Flashcards in Final exam Deck (159):
1. Which of the following is not a symptom typically related to psychopathy?
a) antisocial behaviour
d) shallow emotion
e) lack of guilt
One advantage of using an actuarial
approach to predict the risk of violence is
______________, whereas one disadvantage is _______________.
it is idiographic / it is nomothetic
it lacks consistency / it lacks transparency
it is flexible / it lacks consistency
it is reasonably accurate / it
it is transparent / it lacks consistency
The risk principle of effective
intervention states that _______________.
low risk individuals should be targeted for intervention
high risk individuals should be targeted for interv
low risk individuals should receive treatment much earlier than high risk individuals
high risk individuals will be less motivated in treatment settings
low risk individuals will be less motivated in treatment settings
Johnny has been convicted
for vandalism. The judge decides that, because this is a
relatively minor crime, it would be important to keep Johnny out of prison where he may
interact with more serious criminals. As a result, Johnny is not incarcerated but is allowed
to serve his sente
nce in the community. What term best describes the sentence that
Johnny just received?
none of the above
. Which of the following is tested when using the FIT
a) a person’s mental status at the time of
committing the crime
b) a person’s ability to understand right from wrong
c) a person’s ability to communicate with counsel
d) both a and b
e) both a and c
. The source of juror bias that deals with a type of prejudice involving general attitudes
d beliefs about certain groups of people or certain types of crimes is referred to as:
Which of the following method(s) is/are used to study jury decision-making?
trial interviews with jurors
examination of archival records
List and describe 2 of the main approaches for carrying out risk assessment
The main approaches for carrying out risk assessment include unstructured clinical judgment, actuarial tools, and structure professional judgment.
2. Based on your psychopathy lecture, provide 2 reasons why we should focus our treatment efforts on non-psychopathic offenders instead of psychopathic offenders. (4 points)
You could choose a variety of things from your lecture, such as: (1) given that psychopaths lack empathy and remorse, they will likely not see what they do as bad or harmful, and thus, will be unlikely to have the necessary motivation to invest in treatment and change, and (2) research suggests that the deficits experienced by psychopaths will be very difficult to change, both because they are rooted in their personality, and potentially hard wired into their biology. You could also mention that some studies suggest that treatment doesn’t work (in fact the study we reviewed suggested that treatment made the psychopaths worse; i.e., more likely to fail when released into the community).
3. List the 2 different types of research methods that are commonly used to study sentencing disparity (2 points).
Simulations and sentencing statistics. Simulations (lab studies) Sentencing statistics (field studies)
4. Describe 2 ways that fitness to stand trial is the same as criminal responsibility (2 points)
Two similarities are: (1) both fitness and responsibility involve an assessment of mental health, which is necessary in order for a positive “diagnosis” to be made and (2) both involve a pre-specified time limit for assessments to take place.
Define what is meant by sentencing disparity (2 points)
Sentencing disparity refers to variations in sentences that occur across different judges examining similar cases, or across the same judge over time when he/she is examining similar cases. Sentencing disparity can be warranted (based on relevant legal factors) or unwarranted (based on extra legal factors).
6. List and describe two key principles of effective correctional treatment that you were exposed to in this course. (4 points)
Risk principle: risk of reoffending can be predicted and treatment intensity should match level of risk (low risk offenders should get low intensity treatment, high risk offenders should get high intensity treatment).
Need principle: to reduce re-offending, criminogenic needs should be targeted (i.e., dynamic factors that are related to recidivism).
Responsivity principle: made of up general responsivity (deliver treatment in a way that recognizes how offenders learn and understand; i.e., provide cognitive-behavioural programming) and specific responsivity (match treatment to relevant offender characteristics, like age, gender, culture, literacy level, motivation level, etc.).
What are criminal cases?
an act allegedly committed and found in the CCofC
What are civil cases?
an act involving a breach of contract or other claims of "harm" (torts)
What are the court options for criminal cases?
CAN BE HEARD BY JUDGE OR JURY ALONE, yet often require a jury selection with 12 members, and require a unanimous vote
What are the court options for civil cases?
