Perspectives in Law & Psychology – serie

In its narrowest sense, "mentally disordered offender" refers to the approximately twenty thousand persons per year in the United States who are institutionalized as not guilty by reason of insanity, incompetent to stand trial, and mentally disordered sex offenders, as well as those prisoners transferred to mental hospitals. The real importance of mentally disordered offenders, however, may not lie in this figure. Rather, it may reside in the symbolic role that mentally disordered offenders play for the rest of the legal system. The 3,140 persons residing in state institutions on an average day in 1978 as not guilty by reason of insanity (see Chapter 4), for example, are surely worthy of concern in their own right. But they represent only 1% of the 307,276 persons residing in state and federal prisons in the same period (U. S. Dept. of Justice, 1981). From a purely numeric point of view, the insanity defense truly is "much ado about little" (Pasewark & Pasewark, 1982). The central importance of understanding these persons, however, is that they serve a symbolic function in justifying the imprisonment of the other 99%. The insanity defense, as Stone (1975) has noted, is "the exception that proves the rule. " By exculpating a relatively few people from being criminally responsible for their behavior, the law inculpates all other law violators as liable for social sanction.

The insanity defense debate has come full circle, again. The current round began when John Hinckley opened fire; in 1843, it was Daniel M'Naghten who pulled the trigger; the "acts" of both would-be "insanity acquittees" provoked the press, the populace, a President, and a Queen to expressions of outrage, and triggered Congress, the House of Lords, judges, jurists, psychologists, and psychiatrists to debate this most maddening matter. "Insanity" -which has historically been surrounded by defenses, defen­ ders, and detractors-found itself once again under siege, on trial, and undergoing rigorous cross-examination. Treatises were written on the sub­ ject, testimony was taken, and new rules and laws were adopted. The dust has settled, but it has not cleared. What is clear to me is that we have got it wrong, once again. The "full circle" analogy and historical parallel to M'Naghten (1843) warrant some elaboration. Hinckley's firing at the President, captured by television and rerun again and again, rekindled an old debate regarding the allegedly insane and punishment (Caplan, 1984; Maeder, 1985; Szasz, 1987), a debate in which the "insanity defense" is centrally situated. The smolderings ignited anew when the Hinckley (1981) jury brought in its verdict-"not guilty by reason of insanity" (NGRI).

As law is instituted by society to serve society, there can be no question that psychology plays an important and inevitable role in the legal process, clarifying or complicating legal issues. In this text the contributors review all the key areas of the use of psychological expertise in civil, criminal, and family law. A selection of academic scholars and legal professionals discusses the contributions that psychology brings to the legal arena. Topics examined in this insightful text include: juries and the current empirical literature; witnesses and the validity of reports; preventing mistaken convictions in eyewitness identification trials; forensic assessment and treatment; predicting violence in mentally and personality disordered individuals; employment and discrimination; new "best interests" standards for children in courts; education and training in psychology and law; and ethical and legal contours of forensic psychology.

As law is instituted by society to serve society, there can be no question that psychology plays an important and inevitable role in the legal process, clarifying or complicating legal issues. In this enlightening text, Roesch, Hart, Ogloff, and the contributors review all the key areas of the use of psychological expertise in civil, criminal, and family law. An impressive selection of academic scholars and legal professionals discusses the contributions that psychology brings to the legal arena. Topics examined in this insightful text include: juries and the current empirical literature witnesses and the validity of reports preventing mistaken convictions in eyewitness identification trials forensic assessment and treatment predicting violence in mentally and personality disordered individuals employment and discrimination new `best interests' standards for children in courts education and training in psychology and law, and ethical and legal contours of forensic psychology. The volume also features a noteworthy appendix on specialty guidelines for forensic psychologists. Psychology and Law collects a range of expert testimony in its thorough examination of the legal process, affording readers a unique survey of contemporary knowledge.

In the mid-1970s, as a social psychologist dedicated to the application of knowl­ edge, I welcomed our field's emerging interest in the legal system. I have al­ ways been fascinated by jury trials-something about the idea that two con­ ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. As I systematically began to explore the applications of social psycho­ logical concepts to the law 20 years ago, I experienced the delight of discovery similar to that of a child under a Christmas tree. It has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. I believe we have learned much that would be useful if the system were to be revised. Hlf the system were to be revised" . . . there's the rub. As I have stated, my original motivation was the application of knowledge. Like other social scien­ tists, I believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. Qver the last two decades, much knowledge has accumulated. How can we put this knowledge to work? Judges are the gatekeepers of the legal system.

