Forensic Psychology

Matthew T. Huss is a Professor of Psychology at Creighton University and a practicing forensic psychologist. He has over 60 scholarly publications and has served as a reviewer for numerous scholarly journals, including Journal of Consulting and Clinical Psychology, International Journal of Forensic Mental Health, Criminal Justice and Behavior, Psychology, Crime and Law, Behavioral Sciences and the Law, Journal of Interpersonal Violence, Assessment, and the Family Violence. In addition, he also served on the Editorial Board of Law & Human Behavior, Psychology, Public Policy and the Law, the Journal of Aggression, Maltreatment, Teaching of Psychology, and the Psi Chi Journal of Student Research.

• Preface xiAcknowledgments xv1 What is Forensic Psychology? An Introduction 1What is Forensic Psychology? 1Is this forensic psychology? 2The origin of forensic psychology 3Our definition of forensic psychology 4History of forensic psychology 5Major Areas of Forensic Psychology 7Structure of the legal system 10The Relationship of the Law and Psychology 12The conflict between psychology and law 13Education and Training in Forensic Psychology 14How do I become a forensic psychologist? 14Careers in forensic psychology 182 Assessment, Treatment, and Consultation in Forensic Psychology 21Forensic Assessment 22Important tasks in forensic assessment 22Core concepts in assessment: Reliability and validity 24Distinguishing therapeutic assessment from forensic assessment 24Methods and procedures: Interviewing 26Methods and procedures: Psychological testing 29Archival information 33The use of written reports in forensic assessments and guidelines 34Treatment in Forensic Contexts 36Who are we treating? 38Types of treatment 40Success of off ender programs 41Successful off ender programs 41Forensic Consultation 433 Expert Testimony and the Role of an Expert 47History of the Expert Witness 48Admissibility of Expert Testimony 49Frye standard 50Daubert v. Merrell Dow 51The rest of the Daubert trilogy 53Challenges to Expert Testimony 54Cross-examination 54Opposing expert 55Judicial instructions 56Factors That Influence Expert Witness Credibility 56Criticisms of Expert Testimony 57Taking over the courtroom 57Ultimate issue testimony 58Corruption of science 59Ethics of the Expert 62Competence 63Informed consent and confidentiality 64Financial arrangements 65Multiple relationships 65Syndrome Evidence: Controversial Area of Expert Testimony 66Profile and syndrome evidence 664 Psychopathy 71The Nature of the Psychopath 72A popular operationalization of psychopathy: The Psychopathy Checklist 73Use of the PCL-R in the practice of forensic psychology: Field research 77The Relationship of Criminal Behavior and Violence to Psychopathy 79General violence and criminal behavior 79Sexual violence 81Violence in civil psychiatric patients 82Violence among domestic violence perpetrators 82What Else Do We Know about Psychopathy? 83Interpersonal-affective aspects of psychopathy 83Cognitive and learning deficits associated with psychopathy 85Biological basis for psychopathy 86Treatment of psychopathy 87Special Groups and Psychopathy 89Women 89Ethnic and cross-cultural issues 90Children and adolescents 91Legal and Ethical Issues Involving Psychopathy 93Capital sentencing and the use of psychopathy 935 Violence Risk Assessment 96Nature of Violence and Violence Risk Assessment 97Defining violence 97Violence as a choice 97Legal Realities of Violence Risk Assessments 99The Evolution of Risk Assessment 101Early history of risk assessment 102Clinical, Actuarial, and Structured Risk Assessments 103Clinical assessments of violence 104Actuarial measures of violence 105Structured professional judgments 109Risk and Protective Factors 110Static risk factors 111Dynamic risk factors 112Protective factors 114Accuracy of Risk Assessment 115Difficulties in risk assessment 115When are we good at assessing risk? 116Communicating Risk 1176 Sexual Offenders 120What is a Sexual Offender? 121Assessment of Sexual Offenders 123Phallometric assessment: Penile plethysmograph (PPG) 124Psychological assessment 126Risk assessment and recidivism 127Risk assessment instruments for sexual off enders 129Use of sex off ender risk assessment measures in the field 132Treatment and Management of Sexual Off enders 133Are sexual off ender treatment programs successful? 133Components of potentially successful programs 135Special Groups of Sexual Off enders 136Juvenile sexual off enders 136Female sexual off enders 137Clergy as sexual off enders 139Online child pornography off enders 140Sexual Offender Legislation 141Registration and notification laws 141Residency laws 143Sexually violent predator laws 1437 Civil Commitment 146What is Civil Commitment? 