bluuebunny/crossref_metadata_2025 huggingface dataset:
Towards an empirical model of malingering and deception
Authors: Rogers Richard
Published: May 2007

Two models for the detection of dissimulation in mentally disordered individuals are presented. The first is a heuristic model summarizing useful indicators employed by practicing clinicians. The second and more extensive model integrates research findings from social‐psychological and clinical studies towards identifying empirically‐tested indicators of malingering and other forms of psychological deception.
Correlates of malingering
Authors: Sierles Frederick S.
Published: May 2007

The author presented anonymous questionnaires to 172 patients and 160 medical students to assess the frequency and correlates of malingering in various groups in a medical center on a V.A. campus. The results indicate that sociopaths, drug abusers, and alcoholics are more prone to malinger than other individuals, supporting previous assertions that mental health professionals should have a higher index of suspicion for malingering in these diagnostic groups. Race and age were found to have small but significant correlations with malingering, but at present, this finding must be viewed cautiously. No association was found between somatization disorder and malingering.
A study of presidential assassins
Authors: Heyman Marshall N.
Published: May 2007

Twenty‐two people who were presidential assassins and other similarly dangerous persons were assessed from information contained in Secret Service files and in published accounts. These documents were studied in order to determine common characteristics as well as other clues to the identification of potentially dangerous persons. Although there was no single pattern of development, there was a pattern of maladjustment that embraced common feelings of inadequacy or persecution, which led to similar patterns of behavior when attempting to resolve frustration. In practical terms, these profiles show:

A systematic pattern of inadequacy in dealing with social, intellectual, and vocational challenges.

A corresponding absence of any positive channel for achieving satisfaction or a sense of accomplishment.

In uniquely personal ways, each of these chronically frustrated individuals came to view his or her target either as the personification of the oppressive system, or as the agent through whom he or she could achieve “one great act,” or otherwise gain instant attention and status.
The so‐called duty to warn: The psychotherapeutic duty to protect third parties from patients' violent acts
Authors: Mills Mark J.
Published: May 2007

This article discusses the much‐misunderstood Tarasoff decision that requires psychotherapists to protect third parties from patients' violent acts. Through a normative approach, the paper analyzes four important issues: what to do when potential victims are unknown; what to do about the fact that the patients' potential for violence may be incorrectly perceived; the value of warning potential victims; and, the problem of discharging potentially violent patients from the hospital. The author proposes that the courts adopt a more flexible substantial departure test in most cases that involve psychiatric negligence.
Tarasoff v. confidentiality
Authors: Beigler Jerome S.
Published: May 2007

The Tarasoff decision is discussed as a logical extension of evolving legal doctrine imposing a special duty on caretakers. The mental health professions are being held to a standard of negligence and perhaps even to a standard of strict liability. Tarasoff is viewed as a part of society's interest in using the information disclosed in confidential relationships as a means of social control. This in turn is seen as part of a disquieting trend to curtail First Amendment rights. The adversarial nature of the relationship between the 1974 Tarasoff decision and the constitutional rights of patients to privacy, confidentiality, and privilege is discussed. The author re‐asserts: “As asepsis is to surgery, so is confidentiality to psychiatry” (Beigler, 1978, p. 255).
The prediction of violent behavior and the duty to protect third parties
Authors: Wettstein Robert M.
Published: May 2007

A considerable theoretical, empirical, and clinical literature has accumulated on the prediction of dangerous and violent behavior. Despite the pleas of mental health professionals that the prediction of violent behavior is not clinically feasible, courts upholding a therapist's duty to protect third parties have created a legal duty to do so. The first generation of research studies of the clinical prediction of violent behavior focused on long‐term predictions in offender populations, of little direct relevance to the setting of outpatient therapy with nonoffenders. More recent clinical research has centered on predictions of imminent violence in noncriminal populations, particularly in the process of involuntary hospitalization, but this reveals relatively low levels of predictive accuracy. Methodologic and ethical factors also limit the generalizability of such work. Given the likelihood that significant numbers of false positive predictions will result, especially in the low base rate population of outpatient treatment, it is suggested that therapists attempt to minimize the antitherapeutic influence of any breach of confidentiality.
Social science involvement in voir dire: Preliminary data on the effectiveness of “scientific jury selection”
Authors: Frederick Jeffrey T.
Published: May 2007

The validity of what has been termed “scientific” or “systematic” jury selection (SJS) techniques is addressed using data from two actual cases; one criminal and one civil. Data from the highly publicized Joan Little trial indicated that where validity data were available for the survey approach and in‐court rating of authoritarianism, these techniques measured what they purported to measure. Validation data were not available for a third technique—in‐court rating of nonverbal communication. Data from the civil case indicated that the survey approach could successfully predict verdicts of mock jurors. It is concluded that while these data are suggestive of the validity of two of the techniques used in SJS, more rigorous tests are essential before conclusions can be drawn.
Solving the eyewitness problem
Authors: Greene Edith , Loftus Elizabeth F.
Published: May 2007