Most of the literature in forensic mental health assessment is organized around the particular legal issue that is the focus of a given assessment, tool, or research study. This book starts with a different assumption: There are broad principles of forensic assessment that are applicable across different legal issues. If such principles exist, they should be derived from and supported by sources of authority in ethics, law, science, and prof- sional practice. This is what I seek to do in this book, with each of the 29 broad principles of forensic mental health assessment described and a- lyzed from the perspective of these sources of authority. There are a number of individuals who have contributed in various ways to making this a better book. It seems best to begin with a general acknowledgment: Those interested in forensic mental health assessment, particularly my colleagues from the American Psychology–Law Society and the American Board of Forensic Psychology, have been an extraor- narily helpful and congenial group. I have learned a great deal from them over the years and they challenged me to undertake the daunting task of trying to capture the broad views of the field in this book.

During his term as President of APA-LS/Division 41, James Ogloff organized a comprehensive program of research reviews in the area of the law and psychology. Taking Psychology and Law into the Twenty-First Century is the product of that program. In these pages top scholars contribute chapters covering a wide range of topics including jurisprudence, competency, children, forensic risk assessment, eyewitness testimony, jurors and juries, lawsuits, and civil law. Also included is an introductory chapter by the editor. The result is a unique and comprehensive treatment of the issues at the confluence of these disciplines.

This project is an attempt to understand what kind of environment today's adolescents need and what teachers, parents, and communities can do to address those needs. Further it examines how adolescents and their environments can best be supported to effect the outcomes and ideals our society promises but does not always deliver. In this it is not yet another attack on already maligned schools that produce impressive outcomes despite their limited resources, increased obligations, and the sustained barrage of attacks from competing interest groups.

Adjudicative competence remains an important topic of research and practice in psychology and law. In the five sections of this volume the authors present, not only a summary of the research of the MacArthur studies on competence, but also an examination of the underlying theoretical work of Professor Richard Bonnie.

As in its first edition, this book offers a conceptual model for understanding the nature of legal competencies. The model is interpreted to assist mental health professionals in designing and performing assessments for legal competencies defined in criminal and civil law, and to guide research that will improve the practice of evaluations for legal competencies. A special feature is the book's evaluative review of specialized forensic assessment instruments for each of several legal competencies. Three-fourths of the 37 instruments reviewed in the second edition are new and thus were not reviewed in the first edition.Application of the assessment model and reviews of instruments are provided for six areas of legal competence: -Competence to Stand Trial; -Waiver of Rights to Silence and Legal Counsel; -Not Guilty by Reason of Insanity; -Parenting Capacity - Determination of Child Custody; -Guardianship and Conservatorship; and -Competence to Consent to Treatment.

As in its first edition, this book offers a conceptual model for understanding the nature of legal competencies. The model is interpreted to assist mental health professionals in designing and performing assessments for legal competencies defined in criminal and civil law, and to guide research that will improve the practice of evaluations for legal competencies. A special feature is the book's evaluative review of specialized forensic assessment instruments for each of several legal competencies. Three-fourths of the 37 instruments reviewed in the second edition are new and thus were not reviewed in the first edition.Application of the assessment model and reviews of instruments are provided for six areas of legal competence: -Competence to Stand Trial; -Waiver of Rights to Silence and Legal Counsel; -Not Guilty by Reason of Insanity; -Parenting Capacity - Determination of Child Custody; -Guardianship and Conservatorship; and -Competence to Consent to Treatment.

This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In the chapters it is demonstrated how the different systems chose different solutions for many of the same problems and how the solutions are related to the typical characteristics of the adversarial and the inquisitorial systems of criminal law. Particular emphasis is placed on problems addressed by psychological researchers and practitioners in the two systems. Chapters cover topics including: police investigative techniques, risk assessment, the death penalty, recovered memories, child witnesses, line-up practices, expert witnesses, trial procedures, and lay versus judge decision making. The book is written for advanced audiences in psychology and law.

In recent decades, courts have turned increasingly to mental health professionals to assist them in evaluating the many factors that are relevant to laws concerning the care and protection of children and termination of parental rights. At the same time, the legal system has challenged the role of experts by setting high admissibility standards for scientific integrity and objectivity in forensic consultation and assessment practice. The purpose of this book is to lay the foundation for solid conceptual and methodological approaches for mental health professionals in offering effective responses to legal standards and to the needs of individuals regarding care and protection issues. Although termination of parental rights cases are the predominant focus of the book, attention also is given to consultation and evaluations for service planning purposes, the impact of maltreatment on children, diagnostic and treatment planning, issues of family process, amenability to treatment, potential family reunification, and post-termination pre-adoption questions.Offering ways to integrate theory and research into practice, this volume provides conceptual models for consultation and assessment that make it relevant for a number of related disciplines.

