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Clinical Forensic Psychology and Law
The International Library of Psychology
Series Editor: David Canter
Human Perception
Marco Bertamini and Michael Kubovy
Environmental Psychology
David Canter, Terry Hartig and Mirilia Bonnes
Hypnosis
Michael Heap and Irving Kirsch
Interpersonal Development
Brett Laursen and Rita Zukauskiene
Counseling Psychology
Frederick Leong
Psychology of Aging
Martin Orrell and Aimee Spector
Parapsychology 1
Richard Wiseman and Caroline Watt
Edited by
Routledge
Taylor &Francis Group
© Ronald Roesch and Kaitlyn McLachlan 2007. For copyright of individual articles
please refer to the Acknowledgements.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in
any form or by any electronic, mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are
used only for identification and explanation without intent to infringe.
Publisher’s Note
The publisher has gone to great lengths to ensure the quality of this reprint but
points out that some imperfections in the original copies may be apparent.
Disclaimer
The publisher has made every effort to trace copyright holders and welcomes
correspondence from those they have been unable to contact.
Acknowledgements ix
Series Preface xi
Introduction xiii
11 Robert E. Emery, Randy K. Otto and William T. O'Donohue, (2005), 'A Critical
Assessment of Child Custody Evaluations: Limited Science and a Flawed System',
Psychological Science in the Public Interest, 6, pp. 1-29. 199
12 Francis T. Cullen and Paul Gendreau (2001), 'From Nothing Works to What
Works: Changing Professional Ideology in the 21st Century', Prison Journal, 81,
pp. 313-38. 231
13 Randall T. Salekin (2002), `Psychopathy and Therapeutic Pessimism: Clinical
Lore or Clinical Reality?', Clinical Psychology Review, 22, pp. 79-112. 257
14 Caroline Friendship, Ruth E. Mann and Anthony R. Beech (2003), 'Evaluation of a
National Prison-Based Treatment Program for Sexual Offenders in England and
Wales', Journal of Interpersonal Violence, 18, pp. 744-59. 291
15 Henrik Belfrage and Kevin S. Douglas (2002), 'Treatment Effects on Forensic
Psychiatric Patients Measured with the HCR-20 Violence Risk Assessment
Scheme', International Journal of Forensic Mental Health, 1, pp. 25-36. 307
16 Merith Cosden, Jeffrey K. Ellens, Jeffrey L. Schnell, Yasmeen Yamini-Diouf
and Maren M. Wolfe (2003), 'Evaluation of a Mental Health Treatment Court
with Assertive Community Treatment', Behavioral Sciences and the Law, 21,
pp. 415-27. 319
17 Rolf Loeber and David P. Farrington (2000), 'Young Children Who Commit
Crime: Epidemiology, Developmental Origins, Risk Factors, Early Interventions,
and Policy Implications', Development and Psychopathology, 12, pp. 737-62. 335
18 Linda A. Teplin, Karen M. Abram, Gary M. McClelland, Mina K. Dulcan and
Amy A. Mericle (2002), 'Psychiatric Disorders in Youth in Juvenile Detention',
Archives of General Psychiatry, 59, pp. 1133-43. 361
19 Candice L. Odgers, Marlene M. Moretti and N. Dickon Reppucci (2005),
`Examining the Science and Practice of Violence Risk Assessment with Female
Adolescents', Law and Human Behavior, 29, pp. 7-27. 373
20 Edward P. Mulvey and Elizabeth Cauffman (2001), 'The Inherent Limits of
Predicting School Violence', American Psychologist, 50, pp. 797-802. 395
21 Thomas Grisso, Laurence Steinberg, Jennifer Woolard, Elizabeth Cauffman,
Elizabeth Scott, Sandra Graham, Fran Lexcen, N. Dickon Reppucci and Robert
Schwartz (2003), 'Juveniles' Competence to Stand Trial: A Comparison of
Adolescents' and Adults' Capacities as Trial Defendants', Law and Human
Behavior, 27, pp. 333-63. 401
Clinical Forensic Psychology and Law vii
24 Randy K. Otto and Kirk Heilbrun (2002), 'The Practice of Forensic Psychology:
A Look Toward the Future in Light of the Past', American Psychologist, 57,
pp. 5-18. 467
25 Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas Grisso, Valerie P. Hans,
Norman G. Poythress Jr and Ronald G. Roesch (1997), 'Training in Law and
Psychology: Models from the Villanova Conference', American Psychologist, 52,
pp. 1301-10. 481
26 Stuart A. Greenberg and Daniel W. Shuman (1997), 'Irreconcilable Conflict
Between Therapeutic and Forensic Roles', Professional Psychology Research and
Practice, 28, pp. 50-57. 491
27 Robert A. Nicholson and Steve Norwood (2000), 'The Quality of Forensic
Psychological Assessments, Reports, and Testimony: Acknowledging the Gap
Between Promise and Practice', Law and Human Behavior, 24, pp. 9-44. 499
28 John Petrila (2004), 'Emerging Issues in Forensic Mental Health', Psychiatric
Quarterly, 75, pp. 3-19. 535
The editors and publishers wish to thank the following for permission to use copyright material.
American Medical Association for the essay: Linda A. Teplin, Karen M. Abram, Gary M. McClelland,
Mina K. Dulean and Amy A. Mericle (2002), `Psychiatric Disorders in Youth in Juvenile Detention',
Archives of General Psychiatry, 59, pp. 1133-43. Copyright © 2002 American Medical Association.