HEARD BY JURY OR JUDGE ALONE, or a jury with 6 - 8 members without requiring a unanimous vote
What is another term for jury selection?
What are the 3 offences in Canada?
summary, indictable, and hybrid
What is the sentence usually for a summary offence?
less than 6 months in prison, although can be up to 18 months; and a fine of less than $2000. can be tried with just a judge, and a summary offence DOES NOT HAVE A RIGHT TO A TRIAL BY JURY
What is the 1st type of sentence usually for an indictable offence?
less serious with just a judge (theft, and failure to comply with probation order)
What is the 2nd type of sentence usually for an indictable offence?
highly serious tried by judge and jury for treason, murder and piracy. can be without one if attorney general and accused agree
What is the 3rd type of sentence usually for an indictable offence?
robbery, arson, sexual assault with a weapon; includes trial by judge and jury or judge alone; accused CAN CHOOSE trial by provincial or territorial judge without a jury and without preliminary inquiry; a preliminary inquiry and trial by a judge without a jury, or a preliminary inquiry and trial by judge and jury
What is a type of sentence usually for a hybrid offence?
maximum of 5 or more years if proceeded by an indictment; if prosecuted by the CROWN they have a max of 6 months usually, although can be up to 18 months for sexual assault. If the CROWN decides it is a summary offence, then trial by jury is usually the option
What are characteristics of juries in Canada
According to R v Sherratt, 1991, they are composed of community representatives, and have a lack of biases known as impartiality
What is representativeness?
it must allow any possible eligible person from the community the opp to be a part of the jury, achieved through randomness, with exceptions such as those connected with the case, etc.
Why are there so few Aboriginals on juries?
Aboriginals living on reserves are not a part of municipal assessment lists that can be used to identify possible jurors, particularly in Ontario; Iacobucci made 17 recommendations in a report to increase their representation;
What was decided in R v. Brown (2005)?
nothing has been decided, although it brought the discussion of bringing more racially-balanced juries for criminal cases (case dealing with forced sex of an Aboriginal girl)
What are three issues of impartiality?
1) ensuring the jurors set aside pre-existing biases, prejudices and attitudes and judge the case solely on admissible evidence; (defendant's ethnic group)
2) juror must ignore any information that is not part of the admissible evidence (i.e. media reports)
3) juror have no connection with defendant (related?)
What is a challenge for cause?
A request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror
What are threats to impartiality?
- media attention to case (more guilty verdicts with negative pre-trial publicity, positive does the reverse)
What are sources of juror bias?
1) interest prejudice - direct interest in case;
2) specific prejudice - attitudes specific to the case
3) generic prejudice - beliefs about people or crime
4) normative prejudice - community sentiment (logging in BC)
What are presumptions of impartiality in Canada?
- there are limits to pre-trial publicity (KRAMER study showed biasing associated with guilty jury, and judge's calls to ignore publicity doe not influence verdicts), limited discussions by jurors; 12 person juries to cancel out biases; reminders about sworn oaths
What are three methods to keep potential jurors impartial?
1) adjournment - postpone to reduce reactivity of community (LIMITATION: MEMORY DECLINE FOR JURORS AND WITNESSES INVOLVED;
2) change of venue - moving to a different community for more objective results
3) prosecutors or defendants' right to a challenge for cause - preemptory challenge to omit jurrors from a jury (UP TO 3 EACH)
What is involved with a challenge for cause?
the side desiring the judge to allow a challenge for cause must demonstrate there is reasonable partiality in the community from which the jury pool will be drawn. If granted, prospective jurors are probed with a set of predetermined questions ALONGSIDE 2 TRIERS FROM THE JURY POOL WHO THEN DISCUSS THE ANSWERS TO REACH A UNANIMOUS DECISION AS TO WHETHER THE JUROR IS IMPARTIAL (up to 5) approved by the judge. ONLY TO ASSESS THE PROSPECTIVE JUROR'S STATE OF MIND OR THINKING. CANNOT ASK THEM ABOUT THEIR BACKGROUNDS OR PERSONALITIES
Issues with challenge for cause:
altered answers in open court and can hear the answers that lead to a positive or negative decision from the triers; may be difficult to edit their views which may be unflattering; individuals who are unaware of their biases and how they affect their behaviour
What are the jury's functions?
