Most recent papers:

• Female Aggression Helen Gavin and Theresa Porter. ISBN: 978–0–470‐97548‐0 Wiley‐Blackwell, December 2014 240 pp.
  Charles C. Dike.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 19, 2018
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  October 19, 2018   doi: 10.1002/bsl.2387   open full text
• Risk assessment and juvenile resentencing: A critical analysis.
  Shelby Arnold, Dan Flack, Kirk Heilbrun.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 19, 2018
  --- - |2 Abstract Recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) have created the need to resentence individuals who received a sentence of mandatory life without parole (LWOP) for offenses committed when they were younger than 18 years old. Neither of these decisions explicitly cite reoffense risk as a sentencing criterion, but a careful reading of the reasoning in these cases suggests that such a risk should be among the considerations addressed by resentencing courts. If so, important theoretical and scientific questions are raised about the nature of risk assessment tools, in particular the distinction between static and dynamic risk factors. Additionally, the novelty of LWOP resentencing raises further questions about the applicability of these tools to individuals who have been incarcerated for long periods of time. We address these questions, call for additional research on dynamic risk factors, and offer recommendations for professionals involved in these types of assessments. - Behavioral Sciences & the Law, EarlyView.
  

  October 19, 2018   doi: 10.1002/bsl.2375   open full text
• Animal maltreatment from ancient times to the 21st century: Foundation for a call to action now.
  Kathleen M. Heide, Alan R. Felthous.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 11, 2018
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  October 11, 2018   doi: 10.1002/bsl.2374   open full text
• Animal maltreatment: Implications for behavioral science professionals.
  Lacey Levitt.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 11, 2018
  --- - |2 Despite the widespread belief among the public and an increasing number of law enforcement personnel that individuals who harm animals often harm other people, the subject of animal maltreatment has received little attention from behavioral scientists. Advances in comparative neuroanatomy have highlighted the ability of animals to feel physical and emotional pain, including complex psychological reactions to traumatic events. These advances, and recent studies (however sparse) that support the notion that perpetrators of crimes against animals often commit other crimes, have arguably created an ethical and practical imperative for behavioral scientists to undertake a serious examination of animal maltreatment and potential mechanisms for responding to it. In addition, the close and complex relationships many Americans have with animals and the advancements in animal protection law in the past two decades necessitate expertise on the part of forensic psychologists and psychiatrists, who will increasingly be called upon to evaluate animal maltreatment offenders and consult on related policy and legislation. - Behavioral Sciences & the Law, EarlyView.
  

  October 11, 2018   doi: 10.1002/bsl.2371   open full text
• Bestiality: An introduction for legal and mental health professionals.
  Brian Holoyda, Renee Sorrentino, Susan Hatters Friedman, Det. John Allgire.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 11, 2018
  --- - |2 Abstract Bestiality, or human–animal intercourse, has been a concern of the legal and mental health communities for many years. Ancient legal codes delineated punishments for those who engaged in the behavior, denoting a moral and general societal concern surrounding bestiality dating to ancient times. Despite this longstanding interest in and legal efforts to punish humans for having sex with animals, there has been little research on the behavior. Current available research has largely been siloed based on the populations studied, making it difficult to render any firm conclusions about bestiality's prevalence, frequency, and the risk posed by those who have sex with animals. It is important for clinicians to know the legal status of the behavior in their jurisdictions, to understand possible medical and psychiatric complications and comorbidities, and to know how to evaluate and treat individuals who engage in bestiality or have the related diagnosis of zoophilic disorder. This article provides an overview of the terminology and research pertaining to bestiality, summarizes legal and ethical considerations, and describes clinically relevant information for the evaluation and management of individuals engaged in sex with animals. - Behavioral Sciences & the Law, EarlyView.
  

  October 11, 2018   doi: 10.1002/bsl.2368   open full text
• Judicial appraisals of risk assessment in sentencing.
  John Monahan, Anne L. Metz, Brandon L. Garrett.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 11, 2018
  --- - |2 The assessment of an offender's risk of recidivism is emerging as a key consideration in sentencing policy in many US jurisdictions. However, little information is available on how actual sentencing judges view this development. This study surveys the views of a population sample of judges in Virginia, the state that has gone further than any other in legislatively mandating risk assessment for certain drug and property offenders. Results indicate that a strong majority of judges endorse the principle that sentencing eligible offenders should include a consideration of recidivism risk. However, a strong majority also report the availability of alternatives to imprisonment in their jurisdictions to be inadequate at best. Finally, most judges oppose the adoption of a policy requiring them to provide a written reason for declining to impose alternative interventions on “low‐risk” offenders. - Behavioral Sciences & the Law, EarlyView.
  

  October 11, 2018   doi: 10.1002/bsl.2380   open full text
• Harming animals and massacring humans: Characteristics of public mass and active shooters who abused animals.
  Arnold Arluke, Adam Lankford, Eric Madfis.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 11, 2018
  --- - |2 Researchers have extensively studied the tendency of certain violent criminals to hurt or torture animals, primarily focusing on domestic abusers and serial killers. However, little is known about the extent or nature of prior animal abuse among active shooters and public mass shooters. Public mass and active shooters essentially represent a single offender type: they are people who commit rampage attacks in public places and attempt to harm multiple victims beyond a single target. The only difference is that “mass” shootings are traditionally defined as cases resulting in the death of four or more victims, while “active” shootings have no minimum threshold. This study aimed to identify all publicly reported cases of active and mass shooters who engaged in animal cruelty, describe the nature of their violence toward animals and humans, and examine how they differ from other perpetrators without this history. Overall, this study found 20 cases of offenders with a publicly reported history of animal abuse. Comparisons between offenders with and without this history indicated that animal‐abusing offenders were more likely to be young and White, less likely to die at the crime scene, and more likely to kill and wound a large number of victims. While this finding supports the idea that animal abuse might be a warning sign for a small but deadly minority of mostly youthful offenders, it is likely not a robust signal of future shooters in general because animal abuse is rarely reported in this population of offenders at large. - Behavioral Sciences & the Law, EarlyView.
  

  October 11, 2018   doi: 10.1002/bsl.2385   open full text
• Life‐sentenced juveniles: Public perceptions of risk and need for incarceration.
  Kirk Heilbrun, Kelley Durham, Alice Thornewill, Rebecca Schiedel, Victoria Pietruszka, Sarah Phillips, Benjamin Locklair, Joanna Thomas.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 09, 2018
  --- - |2 Pursuant to recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016), individuals convicted of crimes committed when they were younger than 18 and for which they received mandatory life sentences are entitled to new sentencing hearings. This study examined public perceptions of such individuals (life‐sentenced juveniles, or LSJs). Study participants were 663 adults (52.3% male) ages 22–71 years (M = 36.00, SD = 11.46) recruited using Amazon Mechanical Turk (MTurk). Each participant received one of a possible four vignettes about a man who was incarcerated for a crime that occurred when he was 17 years old and subsequently sentenced to mandatory life in prison following conviction. Two variables (risk of harming others if released to the community, and circumstances of the crime) were manipulated in a 2 × 2 between‐subjects design. Each participant read one vignette and then answered questions relating to appropriateness for release from prison. Results indicate that risk, but not circumstances of the crime, strongly influenced participants' views regarding resentencing. When the individual in the vignette was labeled as high risk, participants described him as less appropriate for release, more deserving of punishment, needing more rehabilitation, and more appropriate for specific and general deterrence. The circumstances of the crime had no effect on participants' responses. This may be important for various reasons, as applicable law does not explicitly identify risk as a consideration in juvenile resentencing. The nonetheless noteworthy empirical influence of risk on perceptions regarding LSJs is discussed in their implications for research, policy, and practice. - Behavioral Sciences & the Law, EarlyView.
  

