bluuebunny/crossref_metadata_2025_split huggingface dataset:
Assessment of Childhood Trauma
Authors: Sparta Steven N. 
Published: November 2003

AbstractLegally contested issues involving children may include a variety of traumatic events. Forensic referrals regarding childhood trauma differ in purpose, including, but not limited to, those associated with personal injury litigation, child abuse cases, child custody conflicts (including allegations of child abuse or domestic violence), special education eligibility, and delinquency cases in which PTSD may be relevant to the offense or the potential for rehabilitation. Forensically relevant referrals can represent a wide variety of interpersonal and noninterpersonal forms of trauma. How a child reacts to a stressful event is a function of a complex biopsychosocial process, including, but not limited to, the level of stress, the nature of the traumatic event, the child's coping ability, predisposition for autonomic arousal, the child's personality, and the availability for constructive support following the trauma. The forensic assessment is different in scope, purpose, and method than the traditional clinical evaluation, including the use of assessment instruments and interview formats consistent with the nature of the trauma being considered and the child's stage of developmental functioning. Each type of referral demands knowledge of the specifically relevant law of the applicable jurisdiction, developmentally appropriate understanding about the nature of the trauma, and must focus on the relevant psycho‐legal questions. Trauma‐related evaluations which are objectively performed, utilizing multimodal assessment methods, and integrate specialized knowledge about trauma and its effects upon children can provide the trier of fact with valuable information necessary to a decision.
Personal Injury Examinations in Torts for Emotional Distress
Authors: Greenberg Stuart A. 
Published: November 2003

Abstract
Public policy usually allows persons who have been harmed to claim compensation from the perpetrators of that harm, even when the harm is not a crime. At first, the law only allowed compensation for physical harm. As the law has evolved, most jurisdictions also allow compensatory damages for psychological harm under a variety of legal conditions. The plaintiff must persuade a jury, to a preponderance of the evidence, that he or she was psychologically damaged in a legally qualifying way. The jury then considers what compensation would be just in returning the plaintiff to the equivalent of his or her condition before the claimed event. This legal conceptualization requires that the forensic examiner consider the plaintiff's functioning prior to the claimed event, the degree of distress likely to be engendered by the event, areas of resiliency and impairment in the plaintiff's functioning after the event, the likely cause of any psychological impairment in the plaintiff's functioning, and the plaintiff's likely future status and need for care to ameliorate the impairments caused by the defendant. This chapter reviews the legal bases of such examinations, describes how to conduct the examinations, and provides model testimony for how to explain the results of these examinations to juries.
Assessing Employment Discrimination and Harassment
Authors: Vasquez Melba J. T. , Baker Nancy Lynn , Shullman Sandra L. 
Published: November 2003

AbstractThis chapter reviews the legal basis for discrimination complaints. It provides a brief review of the history of discrimination law; forms of legal discrimination claims; harassment and, in particular, sexual harassment as a form of discrimination; employer liability, hostile environments, and evolving legal standards. In addition, the authors describe an overview of the psychological literature. This includes a review of the psychological research to date on sex discrimination, sexual harassment, racial discrimination, the intersection of race and gender, and the effects and remediation of discrimination. Psychologists’ roles in court and the assessment process in employment discrimination and harassment are also addressed. A discussion of future legal and psychological issues are also provided.
Substituted Judgment: Roles for the Forensic Psychologist
Authors: Drogin Eric Y. , Barrett Curtis L. 
Published: November 2003

AbstractSubstituted judgment involves the replacement of an individual's decision making with that of guardians, conservators, curators, surrogates, executors, or other appointed persons or agencies. Depending upon timing, impairment severity, and available resources, substituted judgment may occur on the basis of expressions of personal choice or as the result of adversarial legal action. Determining the need for substituted judgment is an expanding area of practice and research for forensic psychologists. Substitutions for an individual's prior judgment involve a varied palette of advance directives (including living wills, durable powers of attorney, and health care surrogacies). Substitutions for present judgment address a person's right to refuse treatment and the related doctrine of informed consent. Substitutions for future judgment concern the related interventions of guardianship and conservatorship, pertaining to personal and financial affairs, respectively. Historically, these determinations were dominated by adversarial models of legal decision making, without benefit of adequately developed scientific methodology. Today, forensic psychologists may draw from a growing arsenal of standardized tests, structured interviews, and investigative protocols. Advances in mental health scholarship and practice have contributed to the promulgation of statutes and regulations that provide greater flexibility of individual rights, while offering an extended range of protections for persons with disabilities.
Competence to Confess
Authors: Oberlander Lois B. , Goldstein Naomi E. , Goldstein Alan M. 
Published: November 2003