1) to apply the law provided by the judge to the admissible evidence in the case and to render a verdict;
2) to use the wisdom of 12 instead of 1 person;
3) to act as the CONSCIENCE of the community;
4) to PROTECT against out-of-date laws;
5) to increase KNOWLEDGE about the justice system
What are two approaches to jury selection?
1. looking at broad attitudes and traits, according to defence or prosecution biases; a case-specific approach that deals with specific attitudes
What are two types of situations when juries ignore the law?
1) jury nullification - choosing to ignore the law based on some other critieria, believing the law is unfair given the circumstances of the case, or the punishment accompanying a conviction is too harsh for the crime (e.g., assisted suicide by physician);
2)chaos theory predicting that when jurors are guided by their emotions and PERSONAL BIASES rather than by the law, chaos in judgments results
What are 4 methods of studying juror behaviour?
1) interviews with jurors (specific to the US)
2) archival records (more specific to the US)
3) simulation techniques (more specific to the US)
4) field studies
What are strengths of post-trial interviews?
high external validity, with results coming from real cases and actual jurors who deliberated.
What types of validity are associated with the 4 methods of studying jurors?
1) post-trial interviews - high external;
2) archives - high external;
3) simulation - high INTERNAL
4) field studies - high external
Two models of Jury DM
1) math models - precise and testable, however not realistic or intuitively appealing (LOC - likelihood of commission > TRD-threshold of reasonable doubt = guilty verdict)
2) explanation-based models - realistic and intuitively appealing, but not precise or testable - e.g. Pennington and Hastie (1986) - finding best fit for stories and verdict options when presented with information of a trial
What are some findings by Penrod and Heuer (1997) regarding juror notetaking?
- notes serve as a memory aid
- do not overemphasize evidence noted at the expense of evidence that was not
- do not produce a distorted view
- can keep up with evidence as it is presented
- does not distract jurors
- does not have an undue influence
- are accurate record
- does not favour either Crown or defence
Are juror questions helpful or harmful?
Neither. They both help inform the jury, but also do not increase the satisfaction of the legal representatives; either or
What are some influence factors on juries?
- comprehension aides - pre-trial instructions to jurors; juror note taking; juror questions
- size of jury (12 vs. 6)
- the decision rule - polarization ocurs when individuals tend to become more extreme in their initial position following a group discussion, vs. leniency bias - whereby jurors move toward greater leniency following deliberations
What is a hung jury?
a jury that is not able to reach a unanimous jury, resulting in a mistrial declaration, and the Crown to decide whether they will retry the case
What are the requirements for parole?
1) conditional release of offenders into a community so they can serve the remainder of their sentences OUTSIDE an institution;
2) attempt to REHABILITATE offenders so they can become productive contributors to society;
3) a high degree of community SUPERVISION to ensure the parolee is abiding by certain rules;
4) a conditional clause that if broken, parole can be REVOKED
Who grants various types of parole to offenders?
The Parole Board of Canada (PBC)
What are various types of parole?
1) TEMPORARY absence - unescorted or escorted temp absences usually to attend correctional programs
2) DAY parole - allows teh offender to enter the community for up to a day e.g. applying for an interview
3) FULL parole - serving teh remainder of sentence in the community while under supervision (following unescorted temp absences and day parole)
4) STATUTORY RELEASE - release of FEDERAL offenders from prison after having served 2/3 of sentence (by law in Canada), with required parole conditions- meeting with parole officer, staying in country, not possessing weapons
Conditions for parole to be granted:
- served at least a 1/3 of sentence or 7 years (whatever is less)
- usually follows a formal hearing
- up for risk assessment
What are some factors considered in granting parole?
- offender's own criminal history
- social problems experienced by offender
- psychological or psychiatric reports
- info indicating whether release will pose a risk to society
What are some of the findings from Gobeil and Serin's (2009) study regarding parole, and that influenced them creating an empirical framework for PCB members?