American PsychologicalAssociation for the essay: Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas
Grisso, Valerie P. Hans, Norman G. Poythress Jr and Ronald G. Roesch (1997), 'Training in Law and
Psychology: Models from the Villanova Conference', American Psychologist, 52, pp. 1301-10. Copyright
0 1997 American Psychological Association; R. Karl Hanson and Kelly E. Morton-Bourgon (2005),
`The Characteristics of Persistent Sexual Offenders: A Meta-Analysis of Recidivism Studies', Journal
of Consulting and Clinical Psychology, 73, pp. 1154-63. Copyright © 2005 American Psychological
Association; Randy K. Otto and Kirk Heilbrun (2002), 'The Practice of Forensic Psychology: A Look
Toward the Future in Light of the Past', American Psychologist, 57, pp. 5-18. Copyright © 2002 American
Psychological Association; Stuart A. Greenberg and Daniel W. Shuman (1997), 'Irreconcilable Conflict
Between Therapeutic and Forensic Roles', Professional Psychology Research and Practice, 28, pp. 50-
57. Copyright © 1997 American Psychological Association; Edward P. Mulvey and Elizabeth Cauffman
(2001), 'The Inherent Limits of Predicting School Violence', American Psychologist, 50, pp. 797-802.
Copyright © 1997 American Psychological Association.
Blackwell Publishing Limited for the essay: Robert E. Emery, Randy K. Otto and William T. O'Donohue,
(2005), `A Critical Assessment of Child Custody Evaluations: Limited Science and a Flawed System',
Psychological Science in the Public Interest, 6, pp. 1-29. Copyright © 2005 American Psychological
Association, Inc.
British Psychological Society for the essay: Kevin S. Douglas, David N. Cox and Christopher D. Webster
(1999), 'Violence Risk Assessment: Science and Practice', Legal and Criminological Psychology, 4, pp.
149-84. Copyright © 1999 British Psychological Society.
Cambridge University Press for the essay: Rolf Loeber and David P. Farrington (2000), `Young Children
Who Commit Crime: Epidemiology, Developmental Origins, Risk Factors, Early Interventions, and
Policy Implications', Development and Psychopathology, 12, pp. 737-62. Copyright © 2000 Cambridge
University Press.
Elsevier Ltd for the essays: Randall T. Salekin (2002), Psychopathy and Therapeutic Pessimism: Clinical
Lore or Clinical Reality?', Clinical Psychology Review, 22, pp. 79-112. Copyright © 2002 Clinical
Psychology Review; David J. Cooke, Christine Michie, Stephen D. Hart and Danny Clark (2005),
`Searching for the Pan-Cultural Core of Psychopathic Personality Disorder', Personality and Individual
Differences, 39, pp. 283-95. Copyright © 2005 Elsevier Ltd.
International Journal of Forensic Mental Health for the essay: Henrik Belfrage and Kevin S. Douglas
(2002), `Treatment Effects on Forensic Psychiatric Patients Measured with the HCR-20 Violence Risk
Assessment Scheme', International Journal of Forensic Mental Health, 1, pp. 25-36. Copyright © 2002
International Association of Forensic Mental Health.
x Clinical Forensic Psychology and Law
John Wiley and Sons Ltd for the essay: Richard J. Bonnie (1992), 'The Competence of Criminal
Defendants: A Theoretical Reformulation', Behavioral Sciences and the Law, 10, pp. 291-316. Copyright
0 1992 John Wiley and Sons Ltd; Merith Cosden, Jeffrey K. Ellens, Jeffrey L. Schnell, Yasmeen Yamini-
Diouf and Maren M. Wolfe (2003), 'Evaluation of a Mental Health Treatment Court with Assertive
Community Treatment', Behavioral Sciences and the Law, 21, pp. 415-27. Copyright © 2003 John
Wiley and Sons Ltd.
Lippincott Williams and Wilkins for the essay: Charles M. Borduin (1999), `Multisystemic Treatment
of Criminality and Violence in Adolescents', Journal of the American Academy of Child and Adolescent
Psychiatry, 38, pp. 242-49. Copyright © 1999 American Academy of Child and Adolescent Psychiatry.
Sage Publications Inc for the essays: Caroline Friendship, Ruth E. Mann and Anthony R. Beech (2003),
`Evaluation of a National Prison-Based Treatment Program for Sexual Offenders in England and Wales',
Journal oflnterpersonal Violence, 18, pp. 744-59. Copyright © 2003 Sage Publications; Francis T. Cullen
and Paul Gendreau (2001), 'From Nothing Works to What Works: Changing Professional Ideology in
the 21st Century', Prison Journal, 81, pp. 313-38. Copyright © 2001 Sage Publications; Randy Borum
(2003), `Managing At-Risk Juvenile Offenders in the Community: Putting Evidence-Based Principles
into Practice', Journal of Contemporary Criminal Justice, 19, pp. 114-37. Copyright © 2003 Sage
Publications.
Springer for the essays: Kirk Heilbrun (1997), `Prediction Versus Management Models Relevant to Risk
Assessment: The Importance of Legal Decision-Making Context', Law and Human Behavior, 21, pp.
347-59. Copyright © 1997 American Psychology - Law Society; Patricia A. Zapf and Ronald Roesch
(2005), `An Investigation of the Construct of Competence: A Comparison of the FIT, the MacCAT-CA, and
the MacCAT-T', Law and Human Behavior, 29, pp. 229-52. Copyright © 2005 Springer Science; Paul S.