Faulty eyewitness testimony is a major source of wrongful convictions. Four solutions are examined to safeguard against mistaken testimony having undue impact: (1) to overturn any conviction based solely on the uncorroborated testimony of a single eyewitness, (2) to require that an attorney be present at any pretrial identification procedure, (3) to allow an expert to testify during the trial about factors of perception and memory that could affect a witness's accuracy, and (4) to have the judge deliver a cautionary instruction to the jury, admonishing them to carefully scrutinize eyewitness testimony, or to educate them about such testimony. Each alternative is discussed within the context of psychological research and legal cases.
Police/law enforcement and psychology
Authors: Ostrov Eric
Published: May 2007

The number of areas of interface between psychology and law enforcement has grown sharply in the past few decades. At the same time the field of law enforcement‐related psychology has acquired increased knowledge and sophistication based on extensive research and practical experience. Areas of interface between law enforcement and psychology include selection of police officer candidates; fitness‐for‐duty evaluations; prevention and treatment of stress‐related disorders; hostage negotiation; psychological profiling of terrorists and mass murderers; and eyewitness testimony. Trends and developments in these areas are surveyed in this article.
Legal issues between psychology and law enforcement
Authors: Flanagan Catherine L.
Published: May 2007

A state of flux characterized by opinion and debate exists in the field of forensic psychology. Law enforcement psychologists are experiencing a growing need to be conversant with legal issues and decisions that impinge upon them, such as the recent judicial trend toward requiring psychological screening for high risk occupations. This article presents and integrates some of the recent developments and problematic areas in the field. A description of law enforcement psychology, psychological testing for high risk occupations, and the legal and ethical guidelines and problems associated with each is provided. Employee testing, the Frye decision, and the prediction of dangerousness and the duty to warn (protect) are discussed in conjunction with relevant case material and law.
Hostage negotiation: Law enforcement's most effective nonlethal weapon
Authors: Soskis David A. , Van Zandt Clinton R.
Published: May 2007

Hostage negotiation is perhaps the most explicitly psychological law enforcement discipline. The hostage negotiator attempts to form a trusting relationship with the hostage‐taker, to foster a sense of mutual interest and concern in the surrounded group, and to act as a credible broker between the hostage‐taker and the authorities. The technique has been applied to hostage situations involving trapped criminals, subjects with mental disorders, prison inmates, and terrorists. Although family members, friends, and helping professionals can provide useful information to help the negotiators, only law enforcement officers who are not in a command role should negotiate directly with the hostage‐taker. Careful selection and training, including multiple role playing exercises, can prepare negotiators for the considerable stresses they must face. These include deadlines, victim precipitated deaths, and the potential involvement of the negotiator in a tactical resolution of the hostage incident. Recently, the principles of hostage negotiation have been applied in a growing range of crisis situations.
Ethical dilemmas in forensic evaluations
Authors: Rogers Richard
Published: May 2007

Ethical issues emerging from forensic assessments are addressed from clinical and research perspectives. The relevance of agency, forensic identification, and attitudes toward defendants are explored within the framework of ethical practice. Finally, the ethical role of mental health professionals in the courtroom, the scope and basis of their testimony, and the rendering of conclusory opinions are discussed within a psycholegal context.
A descriptive study of rapists and child molesters: Developmental, clinical, and criminal characteristics
Authors: Bard Leonard A. , Carter Daniel L. , Cerce David D. , Knight Raymond A. , Rosenberg Ruth , Schneider Beth
Published: May 2007

Descriptive statistics were collected on a group of 184 men determined to be sexually dangerous and incarcerated in a correctional/mental health facility designed for the treatment of sexual offenders. Data were obtained by reviewing each patient's clinical file and abstracting information on over 600 discrete variables. Selected variables from that database were rationally grouped into five categories: (1) family, (2) child/juvenile, (3) adult/incompetence, (4) criminal, (5) clinical. Descriptive statistics were used to assess the prevalence of various characteristics among the entire sample, as well as between groups of rapists and child molesters. Results are discussed in terms of rapist‐child molester differences, and the more global issues of offender subtyping.
Somnambulism and the law: A review
Authors: Fenwick Peter
Published: May 2007