- release rate is higher for women and sex offenders than for others, and lower for Aboriginals and domestic violence vignettes, regardless of other demographic factors
- variability in the number of factors assessed when conducting assessment
What are some results of a study looking at decisions for granting parole?
- type of parole tends to be more lenient with discretionary process rather than rule-bound decisions
- those given day or full parole tended to be morme successful as compared to granted statutory release
- most failures experienced by offenders on parole are associated with breach of conditions rather than commission of new offences
- very few commit new crimes or new violent offences
What is psychopathy?
a personality disorder defined bya a collection of interpersonal, affective, and behavioural characteristics, including manipulation, lack of remorse or empathy, impulsivity, and antisocial behaviours; psychopaths are referred to as INTRASPECIES PREDATORS
What does PCL-R stand for?
Hare Psychopathy Checklist-Revised, a 20-item rating scale that uses SEMI-STRUCTURED INTERVIEW and file information to asses interpersonal, affective, and behavioural features of psychopathy; considered a reliable, valid and generally accepted model for assessing psychopathic personality disorder
What is factor 1 for the PCL-R?
interpersonal and affective traits, associated to instrumental violence, emotional processing deficits, dropping out of treatment, and poor treatment response
What is factor 2 for the PCL-R for?
unstable and socially deviant traits, associated with reoffending, substance abuse, lack of education, and poor family background (20 items on a 3-point scale, higher scores than 30 in a range of 0 to 40 are more psychopathic criminals tend to be around 21, whether general pop at 4)
What are the various scales for assessing psychopathy?
1) interview - PCL-R
2) self-report scales - PPI-R and SRP
What are some of the results of Zinger and Forth (1998)'s study on psychopathy, sociopathy or antisocial personality disorder?
- psychopathy played a role in a DIVERSE range of cases, with the majority of testimony associated with increased severity of disposition
- used in making sentencing decisions (Canada)
- used in sex violence predator evals and death-penalty sentencing (seen as an aggravator) and in civil cases and dangerous offender proceedings (US)
- higher degree of recidivism and a lack of treatment responsivity in dangerous offender hearings
- does not fit NCRMD because although it is considered a disease of the mind, the offender does not usuallly appreciate the nature or quality of the act or knowing that it is wrong
What is adversarial allegiance?
the tendency for forensic experts to be biased town the side (defence or prosecution) that hired them, but is said to be limited if the clinician is properly trained in the PCL-R scale
Regarding psychopathy and violence, what associations have been made?
- associated with criminal behaviour and violence
- tend to involve serious repetitive crime and violence out of proportion to their numbers
- do NOT commit homicide more often than other populations
- high-denity (prolific) and versatile offenders
- begin at a younger age and persist longer, be more predatory, and callous and calculated without emotional context
- more reactive and therefore violent
- more likely to target strangers than nonpsychopathic offenders
What book influenced R. Hare to create the PCcL-R and write WITHOUT CONSCIENCE: THE DISTURBING WORLD OF THE PSYCHOPATHS AMONG US?
H. Cleckley's THE MASK OF SANITY (1976)
What are the statistics regarding psychopaths in society?
- 90% of serial killers
- 1% of general pop
- 10 - 25% of prison populations (most of whom are diagnosed with APD which encompass 60 - 80% of prison pop)
- 44% are killers of police officers
What are measurements of assessing psychopathy and their issues?
1) experience impressions
2) self-report inventories - MMPI, MCMI, PPI
3) informant rating - APSD
4) structured clinical - DSM-IV, PCL-R, PCL:YV...
What are some features of psychopathy according to the PCL-R?
- glib/superficially charming
- grandiose, inflated self-worth
What are some affective features of psychopathy according to the PCL-R?
- shallow emotions
- lack of guilt
What are some lifestyle features of psychopathy according to the PCL-R?
- poor anger control
- criminal behaviours
What is the DSM-IV criteria for ANTISOCIAL personality disorder
- over 18
- assessed as disordered by age 15
- repeat criminal acts
lack of remorse
what are the likely results of psychopaths after treatment
a much higher failure rate than psychopaths not treated
What are some tasks that suggest psychopathic tendencies?