Appelbaum and Thomas Grisso (1995), `The MacArthur Treatment Competence Study 1: Mental Illness
and Competence to Consent to Treatment', Law and Human Behavior, 19, pp. 105-26. Copyright © 1995
Plenum Publishing Corporation; Pamela Clark Robbins, John Monahan and Eric Silver (2003), 'Mental
Disorder, Violence, and Gender', Law and Human Behavior, 27, pp. 561-71. Copyright © 2003 American
Psychology - Law Society; William J. Koch, Melanie O'Neill and Kevin S. Douglas (2005), `Empirical
Limits for the Forensic Assessment of PTSD Litigants', Law and Human Behavior, 29, pp. 121-49.
Copyright © 2005 Springer Science and Business Media Inc.; Thomas Grisso, Laurence Steinberg, Jennifer
Woolard, Elizabeth Cauffman, Elizabeth Scott, Sandra Graham, Fran Lexcen, N. Dickon Reppucci and
Robert Schwartz (2003), 'Juveniles' Competence to Stand Trial: A Comparison of Adolescents' and Adults'
Capacities as Trial Defendants', Law and Human Behavior, 27, pp. 333-63. Copyright © 2003 American
Psychology; Robert A. Nicholson and Steve Norwood (2000), `The Quality of Forensic Psychological
Assessments, Reports, and Testimony: Acknowledging the Gap Between Promise and Practice', Law and
Human Behavior, 24, pp. 9-44. Copyright © 2000 American Psychology - Law Society; John Petrila
(2004), 'Emerging Issues in Forensic Mental Health', Psychiatric Quarterly, 75, pp. 3-19. Copyright ©
2004 Human Science Press, Inc; Candice L. Odgers, Marlene Moretti and N. Dickon Reppucci (2005),
`Examining the Science and Practice of Violence Risk Assessment with Female Adolescents', Law and
Human Behavior, 29, pp. 7-27. Copyright © 2005 American Psychology - Law Society.
Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked
the publishers will be pleased to make the necessary arrangement at the first opportunity.
Series Preface
Psychology now touches every corner of our lives. No serious consideration of any
newsworthy topic, from eating disorders to crime, from terrorism to new age beliefs, from
trauma to happiness, is complete without some examination of what systematic, scientific
psychology has to say on these matters. This means that psychology now runs the gamut from
neuroscience to sociology, by way of medicine and anthropology, geography and molecular
biology, connecting to virtually every area of scientific and professional life. This diversity
produces a vibrant and rich discipline in which every area of activity finds outlets across a
broad spectrum of publications.
Those who wish to gain an understanding of any area of psychology therefore either have
to rely on secondary sources or, if they want to connect with the original contributions that
define any domain of the discipline, must hunt through many areas of the library, often under
diverse headings.
The volumes in this series obviate those difficulties by bringing together under one set of
covers, carefully selected existing publications that are the definitive papers that characterize
a specific topic in psychology.
The editors for each volume have been chosen because they are internationally recognized
authorities. Therefore the selection of each editor, and the way in which it is organized into
discrete sections, is an important statement about the field.
Each volume of the International Library of Psychology thus collects in one place the
seminal and definitive journal articles that are creating current understanding of a specific
aspect of present-day psychology. As a resource for study and research the volumes ensure
that scholars and other professionals can gain ready access to original source material. As a
statement of the essence of the topic covered they provide a benchmark for understanding and
evaluating that aspect of psychology.
As this International Library emerges over the coming years it will help to specify what the
nature of 21st century psychology is and what its contribution is to the future of humanity.
DAVID CANTER
Series Editor
Professor of Psychology
University of Liverpool, UK
Introduction
Many trace the beginning of psychology and law to the early part of the twentieth century.
In 1908 Hugo Munsterberg published On the Witness Stand, a book in which he presented
a case for increased roles for psychologists in the legal system on issues such as eyewitness
testimony, false confessions and even hypnotism. Munsterberg's book was promptly met with
criticism, notably by John Henry Wigmore (1909), who put Munsterberg 'on trial' for making
false claims about the value of psychology's contributions to the law. At about the same time,
psychology and law was gaining a foothold in Europe. Pozzulo, Bennell and Forth (2006)
note that the first witness to provide expert testimony (on the topic of the effect of pre-trial
publicity on memory) in Europe took place in Germany in 1896, and later, in 1911, a Belgian
psychologist testified in a murder case about the reliability of child witnesses.
Although these early activities are important from an historical perspective, it was some
time before psychology began to develop a major role in the legal arena. Indeed, no substantive
growth of psychology and law took place until the latter part of the twentieth century when
an increasing number of psychologists became attracted to the field, professional associations
were formed, and journals devoted solely to psychology and law topics were initiated. In this
Introduction we will provide a brief overview of the field and a discussion of the sub-areas of
psychology and law that are reflected in this volume.