Scientific study of sleep has shown that sleepwalking and night terrors occur in stage 4 sleep. Both run in families, and are precipitated by various specific trigger factors. Behavior can be complex and purposeful and frequently may lead the sleeper into danger. Murder and assault while asleep do rarely occur, and the aggressive acts can appear purposeful, directed, and coordinated. Sleepwalking in the United Kingdom is considered a sane automatism and a successful plea of not guilty leads to an acquittal. Therefore, sleepwalking should only be accepted as a defense by forensic psychiatrists after establishing beyond reasonable doubt that the characteristics of a sleepwalking episode are present. The law on automatism in England is muddled and requires revision.
Attorneys' referrals for competency to stand trial evaluations: Comparisons of referred and nonreferred clients
Authors: Berman Lisa M. , Osbome Yvonne Hardaway
Published: May 2007

The purpose of this investigation was to compare defendants for whom the competency to stand trial (CTST) motion had been raised with those for whom it had not. Twenty attorneys (10 private, 10 public) rated six clients each on a questionnaire of demographic characteristics, behavioral descriptors, and attorney's certainty of incompetency for the clients who had the motion raised. Type of offense and educational level discriminated between the defendant groups, as did 8 of the 11 behavioral descriptor subscales. Speech disorganization was the only subscale that correlated with attorney certainty of client incompetency. The majority of the attorneys were found to be familiar with the Dusky criteria. Results are discussed in light of future studies and caution with respect to data from studies of only defendants referred for CTST evaluations.
The assessment of competency for execution: An overview
Authors: Heilbrun Kirk S.
Published: May 2007

Competency for execution is a legal competency that is an integral part of the capital punishment process in the United States. With the rapidly increasing population under death sentence, the issue of competency for execution is likely to be raised with increasing frequency in the coming years. This creates some compelling ethical issues for the mental health professions. The questions of whether mental health professionals should provide assessment of competency for execution and, if so, how the assessment should be performed, are issues of immediate urgency.
Florida after the furman decision: The effect of extralegal factors on the processing of capital offense cases
Authors: Foley Linda A.
Published: May 2007

This study investigated the existence of discrimination in the imposition of the death penalty in Florida after the Furman decision of 1972. The purpose of the study was to examine the differential effect of the race and sex of the defendant and the victim on the trial outcome, conviction offense and imposition of the death penalty. Differential treatment was apparent in each of the legal events examined. The results indicate that Florida's post‐Furman statute has been unsuccessful in eliminating differential treatment of offenders from the imposition of the death penalty.
The effects of legislative reform on civil commitment admission rates: A critical analysis
Authors: Bagby R. Michael , Atkinson Leslie
Published: May 2007

Many jurisdictions across North America have revised their statutes pertaining to the criteria for civil commitment with the legislative intent to either increase or decrease the use of involuntary hospitalization. The impact of these revised statutes has been examined in many jurisdictions, but there has been no consensus regarding their effectiveness in changing the rates of involuntary admissions. The present article reviews the literature from a methodological perspective, comparing the differing analyses, results and interpretations. When the legislative revision has sought to expand medical prerogative, results indicate a sustained increase in civil commitments. When legislation has aimed at limiting medical discretion, there was an immediate decline in civil commitment rates, but a subsequent increase in the period following the initial post‐reform declines. These results are discussed in terms of readmission trends, deinstitutionalization, and the possible reaction of mental health professionals who perceive legislation as an unnecessary constraint in the treatment of the mentally ill.
Outpatient civil commitment of the mentally ill: An overview and an update
Authors: Miller Robert D.
Published: May 2007

Civil commitment to outpatient psychiatric treatment has only recently become the subject of significant discussion, not only in the professional literature, but also in state legislatures and mental health departments. Task Forces from the American Psychiatric Association and the National Center for State Courts have drafted detailed reports on outpatient commitment, and a growing number of states have modified their statutes and regulations governing the process. The author presents the existing research literature on outpatient commitment in practice, reports recent statutory developments, and discusses specific areas of concern for those planning to propose or implement new procedures, including the right to refuse treatment, confidentiality, and the duty to warn or protect third parties.
The use of theories about the etiology of incest as guidelines for legal and therapeutic interventions
Authors: Haugaard Jeffrey J.
Published: May 2007

Explanations for the etiology of incest can be grouped into four general categories. Although some authors believe that one of the explanations is persuasive for most or all cases of incest, it appears that there is empirical and case report support for all four explanations. In this paper, it is suggested that assessing which of the four explanations best characterizes a particular incestuous family will provide valuable guidelines for determining the most appropriate legal and therapeutic interventions for that family.
Deviant sexual arousal, offense history, and demographic variables as predictors of reoffense among child molesters
Authors: Barbaree Howard E. , Marshall William L.
Published: May 2007