- lexical decision task - psychopaths did not vary their rate of responses between emotional or neutral words; neurosci screen showed more activation in localized posterior regions, implying a superficial performance
- startle blink after a loud noise? - less reaction time to blinking when presented with neutral words than pleasant or unpleasant
What are the results of studies based on psychopathic traits and sexual violence?
- not as associated with sex offending unless portraying deviant sexual behaviours (child molesters are not high in psychop traits)
- offenders who commit sexual homicides are the most psychopathic, whereas rapists are the least, especially child molesters
- 85% were opportunistic or vindictive
- more likely to report positive emotions BEFORE committing crime
- higher levels of sexual sadism - arousal associated with inflicting pain or humiliation in another
What theory is the startle blink test based on?
the response modulation deficity theory - suggests that psychopaths fail to use contextual cues that are peripheral to a dominant response set to modulate their behaviour
what are the issues of labelling a youth as a psychopath?
- labelling disables;
- the stability of fpsychopathic traits from late childhood to early adulthood
- the possibility that characteristics of psychopathy are common features of normally developing youth
What is relevant to know about police use of force?
Description is vague, and situations are not clear-cut, risk assessment involves several factors such as situational ones; officer perceptions that are affected by their stress, own biases, the subjects behaviour, whether passive or aggressive, and whether they pose a threat of death; tactical considerations include the use of weapons, other resouces, the vhehicle, or even backup;
What are some implications of police use of force?
Depends upon resources, policies that change, the degree of changing, available equipment
What brain processes occur when dealing with potential criminals as a policewoman?
- thalamus - breaks down incoming cues into size, shape and sound
- stress hormone increases
- heartbeat races (sympathetic nervous system is moving)
- thoughts related to fear may play a factor in decision-making
What are definitions of fitness to stand trial?
an nassessment of the current mental condition of the accused
What is the goal of fitness to stand trial?
to determine where it intereferes with one's ability to perform legal tasks (e.g., communicating with representation, judge, etc.)
What is unfit to stand trial?
unable due to a mental disorder to understand the nature of the proceedings, understanding the consequences of those proceedings, and to communicate with counsel
What is the FIt-R?
the fitness interview test is a tool fo rdetermining fitness to stand trial. does the accused have a mental disorder? if so, :
1 is the individual able to understand the nature of the proceedings?
2 is the individual able to understand the consequences of the proceedings?
3 is the individual able to communicate with counsel? -- semi-structured interview identify mental disorder, cover main issues in section 2, and works as a screening device for the above
What is the MacCAT-CA?
a tool to assess fitness to stand trial and fitness to plead guilty. It examines 3 issues: the accused's understanding of the legal system, their reasoning ability, and his understanding of his own legal situation
- a structured interview with questions MOST COMMONLY USED IN THE US
What is the important point in the police, court, and mental health diagram?
there are two parallel systems that work by way of the forensic mental health system (FMHS), with the criminal justice system (CJS) and the civil mental health system (CMHS)
What is an assessment of fitness?
if a person is fit, the trial will continue, if not an assessment will take place, between 5 and 30 days for such orders and typically conducted by a psychiatrist/medically-trained professional
what is the treatment for unfit assessment to stand trial?
individuals found unfit are typically held in hospital prior to trial. the goal is to restore the individual to fitness with as little delay as possible; MEDICATION IS THE PRIMARY FORM FOF TREATMENT (often is required in a treatment order); if individual remains unfit, he or she is detained in a hospital or is conditionally discharged
what are the definitions of criminal responsibility?
1 McNaughten Standard (cognitive)
2 irresistible impulse test (volitional)
3 ALI standard - American Law Institute Standard (cognitive/volitional)
4 guilty but mentally ill (GBMI)
5 NCRMD - Canada - not criminally responsible due to mental disorder
What is the McNaughton standard?
a cognitive standard to assess criminal responsibility which at the time of the crime the accused must suffer from a defect of reason and must not know the nature of the act or must not understand that it was wrong
What is the irresistible impulse test?
a volitional standard test to assess criminal responsibility the accused could have the cognitive knowledge of what is right and wrong, but not be responsible because illness results in an inability to control behaviour
a standard test developed by the American Law Institute that assesses those who are not criminally responsible if the accused lacks the capacity to appreciate the criminality of the act or to conform their conduct to the requirements of the law
What is the GBMI?
the Guilty But Mentally Ill, or GBMI defines those who are mentally ill but also guilty of a crime. treatment is given until they are declared sane, and prison for the same term as other offenders
What is the NCRMD?
