "substantial capacity"
Cog. and volitional elements
-def.'s ability to control actions a suff. criterion by self for insanity
70
When are risk assessments made?
In order to protect a third party from harm
When deciding whether a defendant should receive a death sentence
To deny bail or parole
71
Problems with predicting dangerousness
Low base rates (many have same characteristic, but not all with that characteristic do X)
Hospitals/prisons vs. communities
Long-term risk vs. short-term risk (few years better)
72
Risk assessments
Actuarial (completely structured) vs. clinical (based on intuition; completely unstructured) prediction [DICHOTOMY]
Structured vs. unstructured [CONTINUUM]
73
Structured risk assessment (VRAG)
Criteria and rule for assessment are SAME for all cases
Determine criteria and apply CONSISTENTLY to all cases
```
*More structured, better at predicting
Mathematical process (cut off score)
```
74
Unstructured risk assessment (clinical)
Treat each case INDIVIDUALLY
| Based on theoretical background and clinical experience
75
How should psychologists assess risk? (Monahan, 2007)
VRAG- 75% accuracy
-completely structured w/ no clinical review
His view- COVR (structured with clinical review in final assessment)
76
HCR-20: Webster et al. (1997)
Historical (all stable factors)
- previous violence
- age of first violence
- substance use
Clinical (more dynamic)
- lack of insight
- impulsivity
- negative attitudes
Risk management
77
Use of strutted violence risk assessments
Dep. of Board more likely to use structured tools than general practitioners of clinical psych (tend to use for Freudian techniques e.g., Rorschach)
78
Jurors' reactions to risk assessment evidence
Test. from clinical assess. (more understandable and directly relevant) greater impact than actuarial assessment (more abstract, harder to understand, and less directly relevant)
79
Mental illness and dangerousness
Long held belief that NO relationship
Monahan
- re-eval position (compared rates vs. common pop)
- -> violence among disordered (higher for schiz., major depression, mania/bi-polar, alcohol or drug abuse/dependence)
- -> disorder among violent (prison higher rate of mental health problems than those in jail or general pop)
80
Expanding definition of sex crimes
```
Prostitution
Public exposure
Sexting
Public urination
Consensual sex (teens)
```
Over 700,000 reg. sex offenders in US
81
Sexually violent predators (SVP) at end of sentence
At end of sentence, state hearing to determine if continued risk
-mental abnormality or personality disorder
If still risk
* -involuntary civil commitment
- -> potentially indefinitely
- -> constitutional *(Kansas v. Hendricks)
- ---- deemed civil vs. criminal matter
82
Recidivism rates of sex offenders
Public: 75% reoffend
Relaity: 14% after 5-6 yrs.; 25% after 15 yrs
Likely to be very low est. b/c only reported crimes, etc.
83
Risk factors of reoffending
General:
Antisocial orientation
-antisocial traits, unstable, substance abuse, hostility, history of rule violation
```
*Sexual recidivism:
Antisocial orientation
Sexual deviancy
-ruminates on acts, children, rape, pararphilias
Deviant sexual attitudes
-emotional identification with children
```
84
Does treatment for sex offenders work?
General vs. sexual recidivism (no sign. diff.)
Hanson et al. (2004) 12 yr follow up
No difference in treated vs. untreated sexual, violent or general
85
Criminal profiling
First: Bond formed profile for Jack the Ripper (1888)
Inferences about behavior, personality, motivation, and demographic characteristics based on crime scene and other evidence
*What (was at the crime), Why (the crime was committed) -> who
*Emphasize signatures
Methods may change, but signatures are constant (have to do with why the crime is committed)
Assumption of reason or motivation
Types:
Traditional- intuition based (racial profiling)
Geographic profiling
Psychological autopsies
86
Traditional form- Psychopathy characteristics
```
Superficial charm, glibness
Grandiose sense of self-worth
Deceitful ness
Impulsivity
Unlawfulness; recklessness
Need for stimulation;prone to boredom (lower base rate of psych arousal)
Manipulative
Lack of remorse or guilt
Callousness, lack empathy
Early behavior problems (fires, animal cruelty, stealing, etc.)
Failure to accept responsibility
```
87
Psychopathy
Biological and genetic influences:
Various brain abnormalities
-prefrontal cortex (impulse control, future, considering morals, inhibition)
Difficulties with treatment:
Rarely seek treatment (unless court mandated)
May fake compliance (clinicians should stay wary)
Will only change behavior IF realize actions wrong (May be effective to make them feel worse as therapy)
-> not really successful (usually personality disorder)
```
Prevalence:
At higher risk of committing crimes
Child molesters (10-15%)
Rapists (40-50%)
Serial murderers (~90%)
```
Recidivism:
Psycho. reoffend and violate parole sooner and commit more institutional violence
Psycho. adolescents more likely to reoffend, escape custody, violate probation
88
Organized taxonomy
Crime scene
- planned
- controlled
- premeditated
Inferred characteristics
- avg Intell
- interpersonally comp
- prefers skilled work
- sexually competent
- controlled mood during
- stress prior to
- follows media accounts
- high geographic mobility
89
Disorganized taxonomy
Crime scene
- spontaneous
- random/sloppy
Inferred characteristic
- bellow avg intell
- unskilled work
- sexually incomp
- harsh childhood discipline
- anxious mood during
- minimal situational stress
- minimal interest in media
- lives/works near crime scene
90
Characteristics of serial killers
```
Outline:
White
Avg intell.
Injury that impairs rational thinking
Experienced childhood abuse
History of cruelty to animals
Use alcohol or drugs before killing
Victims selected of particular type
Obsessive interest in violent porn
Highly sexualized behavior in killing
```
Types:
1. Visionary types (e.g., psychotic)
- hallucinations, delusions
2. Mission-oriented types (Eric Rudolph)
- motivated by their regard for evil or unworthy
3. Hedonistic
- for the thrill and sadistic sexual pleasure in torturing
4. Power-oriented
- satisfaction from capturing and controlling victim before killing
91
Racial profiling
Potential for harassment and wrongful accusation
Must have additional evidence to pull someone over (4th amend)
92
Problems with profiling
Little research (usually describe what is and what should be done)
Crime scenes are a mix between organized and disorganized
Crime scene characteristics aren't reliably associated with criminal personality types
Assumes personality is more powerful than situation
May rely too much on intuition
Profiles are vague or ambiguous
93
Research: criminal profiling
Profilers slightly better than other groups at guessing physical attributes
Less accurate than others at inferring social habits, thought processes, and personal history
Overall accuracy of profilers: less than 50%
Lack of association between characteristics of crime and perpetrator
94
Geographic profiling
Relies on multiple crime
Has direct implications
Limitations
- rely on multiple crimes to be useful
- only considers spatial info
- May be multiple offenders who perform similar crimes
95
Psychological autopsies
Dissect psychological state of person prior to death
```
*NASH
Natural
Accident
Suicide
Homicide
```
Rely on sources left behind by the deceased (limitation: available evidence)
Checklist
- whether death maybe self-inflicted
- whether clear indications of an intention to die
* 92% accuracy to distinguish between accidental and suicidal deaths
* More commonly admitted for civil rather than criminal