Psychology and law is a broad field that encompasses a range of roles that psychologists may
play in providing psychological knowledge, expertise or services to the legal system. The field
is sometimes referred to as forensic psychology, but others refer to it as legal psychology or
simply as psychology and law. 'The Specialty Guidelines for Forensic Psychologists' define
forensic psychology as referring to:
... all forms of professional psychological conduct when acting, with definable foreknowledge,
as a psychological expert on explicitly psycholegal issues, in direct assistance to courts, parties to
legal proceedings, correctional and forensic mental health facilities, and administrative, judicial, and
legislative agencies acting in an adjudicative capacity. (Committee on Ethical Guidelines for Forensic
Psychologists, 1991, p. 657)'
For convenience, in this Introduction we will use the terms 'forensic psychology' and
`psychology and law' to refer to the involvement of psychologists in the legal system in a broad
range of roles. This includes psychologists with backgrounds and training in clinical, social,
We had originally intended to include the 'Specialty Guidelines' in this volume, but they are
currently undergoing a major revision so we instead refer the interested reader to the update on the
American Psychology-Law Society webpage (http://www.ap-ls.org/links/professionalsgfp.html).
xiv Clinical Forensic Psychology and Law
Haney's Taxonomy
Haney (1980) has developed a threefold taxonomy for understanding the multiple relationships
of psychology and law: psychology in the law, psychology and law, and psychology of law.
Psychology in the law refers to the 'explicit and conventional use of psychology by lawyers in
the legal process' (Haney, 1980, p. 153). Examples include psychological testimony on legal
issues such as the insanity defence or competency to stand trial, but also expert consultation
in jury trials, including jury selection. Psychology and law involves the use of 'psychological
principles to analyse and examine the legal system' (ibid., p. 154). Examples include research
on eyewitness accuracy, false confessions and judicial decision-making. Psychology of law,
in which psychologists study issues such as why people need the law and why people obey
the law, is the third relationship.
Haney notes that the roles and expectations of psychologists are different for each of these
three relationships. In the first relationship, psychologists have a more passive role, since the
law defines the legal concepts that psychologists are asked to address. The second and third
relationships provide more autonomous roles for psychologists in that they can define the
legal issues which they address. Haney comments that while the majority of psychologists are
involved in the law, it is the other two relationships in which psychologists might have the
most impact on legal change through research that examines how the law actually works or
studies of changes that might improve legal procedures. An example of this is the research on
police line-ups, which formed the basis for recommendations by an APLS subcommittee for
changes in line-up and photospread procedures, many of which have been adopted by police
throughout the United States (see Wells et al., 1998).
When the field of psychology and law began to expand in the 1970s, the majority of
psychologists who conducted research or engaged in practice were not specifically trained
in psychology and law. This began to change with the creation of the first psychology and
law graduate programme by the University of Nebraska in 1973 (Krauss and Sales, 2006).
Clinical Forensic Psychology and Law xv
Since then, programmes have been established in many other universities in the United States,
Canada, Europe, Australia and elsewhere in the world. Some of them adopt the scientist—
practitioner model of clinical training, offering basic training in clinical psychology but with
an emphasis on forensic applications. Other programmes are non-clinical in nature, focusing
on training in more traditional fields of psychology, such as social, developmental or other
experimental areas of psychology. A few universities offer joint degrees, with students
obtaining a PhD and a law degree (see Bersoff et al., Chapter 25, this volume, for a discussion
of training models). In addition to graduate programmes, forensic psychologists participate in
workshops and other continuing education programmes in order to keep up to date with the
latest advances in psychology and law.
Professional Associations
There are a number of professional groups that represent forensic psychology. In North
America, the primary group is the American Psychology - Law Society (APLS), which is an
interdisciplinary organization devoted to scholarship, practice and public service in psychology
and law (see Grisso, 1991 for a history of the APLS). The APLS is a free-standing organization
as well as a division (Division 41) of the American Psychological Association. In Europe, the
European Association of Psychology and Law (EAPL) is the representative association, and in
Australia and New Zealand, it is the Australian and New Zealand Association for Psychiatry,
Psychology and the Law (ANZAPPL). The three associations hold a joint scholarly conference
every four years, in order to promote international collaborations and presentation of the latest
research findings. Law and Human Behavior, which began publication in 1977, was the first
journal devoted entirely to law and psychology. Since then, many new journals have entered
the field, reflecting the substantial increases in research and practice that psychology and law
has enjoyed over the past 40 years. The list is extensive but includes Criminal Behavior and
Mental Health, Behavioral Sciences and the Law and Legal and Criminological Psychology.
Volume Overview
This book is one of two volumes in the International Library of Psychology series published
by Ashgate. The other volume (Roesch and Gagnon, 2007) includes essays on five major
areas within psychology and law: eyewitnesses, memory, and the law; police investigations,
lie detection and false confessions; jury research; civil forensic issues; and social science and
the law.
The essays selected for this volume were limited to papers published in journals and they
reflect five primary sub-areas of clinical forensic psychology: criminal forensic assessment;
civil forensic assessment; forensic treatment; youth assessment and intervention; and forensic
practice: professional and ethical issues. A brief overview of each of these sections is offered
below.
xvi Clinical Forensic Psychology and Law
The criminal forensic assessment literature spans a broad range of theoretical and practice
issues across a number of assessment areas. For Part I of this volume we have chosen to
include essays that address the two major practice areas within criminal forensic assessment
— risk prediction and the assessment of criminal competency. There are many other forensic
assessment topics, but limitations of space precludes their inclusion (the interested reader is
referred to Heilbrun, 2001; Heilbrun, Marczyk and DeMatteo, 2002; Roesch, Viljoen and Hui,
2004).