Not criminally responsible due to mental disorder - not legally responsible while suffering from a disorder that renders the person incapable of appreciating the nature of the act or incapable of knowing that the act was wrong
Who can raise the issue of assessment of responsibility?
only the defense can raise the issue unless the verdict of guilty hads been handed down already. An instrument can be used after a guilty verdict, and takes from 30 - 60 days for assessment orders to be comppleted
what is the R-CRAS?
the Rogers Criminal Responsibility Assessment Scale is an assessment tool to assess insanity, NCRMD. Each scale has 30 items which are given a score from 0 - 6, and higher values determine insanity
What are the 5 scales of the R-CRAS?
(Rogers Criminal responsibility assessment scale)
3 cognitive control
4 behavioural control
5 reliability of the report
what is the MSE?
the mental state at the time of the offence screening evaluation, a tool for assessing criminal responsibility (not insanity) based on:
general psychol history, mental state at the time of the offence, and current mental status
What treatment is used for those rated high in the R-CRAS and/or MSE?
FORENSIC HOSPITAL OR ABSOLUTE OR CONDITIONAL DISCHARGE, MEDICATION, AND CAPPED DISPOSITION TIME IN A FORENSIC HOSPITAL (IF SENT)
What are the goals of sentencing?
to denunciate, or inform the public that we as a society view a particular act as wrong
what are forms of sentencing?
- specific DETERRENCE - prevents criminals to act; general deterrence - prevents regulars from becoming criminals;
REHABILITATION - prison for time to think, as well as alternative sentences; punishment varies in the length according to the type of crime;
REPARATION - addressing an imbalance that includes the accused and the victims; promote responsibility
what are principles of sentencing?
proportionate to gravity of offence, proportionate to responsibility of the offender, and should not deprive the offender of liberty if possible
what is a fundamental principle of sentencing?
serves to guide judicial decisionmaking when handing down sentences, ensuring the sentence is proportionate to the gravity of the offence and the responsibility of the offender
what are sentencing options?
absolute or conditional discharge; restitution; fines and/or community service; conditional sentence or imprisonment
what is sentencing disparity?
variation in sentencing patterns due to the influence of factors that are not legally relevant to the case (extra-legal factors such as judge's personality, mood, etc.) based on systematic and unsystematic disparity
what are the differences between systematic and unsystematic disparity?
the first has different judges with different attitudes about different thigns, with different verdicts for different judges; the latter is different decisions for the same offence due to the judge's mood, etc. both are INAPPROPRIATE
What is public opinion of sentencing?
it is too lenient (may not have the whole story), does not have confidence in CJS, and supports a range of ALTERNATIVE sentencing practices to prison
what are sentencing guidelines?
researchers created guidelines to ilimit the discretion of a judge when decising on sentences with mandatory minimum sentences. they are not always followed thought, despite their validity
What are considerations when dealing with sentencing?
static risk faactors - demographic variables, history of criminal behaviour, history of mental disorder;
dynamic risk factors -- stable - slowly changing over time, vs. acute - rapidly changing - due to intoxication, etc.
What are 4 employment risk factors?
a criminal history, pro-criminal personality, attitues, and associates
what is known in the history of offender treatment research?
much debate over what works; Martin argued that nothing works, and there is no use in treating offenders, although he later changed his opinoin
what is a meta-analysis?
a statistical aggregation of the results derived from many independent studies in order to integrate the findings
What type of analysis do we usually look at for offender treatment
effect size, positve up to 1, and negative to -1; .2 is small, .5 is medium, and .8 is high; close to 0 is ineffective
What are the principles of effective correctional treatment?