AbstractConfessional evidence typically is highly persuasive in criminal trials, especially when it is the primary source of evidence offered by the prosecution. Prior to obtaining a confession from a suspect, police investigators are obliged to provide aMirandawarning if they anticipate the confession will be introduced into evidence at a criminal trial. We describe the origins of theMirandawarning, perspectives on its utility and relevance, and how the warning has changed over time. Recent developments in constitutional law relevant to theMirandawarning and relevant to judicial determinations of the credibility of confessions are summarized. We review historical and recent case law relevant to “coerced” confessions and the credibility or trustworthiness of confessions. We describe changes over time in judicial interpretations of what constitutes coercion and credibility, issues with special populations, and the recent focus in case law on individual factors that might impairMirandacomprehension or that might impair a suspect's capacity to provide a credible or reliable confession. Empirical research on factors associated with impairments inMirandacomprehension and impairments related to the tendency in some individuals to provide false confessions is considered. Case law rulings and empirical research are integrated into suggested practices for the forensic assessment of abilities related toMirandacomprehension and the trustworthiness of confessions.
Assessment of Competence to Stand Trial
Authors: Stafford Kathleen Powers 
Published: November 2003

AbstractCompetence to stand trial is a constitutional prerequisite to adjudication of criminal cases and essential to preserving the fairness, accuracy, dignity, and autonomy of criminal proceedings. Psychologists are called upon to address the issue of competence more often than any other issue in the criminal law. Increasingly, case law developments and psychological formulations of the concept of trial competence have focused on not only the knowledge‐based or foundational aspects of competence, but the decisional aspects as well. Competency assessment instruments, multiple sources of data, and psychological measures of cognitive functions, personality, and malingering contribute to the evaluation of competency. The task is complicated by the need to consider the relationship between psycho‐legal impairments and symptoms of psychopathology and by the fluid nature of competency across time and across specific case demands. The empirical literature on correlates and factors associated with competence provides some support for the validity of psychological opinions regarding trial competence. Treatment, the needs of special populations, competency assistance strategies, and the problem of the permanently incompetent defendant are further considerations in the evaluation of competence. Psychology makes a significant contribution to the understanding of trial competence through the development of measures, theoretical and empirical research, assessment and treatment, and consultation with courts and attorneys.
Child Sexual Abuse Evaluations
Authors: Kuehnle Kathryn 
Published: November 2003

AbstractAccurate estimates of true and false child sexual abuse evades researchers and the determination of whether sexual abuse has occurred is a complex problem. In recent years, the research community has been polarized over whether child victims of sexual abuse or nonabuse are grossly misidentified, to what degree children are suggestible, and whether false positive or false negative errors create the greatest harm. This chapter describes the scientific‐practitioner model for evaluating allegations of child sexual abuse, a model previously proposed by the author. According to this model, conclusions regarding child sexual abuse are based upon empirically established relationships between data and the behavior in question, rather than on subjective opinions. To address critical issues in these assessments, this chapter reviews two sources for information: published research and the law. Child sexual abuse is defined, focusing on risk factors for abuse and the meaning of symptoms. Studies citing the incidence and prevalence of child sexual abuse are reviewed. Topics include early memories, the impact of stress on memory, and the development of autobiographical memory. Since recall is subjected to the effects of suggestibility, research on this topic is considered. The structure of the assessment interview and a review of the research on the three most frequently used evaluation tools (anatomical dolls, projective instruments, and drawings) is described.
Evaluation of Sexual Predators
Authors: Mary Alice Conroy 
Published: November 2003

AbstractThe chapter begins with an historical review of the development of sexually violent predator (SVP) statutes and the judicial response culminating with the U. S. Supreme Court decision inKansas v. Hendricks. Specifics of this ruling, established “mental abnormality or personality disorder,” rather than the more familiar mental illness or mental disease, as a constitutionally acceptable basis for civil commitment. However, the Court further indicated that the particular abnormality must impair the individual's behavioral control, making psychodiagnostics in this context challenging. Principles of risk assessment are discussed as they are applied to sexual offenders. Special problems in this arena of risk assessment include the inherent difficulty of establishing a reasonable base rate, the lack of consistent definition of such basic terms as “sexual offense,” and the innate heterogeneity of this population. A number of psychometric and actuarial instruments recently developed to assist in conducting SVP risk assessments are compared. Risk management strategies are then explored, and the efficacy of a variety of approaches is discussed. Although many studies evaluating the effectiveness of sex offender treatment have been published, deficits in research methodology have left us without a definitive answer as to what will reduce recidivism in this population. The chapter concludes with a discussion of the professional and ethical issues confronting the forensic psychologist presenting testimony to the court regarding sexual predators.
Battered Woman Syndrome in the Courts
Authors: Follingstad Diane R. 
Published: November 2003