The present study examined selected demographic and offense history variables and deviant sexual arousal as predictors of reoffense in a group of 35 untreated child molesters. The measure of deviant sexual arousal was based on laboratory measures of sexual preference using penile plethysmography. Factor analysis of the predictor variables yielded three factors. The measure of deviant arousal, the amount of force used in the offense, whether or not the offender had intercourse with the child victim, and the number of previous victims loaded on the first factor, called Sexual Deviance. IQ and socioeconomic status loaded on the second factor, called Social Status. Age of the offender and age of the victim loaded on the third factor, called Offender Age. Entering the sets of three factor scores as predictors in a multiple correlation, over 20% of the variance in recidivism was explained, but the factor Sexual Deviance was the only significant predictor of recidivism (p < .02). Almost 30% of the variance in number of reoffenses was explained, and both Sexual Deviance (p < .01) and Social Status (p < .10) were significant predictors. A cluster analysis identified a group of offenders characterized by low SES and low IQ who also showed higher sexual deviance scores and a high rate of reoffense.
Assessments of the treatability of forensic patients
Authors: Quinsey Vernon L.
Published: May 2007

The treatment of mentally disordered offenders receives very little attention in the literature both by itself and in comparison to other psychological issues such as the insanity defense and the prediction of dangerousness. It is argued that the treatment of mentally disordered offenders should be seen as the more central issue and that the development of an effective technology of change can, in principle, resolve certain problems with the insanity defense and the prediction of dangerousness. From this viewpoint, assessments of treatability should be seen as more practically relevant to dispositional decisions than assessments of criminal responsibility, and improvements in the effectiveness of treatment a better approach to the problem of dangerousness than attempts to improve predictive methods.
Decompressing aggressive inpatients: Breaking the aggression cycle to enhance positive outcome
Authors: Monroe Craig M. , Van Rybroek Gregory J. , Maier Gary J.
Published: May 2007

Prolonged seclusions can result in exacerbation of psychotic symptomatology, self‐injurious behavior, and increased likelihood of subsequent aggression. A patient's aggression can be contextualized as an interpersonal and cyclic series of events in which both the staff and the patient can play a contributing role. If this cycle can be interrupted, the likelihood of aggression decreases. The authors describe this aggression cycle and some strategies for interrupting it via a “decompression” treatment modality. Four case examples illustrate the range of outcomes achieved with patients who had been secluded for between 2 to 5 years due to their chronic history of aggression. The authors offer suggestions for developing a decompression treatment program.
A study of enforced treatment in relation to Stone's “thank you” theory
Authors: Beck James C. , Golowka Edward A.
Published: May 2007

The authors investigated the attitudes of 104 state hospital patients concerning their own hospitalization and treatment. Sixty patients were reinterviewed at discharge; nearly two‐thirds of these were involuntary patients who initially doubted the value of their hospitalization. At discharge, 15 of these involuntary patients had modified their views, perceiving hospitalization as helpful. These patients, in contrast to those who maintained that hospitalization had not been helpful, were younger, diagnosed schizophrenic or affective disorder, and were judged as improved at discharge. The authors discuss the results in relation to Stone's “thank you” theory, and conclude that only when high quality treatment is available for an Axis I disorder should involuntary hospitalizaton be considered as a possible treatment option.
The myth of judicial leniency in sentencing
Authors: Diamond Shari Seidman , Stalans Loretta J.
Published: May 2007

Opinion polls report that the pubic is increasingly critical of perceived judicial leniency in sentencing. To examine the degree and pattern of judicial leniency, Illinois judges and laypersons were asked to impose sentences on the same offenders. Contrary to the myth of judicial leniency, the sentences given by laypersons tended to be equal to or less severe than those given by judges. Explanations are offered for the divergence between myth and reality, including the availability heuristic and the impact of biased recall.
Patterns of recidivism and relapse among groups of mentally disordered offenders
Authors: Hodgins Sheilagh , Gaston Louise
Published: May 2007

The management and treatment of mentally disordered offenders is significantly hindered by our lack of detailed knowledge of this population. The present investigation attempted to identify five groups of male, mentally disordered offenders that are distinctive with respect to treatment needs: career criminals, chronic schizophrenics, violent psychotics, violent middleclass individuals, and intellectually handicapped subjects. It was hypothesized that patterns of recidivism and relapse would be different for each of these groups. A sample of 181 males previously judged unfit to stand trial or not guilty by reason of insanity were followed for an average of 6.1 years after discharge to the community. Factors relating to recidivism but not to relapse were found to distinguish the five groups.
Feigned insanity in nineteenth‐century America: Tactics, trials, and truth
Authors: Geller Jeffrey L. , Erlen Jonathon , Kaye Neil S. , Fisher William H.
Published: May 2007