Within the last 20 years, the forensic risk assessment literature has witnessed a boom in
research on risk factors and the development of risk assessment instruments. During the 1960s
and 1970s the primary conclusion from the small amount of research on predicting risk was
that there was an excessively high number of false positives (those predicted to be violent
but who were not), supporting the view that mental health professionals were not accurate
predictors of violence (Litwack and Schlesinger, 1999; Monahan, 1981). In the early 1980s
the amount of research and subsequent improvements in risk assessment began to change,
stimulated in large part by John Monahan's Predicting Violent Behavior (1981). In this
book Monahan acknowledged the poor record of clinicians, but also identified a number of
promising approaches that could help advance the field. This second generation of research
led to more sophisticated and empirically-based risk assessment instruments. Research using
these instruments showed that accuracy rates improved substantially (Borum, 1996; Douglas
and Webster, 1999; Monahan and Steadman, 1994). However, despite these advances,
prediction errors, while fewer, remain an important consideration in judging the utility of risk
assessments. As Otto has commented, 'mental health professionals still make a considerable
number of incorrect predictions, with false positives being the most common type of error'
(1992, p. 128).
These and other risk assessment issues are discussed Chapter 1. Here, Kevin Douglas,
David Cox and Christopher Webster outline a scientifically informed conceptual framework
for violence risk assessment guided by the scientist—practitioner model of training in clinical
psychology, which explicitly bases clinical practice on research findings when possible. In
the area of risk assessment this has resulted in substantial improvements in the ability to
make predictions about future risk and, perhaps more importantly, about how to manage risk
(Borum, 1996; Heilbrun, 2001; Litwack, Zapf, Groscup and Hart, 2006). Douglas and his
colleagues review key conceptual issues for clinicians, including definitions of violence and
violence risk assessment, clinical versus actuarial prediction, and the validity of violence risk
prediction. They also present a series of robust risk factors for the prediction of violence and
discuss the importance of empirically-validated structured clinical decision-making.
In Chapter 2 Kirk Heilbrun describes two models of risk assessment relevant to various
legal decisions, including both risk prediction and risk management. In contrast to the focus
on risk prediction in much of the theoretical and historical literature, Heilbrun makes the case
for an increased emphasis on risk reduction. His essay includes an informative discussion
regarding the appropriateness of these models within a variety of different legal decision-
making contexts and also describes the relevance of management/treatment-oriented risk
decisions. As a result of this rich clinical—legal review, Heilbrun concludes that careful
consideration of the legal context in which forensic mental health professionals are working
Clinical Forensic Psychology and Law xvii
will help to increase the relevance and accuracy of the information that they provide to legal
decision-makers.
Turning from broader to more narrow considerations within the field of criminal forensic
assessment and the risk prediction literature, the next two chapters in Part I have been
selected as informative examples of specific issues encountered by forensic mental health
practitioners. In Chapter 3 David Cooke, Christine Michie, Stephen Hart and Danny
Clark generally introduce personality disorder and psychopathy and provide an instructive
discussion of cross-cultural issues. In their study the authors investigate the cross-cultural
validity of the construct of psychopathy, as measured by the Psychopathy Checklist-Revised
(PCL-R), by comparing the psychopathy ratings of offenders from Canada, the United States
and a number of European countries, and their results provide evidence for significant cultural
bias in PCL-R ratings. This study also employs a sophisticated statistical evaluation of the
psychometric properties of the PCL-R across cultural samples, which will be useful as a
model for students and practitioners interested in conducting this type of research. Chapter
4 moves from the assessment of violence risk towards the specific risk factors associated
with sexual recidivism. Karl Hanson and Kelly Morton-Bourgnon present the results from
their meta-analysis of 82 recidivism studies and identify several major predictors of sexual
recidivism for adult and adolescent sexual offenders. The authors suggest that their findings,
in addition to informing forensic clinicians involved in applied risk assessments with sexual
offenders, may also be useful for professionals and researchers who wish to develop new, or
improve existing, treatment programmes for sexual offenders.
The final two chapters in Part I focus on the second major area within criminal forensic
assessment, and review issues relevant to the assessment of criminal competence. The legal
concept of competence to stand trial has its foundation in English common law and is designed
to protect the rights of defendants to a fair trial (Roesch, Zapf, Golding and Skeem, 1999).
A defendant can be found incompetent to stand trial if he or she is unable to understand
or participate adequately in his or her defence. If found incompetent, trial proceedings are
suspended and the defendant is treated until competence is restored, at which time the trial
may then resume. Psychologists have developed a number of forensic assessment instruments
to assess trial competence (see Poythress et al., 1999; Roesch, Zapf and Eaves, 2006).
Chapter 5, by Richard Bonnie, was selected because it constitutes a major theoretical turning
point for the conceptualization of the construct of criminal competence. Bonnie's reformulation
of competency continues to inform forensic mental health professionals and researchers
working in this field today. In this essay he proposes two primary types of competence. The
first, competence to assist counsel, refers to the minimum conditions required to participate
in one's own defence, such as understanding the charges and ability to communicate with
counsel. The second is decisional competence, which focuses on a defendant's decision-
making ability regarding legal options. He argues that the standards for evaluating each type
of competence should be fundamentally different. He notes that defendants unable to assist
counsel would need to be found incompetent and proceedings suspended until competence is
restored. However, defendants who have diminished decision-making ability could proceed
with a defence if a lawyer is able to present a defence and make decisions on behalf of the
client. Bonnie also reviews important legal principles informing criminal competence.
The final chapter in Part I is a research essay, by Patricia Zapf and Ronald Roesch, examining
the issue of criminal competence. They investigate the construct of competence in two
xviii Clinical Forensic Psychology and Law
different domains and the specific abilities required of different competencies. They question
the appropriateness of a North American legal position that there is to be one standard or level
for evaluating all types of criminal competence and suggest that decisions about competence
should be influenced by the type and complexity of the expected legal proceedings. Their
factor analysis, which uses three forensic instruments designed to assess various forms of
competence, finds that a single common construct does appear to underlie different types of
competence. While much of the work in conceptualizing competence has been theoretical
in nature, this study represents a good first step in examining competence through empirical
methods.