146Criteria for Civil Commitment 150Mental illness 150Dangerousness 151Need for treatment 153Process of Civil Commitment 153Outpatient commitment 154Empirical examination of outpatient commitment and other changes in commitment laws 156Coercion of Civil Commitments 157The impact of coercion on civil commitment 158Sources and frequency of coercion 159Right to Make Treatment Decisions and Refuse Treatment 160Competency to make treatment decisions 161Mental health advanced directives 162Practice of Civil Commitment 163Assessment and treatment of committed patients 163Assessment of danger to self 164Assessment of danger to others 1648 Criminal and Civil Competence 167Raising the Issue of Competency in Criminal Proceedings 168Competency to Stand Trial (CST) 168Prevalence of CST 169Procedures in CST 170Competency evaluations 171Forensic assessment instruments for competency 173Other Variables Related to Competence 178Scope of practice in competency evaluations 178Restoration of Competency 179Competency restoration programs 182Other Criminal Competencies 184Competency to be executed 184Competency to waive Miranda rights 185Competency to refuse the insanity defense 185Civil Competencies 186Competency to be treated 187Competency to execute a will 187Competency related to guardianship 1889 Insanity, Criminal Responsibility, and Diminished Capacity 190Rationale for Insanity Defense 193Insanity Standards 194Wild beast standard 195M’Naghten 195The product rule and Durham 197American Law Institute (ALI) Rule and Brawner 198Insanity Defense Reform Act (1984) 199Guilty but mentally ill 200Challenges to the insanity defense 201Studies Assessing the Insanity Standards in Mock Jurors 202Insanity Myths 203Evaluations of Insanity 208Common procedures for insanity evaluations 208Reliability and validity of insanity evaluations 209Forensic Assessment Instruments 210Malingering and insanity 211Other Issues of Criminal Responsibility and Diminished Capacity 21310 Domestic Violence and Stalking 215Defining and Identifying the Prevalence of Domestic Violence 216Factors that influence prevalence figures 216Assessment of Domestic Violence among Intimate Partners 218Assessing consequences of domestic violence 219Psychological consequences of domestic violence 220Risk Factors and Risk Assessment in Domestic Violence 221Risk factors for domestic violence 222Assessing risk and recidivism 226Domestic Violence Treatment 228Educational and psychological treatment 229Community-based interventions 231Criminal justice interventions 231Gender Differences in the Perpetration of Domestic Violence 233Stalking 23411 Juvenile Delinquency and Juvenile Justice 238History of the Juvenile Court 240Processing in the Juvenile Courts 242Juvenile Delinquency and Juvenile Offenses 244Risk factors for juvenile delinquency 245Juvenile Violence 247Risk factors for nonsexual violence 247Risk factors for sexual violence 248Role of the Forensic Psychologist in Juvenile Courts 250Evaluating treatment amenability 251Providing treatment 251Transfer evaluations 253Competency evaluations 254Insanity evaluations 255Risk assessment 255Special Issues in Regard to Juveniles: School Violence 256School violence and school shootings 25612 Child Custody 260Legal History and Assumptions about Child Custody 261Legal standards and preferences for child custody 262Additional legal preferences 264Child Custody Laws and Professional Guidelines 265Professional guidelines for child custody evaluations 265Forensic Practice in Child Custody Evaluations 267Format and methods utilized in child custody evaluations 267Surveys of clinical practice and psychological testing 269Difficulties in child custody evaluations 272Effects of Custody and Divorce on Children 274Effects of divorce on children 275Impact of custodial arrangement 276Positive post-divorce outcomes 277Child Abuse 27813 Personal Injury and Discrimination in Civil Law 282Legal Bases for Personal Injury Cases: Torts and Civil Law 283General Forensic Practice in Personal Injury Cases 285Malingering in personal injury cases 286Typical Injuries Involved in Personal Injury Claims 288Posttraumatic stress disorder (PTSD) 289Traumatic brain injury (TBI) 291Chronic pain 294Psychological Independent Medical Evaluation 296Workers’ Compensation 297Sexual Harassment and Employment Discrimination 299Glossary 303References 309Name Index 359Subject Index 365