Although research on aggressive men and boys has been plentiful, much less attention has been directed toward aggression in girls and women. The increasing number of young women who find themselves living violent lives, both as perpetrators and victims, has led to urgent calls for more information on understanding what causes, what perpetuates and what can be done about this problem. Addressing this need, Girls and Aggression presents a range of interdisciplinary perspectives on risk and protective factors, developmental pathways and intervention principles specific to the problem of aggression and violence in the lives of young women. Contributions come from the fields of psychology, criminology, education, and sociology, and use both qualitative and quantitative methodologies to explore the issues. Girls and Aggression will be of interest to academic researchers and mental health practitioners alike by providing an up-to-date and comprehensive view of this important and underexplored area.

Coerced confessions have long been a staple of TV crime dramas, and have also been the subject of recent news stories. The complexity of such situations, however, is rarely explored even in the scientific literature. Now in softcover, Interrogations, Confessions, and Entrapment remains one of the best syntheses of the scientific, legal, and ethical findings in this area, uncovering subtle yet powerful forces that often compromise the integrity of the criminal justice system. Editor G. Daniel Lassiter identifies the exposure of psychological coercion as an emerging frontier in legal psychology, citing its roots in the "third degree" approach of former times, and noting that its techniques carry little scientific validity. A team of psychologists, criminologists, and legal scholars asks—and goes a long way toward answering—important questions such as: -What forms of psychological coercion are involved in interrogation?-Are some people more susceptible to falsely confessing than others?-What are the effects of psychological manipulation on innocent suspects?-Are coercive tactics ever justified with minors?-Can jurors recognize psychological coercion and unreliable confessions?-Can entrapment techniques encourage people to commit crimes?-What steps can law enforcement take to minimize coercion?Throughout this progressive volume, readers will find important research-based ideas for educating the courts, changing policy, and implementing reform, from improving police interrogation skills to better methods of evaluating confession evidence. For the expert witness, legal consultant, or student of forensic psychology, this is material whose relevance will only increase with time.

Coerced confessions have long been a staple of TV crime dramas, and have also been the subject of recent news stories. The complexity of such situations, however, is rarely explored even in the scientific literature. Now in softcover, Interrogations, Confessions, and Entrapment remains one of the best syntheses of the scientific, legal, and ethical findings in this area, uncovering subtle yet powerful forces that often compromise the integrity of the criminal justice system. Editor G. Daniel Lassiter identifies the exposure of psychological coercion as an emerging frontier in legal psychology, citing its roots in the "third degree" approach of former times, and noting that its techniques carry little scientific validity. A team of psychologists, criminologists, and legal scholars asks—and goes a long way toward answering—important questions such as: -What forms of psychological coercion are involved in interrogation?-Are some people more susceptible to falsely confessing than others?-What are the effects of psychological manipulation on innocent suspects?-Are coercive tactics ever justified with minors?-Can jurors recognize psychological coercion and unreliable confessions?-Can entrapment techniques encourage people to commit crimes?-What steps can law enforcement take to minimize coercion?Throughout this progressive volume, readers will find important research-based ideas for educating the courts, changing policy, and implementing reform, from improving police interrogation skills to better methods of evaluating confession evidence. For the expert witness, legal consultant, or student of forensic psychology, this is material whose relevance will only increase with time.

The insanity defense debate has come full circle, again. The current round began when John Hinckley opened fire; in 1843, it was Daniel M'Naghten who pulled the trigger; the "acts" of both would-be "insanity acquittees" provoked the press, the populace, a President, and a Queen to expressions of outrage, and triggered Congress, the House of Lords, judges, jurists, psychologists, and psychiatrists to debate this most maddening matter. "Insanity" -which has historically been surrounded by defenses, defen­ ders, and detractors-found itself once again under siege, on trial, and undergoing rigorous cross-examination. Treatises were written on the sub­ ject, testimony was taken, and new rules and laws were adopted. The dust has settled, but it has not cleared. What is clear to me is that we have got it wrong, once again. The "full circle" analogy and historical parallel to M'Naghten (1843) warrant some elaboration. Hinckley's firing at the President, captured by television and rerun again and again, rekindled an old debate regarding the allegedly insane and punishment (Caplan, 1984; Maeder, 1985; Szasz, 1987), a debate in which the "insanity defense" is centrally situated. The smolderings ignited anew when the Hinckley (1981) jury brought in its verdict-"not guilty by reason of insanity" (NGRI).