  October 09, 2018   doi: 10.1002/bsl.2377   open full text
• Integrating risk and dangerousness in specific legal contexts: Clarifying concepts and justifying interventions.
  Robert F. Schopp.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 09, 2018
  --- - |2 Abstract Several legal interventions under the police power and parens patriae functions of the state depend partially on judgments that an individual is dangerous. Psychological research regarding risk assessment can provide relevant evidence regarding the appropriate application of these interventions. Developing, interpreting, and presenting relevant research regarding risk assessment in a manner that enhances the ability of courts to make accurate determinations of dangerousness requires clarification of the risk presented by this individual and explanation of how this person generates this risk. Testimony regarding such research can enhance the ability of the courts to make accurate judgments regarding the relationship between the risk presented and the justification for the specific intervention at issue. This article examines the justificatory functions of judgments of dangerousness for various police power and parens patriae interventions in order to clarify the manner in which psychological research and testimony can contribute to the ability of the courts to accurately assess the risk presented by an individual in making a judgment of dangerousness for a specific form of legal intervention. - Behavioral Sciences & the Law, EarlyView.
  

  October 09, 2018   doi: 10.1002/bsl.2381   open full text
• Risk assessment communication difficulties: An empirical examination of the effects of categorical versus probabilistic risk communication in sexually violent predator decisions.
  Daniel A. Krauss, Gabriel I. Cook, Lukas Klapatch.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 08, 2018
  --- - |2 Expert testimony concerning risk and its communication to the trier of fact has important implications for some of the most significant legal decisions. In a simulated sexual violent predator hearing, we examined how mock jurors interpret and use recidivism risk expert testimony communicated either categorically, using verbal labels, or probabilistically, using numeric values. Based upon the STATIC‐99R, we compared mock jurors' decision‐making and verdicts when we manipulated the style of risk communication across four different risk levels. In terms of verdict decisions, we found that higher risk levels were associated with more commitment decisions, but that this relationship only existed for the categorical risk‐communication format. We also replicated previous research demonstrating that participants overestimate recidivism risk in general, especially when higher risk is communicated categorically. Finally, our participants did not differentiate well between the four levels of risk offered, instead apparently employing a more simplistic dichotomy between “low” or “high” risk for both their verdict decisions and their thresholds for commitment. The legal and policy implications of our findings are discussed, as well as suggestions for more effective presentation of expert risk testimony. - Behavioral Sciences & the Law, EarlyView.
  

  October 08, 2018   doi: 10.1002/bsl.2379   open full text
• The case against categorical risk estimates.
  Nicholas Scurich.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 05, 2018
  --- - |2 Abstract Risk estimates can be communicated in a variety of forms, including numeric and categorical formats. An example of the latter is “low/medium/high risk.” The categorical format is preferred by judges and practitioners alike, and is mandated by the most commonly utilized forensic risk assessment instruments (the HCR‐20 and the Static‐99). This article argues against the practice of communicating risk in categorical terms on empirical and normative grounds. Empirically, there is no consensus about what level of risk corresponds to a particular category, such as “high risk.” Moreover, recent studies indicate that categorizing an otherwise continuous risk estimate does not add incremental predictive validity to the risk estimate. Normatively, categorization obscures what is fundamentally a value judgment about the relative costs and benefits of correct (e.g., true positive) and incorrect (e.g., false positive) outcomes. Such a judgment is inherently non‐scientific and invades the province of the jury. Indeed, categorical risk estimates are in principle no different than “dangerousness predictions,” which are simply binary and which have been denounced by the field. The fact that alternative risk communication formats have limitations does not justify continuing the pervasive practice of communicating categorical risk estimates. - Behavioral Sciences & the Law, EarlyView.
  

  October 05, 2018   doi: 10.1002/bsl.2382   open full text
• An update and expansion on the role of the Violence Risk Appraisal Guide and Historical Clinical Risk Management‐20 in United States case law.
  Jennifer Cox, Jaymes Fairfax‐Columbo, David DeMatteo, Michael J. Vitacco, Megan R. Kopkin, Caroline Titcomb Parrott, Elizabeth Bownes.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 02, 2018
  --- - |2 Abstract An individual's risk for future violent behavior may be considered in various legal contexts, including civil commitment, criminal sentencing, or suitability for parole. Among the assessment tools forensic evaluators use to assess violence risk are the Violence Risk Appraisal Guide (VRAG; Quinsey, Harris, Rice, & Cormier, ) and the Historical Clinical Risk Managment‐20 (HCR‐20)/Historical Clinical Risk Management‐20, Version 3 (HCR‐20V3) (Webster, Douglas, Eaves, & Hart, and Douglas, Hart, Webster, & Belfrage, , respectively). Previous surveys and case law research suggest that these measures are widely used and perceived to be useful in aiding forensic clinicians. This study provides an update to Vitacco, Erickson, Kurus, and Apple () and examines the use of the HCR‐20 and VRAG in United States case law. A LexisNexis review revealed 134 cases decided between 1 January 2010 and 21 December 2016 that included the HCR‐20, VRAG, or both. Results revealed that these measures are typically introduced by the prosecution to inform opinions regarding general violence risk. In addition, consistent with previous research, these data suggest the introduction of the HCR‐20 and VRAG is rarely challenged and, when challenged, these challenges are rarely successful. However, data suggest that courts and parole boards may focus on specific risk factors (e.g., lack of insight) at the expense of other, more objective factors. Finally, we offer suggestions for clinicians who have transitioned to the newest version of the HCR‐20. - Behavioral Sciences & the Law, EarlyView.
  

  October 02, 2018   doi: 10.1002/bsl.2376   open full text
• Will jurors correct for evidence interdependence in their verdicts? It depends.
  Margaret Pate, Megan Kienzle, Vanessa Vogler.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 28, 2018
  --- - |2 Abstract Throughout an investigation, pieces of evidence are likely to contaminate one another, yet at trial jurors are expected to treat pieces of evidence as if they are independent. Are jurors able to understand potential evidence contamination? The present study showed mock jurors a videotaped trial simulation. Participants were randomly assigned to hear testimony regarding one piece of evidence, two pieces of independent evidence, or two pieces of interdependent evidence. The study tested the hypothesis that jurors who hear evidence that is interdependent will be just as likely to find the defendant guilty as jurors who hear about two pieces of independent evidence. When an eyewitness's identification was the uncontaminated piece of evidence, our hypothesis was supported. However, when the confession was the uncontaminated piece of evidence, jurors seemed to understand that one piece of evidence had been influenced by another and adjusted their beliefs about the defendant's guilt accordingly. This study supports the conclusion that jurors can sometimes identify and correct for evidence contamination in their perceptions of a defendant's guilt. Implications for reform support are discussed. - Behavioral Sciences & the Law, EarlyView.
  