Forensic mental health practitioners are also heavily involved in civil cases, conducting
assessments in cases involving child custody, personal injury, civil competency and informed
consent to treatment and research. In Part II we have included essays that represent these key
civil issues.
The deinstitutionalization movement in North America and Europe resulted in many changes
to the manner in which individuals could be detained involuntarily (Bennett and Morris, 1983;
Mosher, 1983; Roesch and Golding, 1985). It also led to the release of many mental patients
into the community, although mental health services were unable to meet patients' needs as
most communities failed to provide the resources necessary to meet the new demands. The
result was an increasing number of mentally ill homeless individuals as well as an increase in
the number of mentally ill in prison (Roesch, 1995). The downsizing of mental hospitals has
also led to sometimes controversial alternatives, such as outpatient civil commitment (Petrila,
2007), which allows for involuntary mental health treatement in the community. Another
controversial area, at least in the United States, is the use of civil commitment to involuntarily
detain sexual offenders who have completed prison sentences (Petrila, 2007).
Given the changes to civil commitment laws in the US and many other countries, the legal
position of a civilly committed patient is a precarious one, and the field of psychology and
law has seen significant attention devoted to the civil rights of these individuals over the past
four decades. The opening chapter in Part II, by J. Legemaate, gives an informative overview
of the legal position of psychiatric patients and the major developments that have occurred in
the area of mental health law in several countries.
The essay by Paul Appelbaum and Thomas Grisso (Chapter 8) deals with issues surrounding
the abilities and rights of persons with a mental illness to make decisions about psychiatric
treatment. This essay is the first in a three-part series introducing the MacArthur Treatment
Competence Study — a large-scale project that aimed to develop reliable and valid information
with which to address clinical and policy questions in this area. In this introductory essay, the
authors present a brief history of legal principles, an overview of research on decision-making
capacities and mental illness, and review the various design considerations involved in the
conceptualization of this study.
As mental health and legal professionals have begun to reconsider assumptions concerning
individuals with mental illness hospitalized in the civil system, the relationship between
mental illness and violence has increasingly come into question (Monahan et al., 2001;
Mulvey, 1994). In Chapter 9 Pamela Robbins, John Monahan and Eric Silver present data
Clinical Forensic Psychology and Law xix
from their study investigating the relationship between gender and violence in a group of
acute psychiatric patients. They find similar rates of violence between men and women one
year following their release from hospital, but discuss interesting differences in the situational
context of the violence committed. For example, men were more likely to have been using
substances or alcohol and less likely to have been adhering to prescription medications prior
to committing violence, and, when violent, were more likely to cause serious injury than
women. By contrast, women were more likely to be violent towards family members and in
the home, and were less likely than men to be arrested after committing a violent act.
As we noted, forensic mental health professionals are called on with increasing frequency
to conduct evaluations in cases involving the psychological impact of trauma in tort litigation
and child custody (Committee on Professional Practice and Standards, 1994; Condie,
2003; Simon, 1995). The final two chapters in Part II review a number of clinical and legal
issues that mental health professionals should take into consideration when making these
decisions. In Chapter 10 William Koch, Melanie O'Neill and Kevin Douglas review the
limits of expert opinion on post-traumatic stress disorder in personal injury claims and offer
suggestions for improving forensic practice. In Chapter 11 Robert Emery, Randy Otto and
William O'Donohue review the theoretical, psychological and legal issues that complicate
child custody evaluations. Both essays provide a thorough review of relevant legal principles,
psychological research, and assessment instruments and methods with the aim of improving
the state of practice in these areas.
Forensic Treatment
As noted earlier, research on forensic assessment has dramatically increased in the last few
decades. By comparison, research on effective forensic treatment has been far less common.
Over the same period there has been a substantial increase in the number of adolescents and
adults with mental problems in both the juvenile and criminal justice systems (see Teplin,
Abram, McClelland, Dulcan, and Mericle, Chapter 18, this volume; and Roesch, 1995). At
times, the view has prevailed that treatment is not effective in these circumstances, but a
careful review of the research supports the conclusion reached by Gendreau, Coggin, French
and Smith that 'it is clear that correctional treatments founded on sound empirical principles
do work in reducing antisocial behavior' (2006, p. 743). In Part III of this volume we present
five essays dealing with aspects of the forensic treatment of adults.
In Chapter 12 Francis Cullen and Paul Gendreau provide a historical overview of the
treatment philosophies and approaches geared towards offenders over the past four decades.
Although their essay considers these issues from within the field of criminology, we chose
to include it in this volume because it closely parallels similar developments and changing
ideologies within the field of clinical forensic psychology. Cullen and Gendreau trace a recent
trend that has moved away from the pessimistic belief that 'nothing works' towards the
development of a professional ideology that asks 'what works' in the treatment of offenders.
Importantly, Cullen and Gendreau remind readers of a within-discipline tendency to become
locked in particular paradigms of understanding the world — a problem that crosses disciplinary
boundaries.