Adjudicative competence remains an important topic of research and practice in psychology and law. In the five sections of Adjudicative Competence: The MacArthur Studies, the authors present not only a summary of the research of the MacArthur studies on competence but also an examination of the underlying theoretical work of Professor Richard Bonnie. It is the first publication to encapsulate the scope and significance of both the studies themselves and Bonnie's contributions. There is no other source available that addresses this range of topics.Given its breadth and scope, this book will be a "must have" for forensic mental health professionals, an important volume for lawyers, and a vital academic reference work.

Although research on aggressive men and boys has been plentiful, much less attention has been directed toward aggression in girls and women. The increasing number of young women who find themselves living violent lives, both as perpetrators and victims, has led to urgent calls for more information on understanding what causes, what perpetuates and what can be done about this problem. Addressing this need, Girls and Aggression presents a range of interdisciplinary perspectives on risk and protective factors, developmental pathways and intervention principles specific to the problem of aggression and violence in the lives of young women. Contributions come from the fields of psychology, criminology, education, and sociology, and use both qualitative and quantitative methodologies to explore the issues. Girls and Aggression will be of interest to academic researchers and mental health practitioners alike by providing an up-to-date and comprehensive view of this important and underexplored area.

This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In the chapters it is demonstrated how the different systems chose different solutions for many of the same problems and how the solutions are related to the typical characteristics of the adversarial and the inquisitorial systems of criminal law. Particular emphasis is placed on problems addressed by psychological researchers and practitioners in the two systems. Chapters cover topics including: police investigative techniques, risk assessment, the death penalty, recovered memories, child witnesses, line-up practices, expert witnesses, trial procedures, and lay versus judge decision making. The book is written for advanced audiences in psychology and law.

Analyzing the findings of 20 studies, involving more than 5,000 people, this book explores the decision making process of the crime victim in the immediate aftermath of victimization. Using a broad range of innovative research techniques, the authors assess the effects of rape, robbery, burglary, and theft on individuals from diverse nationalities and ethnic backgrounds. This work will be of value to people who work directly with crime victims, and to researchers who are interested in the process of decision making under stressful circumstances.

In the mid-1970s, as a social psychologist dedicated to the application of knowl­ edge, I welcomed our field's emerging interest in the legal system. I have al­ ways been fascinated by jury trials-something about the idea that two con­ ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. As I systematically began to explore the applications of social psycho­ logical concepts to the law 20 years ago, I experienced the delight of discovery similar to that of a child under a Christmas tree. It has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. I believe we have learned much that would be useful if the system were to be revised. Hlf the system were to be revised" . . . there's the rub. As I have stated, my original motivation was the application of knowledge. Like other social scien­ tists, I believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. Qver the last two decades, much knowledge has accumulated. How can we put this knowledge to work? Judges are the gatekeepers of the legal system.

Although psychologists have related, scientifically and professionally, to the law for over 50 years now, the two fields have not been systematically integrated. Happily, that situation is changing today. Psychologists and lawyers are becoming increasingly aware that laws are based upon assumptions about human behavior, "assumptions about how people act and how their actions can be controlled" (Special Commission on the Social Sciences of the National Science Board, Knowledge into Action: Improving the Nation's Use of the Social Sciences. Washington, D.C.: National Science Foundation, 1969, p. 35), and that both fields must be concerned with carefully investigating these assumptions and communicating the findings to the legal community, in particular, and to society, in general. This joining of efforts will ensure that our legal system is not only more effective but also more just. Perspectives in Law and Psychology is a regular series of volumes dedicated to this goal. The work presented in this first volume was supported in part by the National Institute of Mental Health, Center for Studies of Crime and De.1inquency, through their grant (MH 13814) to the Law-Psychology Graduate Training Program at the University of Nebraska-Lincoln. Funds from that grant were used to invite six of the contributors to this volume to participate in the first Law-Psychology Research Conference (Michael Goldstein, John Monahan, Norval Morris, R.