  September 28, 2018   doi: 10.1002/bsl.2366   open full text
• Assignment of culpability to animals as a form of abuse: Historical and cultural perspectives.
  Kenneth J. Weiss, Laurentine Fromm, Joel Glazer.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 25, 2018
  --- - |2 Abstract How the law regards animals reflects cultural trends that have varied widely from antiquity to the present. This article argues that cultural views of animals have shaped laws, attitudes, and practices worldwide. Whereas ancient (biblical and Mesopotamian) practices turned on economics, medieval concepts of animal culpability aligned with Christian beliefs of the primacy of humans. In medieval Europe, pets, farm animals, vermin, and insects could be held accountable for damage to persons and property. Considered entitled to due process, they were represented, tried, and punished – sometimes in public executions. Centuries of regarding animals as property subordinated to humans gave way to animal cruelty laws. It was not until the 19th century that respect for animal welfare, apart from economics, assumed legal significance. Presently, animals are not considered capable of criminal intent but can be “executed” for dangerousness. However, they may possess legal standing as civil complainants in animal rights cases. Contemporary trends include animal rights activism and courts conferring legal personhood to animals. The discussion concludes that there will be disparate approaches worldwide, based on prevailing views of animal sentience, spiritually based concepts and values, litigation arguing property and environmental law, and economics. - Behavioral Sciences & the Law, EarlyView.
  

  September 25, 2018   doi: 10.1002/bsl.2372   open full text
• Animal maltreatment law: Evolving efforts to protect animals and their forensic mental health implications.
  Brian James Holoyda.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 25, 2018
  --- - |2 Abstract Animals have long formed an important part of human communities and served various roles in human activities. Some of the earliest human civilizations developed laws that protected animals for assorted reasons, including their economic value, religious beliefs pertaining to animals, and societal concerns about cleanliness. In the 1800s, Western thinkers began to view animals as having rights of their own and proposed legislation that changed the legal landscape regarding animal maltreatment. In the United States today there are widely varying laws designed to address the various forms of animal maltreatment. Each state's laws are different. Some states have modern statutes designed to identify and punish animal maltreatment, and others are relatively lax in their consideration of what constitutes abuse. The purpose of this article is to review the development of animal maltreatment legislation from ancient civilization to the present day in the United States; to identify current legislative reforms designed to assist in investigating and prosecuting animal abusers; to describe the role that forensic mental health experts may play in evaluating abusers for a variety of related concerns, including violence risk, sexual violence risk, and fitness for guardianship of an animal; and to delineate areas requiring further research to improve the forensic evaluation of animal abusers. - Behavioral Sciences & the Law, EarlyView.
  

  September 25, 2018   doi: 10.1002/bsl.2367   open full text
• Differentiating factitious psychological presentations from malingering: Implications for forensic practice.
  Sarah Velsor, Richard Rogers.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 18, 2018
  --- - |2 Abstract Practitioners and researchers have long been challenged with identifying deceptive response styles in forensic contexts, particularly when differentiating malingering from factitious presentations. The origins and the development of factitious disorders as a diagnostic classification are discussed, as well as the many challenges and limitations present with the current diagnostic conceptualization. As an alternative to a formal diagnosis, forensic practitioners may choose to consider most factitious psychological presentations (FPPs) as a dimensional construct that are classified like malingering as a V code. Building on Rogers' central motivations for malingering, the current article provides four explanatory models for FPPs; three of these parallel malingering (pathogenic, criminological, and adaptational) but differ in their central features. In addition, the nurturance model stresses how patients with FPPs attempt to use their relationship with treating professionals to fulfill their unmet psychological needs. Relying on these models, practical guidelines are recommended for evaluating FPPs in a forensic context. - Behavioral Sciences & the Law, EarlyView.
  

  September 18, 2018   doi: 10.1002/bsl.2365   open full text
• The relations among animal abuse, psychological disorders, and crime: Implications for forensic assessment.
  Frank R. Ascione, Shelby E. McDonald, Philip Tedeschi, James Herbert Williams.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 12, 2018
  --- - |2 Abstract The confluence of developments in the assessment of animal abuse, the evolution of psychiatric nosology for the diagnosis of conduct disorder, legislative changes involving crimes against non‐human animals, and the recent inclusion of crimes against animals in the FBI's National Incident‐Based Reporting System, highlights the critical need for examining the forensic dimensions of animal abuse cases. We provide an overview of the research literature on these topics in the hope that forensic evaluators will have an evidence‐based framework for assessing cases they encounter that include perpetration of violence against animals. - Behavioral Sciences & the Law, EarlyView.
  

  September 12, 2018   doi: 10.1002/bsl.2370   open full text
• Animal hoarding: The challenge for mental health, law enforcement, and animal welfare professionals.
  Randall Lockwood.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 07, 2018
  --- - |2 Abstract Animal hoarding has been considered a significant problem by animal welfare and law enforcement professionals for over a century. However, it has only been recognized as an indication of a mental disorder in the last decade. I review the different forms that animal hoarding can take and the current understanding of the prevalence, demographics and possible etiology of this disorder. Conventional animal cruelty laws have often been inadequate to respond to animal hoarding cases until they reach levels that may involve serious harm to animals and people. I document how prosecution of such cases can be difficult and often does not adequately consider the mental health issues underlying the problem or the high likelihood of recidivism. Attempts to solve these problems by enacting new laws specifically addressing animal hoarding have been controversial and ineffective. I explore new approaches that coordinate a variety of community resources in response to hoarding cases that offer the best opportunity to respond to both the human and animal problems associated with animal hoarding. - Behavioral Sciences & the Law, EarlyView.
  

  September 07, 2018   doi: 10.1002/bsl.2373   open full text
• The predictive ability of childhood animal cruelty methods for later interpersonal crimes.
  Christopher Hensley, Joseph B. Ketron.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 31, 2018
  --- - |2 Abstract Research on the topic of childhood animal cruelty methods and their link to interpersonal violence is sparse. Most of the studies that do exist focus only on the frequencies of different methods of childhood animal cruelty. Only two studies to date have examined the predictive nature of these methods for later violence toward humans. One of these previous studies found that drowning and having sex with animals were predictive of later human violence, while the other found that sex with animals and the age at which the offenders began committing animal cruelty were its only statistically significant predictors. Using data collected from 257 anonymous self‐reports by male inmates at a medium‐security prison in a Southern state, we investigate the predictive ability of several retrospectively identified childhood animal cruelty methods (i.e., drowning, hitting/beating, hitting with rocks, shooting, kicking, choking, burning, stabbing, having sex, and starving/neglecting) for later violent crimes toward humans. Regression analyses revealed that recurrent (i.e., more than once) childhood animal cruelty and stabbing animals were the only statistically significant variables in the model that predicted recurrent interpersonal violence in adulthood. - Behavioral Sciences & the Law, EarlyView.
  

  August 31, 2018   doi: 10.1002/bsl.2369   open full text
• Issue Information.
  