Feigned insanity in nineteenth‐century America is appraised through a review of the medical and legal literature. The authors focus on the explanations for feigning, procedures used in uncovering feigning, and the role of feigning in the courtroom. This discussion of feigned insanity demonstrates the remarkable consistency of approach to this form of malingering over the past 200 years.
An MMPI‐based empirical model of malingering and deception
Authors: Heilbrun Kirk , Bennett William S. , White Adam J. , Kelly Jennifer
Published: May 2007

The empirically‐based model of malingering and deception described by Rogers (1984b) was operationalized using MMPI and clinical interview data. Subjects (N = 159) were patients committed to an inpatient forensic hospital as ‘Incompetent to Stand Trial’ or ‘Not Guilty by Reason of Insanity’. Inter‐rater reliability was acceptable for the 11 criteria used to define response styles. Each subject was categorized into one of five response style groups: ‘Reliable’, ‘Malingering’, ‘Defensive’, ‘Irrelevant’, or ‘Unclassifiable’. Factor analysis of the rating criteria yielded four factors, three of which are comparable to the assigned groups, providing some validation for the constructs underlying these groups.
Differential diagnosis of malingering and factitious disorder with physical symptoms
Authors: Overholser James C.
Published: May 2007

The present article attempts to clarify the difficult diagnostic discrimination between malingering and factitious disorder with physical symptoms. It is proposed that diagnostic evaluations focusing on the patient's observed symptomatology will be limited in their accuracy and utility. Instead, a longitudinal approach is needed to include the course of the disorder over time, its response to treatment, and the proposed etiology of the disorder. It is hoped that with a better understanding of these two disorders, prompt and accurate diagnosis can lay the foundation for effective management of both malingering and factitious disorders.
Distortions and deceptions in self presentation: Effects of protracted litigation in personal injury cases
Authors: Weissman Herbert N.
Published: May 2007

The goal of diagnostic examinations in personal injury lawsuits is to ascertain genuineness and substantiality of claimed impairments so that ‘damages’ can be accurately defined. These examinations require consideration of the potential role of malingering and other deceptive response styles in determining the nature and extent of impairment. Involvement in litigation renders plaintiffs susceptible to stressors and to influences that may lead to increased impairment, biased reportage, and retarded recovery. Underlying personality patterns play a critical role in defining and shaping reactions to trauma, to the stress of litigation, and to treatment interventions. Protracted litigation creates conditions that promote mnemonic and attitudinal distortions, as well as conscious and unconscious motivations for secondary gain. The presence of non‐legally relevant factors provides the opportunity for proportionate attribution of causation. An assessment model is proposed for analyzing elements of causation.
A psychological test battery to detect prison inmates who fake insanity or mental retardation
Authors: Schretlen David , Arkowitz Hal
Published: May 2007

A contrasted groups design was used to investigate the accuracy with which a test battery could detect persons faking mental disorder. The MMPI and Bender Gestalt were used in combination with a Malingering Scale that was developed for initial validation. One hundred adult males comprised five groups of 20 subjects each. Noncriminal psychiatric inpatients and mental retardates were compared with prison inmates who were given a financial incentive to successfully fake ‘insanity’ or mental retardation, and with inmate controls. Based on discriminant analyses, 92 to 95% of subjects were correctly classified as either faking or not faking. Although cross‐validation is needed, this study reduced many of the analog factors which have comprised the generalizability of previous findings.
Detection of dissimulation with the new generation of objective personality measures
Authors: Bagby R. Michael , Gillis J. Roy , Dickens Susan
Published: May 2007

This study investigated the effectiveness of two recently developed measures of psychopathology—the Basic Personality Inventory (BPI) and the Millon Clinical Multiaxial (Inventory‐II) (MCMI‐II) in detecting dissimulation (i.e., faking good and faking bad). Both personality measures have developed special ‘validity scales’ to discern dissimulating responses. Ninety‐one undergraduate students completed the two personality scales under one of three instructional sets: fake good, fake bad, and honest. In general, the results indicated that both scales were effective in distinguishing the groups from one another. The MCMI‐II was better at detecting fake bad responding, while the BPI appeared to be more effective in detecting fake good responding. These differences in identifying fake good and fake bad response styles can be attributed to the method in which the scales were constructed.
Who's to blame: Attributions regarding causality in spouse abuse
Authors: Overholser James C. , Moll Sara H.
Published: May 2007

Spouse abuse is examined from the perspective of attribution theory. Aggressors are seen as attributing their violent behavior to external causes, whether by projecting their negative traits onto their spouses or by finding excuses which blame temporary environmental factors. In contrast, victims often attribute the abuse to defects within themselves or situational factors affecting their spouses. The attribution process seems affected by the frequency, intensity and duration of the abuse, with temporal factors playing an important role in the woman's internalizing style. Furthermore, inadequate early coping efforts play a powerful role in establishing cognitive‐perceptual patterns that serve to perpetuate the abuse.
Social psychology, ‘marital rape exemptions’, and privacy
Authors: Small Mark A. , Tetreault Pat A.
Published: May 2007