As noted in the Preface to Volume 1 in this series, the goal of Perspectives in Law and Psychology is to provide a forum for books aimed at systemati­ cally interfacing the two disciplines. Toward this end, Volume 1 pre­ sented a collection of original writings focused on the criminal justice system that grew out of a conference held at the University of Nebraska at Lincoln. Because that volume was based on conference proceedings, however, an attempt was not made to provide thorough coverage of all law-psychology issues in the criminal justice system; rather, it highlight­ ed a select few issues that were currently being investigated by some of the outstanding people in the field. This volume differs substantially from the first in that it attempts to bring together those psycholegal scholars who are doing the major re­ search on the trial process today and provides broad coverage of critical research on the trial. Thus, the chapters not only provide an extensive review of existing literature in this field but also present new contribu­ tions by these scholars.

The research studies reported in this book were completed between June, 1976 and November, 1979, with a USPHS research grant (MH- 27849) from the Center for Studies of Crime and Delinquency, National Institute of Mental Health. Every phase of the project was an exercise in combining the research methods of psychology with the concerns of law, legal systems, and legal process. Research psychologists will be especially interested in our efforts to apply psychological constructs and research methods to a difficult decision-making problem in law. This report describes in some detail the project's development of experimental measures of psychological condi­ tions related to legal standards and demonstrates the ways in which research design was influenced by concerns of law and the juvenile justice system. Lawyers, judges, and youth advocate groups have already ex­ pressed considerable interest in the implications of the project's results for the formation and modification of juvenile law and procedure. In each chapter, I have attempted to describe carefully the ways in which the empirical research results are applicable to these concerns, and I have tried to specify the limits which must be acknowledged in inter­ preting the results for application in the legal process.

THE CORE OF MENTAL HEALTH LAW A musty file in Arizona's Greenlee County Courthouse reveals that on January 22, 1912, shortly before Arizona became a state, a 19-year-old Mexican-American woman residing in Morenci was taken into custody and placed in the county jail by a deputy sheriff who, that same day, filed with the Greenlee County Probate Court the following commit­ ment petition: Have known girl about one year. Last summer-July or Aug. 19- commenced to act irrational. Has been under treatment of physicians past 4 months. They called me this A.M. and told me they were unable to treat her successfully-that she is crazy and I must arrest her. The proposed patient was apparently examined the next day by two physicians, who duly completed the required medical questionnaire. In addition to mentioning that the patient's physical health was good, that she was "cleanly" in her personal habits, that she did not use liquor, tobacco, or drugs, and that neither she nor any of her relatives had ever been mentally ill or hospitalized in the past, the doctors listed the follow­ ing information on those portions of the form devoted to mental illness and dangerousness: Dangerousness: No threats or attempts to commit suicide or murder. Is of a very happy temperament. Has a tendency to laugh and sing. Facts indicating insanity: She wanted to dance. Most of conversation was fairly rational.

Others surely could understand the analysis as another assault on our decentralized legal and school systems that should retain the right to balance the needs of communities, parents, schools, and students.

In recent decades, courts have turned increasingly to mental health professionals to assist them in evaluating the many factors that are relevant to laws concerning the care and protection of children and termination of parental rights. At the same time, the legal system has challenged the role of experts by setting high admissibility standards for scientific integrity and objectivity in forensic consultation and assessment practice. The purpose of this book is to lay the foundation for solid conceptual and methodological approaches for mental health professionals in offering effective responses to legal standards and to the needs of individuals regarding care and protection issues. Although termination of parental rights cases are the predominant focus of the book, attention also is given to consultation and evaluations for service planning purposes, the impact of maltreatment on children, diagnostic and treatment planning, issues of family process, amenability to treatment, potential family reunification, and post-termination pre-adoption questions.Offering ways to integrate theory and research into practice, this volume provides conceptual models for consultation and assessment that make it relevant for a number of related disciplines.

Most of the literature in forensic mental health assessment is organized around the particular legal issue that is the focus of a given assessment, tool, or research study. This book starts with a different assumption: There are broad principles of forensic assessment that are applicable across different legal issues. If such principles exist, they should be derived from and supported by sources of authority in ethics, law, science, and prof- sional practice. This is what I seek to do in this book, with each of the 29 broad principles of forensic mental health assessment described and a- lyzed from the perspective of these sources of authority. There are a number of individuals who have contributed in various ways to making this a better book. It seems best to begin with a general acknowledgment: Those interested in forensic mental health assessment, particularly my colleagues from the American Psychology–Law Society and the American Board of Forensic Psychology, have been an extraor- narily helpful and congenial group. I have learned a great deal from them over the years and they challenged me to undertake the daunting task of trying to capture the broad views of the field in this book.