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 09, 2018
  --- - - Behavioral Sciences & the Law, Volume 36, Issue 4, July/August 2018.
  

  August 09, 2018   doi: 10.1002/bsl.2316   open full text
• The developing significance of context and function: Neuroscience and law.
  David Freedman, George W. Woods.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 22, 2018
  --- - |2 Abstract Neuroscience has already changed the understanding of how intent forms and is acted upon, how an individual's cognitive processes shape behavior, and how bio‐psychosocial history and neurodevelopmental approaches provide information that has been largely missing from the assessment of intent. In this paper, we first review the state of forensic assessment of mental condition and intent, focused primarily on the weaknesses of the current approach. In Section 2, we discuss neurobehavioral forensic assessment, which is a neuroscience‐based approach. Section 3 focuses on the changing understanding of mental illness and how neuroscience is pushing law towards a functional capacity‐and‐ability model and away from a diagnostic cut‐off model. Finally, in Sections 4 and 5, we turn to the role of social and environmental context in shaping behavior and propose a model of behavioral intent in line with the scientific evidence. - Behavioral Sciences & the Law, Volume 36, Issue 4, Page 411-425, July/August 2018.
  

  July 22, 2018   doi: 10.1002/bsl.2351   open full text
• Predicting physically violent misconduct in prison: A comparison of four risk assessment instruments.
  Milena Abbiati, Julie Palix, Jacques Gasser, Valérie Moulin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 20, 2018
  --- - |2 Abstract Violence in correctional facilities is an important issue for both prisoners and prison staff. Risk assessment instruments have demonstrated their accuracy in predicting the risk of (re) offending and institutional violence in psychiatric settings, but less is known about their ability to predict violent misconduct in prison. The present study applied four risk assessment instruments (Structured Assessment of Protective Factors for violence risk, Historical Clinical Risk Management‐20, Psychopathy checklist – Revised, and Violent Risk Appraisal Guide) to 52 violent offenders in a Swiss prison in order to evaluate the instruments' predictive validities. Outcomes were instances of physically violent, other and any misconduct as recorded in prison files during the 12 months following the prisoners' assessments. Approximately 15% of offenders committed physically violent misconduct and approximately 42% committed any misconduct. The results show that mainly dynamic assessment tools are as good predictors of physically violent misconduct as mainly static assessment tools. Targeting dynamic factors could increase the effectiveness of interventions to reduce the risk of physical violence in prison. - Behavioral Sciences & the Law, EarlyView.
  

  July 20, 2018   doi: 10.1002/bsl.2364   open full text
• Preventive justice: A paradigm in need of testing.
  Christopher Slobogin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 20, 2018
  --- - |2 Abstract This article is a revision of an address made at the 2016 annual conference of the American Psychology‐Law Society, in honor of receiving that organization's Distinguished Contribution Award. It sets forth a vision of the criminal justice system, and in particular the sentencing process, that is oriented toward preventive, rather than retributive, justice. After explaining preventive justice – a concept that in one form or another has been discussed for decades – and why it is worth revisiting at this time, the article proposes a number of hypotheses about the assumptions underlying preventive and retributive justice regimes. In the course of doing so, it references how the articles in this Special Issue of Behavioral Sciences and the Law address these hypotheses, and calls for further research from psychologists and other social scientists designed to test the fundamental assumptions of criminal law. - Behavioral Sciences & the Law, Volume 36, Issue 4, Page 391-410, July/August 2018.
  

  July 20, 2018   doi: 10.1002/bsl.2350   open full text
• The misjudgment of criminal responsibility.
  Robert A. Beattey, Mark R. Fondacaro.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 16, 2018
  --- - |2 Abstract Generally, a criminal statute must consist of two essential elements: a description of the forbidden act (actus reus) and a designation of a guilty mental state (mens rea). For a crime to be committed, an individual must commit the forbidden act with the culpable mental state. For any criminal act, both criminal liability and the possible punishment turn largely on retrospective judgments by legal decision‐makers about what a defendant was or was not thinking at the time of committing the forbidden act. Given the central and foundational nature of this legal judgment, there is surprisingly little empirical study of how the mens rea construct functions. Shen and colleagues have studied the reliability of mock jurors' ability to distinguish between the various mental state categories defined in the Model Penal Code and have identified some support for jurors' ability to reliably sort “guilty minds” into their “correct” categories (Shen, Hoffman, Jones, Greene, & Marois, ). The present study builds on this work by examining mock jurors' ability to reliably and “accurately” judge a defendant's mens rea at the time of an offense under conditions reflecting how criminal jurors are tasked with judging a defendant's mens rea. It was hypothesized that folk psychology models of human behavior that generally presume a high degree of personal control and responsibility would bias individuals' judgments of others' criminal behavior in the direction of reflecting intentional and purposeful conduct. Overall, results demonstrate that, in a surprisingly high percentage of cases across many conditions, individual decision‐makers are indeed likely to attribute the most culpable mental state (purpose) to defendants, even when the facts on the record are judged by legal experts to depict no more than negligent or reckless conduct. - Behavioral Sciences & the Law, Volume 36, Issue 4, Page 457-469, July/August 2018.
  

  July 16, 2018   doi: 10.1002/bsl.2354   open full text
• Comparing public concern and support for drone regulation to the current legal framework.
  Adam Zwickle, Hillary B. Farber, Joseph A. Hamm.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 13, 2018
  --- - |2 Abstract In this study we assess the extent to which the regulations governing the use of drones in the United States address the concerns held by the public they are meant to protect. In general, respondents were most supportive of those regulations that could be categorized as limiting one's exposure to an unwanted drone. The most popular policies were those that protected personal privacy, while the least popular were those that hampered drones used for public safety. The largest discrepancy was found to be respondents' preference for laws protecting personal privacy compared with the lack of regulatory constraints currently in place. Federal regulators have only begun to introduce regulations on how drones can be used in our national airspace, with additional regulations for other types and sizes of drones likely to be introduced in the future. The results of this study may be utilized by regulators and lawmakers to create a regulatory structure that effectively mitigates risk and supports the public interest. - Behavioral Sciences & the Law, EarlyView.
  

  July 13, 2018   doi: 10.1002/bsl.2357   open full text
• Cast into doubt: Free will and the justification for punishment.
  Stephen Koppel, Mark Fondacaro, Chongmin Na.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 13, 2018
  --- - |2 Abstract Criminal punishment is justified on either retributive or consequential grounds. The retributive justification is premised on a common‐sense view of free will: offenders can freely choose to commit crimes and so deserve blame for their actions. The consequentialist justification, in contrast, is not necessarily premised on the free will concept, but rather justifies punishment when it is the most cost‐effective way of preventing crime. Science elucidating the mechanistic causes of human behavior has thrown the notion of free will into doubt, leading some to predict a shift in public support away from retribution towards consequentialism. Past research shows that free will doubt weakens support for retribution, but less is known about its effects on support for consequentialism, or about whether these effects differ across the crime severity spectrum. In this study, we explore the effects of free will doubt on support for retribution and consequentialism in response to three different categories of crime – drug crime, property crime, and violent crime – which have been shown to evoke varying levels of emotion. We find clear inconsistencies across the crime spectrum. For high affect crime, free will doubt weakens support for retribution via blame, and increases support for consequentialism. For low affect crime, free will doubt weakens support for retribution to an even greater extent, yet also decreases support for consequentialism via blame. These findings suggest that, as science reveals the mechanistic causes of criminal behavior, support for criminal punishment will decrease, especially with respect to less serious crimes. - Behavioral Sciences & the Law, Volume 36, Issue 4, Page 490-505, July/August 2018.
  