A 50‐state statutory search revealed that variations exist in marital rape exemptions throughout the United States. States handle the question of marital rape in one of three ways: (1) by abolishing the exemption for husbands; (2) by qualifying the exemption; or (3) by allowing the exemption. Although marital rape is a topic that has been largely ignored by social psychology, it is an area ripe for psycho‐legal analysis. Possible relationships between social psychology, marital rape exemptions, and privacy are discussed against a background of a psychological jurisprudence.
Training in law and behavioral sciences: Issues from a legal educator's perspective
Authors: Wexler David B.
Published: May 2007

This article discusses the potential value of law and behavioral science training for the ‘typical’ law student and examines the extent to which courses in Law and Social Science and Mental Health Law live up to their training potential.
Training and career options in psychology and law
Authors: Tomkins Alan J. , Ogloff James R. P.
Published: May 2007

This article examines various training and career options in psychology and law. Data are discussed from a survey of universities which offer psycholegal training. Psycho‐legal training programs in the US and Canada are identified. We also discuss policy and research careers for persons jointly trained in psychology and law.
Training and credentialing in forensic psychology
Authors: Otto Randy K. , Heilbrun Kirk , Grisso Thomas
Published: May 2007

The number of training programs in forensic psychology has grown considerably in the past 15 years. Numerous opportunities exist for individuals interested in pursuing careers in the forensic area. Interdisciplinary training in several forms is discussed: J.D. ‐Ph.D. Programs, specialist Ph.D. Programs, predoctoral internships, and postdoctoral fellowships. Continuing professional education, credentialing, and board certification in forensic psychology are also addressed. Despite the face validity of these various types of training and credentialing, little is known about their relative utilities.
Training in law and behavioral sciences: Issues from the criminal justice perspective
Authors: Wallace Donald H.
Published: May 2007

Interdisciplinary training in behavioral sciences and the law should be appropriate for a criminal justice education program. However, adopting such an interdisciplinary goal is problematic because the divisions in the types of educational curricula need to be confronted. The relationships of the criminal justice academic community with the profession, and of the behavioral sciences with present criminal justice policies, must also be addressed in the attempt to develop familiarity with behavioral sciences and their legal relevance in shaping the criminal justice system. These factors may hinder extensive implementation of such training. Suggestions are made for incorporating this raining in a criminal justice curriculum.
Training and careers in law and psychology: The perspective of students and graduates of dual degree programs
Authors: Hafemeister Thomas L. , Ogloff James R. P. , Small Mark A.
Published: May 2007

Over the last 15 years, commentators have discussed the relative merit—or lack of merit—of J.D.‐Ph.D. training programs in law and psychology. Missing from the discussion, however, are the views of those who have enrolled in and completed dual degree programs. The authors, graduates of a law‐psychology training program, provide both empirical data and their own views concerning the merit of joint degree training in law and psychology. As part of an effort to generate testable hypotheses regarding dual degree programs, the authors conclude that J.D.‐Ph.D. training in law and psychology provides unique insights, skills and opportunities which may be unequalled by other approaches to training in the area.
Medicolegal stress at work
Authors: Bale Anthony
Published: May 2007

Connections between work, stress, and emotional distress have become the object of extensive litigation in the workers' compensation system and other legal forums. This article examines some of this activity from the perspective of medicolegal sociology. It explores five forums in which discussion of these connections takes place‐every day life, science, within organizations, adjudicatory inquiries, public policy‐and the moral stress discourse that helps bind these discussions together. Particular attention is paid to stress litigation stemming from investigations into violations of the law, principdy police work. Workers' compensation stress claims are viewed as part of an extensive societal medicolegal inquiry into the emotional underlife of work organizations.
Investigations of child abuse/neglect allegations in religious cults: A case study in Vermont
Authors: Malcarne Vanessa L. , Burchard John D.
Published: May 2007

State investigations into allegations of child abuse and/or neglect are made particularly difficult when the adults involved refuse to cooperate with the investigation. Attempts by state agencies to investigate allegations of child abus/neglect made against noncooperative religious cults have proved particularly challenging, since the nature of these groups makes identification of and access to child and adult members problematic. Such cases prove especially difficult when religious beliefs held by cult members justify and even endorse physical discipline of children that many states would define as abusive. An illustration of these problems is provided by an in‐depth description of a recent case in which state officials in Vermont attempted to investigate child abuse allegations against members of a religious cult. Social policy issues are discussed, and suggested statutory revisions are presented.
A critical evaluation of coercive persuasion as used in the assessment of cults
Authors: Young John L. , Griffith Ezra E. H.
Published: May 2007