AbstractThe definition, validity, and applicability of the Battered Woman Syndrome to legal cases were reviewed to determine the current status and meaningfulness of this concept for battered women's cases. In light of definitional problems and research investigating factors considered markers of this syndrome, the Battered Woman Syndrome appears unsupportable as a true syndrome or as a well‐defined and validated concept. The usefulness of this syndrome for court cases is considered along the following issues: problems with syndrome evidence in general, problems with placing this syndrome within the context of legal defenses of justification vs. excuse, problems with clarifying the uses of and purposes for the syndrome in these cases, and potential negative effects of introducing the Battered Woman Syndrome as it currently is conceptualized. The article addresses whether applying Battered Woman Syndrome to battered women defendants is a questionable practice both in terms of its validity and its direct links to legal concepts. While commentators generally conclude that the Battered Woman Syndrome is not a valid or useful concept, research data concerning battered women is still potentially applicable to inform aspects of battered women's cases. Examples of the usefulness of research about battered women for court cases are given. Ideas for assessment of battered women in reference to mental status issues in these cases were provided.
Pathologies of Attachment, Violence, and Criminality
Authors: Meloy J. Reid 
Published: November 2003

AbstractThe clinical and forensic investigation of the relationship between attachment, violence, and criminality is quite recent and very promising. This chapter summarizes the origins of attachment research, and explores the psychology of attachment as a biologically based, species‐specific behavioral system which is present throughout the life cycle. Pathologies of attachment, moreover, such as the preoccupied, fearful, dismissive, and disorganized types, are being increasingly linked to intimate partner violence and other forms of violent criminality. Research in this area is explored, with particular attention paid to the work of Dutton, Fonagy, Holtzworth‐Munroe, Gottman, and Babcock. The author suggests that four findings emerge: (1) insecure attachment is a risk factor for intimate partner violence and other violent criminality, (2) secure attachment may be a protective factor against violent criminality, especially when a child is raised in a deprived environment, (3) the “reflective function” may be an important mediating variable for understanding affective violence in particular, and (4) dismissive and disorganized pathologies of attachment may correlate, respectively, with constitutional and traumagenic pathways to violent criminality. New avenues of research are suggested by applying attachment theory and research to the specific “preoccupied” crime of stalking and the quite distinctive and dangerous character of the “dismissive” psychopath.
Therapeutic Jurisprudence
Authors: Daicoff Susan , Wexler David B. 
Published: November 2003

Abstract
Therapeutic jurisprudence is an innovative, interdisciplinary field that integrates law and the social sciences by studying the role of law as a therapeutic agent. Therapeutic jurisprudence (TJ) acknowledges that law is a social force with inevitable effects on the mental health and psychological functioning of people. TJ recognizes that legal rules, legal procedures, and legal actors intentionally or unintentionally produce therapeutic or antitherapeutic consequences. TJ explicitly seeks to maximize the therapeutic consequences and minimize any countertherapeutic effects, so long as due process and other important values are fully respected. It therefore focuses on individuals' psychological and emotional well‐being. TJ is equally relevant to legal reform, legislative efforts, appellate courts' opinions, lawyering methods and strategies, and the work of judges, police officers, and probation officers. TJ's insights have led to proposals for new laws, for changes in the way judges, lawyers, and other legal actors interact with others, and for changes in the processes by which existing laws are administered, applied, and enforced. TJ's applications have expanded from traditional mental health topics such as the insanity plea, civil commitment, the right to refuse mental health treatment, and competence to stand trial to many substantive areas such as: correctional law, criminal law, family law, juvenile law, disability law, labor and employment law, health law, evidence law, personal injury law, contract law, commercial law, probate law, the legal profession, mediation, and alternative dispute resolution. This chapter reviews the vast literature on TJ and explores its insights, challenges, and future.
Job and Work Analysis
Authors: Sackett Paul R. , Laczo Roxanne M. 
Published: November 2003