Effective Correctional Treatment or ECT is based on the degree of risk and need of the criminal les
What is involved with risk assessment in offender treatment?
level of risk should match the level of intervention, with a mismatch resulting in higher recidivism, and higher levels of service needing to be provided for higher risk cases
what is involved with need assessment in offender treatment?
intervention strategies should target individual criminogenic needs, based on dynamic attributes which are associated with changes in prob of recidivism, whereas non-criminogenic needs are not - the latter includes increasing self-esteem,
What is specific responsivity in terms of offender treatment?
refers to delivering treatment programs in a style and mode that is matched to the ability and learning style of the offender
What is risk assessment?
a concept involving risk prediction - assessing the risk that people will commit violence in the future, and risk management - developing effective intervention strategies to manage that risk
goals of risk assessment (3)
improve accuracy, transparency - need to know why an offender is being release, the victim needs to know, the public needs to know, and the offender needs to know; improve consistency - offenders should be treated consistently
what are risk factors - a variable that is related to recidivism (2 factors)?
static risk factors - fixed and unchanging, such as history of substance abuse --convenient to test, frequently used, reliably measured and very predictive based on demographic variables, history of criminal behaviour and history of mental disorder;
dynamic risk factors - change over time, such as impulsivity; categorized as stable and acute -- factors change with time, are less convenient and less reliable, and less frequently used, BUT SENSITIVE TO CHANGE, WITH INTERVENTION CAN CHANGE LEVEL OF RISKact
4 big risk factors for recidivism
criminal history, procriminal personality, procriminal attitudes, and procriminal associates
what are some risk assessment approaches?
unstructured clinical judgment, actuarial tools,, structured professional judgdment, and ROC analysis
What is unstructured clinical judgment?
involves a clinician using their judgment to determine the overall assessment of risk, in a subject process that is unclear to determine which risk factors are considered and how they are combined and rated by external bodies
What does unstructured clinical judgment do?
subjectively selects, analyzes, and interprets risk factors
what are some advantages to unstructured clinical judgment for risk assessments?
flexible, idiographic (focus on the individual)
what are some disadvantages to unstructured clinical judgment for risk assessments?
inconsistent, and low accuracy
What are actuarial tools?
a type of risk assessment which involves collecting pre-specified risk factors that are then entered into a STAT MODEL THAT COMBINES AND WEIGHS THEM, PRODUCING AN OVERALL ASSESSMENT OF RISK
what are some advantages to actuarial tools for risk assessments?
consistent, high accuracy
what are some disadvantages to actuarial tools for risk assessments?
nomothetic - focuses on groups, and valid across different samples
What is an example of an actuarial tool?
a VRAG (violence risk appraisal guide)
What is a VRAG?
a violence Risk Appraisal Guide is an actuarial technique for carrying out risk assessments, which includes 12 STATIC risk factors that are coded, and a combined score is weighed across 9 factors, and the patient is assigned a level of risk
What are structured professional judgments?
the collection of pre-specified EMPIRICAL risk factors while adding in any relevant case specific details when undergoing a risk assessment, ist
Who determines which risk factors are specified for a structured professional judgment?
it is up to the professional doing it
What are some advantages to structured professional judgments for risk assessments?
flexible nomothetic and idiographic usages
What are some disadvantages to structured professional judgments for risk assessments?
moderate accuracy based on clinical judgment, and less consistent than actuaral tools
What is an example of a structured professional judgment instrument?
What is the HCR-20?
Historical Clinical Risk Management-20, 20 risk factors coded across 3 domains, including historical/static, clinical/dunamic and risk mgmt, and combined score associates level of risk - low, medium, high
What do the risk ratings for the HCR-20 suggest?
low - monitor and intervene with low priority and intensity; medium - monitor and intervene with some priority and intensity, and high, monitor and intervene with high priority and intensity
What is a measurement of risk predictions?
the ROC analysis, or Receiver Operating Characteristics Analysis
What is the ROC analysis?
a procedure for measuring the accuracy of risk predictions. the heigh tof the ROC curve as measured by AREA UNDER THE CURVE (AUC) indicates accuracy
What are the measurements for the ROC analysis?