An intense controversy regarding new and unpopular religious movements, or cults, continues to involve professionals at the juncture of psychiatry, religion, and the law. As the cults come under increasingly critical scrutiny, the concept most often used for assessing them is that of coercive persuasion. Briefly, such persuasion is seen as a means of psychological manipulation that leaves individuals without the normal control of their own minds. Considering recent pertinent cases and literature, the authors find major weaknesses in this theory. When applied it proves elastic, and it is regularly identified in cults for conduct that, on close examination, is similar to that of established religious groups. The concept of coercive persuasion as a means of thought control fails to pass scientific muster, and it serves poorly as a means of evaluating the connection between alleged harm and the cults. Instead, the authors suggest that a search for an alternative theory might well begin with one based on the individual as competent or not to make a choice regarding religion.
Race, fairness, and jury selection
Authors: Golash Deirdre
Published: May 2007

The Supreme Court in recent years has made efforts to change the demographic composition of juries. These effects are in part explainable on the basis of fairness to prospective jurors; but the Court also suggests that the demographic composition of the jury is important to the fairness of the trial. In some respects fairness may be improved by a jury demographically close to the defendant, while in other respects it may be improved by a diverse jury or a jury representative of the community. These effects occur only if there are real differences among demographic groups; however, the existence of such differences precludes the simultaneous achievement of both types of effects. Further, random selection of jurors prevents the optimization of either set of effects. I conclude that recent changes in jury selection law do not improve the fairness of the trial process, but only the appearance of fairness.
Recipients' affective responses to affirmative action interventions: A cross‐cultural perspective
Authors: Arthur Winfred , Doverspike Dennis , Fuentes Rick
Published: May 2007

This study investigated whether individualism‐collectivism (cultural) differences would account for the observed relationship between ethnic group status and affective responses to and fairness perceptions of affirmative action interventions. Forty‐nine international (Latin America and East Asia), 116 minority, and 106 majority participants from a major southwestern university and its community provided fairness and affective response ratings to an affirmative action scenario. Implementation policy and qualification of the recipient were also manipulated. Though ethnicity was related to individualism‐collectivism, the latter did not explain any variance in affective response ratings. Minority and international participants reported more positive affect and higher agreement and fairness levels than did majority participants. Participants in the preferential treatment and equally qualified conditions had more favorable responses than those in the reverse‐discrimination and less qualified conditions.
The competence of criminal defendants: A theoretical reformulation
Authors: Bonnie Richard J.
Published: May 2007

“Competence” of criminal defendants is best viewed not as an open‐textured single construct but rather as two related but separable constructs‐a foundational concept of competence to assist counsel, and a contextualized concept of decisional competence. This approach has several advantages. First, it provides a useful explanatory framework for the settled features of existing law. Second, it helps to clarify the issues in areas where the law is unsettled or controversial, such as the circumstances under which incompetence bars adjudication and the abilities required for decisional competence. Third, it exposes the similarities between competencies in criminal defense and competencies in other legal contexts, and thereby helps to link what have been discrete literatures in both law and behavioral science. Fourth, because this approach is derived from a theoretical analysis of the purposes of the pertinent legal rules, it provides a framework for defining the “psycho‐legal abilities” that are encompassed by each of the two competence constructs. In this respect, a relatively simple reconceptualization has surprisingly concrete implications for designing a program of empirical research and, eventually, for improving the scientific basis of competence assessments in criminal cases.
Five‐year research update (1986‐1990): Evaluations for competence to stand trial
Authors: Grisso Thomas
Published: May 2007

This article reviews and evaluates publications during 1986–1990 with relevance for assessments of competence to stand trial. The review focuses specifically on articles that provide new concepts or data supported by research or case studies. The studies are reviewed under the following headings; (a) the systemic context of competence to stand trial (CST) evaluations, (b) conceptual definitions of competence and models for CST assessment, (c) research on CST assessment methods, (d) characteristics of incompetent defendants, (e) interpretation of CST evaluation data, (f) issues in CST assessment of special populations, and (g) treatment to restore competence. Suggestions are offered for further research to advance the quality of clinical evaluations for competence to stand trial.
Recovered memories of alleged sexual abuse: Lawsuits against parents
Authors: Wakefield Hollida , Underwager Ralph
Published: May 2007

Recently there has been increased civil litigation by adults suing parents and others for sexual abuse following the recovering of memories of the abuse through therapy. The memories are recovered with the help of therapists who use concepts such as repression and dissociation to account for the lack of memories and who then use techniques such as hypnosis and survivors' groups. However, the claims of repressed memories of childhood sexual abuse recovered in the course of therapy are unlikely to be supported by empirical data.
Therapeutic jurisprudence and changing conceptions of legal scholarship
Authors: Wexler David B.
Published: May 2007