Historically, clinicians and researchers have taken an attitude of significant pessimism
when conceptualizing the therapeutic effectiveness of clinical intervention with psychopaths.
xx Clinical Forensic Psychology and Law
Clinical lore regarding the intractability of psychopathic traits can have far-reaching
consequences for individuals who are assigned this label in the real world. In Chapter 13
Randall Salekin challenges this assumption and reviews the lack of scientifically-based
evidence for these conclusions in the literature. After reviewing the important limitations with
regard to the research on psychopathy and treatment, he makes suggestions for both clinicians
and researchers interested in these issues.
When searching the clinical forensic treatment literature, we were struck by the absence
of published studies examining treatment outcomes for sexual offenders, and the lack of
well-designed outcome studies in this area. The study by Caroline Friendship, Ruth Mann
and Anthony Beech (Chapter 14) is one example of a control group design that sheds some
light on sex offender treatment. They describe the findings from a treatment efficacy study
examining the outcomes of a sexual offender treatment programme implemented in UK
prisons. Overall, they find that the treatment group had somewhat lower two-year sexual and/
or violent reconviction rates than the comparison group. However, this study is not without its
limitations, and the authors acknowledge several methodological problems inherent in their
study. Nevertheless, they make helpful recommendations for future research directions and
describe effective methodological approaches that readers may find informative.
In Chapter 15 Henrik Belfrage and Kevin Douglas report their findings from a study making
innovative use of a structured, clinical judgement risk assessment instrument — the HCR-20.
In the study they compared time of admission risk scores with scores spanning an 18-month
period of institutionalization in a sample of forensic psychiatric patients in Sweden and found
that patients with longer treatment times had lower scores on two of the three HCR-20 scales.
The authors discuss the implications of their results in terms of confirming the underlying
dynamic nature of violence risk factors and also suggest that clinicians and administrators can
use the HCR-20 and similar tools when considering treatment plans and intervention.
The final essay in Part III concerns the advent of mental health treatment courts. Authors
Merith Cosden, Jeffrey Ellens, Jeffrey Schnell, Yasmeen Yamini-Diouf and Maren Wolfe
discuss the implementation of a mental health treatment court and assertive community
treatment programme in California. They provide a thorough review of the special needs of
offenders with mental health and substance abuse problems and describe the revolving-door
phenomenon in which individuals are bounced between the courts, jails, community mental
health services and psychiatric hospitals without ever having their treatment needs met. This
study is unique in that it was able to compare the experiences of offenders randomly assigned
to either a traditional adversarial court and the accompanying traditional mental health referral
routes or to a newly developed non-adversarial criminal processing and intensive court-
supervision programme adapted from the drug court model. The essay reviews the findings
from this study and its implications for community outcomes.
We have included a separate section on 'Youth Assessment and Intervention' because issues
of assessment and treatment are substantially different for youth, compared to adults. For
example, with regard to risk assessment, the prevailing view is that long-term predictions
of recidivism or violence should be avoided. It is also likely that youth are more amenable
to treatment. The reasons for these differences are many, but they primarily centre on
Clinical Forensic Psychology and Law xxi
The next essay was included in an effort to address the recent rise in attention devoted to
school violence — a type of violence that is unique to early developmental periods. In Chapter
20 Edward Mulvey and Elizabeth Cauffman put recent media attention to school violence into
perspective and provide recommendations for appropriately improving the safety of schools.
Over the past few decades criminal courts have begun to acknowledge the importance
of ensuring that adolescents are competent to participate in criminal trials and make other
types of important legal decisions. In Chapter 21 Thomas Grisso and his colleagues describe
the results from a large-scale study in which they compared the adjudicative competence of
adults and adolescents in juvenile detention facilities across the United States. They found
that youths under the age of 15 performed more poorly than adults, and discuss a variety of
important developmental differences in the manner in which adolescents think about and
process information relevant to criminal justice system in comparison with adults. Implications
for policy and practice are also presented.
Finally, clinicians and researchers have proposed a variety of unique intervention approaches
that focus on the specific, developmentally informed treatment needs of adolescent offenders.
In Chapter 22 Charles Borduin describes a family-based therapeutic approach — multisystemic
therapy — that has increasingly been seen as a promising form of treatment for delinquent
adolescents. Borduin introduces and reviews this approach in terms of its theoretical, empirical
and clinical features and reviews a series of effectiveness studies. He also considers a number
of possible reasons why this form of therapy has demonstrated preliminary success. Randy
Borum (Chapter 23) also discusses treatment approaches for adolescent offenders, focusing
on community management strategies. His essay not only provides a thorough distillation of
the literature in this area but also makes several recommendations for intervention planning
in practice.
The essays presented in Part V address a number of important professional and ethical
issues confronted by those working in the field of clinical forensic psychology today. We
begin with an essay by Randy Otto and Kirk Heilbrun (Chapter 24) that provides a broad
overview of the field of forensic psychology as a professional discipline. Otto and Heilbrun
review the attainment of various landmarks within the development of the field, including
publication sources, professional memberships, practice standards, credentialing and training
programmes. They also assess the state of forensic assessment procedures and instruments
and make a number of important recommendations with regard to future directions for the
discipline.
Over the past few decades forensic psychology has become significantly more popular as
a field of study. Yet, despite the impressive growth within the profession, until recently little
had been done in the way of working towards creating effective training programmes and
streamlining the practice of forensic psychology. In 1995 a number of invited professionals
gathered at a national conference held at Villanova's law school and formed working groups
to formulate education and training models appropriate for undergraduate and graduate
students interested in pursuing careers in psychology and law. The essay by Donald Bersoff
et al. (Chapter 25) describes the product of this conference and outlines a variety of education
Clinical Forensic Psychology and Law xxiii
and training programmes available to students and scholars interested in joining this exciting
discipline.