  July 13, 2018   doi: 10.1002/bsl.2356   open full text
• Capital jurors, mental illness, and the unreliability principle: Can capital jurors comprehend and account for evidence of mental illness?
  Marla Sandys, Heather Pruss, Sara M. Walsh.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 13, 2018
  --- - |2 Abstract Recent U.S. Supreme Court opinions have given rise to the question of whether persons suffering from a severe mental illness should be categorically exempt from the death penalty. This article presents a brief overview of relevant U.S. Supreme Court cases and the empirical evidence relevant to this question. We then present our findings on how actual capital jurors respond to and discuss engaging with evidence of mental illness, as drawn from in‐depth interviews collected as part of the Capital Jury Project. Existing research reveals that in the controlled situation of an experiment, evidence of mental illness is associated with votes for life rather than death. Similarly, actual capital jurors in our study reported anticipating that evidence of mental illness would make them less likely to vote for death. However, those jurors who dealt with mental illness in their case appeared to be less sensitive: they describe such evidence as having been overshadowed by the brutality of the crime; as indicative of the defendant's future dangerousness; as being confusing, especially as presented by experts; and as a manipulative attempt on the part of the defendant to trick the jurors. The findings suggest that capital jurors cannot reliably comprehend and account for evidence of mental illness and thus offer a compelling reason for the Court to exempt those suffering from a mental illness from the death penalty. - Behavioral Sciences & the Law, Volume 36, Issue 4, Page 470-489, July/August 2018.
  

  July 13, 2018   doi: 10.1002/bsl.2355   open full text
• Developmental impairments in moral competence as mitigation in capital cases.
  Robert Walker, James J. Clark, Edward C. Monahan, Art Shechet, Bhushan S. Agharkar, Athena Kheibari, Grant Victor III.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 13, 2018
  --- - |2 Abstract In this article we propose a mitigation approach in those capital murder cases where traditional mitigation themes such as mental illness or low IQ are not present. To avoid prosecution characterization of these defendants as simply evil or antisocial personalities, we suggest reframing the issue as one of moral incompetence, based not on character defect but rather stemming from profoundly neglectful or abusive parenting. Under this reframing, defense teams would present evidence about the many antecedents of poor moral competence, its origins in neglect or abuse, its neurophysiological basis, and, most importantly, its potential for change. Evaluation in such cases would pay close attention to early childhood and family characteristics. We also recommend presentation of research findings showing how moral competence can be improved in adulthood, given appropriate guidance and support. This approach to mitigation is consistent with much of the developmental literature. But juror responses to these mitigation themes are as yet unknown. - Behavioral Sciences & the Law, Volume 36, Issue 4, Page 437-456, July/August 2018.
  

  July 13, 2018   doi: 10.1002/bsl.2353   open full text
• Rethinking the voluntary act requirement: Implications from neuroscience and behavioral science research.
  Natalie S. Gordon, Mark R. Fondacaro.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 13, 2018
  --- - |2 Abstract Criminal responsibility in the American legal system requires the presence of an actus reus—a harmful act that was committed voluntarily—and a mens rea, or guilty mind. Courts frequently consider questions surrounding mens rea but rarely question whether an act was committed voluntarily. Thus, courts presume that acts have been committed voluntarily and with an ill will; retribution, which serves the primary basis for punishment in the USA, relies on this presumption. Research in neuroscience and the behavioral sciences, however, suggests that this presumption is flawed and not sufficiently robust to justify punishment that is grounded in retribution. In this paper we discuss the presumption of voluntariness and free will inherent in the law, provide examples of how the courts have conflated actus reus and mens rea and the consequences of doing so, and the implications of neuroscience and behavioral science research for actus reus (also known as the voluntary act requirement). Finally, we propose re‐conceptualizing punishment within a consequentialist, empirically‐based framework that does not rely on folk psychological notions about human behavior and reinvigorates the actus reus as the foundational requirement for legal responsibility. - Behavioral Sciences & the Law, Volume 36, Issue 4, Page 426-436, July/August 2018.
  

  July 13, 2018   doi: 10.1002/bsl.2352   open full text
• Diversion evaluations: a specialized forensic examination.
  Virginia Barber‐Rioja, Merrill Rotter, Faith Scombs.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 19, 2017
  Diversion programs screen justice‐involved individuals for the presence of psychiatric disorders, and after negotiations take place with attorneys and treatment providers, these programs link participants with community‐based treatment programs in lieu of incarceration. As the number of diversion programs, including mental health courts, continues to rapidly grow, so does the need for “diversion evaluations”. Diversion evaluations are a type of forensic mental health assessment (FMHA) conducted to assist the courts in making decisions regarding diversion eligibility. As a result, they should follow the general principles of FMHA and the American Academy of Psychiatry and Law Practice Guideline for Forensic Assessment. Diversion evaluations also require application of specific areas of knowledge and experience, as court‐based diversion is a unique, therapeutically focused context that is purposefully non‐adversarial. The diversion evaluator is a role that combines objective decision‐making with clinical consultation. The purpose of this article is to apply generally accepted forensic report standards to diversion evaluations, with a particular focus on the unique issues of diversion‐specific forensic evaluations.

  October 19, 2017   doi: 10.1002/bsl.2309   open full text
• Revising the paradigm for jail diversion for people with mental and substance use disorders: Intercept 0.
  Dan Abreu, Travis W. Parker, Chanson D. Noether, Henry J. Steadman, Brian Case.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 16, 2017
  A conceptual model for community‐based strategic planning to address the criminalization of adults with mental and substance use disorders, the Sequential Intercept Model has provided jurisdictions with a framework that overcomes traditional boundaries between the agencies within the criminal justice and behavioral health systems. This article presents a new paradigm, Intercept 0, for expanding the utility of the Sequential Intercept Model at the front end of the criminal justice system. Intercept 0 encompasses the early intervention points for people with mental and substance use disorders before they are placed under arrest by law enforcement. The addition of Intercept 0 creates a conceptual space that enables stakeholders from the mental health, substance use, and criminal justice systems to consider the full spectrum of real‐world interactions experienced by people with mental and substance use disorders with regard to their trajectories, or lack thereof, through the criminal justice system.