AbstractJob analysis a broad term commonly used to describe a wide variety of systematic procedures for examining, documenting, and drawing inferences about work activities, worker attributes, and work context. Following a conceptual overview of the range of choices facing the individual conducting a job analysis, the chapter discusses important changes and challenges to job analysis that have emerged over the last decade. The first is the development of the Occupational Information Network (O*NET); a comprehensive job analysis system designed to replace theDictionary of Occupational Titles. Second, we discuss the growing trend toward the incorporation of personality variables in job analysis, paralleling the growth of interest in personality within the field of I/O psychology overall. Third, we examine the growth of competency modeling, which is often presented as an alternative to or replacement for job analysis. Fourth, we review developments in the field of cognitive task analysis, which involve efforts to understand unobservable cognitive processes. Fifth, we examine the growth of strategic job analysis, which focuses on analysis for changing job situations and projections about work in the future. Sixth, and finally, we discuss recent developments focusing on the topic of sources of inaccuracy in job analysis.
Job Performance
Authors: Motowidlo Stephan J. 
Published: November 2003

AbstractThis chapter defines job performance as the total expected value to the organization of discrete behaviors that an individual carries out over a standard period of time. Several taxonomic performance models in the literature describe categories of behavior believed to have organizational value. The categories have been defined either according to their manifest behavioral content (Campbell, 1990), their organizationally relevant consequences (Borman & Motowidlo, 1993), their motivational antecedents (Organ, 1988; Sackett, in press), or other antecedents such as ability and personality traits (Viswesvaran, Schmidt, & Ones, 2000). Performance antecedents include both direct determinants, such as knowledge, skill, motivation, habits, and situational opportunities and constraints, and indirect determinants, including individual differences in ability and personality and some types of situational variables. The direct determinants are presumed to mediate effects of the indirect determinants on job performance through causal mechanisms that involve capacity to learn, opportunity to learn, motivation to learn, and dispositional fit. An important implication of the performance definition presented in this chapter, taxonomic structures of behavioral dimensions of job performance, and its direct and indirect antecedents is that different traits, learning processes, motivational mechanisms, and situational constraints might have different effects on different behavioral dimensions of job performance.
Recruitment Research in the Twenty‐First Century
Authors: Rynes Sara L. , Cable Daniel M. 
Published: November 2003

AbstractResearch on recruitmentpractices(recruiters, recruitment sources, administrative procedures, vacancy characteristics, and selection standards) and recruitmentprocesses(time‐related, social, information‐related, and interactive processes plus applicant self‐selection and person‐organization fit) is reviewed, and increments to knowledge about recruitment over the past decade are summarized. Trends in recruitment practices are noted, along with their potential implications for organizations and organizational researchers. A call is made for increased cross‐level recruitment research, as well as recruitment research at the organizational level of analysis.
Intelligence and the Workplace
Authors: Drasgow Fritz 
Published: November 2003

AbstractThis chapter provides a broad review of theories and research on intelligence with particular emphasis on its importance in the workplace. Psychometric theories of intelligence, beginning with Spearman and concluding with Carroll, are described. Spearman's (1904) original theory emphasized the importance of general cognitive ability, which he denoted asg; after a century of research and controversy, Carroll's massive reanalysis of the available data placedgat the apex of a three‐stratum model. The information‐processing approach to intelligence and the neuropsychological perspective is also summarized. Then research on the relation of intelligence and performance is reviewed. Laboratory studies of skill acquisition, as well as field studies of workers, clearly show the critical role of intelligence for job performance. Interestingly, it has been argued that specific facets of intelligence, such as reading comprehension and quantitative reasoning, provide little incremental validity over general cognitive ability. A limitation on this line of argument is that it has focused on the prediction of task performance; effectiveness in interpersonal activities that contribute to organizational effectiveness has been considered to a lesser extent. Broadening the conceptualization of performance to include both task performance and contextual performance suggests that social intelligence or situational judgment may add substantially to the validity of prediction. Finally, avenues for future research are described.
Use of Personality Variables in Work Settings
Authors: Hough Leaetta M. , Furnham Adrian 
Published: November 2003

AbstractThis chapter describes the history of personality theory, taxonomies, constructs, and their role in I/O psychology. Taxonomies have been critically important in enabling researchers to summarize and examine the importance of personality variables, resulting in better theories and understanding of workplace behavior and performance. More than twice the variance in supervisory ratings of overall job performance is accounted for when personality variables are included in our performance models. When customer service, interpersonal effectiveness, and integrity, for example, are important to the job, personality variables become even more useful for predicting behavior and performance, with predictive accuracy of personality variables increasing when predictors and criteria are matched in terms of complexity and theoretical relevance. The chapter also summarizes evidence regarding potential moderator variables, such as intentional distortion and item frame‐of‐reference (e.g., contextualization), and describes methods for increasing validity. Methods and issues of personality measurement are discussed according to self‐report/self‐evaluation, others' reports and descriptions, objective measures, interviews, mode of assessment, and culture and language. In addition, legal issues and their implications and evidence related to use of personality inventories in the workplace in the United States are presented.