The very nature of the discipline means that forensic mental health professionals encounter
difficult professional and ethical issues. Indeed, the intersection of psychology and law gives
rise to a number of unique challenges beyond those encountered in daily standard clinical
practice. All forensic mental health professionals must familiarize themselves with these
special problems, and Chapter 26 provides a comprehensive introduction to these issues.
Here, Stuart Greenberg and Daniel Shuman describe the challenge of role conflicts and outline
key differences between therapeutic and forensic relationships. Readers will also appreciate
the manner in which they situate these issues within the body of existing professional
guidelines.
The next essay focuses on practice challenges related to the content, nature and quality of
assessments carried out by forensic mental health professionals. Robert Nicholson and Steve
Norwood (Chapter 27) review the transformation that has taken place within the last ten years
in the practice and standards set by the field with respect to psychological evaluations within
legal contexts. They compare the current state of practice against aspirational standards and
guidelines, and identify several significant areas of weakness.
Chapter 28 by John Petrila nicely integrates much of the work presented in this volume and
directs readers towards a number of emerging issues in forensic mental health. Petrila applauds
the field for overcoming a number of challenging milestones over the past few decades, but
also highlights a need for continued improvement in a number of areas. He describes the need
for better integration of treatment and risk, the implications associated with the emergence
of special jurisdiction courts, the problematic criminalization' of adolescent offenders, and a
need for better understanding of the use of coercion in community treatment.
References
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York: Wiley, pp. 722-50.
Giedd, J., Blumenthal, J., Jeffries, N., Castellanos, F., Liu, H., Ijdenbos, A., Paus, T., Evans, A. and
Rapoport, J. (1999), `Brain Development During Childhood and Adolescence: A Longitudinal MRI
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Grisso, T. (1991), 'A Developmental History of the American Psychology-Law Society', Law and
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Haney, C. (1980), `Psychology and Legal Change: On the Limits of a Factual Jurisprudence', Law and
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Heilbrun, K. (2001), Principles of Forensic Mental Health Assessment, New York: Plenum.
Heilbrun, K., Marczyk, G.R. and DeMatteo, D.S. (2002), Principles of Forensic Health Assessment: A
Casebook, New York: Oxford University Press
Krauss, D.A. and Sales, B.D. (2006), 'Training in Forensic Psychology: Training for What Goal?', in
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Litwack, T.R. and Schlesinger, L. (1999), `Dangerousness Risk Assessments: Research, Legal, and
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(2nd edn), Hoboken, NJ: Wiley, pp. 171-217.
Litwack, T.R., Zapf, PA., Groscup, J.L. and Hart, S.D. (2006), 'Violence Risk Assessment: Research,
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Monahan, J. (1981), Predicting Violent Behavior, Beverly Hills, CA: Sage.
Monahan, J. and Steadman, H.J. (1994), Violence and Mental Disorder: Developments in Risk
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Monahan, J., Steadman, H.J., Silver, E., Appelbaum, A., Robbins, P., Mulvey, E., Roth, L., Grisso, T.
and Banks, S. (2001), Rethinking Risk Assessment.- The MacArthur Study of Mental Disorder and
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Mulvey, E.P. (1994), `Assessing the Evidence of a Link Between Mental Illness and Violence', Hospital
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Poythress, N., Nicholson, R., Otto, R.K., Edens, J.F., Bonnie, R.J., Monahan, J. and Hoge, S.K. (1999),
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Exploring the Variety of Random
Documents with Different Content
He who created the birds of the air,
Securely will keep me from trouble and
care:
He has taught the birds to fly;
Birds are glad, and so am I.
LITTLE JACK.
[Listen]
There was one Little Jack,
Not very long back,
And 'tis said to his lasting disgrace,
That he never was seen
With his hands at all clean,
Nor yet ever clean was his face.
Jane Taylor.
Up in the tree
Robin I see,
Picking one by one;
Shaking his bill,
Getting his fill,
Down his throat they run:
Robins want no cherry pie,
Quick they eat and off they fly.
My little child,
Patient and mild,
Surely will not cry.
Cherries are ripe,
Cherries are ripe,
But we will let them fall.
Cherries are ripe,
Cherries are ripe,
But bad for babies small
Gladly follow mother's will,
Be obedient, soft and still,
Waiting awhile,
Delighted you'll smile,
And joyful eat your fill.
BABY IS CRYING.
[To be sung by older children.]
[Listen]
Baby is crying,
While mother is trying
To make him be happy and still;
How shall we relieve him,
Or what shall we give him?
A top or a whistle or bell?
BABY IS SICK.
[Listen]
Baby is sick to-day,
His face is very pale:
He will not laugh or play,
I wish that he were well.
THE APPEAL.
[Listen]
Father, father, kiss thy child,
Hear my little song;
When my mother sweetly smil'd
—
Who pass'd along?
LOVE MY FATHER.
[Listen]
TO INFANT SCHOOL.
[Listen]
To infant school, to infant
school,
I hear the little bell;
O, come with me to infant
school,
And learn to read and spell.
THE FUNERAL.
CREATION.
[Listen]
He who spread out the sky,
That broad blue canopy,
Who made the glorious sun,
The moon to shine by night,
The stars with eye so bright,
He made thee, little one.
L. H. S.
QUESTIONS.
PLEYEL'S HYMN.[5]
[Listen]
Child, you're old enough to
know
That you need a Savior's love
That you are a sinner too,
All your wicked actions prove.
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