  October 16, 2017   doi: 10.1002/bsl.2300   open full text
• Countywide implementation of crisis intervention teams: Multiple methods, measures and sustained outcomes.
  Sheryl Kubiak, Erin Comartin, Edita Milanovic, Deborah Bybee, Elizabeth Tillander, Celeste Rabaut, Heidi Bisson, Lisa M. Dunn, Michael J. Bouchard, Todd Hill, Steven Schneider.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 05, 2017
  The crisis intervention team (CIT) is a tool that can be used to foster pre‐booking diversion of individuals with mental illness from the criminal justice system and into community treatment services. Although CIT is often implemented solely as the training of law enforcement officers, the model stipulates that CIT is a vehicle for collaboration with community stakeholders who share a similar philosophy, as well as expanded mental health services offering a 24 hour–seven days per week drop‐off option for law enforcement officers. This case study presents the countywide implementation of CIT and expands previous findings on the prevalence of officer interaction with persons with mental health issues and CIT training outcomes, including changes in officer perception of individuals with mental health issues. Furthermore, analysis of the disposition of calls for officer assistance coded as mental health or suicide found significant increases in officer drop‐offs to the mental health crisis center post‐CIT training. Interrupted time series analysis determined that this change has been sustained over time, perhaps owing to the unique communication between county law enforcement and mental health staff. Implications for policy and practice are discussed.

  October 05, 2017   doi: 10.1002/bsl.2305   open full text
• Police officers' volunteering for (rather than being assigned to) Crisis Intervention Team (CIT) training: Evidence for a beneficial self‐selection effect.
  Michael T. Compton, Roger Bakeman, Beth Broussard, Barbara D'Orio, Amy C. Watson.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 22, 2017
  Officers' volunteering for Crisis Intervention Team (CIT) training—rather than being assigned—is assumed to be an important, beneficial self‐selection bias. This bias remains poorly characterized, though CIT officers are more likely to be female and to have had exposure to the mental health field. We determined whether or not self‐selection is beneficial with regard to knowledge, attitudes, and skills, as well as level of force used (i.e., no or low force versus any form of physical force) and disposition of subjects, in actual encounters. We compared CIT‐trained officers who had volunteered with those who had been assigned using data from two prior, linked studies that compared CIT‐trained and non‐CIT officers on knowledge, attitudes, and skills (251 CIT‐trained officers; 68% had volunteered), as well as behaviors (517 actual encounters provided by 91 CIT‐trained officers; 70% had volunteered). Of 28 scores on knowledge, attitudes, and skills compared, six were statistically significantly different (p < .01) and another eight were marginally significant (.01 < p < .05). Furthermore, although CIT officers who had volunteered were more likely to report use of some form of physical force as we had defined it (which included the use of handcuffs), when they did so they were more likely to refer to treatment services and less likely to make an arrest. These effects were apparent even when taking into account effects of gender, having had exposure to the mental health field, empathy, and other covariates. In conclusion, we found evidence for benefits of self‐selection/volunteering that should be further characterized, as it appears to be associated with better outcomes with regard to key attitudes, skills, and behaviors.

  September 22, 2017   doi: 10.1002/bsl.2301   open full text
• Characterizing community courts.
  Tali Gal, Hadar Dancig‐Rosenberg.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 18, 2017
  Community courts (CCs) provide a therapeutic diversion for repeat low‐level offenders. This article explores the characteristics of two Israeli CCs using the Criminal Law Taxonomy (CLT), an instrument developed by the authors for assessing process‐, stakeholder‐, substance‐, and outcomes‐related characteristics of criminal justice mechanisms. Through court‐hearing observations and a process of multi‐rater coding of cases, the article analyzes the courtroom dynamics according to a set of 13 measurable parameters. The process was conceived as a vehicle for promoting the model goals: it was highly offender‐oriented and involved a needs‐based terminology while allowing for restrained expression of emotion. However, the process included no victim–offender dialogue and offender supporters and community representatives were only partially involved. The findings provide information about the program's implementation integrity; they also offer a basis for comparison with the characteristics of other justice mechanisms. While focusing on an Israeli program, the issues the article addresses reflect practices and controversies that are salient in many jurisdictions worldwide.

  September 18, 2017   doi: 10.1002/bsl.2310   open full text
• Veteran treatment courts: A promising solution.
  Ashok Paparao Yerramsetti, Daniel David Simons, Loretta Coonan, Andrea Stolar.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 14, 2017
  The high prevalence of substance use, traumatic brain injury, post‐traumatic stress disorder, and other mental illness in the veteran population presents unique public health and social justice challenges. Veteran involvement in the justice system has been identified as a national concern. Criminal justice involvement compounds pre‐existing socioeconomic stressors and further strains support systems. The point of contact with the criminal justice system, however, presents an opportunity to establish mental health treatment. This is consistent with the concept of the sequential intercept model that seeks to divert offenders with mental illness from the criminal justice system into treatment. In recent years, many jurisdictions have established veterans treatment courts (VTCs), a type of problem‐solving court serving this diversion function for military veterans. This article presents an overview of the problem, the ethical basis for their development, a brief history of the courts, and their potential for success. The Harris County Veterans Court is presented as an example.

  September 14, 2017   doi: 10.1002/bsl.2308   open full text
• Diversion at re‐entry using criminogenic CBT: Review and prototypical program development.
  Kirk Heilbrun, Victoria Pietruszka, Alice Thornewill, Sarah Phillips, Rebecca Schiedel.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 14, 2017
  Society and the criminal justice system prioritize the reduction of reoffending risk as part of any criminal justice intervention. The Sequential Intercept Model identifies five points of interception at which justice‐involved individuals can be diverted into a more rehabilitative alternative: (1) law enforcement/emergency services; (2) booking/initial court hearings; (3) jails/courts; (4) re‐entry; and (5) community corrections/community support. The present article focuses on diversion as part of Intercept 5 – re‐entry planning and specialized services in the community. We describe the challenges associated with diversion at this stage, and review the relevant research. Next, we describe a “criminogenic cognitive behavioral therapy” project that has been developed and implemented as part of a federal re‐entry court. Finally, we discuss the implications of the challenges of intervention at this stage, and the recently developed “Re‐entry Project,” for research, policy, and practice.

  September 14, 2017   doi: 10.1002/bsl.2311   open full text
• Retributive justifications for jail diversion of individuals with mental disorder.
  E. Lea Johnston.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 14, 2017
  Jail diversion programs have proliferated across the United States as a means to decrease the incarceration of individuals with mental illnesses. These programs include pre‐adjudication initiatives, such as crisis intervention teams, as well as post‐adjudication programs, such as mental health courts and specialized probationary services. Post‐adjudication programs often operate at the point of sentencing, so their comportment with criminal justice norms is crucial. This article investigates whether and under what circumstances post‐adjudication diversion for offenders with serious mental illnesses may cohere with principles of retributive justice. Key tenets of retributive theory are that punishments must not be inhumane and that their severity must be proportionate to an offender's desert. Three retributive rationales could justify jail diversion for offenders with serious mental illnesses: reduced culpability, the avoidance of inhumane punishment, and the achievement of punishment of equal impact with similarly situated offenders. This article explores current proposals to effectuate these rationales, their manifestations in law, and how these considerations may impact decisions to divert individuals with serious mental illnesses from jail to punishment in the community.