This article traces changes in the nature of legal scholarship and illustrates how therapeutic jurisprudence reflects changing conceptions of the law and legal scholarship. It argues that therapeutic jurisprudence may be regarded as a mental health law counterpart to „New Public Law,”︁ and shows that questions asked by therapeutic jurisprudence scholars parallel closely those asked by public law scholars.
Sanism, social science, and the development of mental disability law jurisprudence
Authors: Perlin Michael L. , Dorfman Deborah A.
Published: May 2007

This article examines the way that „sanist”︁ attitudes (attitudes driven by the same kind of irrational, unconscious and bias–driven stereotypes exhibited in racist and sexist decisionmaking) lead to „pretextual”︁ decisions (in which dishonest testimony is either explicitly or implicitly accepted) in mental disability law jurisprudence. In conjunction with these sanist ends, social science data is teleologically employed by legal decisionmakers, so that it is privileged when it supports a conclusion that the fact‐finder wishes to reach but subordinated when it questions such a conclusion. The article examines recent Supreme Court cases in an effort to determine the extent of domination of such sanist behavior, and concludes by offering several prescriptions to scholars and policymakers so as to best avoid sanism's pernicious power.
The autonomy–community balance and the equity–law distinction: Anarchy's task for psychological jurisprudence
Authors: Fox Dennis R.
Published: May 2007

Anarchist political theory holds that efforts to achieve an optimal balance between individual autonomy and psychological sense of community are often hindered rather than helped by institutionalized legal principles and practices. Despite law's dominance, echoes of earlier forms of social organization more in keeping with optimal well‐being may be identified in legal doctrine related to such topics as the distinction between law and equity, jury nullification, and the Ninth Amendment, all of which have been subject to much criticism. Adherents of psychological jurisprudence concerned with the subjective experience of law and with social justice should take seriously the anarchist position that radical social change is needed to help society progress in a direction more suited to basic human needs and values.
The lifestyle criminality screening form and antisocial personality disorder: Predicting release outcome in a state prison sample
Authors: Walters Glenn D. , Chlumsky Michael L.
Published: May 2007

The Lifestyle Criminality Screening Form (LCSF) was compared with a clinical diagnosis of Antisocial Personality Disorder for the purposes of determining the relative efficiency of each measure in predicting the release outcome of 100 medium security New Mexico state prisoners. An 18‐month follow‐up revealed that high LCSF scores (total score ≦ 10) and clinical diagnoses of Antisocial Personality Disorder effectively identified inmates who were eventually reincarcerated for a parole violation or new offense. However, because substantial overlap occurred between these two predictors (kappa =.58) partial correlations were calculated and revealed that only the LCSF displayed a robust relationship with release outcome independent of the other predictor measure.
Definitions of physical abuse: A preliminary inquiry into children's perceptions
Authors: Cruise Keith R. , Jacobs Janis E. , Lyons Phillip M.
Published: May 2007

Research and policy‐makers have frequently called for operational definitions of child abuse, however neither group has considered including children's perceptions of what constitutes abuse. The purpose of this study was to expand the discussion on definitions of child abuse by examining children's perceptions of physical abuse. This was done by collecting data to begin to document abused children's ratings of the seriousness of various abusive acts and to begin to examine gender and age differences in children's perceptions. The data revealed significant differences in children's perceptions of the seriousness of specific acts of abuse and a significant interaction between age and type of abuse. Although young children generally produced lower seriousness ratings than older children, their ratings were significantly lower on only a few types of abuse. When children's ratings were compared to similar ratings reported in earlier studies of adolescents, community members, and mental health professionals, the children in this study rated the abusive acts as less serious than the adolescents or community members, but very similar to the professionals who work in the area of child abuse and neglect. Although this must be considered a preliminary investigation, the potential implications for various legal and social contexts are discussed.
Child abuse and neglect reporting laws: Understanding interests, understanding policy
Authors: Brooks Catherine M. , Perry Nancy W. , Starr Stephen D. , Teply Larry L.
Published: May 2007

This article focuses on the interests of the persons involved in the child abuse and neglect reporting process—(1) the child, the accused, and the family members of the child and of the accused; (2) physicians, psychologists, therapists, private agency and hospital social workers, educators, and other professionals; (3) law enforcement officers, state social service workers, lawyers, and judges; and (4) legislators. With this focus, the article illuminates the rationales and explicit and implicit policy choices reflected in the legislation's reporting requirements and processes. Such insight is necessary to a critical review of existing legislation and future improvements in the practical operation of reporting law legislation. This article demonstrates that the interaction of these interests is complex and often creates competing concerns and goals. This article concludes that efforts should be made to better harmonize these interests in future legislation.