1.0 indicates perfect accuracy, whereas 0.5 indicates chance
what is an advantage of the AUC?
it is not threshold dependent - it does not depend on the cut-off score that was chosen by the decision maker to define when an individual will be violent)
what are the strengths of the ROC analysis
summarizes accuracy in a way that is NOT biased by decision thresholds or impacted by base rate recidivism (like a correlation)
What is indicated in the ROC analysis contingency table?
truth is determined as violent and nonviolent, whereas prediction that is violent or non violent is assessed. A violent prediction that is right is a true positive, a violent prediction that is not right is a false positive; a prediction that is not violent that is not right is a false negative, and a prediction that it is non violent that is true is a true negative
What are the levels of predictive accuracy for the risk assessment tools?
Clinical judgments - AUC = 0.55
Actuarial tools (MOST ACCURATE) = .68 to .
Structured Professional judgement = .62 to .75
What was a finding of Edens, Guy and Fernandez (2003) re psychopathic traits?
psychopathic-like traits in youth were more likely supported by a sentence of death and less likely for rehabilitation than non-psychopathic like traits
What were the findings of Woodworth and Porter (2002) re crime behaviour?
those with higher psychopathic scores (PCL-R) were more likely to commit INSTRUMENTAL crime, as opposed to those with lower PCL-R scores
What were the findings of Hart, Kropp & Hare (1988) re recidivism?
the higher the PCL-R score, the greater the chance of recidivism; those released on parole were LESS likely to reoffend than those on statutory release, therefore psychopathic traits associated with GREATER recidivism
What were the findings of Rice, Harris & Cormier (1992) re psychopathy and treatment?
those in treatment for social therapy (i.e. empathy, fostering responsibility) were MORE likely to violently reoffend than those who did not receive treatment;
What are the likely causes of psychopathic traits?
We don't know. It could be a combination of nature and nurture, with differences in brain chemistry, and as a result of poor parenting and/or abuse
What is the lexical decision task?
an assessment tool that suggests that psychopaths tend to not have stronger reactions to emotive words than nonemotive words, therefore a disconnect with emotionality
What is another task to assess psychopathy?
startle blink/reflex test -
What was the procedure for Intrator et al. (1997) re psychopathy testing?
radioactive tracer injected in brains of substance abusers who were placed in an MRI and were given the lexical decision task
What were the findings for Intrator et al. (1997) re psychopathy testing?
1 activation in non-psychopaths is widespread and primarily anterior
2 activation in psychopaths is more localized to posterior regions
3 implies that psychopaths perform tasks SUPERFICIALLY
What was the procedure for Patrick et al. (1993) re psychopathy testing and startle reflex?
incarcerated offenders were give a series of affective-inducing and non-affective-inducing images, and a very loud white noise (startle probes), and the reaction times for the individual to blink were assessed
What were the results of the Patrick et al. (1993) re psychopathy testing?
psychopaths do not tend to get startled more when affect is induced, therefore they appear limited in emotionality
4. Describe 2 ways that fitness to stand trial is different from criminal responsibility (2 points)
Two differences: (1) fitness involves an assessment of the current mental condition of the defendant, whereas responsibility involves a retrospective assessment, and (2) fitness is concerned with how the defendant can carry out certain legal functions (e.g., communicate with counsel), whereas responsibility is about one’s understanding of the nature of a crime, or knowing the difference between right and wrong.
What are weaknesses of post-trial interviews?
Weakness include: unreliable jurors' accounts; conclusions based on data that are unreliable; a cause-and-effect relationship cannot be established
What are examples of self-report inventories for assessing psychopathy?
MMPI - Minnesota Multiphasic Personality Inventory, MCMI - Millon Clinical Multiaxial Inventory, PPI
- Psychopathic Personality Inventory
What are examples of structured clinical tools for assessing psychopathy?
DSM-IV - Diagnostic and Statistical Manual of Mental Disorders - Volume 4, PCL-R - Hare Psychopathy Checklist-Revised, PCL:YV - Hare Psychopathy Checklist - Youth Version
What is a type of informant rating tool for assessing psychopathy?
APSD - antisocial process screening device