  September 14, 2017   doi: 10.1002/bsl.2303   open full text
• Mental health courts and forensic assertive community treatment teams as correctional diversion programs.
  Jacqueline Landess, Brian Holoyda.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 11, 2017
  Problem‐solving courts (PSCs) developed as a means of mandating treatment and judicial supervision of certain types of court participants. PSCs have rapidly expanded in number and type over several decades. Mental health courts (MHCs) are a type of PSC that arose in response to the growing number of persons with mental illness within the criminal justice system. Their primary role is to divert individuals with mental illness from incarceration into psychiatric treatment and to reduce recidivism while improving psychosocial functioning of participants. Although different in history, philosophy, and program structure, forensic assertive community treatment (FACT) programs serve a similar goal of reducing recidivism and improving functioning in persons with mental illness who are involved with the criminal justice system. FACTs may be used as a standalone diversion option or be linked with a MHC as a form of intensive treatment and monitoring. Suggestions for future research and evaluation of these programs are offered.

  September 11, 2017   doi: 10.1002/bsl.2307   open full text
• Evaluation of CT's ASIST program: Specialized services to divert higher risk defendants.
  Linda K. Frisman, Hsiu‐Ju Lin, Eleni T. Rodis, Joseph Grzelak, Michael Aiello.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 07, 2017
  Some criminal defendants with mental illness may not be referred to traditional mental health jail diversion programs because they have a history of non‐compliance with treatment, or complex personal circumstances such as homelessness. To successfully divert such individuals, Connecticut has developed a specialized program called the Advanced Supervision and Intervention Support Team (ASIST), which offers criminal justice supervision in conjunction with mental health treatment and support services. An evaluation of the ASIST program included a six‐month follow‐up study of 111 program clients to examine mental health functioning and other outcomes, and a comparison of administrative data for 492 ASIST clients with a propensity‐matched group to examine recidivism. Follow‐up study clients showed improvements in mental health. Administrative data showed no change in arrest rates, but a significant reduction in re‐incarceration. These findings must be viewed with caution due to the quasi‐experimental design of the study, but it appears that greater attention to criminogenic needs in addition to defendants' mental illness may help jurisdictions to divert a wider variety of defendants.

  September 07, 2017   doi: 10.1002/bsl.2302   open full text
• Nature, nurture, and capital punishment: How evidence of a genetic–environment interaction, future dangerousness, and deliberation affect sentencing decisions.
  Natalie Gordon, Edie Greene.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 07, 2017
  Research has shown that the low‐activity MAOA genotype in conjunction with a history of childhood maltreatment increases the likelihood of violent behaviors. This genetic–environment (G × E) interaction has been introduced as mitigation during the sentencing phase of capital trials, yet there is scant data on its effectiveness. This study addressed that issue. In a factorial design that varied mitigating evidence offered by the defense [environmental (i.e., childhood maltreatment), genetic, G × E, or none] and the likelihood of the defendant's future dangerousness (low or high), 600 mock jurors read sentencing phase evidence in a capital murder trial, rendered individual verdicts, and half deliberated as members of a jury to decide a sentence of death or life imprisonment. The G × E evidence had little mitigating effect on sentencing preferences: participants who received the G × E evidence were no less likely to sentence the defendant to death than those who received evidence of childhood maltreatment or a control group that received neither genetic nor maltreatment evidence. Participants with evidence of a G × E interaction were more likely to sentence the defendant to death when there was a high risk of future dangerousness than when there was a low risk. Sentencing preferences were more lenient after deliberation than before. We discuss limitations and future directions.

  September 07, 2017   doi: 10.1002/bsl.2306   open full text
• The crisis intervention team (CIT) model: An evidence‐based policing practice?
  Amy C. Watson, Michael T. Compton, Jeffrey N. Draine.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 30, 2017
  As academic researchers, we are often asked to opine on whether the Crisis Intervention Team model (CIT) is an evidence‐based practice (EBP) or evidence‐based policing. Our answer is that it depends on how you define evidence‐based practice and what outcome you are interested in. In this commentary, we briefly describe the CIT model, examine definitions of evidence‐based practice and evidence‐based policing, and then summarize the existing research on what is known about the effectiveness of CIT to date. We conclude that CIT can be designated an EBP for officer‐level cognitive and attitudinal outcomes, but more research is needed to determine if CIT can be designated an EBP for other outcomes. Using an evidence‐based practice process approach, CIT may also be a justified strategy for many communities. Future directions to inform the field are discussed.

  August 30, 2017   doi: 10.1002/bsl.2304   open full text
• “Life's hurried tangled road”: A therapeutic jurisprudence analysis of why dedicated counsel must be assigned to represent persons with mental disabilities in community settings.
  Alison J. Lynch, Michael L. Perlin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 29, 2017
  The right to counsel is a fundamental right for individuals facing criminal processes and involuntary civil commitment. However, individuals with serious mental illnesses are subject to many community proceedings (e.g., being taken by law enforcement to a crisis drop‐off center) where counsel is not available. We argue that, unless meaningful counsel is provided in such situations, the cycle of arrest, hospitalization, and stays in the community will continue for these individuals, who are among some of the most disenfranchised citizens in the nation and are often without any meaningful voice.

  August 29, 2017   doi: 10.1002/bsl.2312   open full text
• The psycholegal factors for juvenile transfer and reverse transfer evaluations.
  Christopher M. King.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 11, 2017
  It remains unclear whether forensic mental health assessments for juvenile reverse transfer (to juvenile court) are distinct from those for juvenile transfer (to adult court). This survey consisted of an updated review of transfer and reverse transfer laws (in jurisdictions that have both mechanisms) in light of the generally accepted three‐factor model of functional legal capacities involved in transfer evaluations (i.e., risk, sophistication–maturity, and treatment amenability). Results indicated that a majority of states' reverse transfer statutes refer explicitly or implicitly to the same three psycholegal constructs identified as central for transfer. Given the legal similarity between transfer and reverse transfer, potential practice implications and directions for future research are discussed.

  August 11, 2017   doi: 10.1002/bsl.2298   open full text
• Perceptions of voluntary consent among jail diverted veterans with co‐occurring disorders.
  Max L. Trojano, Paul P. Christopher, Debra A. Pinals, Autumn Harnish, David Smelson.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 01, 2017
  This study assessed perceptions of voluntary consent among 69 veterans who enrolled in a “jail diversion” program for co‐occurring disorders. Perceptions were measured using modified items from the MacArthur Perceived Coercion and Negative Pressure Scales. A majority reported that they “chose to” (88.4%) or “felt free to” (85.5%) enroll. Most reported having “control over” (69.6%) and “more influence than anyone else” regarding (60.9%) their participation. About half reported that enrollment was “their idea” (49.3%). Fewer reported perceptions of negative pressure, including the feeling that someone “talked them into” enrolling (24.6%), “threatened them with the maximum criminal punishment” (13.0%), “offered or promised them something” (5.8%), or “forced” them to enroll (5.8%). Nobody felt “tricked, lied to, or fooled into” participating. Total negative pressure scores were higher in those with combat experience, U = 406.50, p = .016. Although potentially inappropriate pressures were reported, these data suggest that the majority perceived enrollment as voluntary.

  August 01, 2017   doi: 10.1002/bsl.2299   open full text
• Capitalizing on Scientific Advances to Improve Access to and Quality of Children's Mental Health Care.
  Ann F. Garland, Florencia Lebensohn‐Chialvo, Kristopher G. Hall, Erika R.N. Cameron.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 19, 2017
  The majority of mental health problems begin in childhood or adolescence. The potential benefits of early identification and treatment of such problems are well established, and models of effective mental health interventions for children have proliferated in recent decades. However, barriers in access to care and challenges in assuring delivery of high‐quality care significantly limit the public health impact of services for children and families. Specifically, the majority of children who need mental health care do not receive it, and when children are in care, many do not receive interventions that are most likely to have the greatest positive impact. A commitment to social justice requires significant improvement in access to care and quality of care to maximize human potential. The purpose of this manuscript is to highlight promising scientific advances in the development of effective mental health services for children and families, as well as the vexing challenges of actually delivering these services to those most in need. Key challenges to be discussed include disparities in access to care and quality of care, including race/ethnic disparities and complexities of navigating the multi‐sector mental health service system for children, and difficulties in implementing effective intervention models more consistently in community care. The authors will propose practice and policy reform recommendations to address these challenges. Copyright © 2017 John Wiley & Sons, Ltd.

  July 19, 2017   doi: 10.1002/bsl.2296   open full text
• Community Protection versus Individual Healing: Two Traditions in Community Mental Health.
  Philip T. Yanos, Edward L. Knight, Beth Vayshenker, Lauren Gonzales, Joseph S. DeLuca.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 03, 2017
  This article identifies two major traditions that drive the mandate for a community mental health care system—community protection and individual healing. It discusses the historical antecedents of these two traditions and how these traditions relate to different visions of what the “common good” means. It then discusses how they both operate in the current US‐based system, creating inherent conflicts and tensions, and gives specific examples from the personal and professional experiences of the authors. The article proposes ways to reduce the tension and discusses what sacrifices and compromises this resolution would entail for the US community mental health system. Copyright © 2017 John Wiley & Sons, Ltd.

  July 03, 2017   doi: 10.1002/bsl.2297   open full text
• Citizenship, Community Mental Health, and the Common Good.
  Kendall Atterbury, Michael Rowe.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 20, 2017
  In this article, we address the issue of community mental health and the common good via an applied theory of citizenship to support the social inclusion, empowerment, and inclusion of persons diagnosed with psychiatric disorders. We begin by discussing citizenship, and the concept of the common good, in regard to historical conceptions of citizenship, including the historical exclusion of women, people of color, persons with mental illness, and others. We then review the development of our citizenship framework in response to the limitations of even the most innovative community mental health interventions, specifically the practice of mental health outreach to persons who are homeless. We review findings from three citizenship research studies – a community‐level intervention, an individual‐ and group‐level intervention, and development of an individual instrument of citizenship – along with brief comments on current citizenship research. We conclude with a discussion of the challenges of realizing both the individual and collective potential of, and challenges to, the citizenship framework in relation to current and future community mental health systems of care. Copyright © 2017 John Wiley & Sons, Ltd.

  June 20, 2017   doi: 10.1002/bsl.2293   open full text
• The Sequential Intercept Model and Juvenile Justice: Review and Prospectus.
  Kirk Heilbrun, Naomi E.S. Goldstein, David DeMatteo, Rebecca Newsham, Elizabeth Gale‐Bentz, Lindsay Cole, Shelby Arnold.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 14, 2017
  Behavioral health needs in justice‐involved adolescents are an increasing concern, as it has been estimated that two‐thirds of youths in the juvenile justice system now meet the criteria for one or more psychological disorders. This article describes the application of the Sequential Intercept Model (SIM), developed to describe five “points of interception” from standard prosecution into rehabilitation‐oriented alternatives for adults (Munetz & Griffin, 2006), to juvenile justice. The five SIM intercepts are: (1) first contact with law enforcement or emergency services; (2) initial hearings and detention following arrest; (3) jails and courts (including problem‐solving courts); (4) re‐entry from jails, prisons and forensic hospitals; and (5) community corrections and community support, including probation and parole. Modifying the SIM for application with justice‐involved adolescents, this article describes three examples of interventions at different intercepts: Intercept 1 (the Philadelphia Police School Diversion Program), Intercept 3 (problem‐solving courts for juveniles), and Intercept 5 (juvenile probation). Relevant research evidence for each example is reviewed, and the further application of this model to juveniles is described. Copyright © 2017 John Wiley & Sons, Ltd.

  June 14, 2017   doi: 10.1002/bsl.2291   open full text
• Understanding and Treating Offenders with Serious Mental Illness in Public Sector Mental Health.
  H. Richard Lamb, Linda E. Weinberger.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 14, 2017
  This article begins with the history of the rise and fall of the state hospitals and subsequent criminalization of persons with serious mental illness (SMI). Currently, there is a belief among many that incarceration has not been as successful as hoped in reducing crime and drug use, both for those with and those without SMI. Moreover, overcrowding in correctional facilities has become a serious problem necessitating a solution. Consequently, persons with SMI in the criminal justice system are now being released in large numbers to the community and hopefully treated by public sector mental health. The issues to consider when releasing incarcerated persons with SMI into the community are as follows: diversion and mental health courts; the expectation that the mental health system will assume responsibility; providing asylum and sanctuary; the capabilities, limitations, and realistic treatment goals of community outpatient psychiatric treatment for offenders with SMI; the need for structure; the use of involuntary commitments, including assisted outpatient treatment, conservatorship and guardianship; liaison between treatment and criminal justice personnel; appropriately structured, monitored, and supportive housing; management of violence; and 24‐hour structured in‐patient care. Copyright © 2017 John Wiley & Sons, Ltd.

  June 14, 2017   doi: 10.1002/bsl.2292   open full text
• Self‐Reported Current Practices in Child Forensic Interviewing: Training, Tools, and Pre‐Interview Preparation.
  Jillian Rowback Rivard, Nadja Schreiber Compo.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 05, 2017
  In child sexual abuse investigations, forensic interviewers within the Child Advocacy Center (CAC) model serve as neutral fact‐finders for a team of professionals tasked with investigating and intervening in cases of alleged child sexual abuse. Although empirical evidence has led to the development of best‐practice techniques and protocols, there is currently no universally adopted protocol in the field. The present research gathered detailed information from a national sample of real‐world child forensic interviewers about their training and current practices, with a specific focus on assessing the information interviewers typically review prior to conducting child forensic interviews. Most notably, the survey revealed a lack of uniformity in interviewing protocols adopted and pre‐interview preparation practices. Although rare, some interviewers reported using an allegation‐blind interviewing approach, highlighting the need for future research on this and other under‐studied techniques. Copyright © 2017 John Wiley & Sons, Ltd.

  June 05, 2017   doi: 10.1002/bsl.2290   open full text
• Serious Offenders: Using Evidence to Predict and Manage the Risk.
  Dominic A.S. Pearson, Cynthia McDougall.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 16, 2017
  In response to the risk of serious further offences, an evidence‐based approach is needed in risk management. A recent joint prison–probation inspection of the management of life sentence prisoners in six U.K. prisons found that the quality of assessment and plans to manage risk of harm to others was insufficient, with too much focus on the offender's verbal account. The present paper discusses observations of regular prisoner behaviour as the basis for predictions, and summarizes results of an evaluation of this methodology based on a sample of high‐risk category prisoners released into the community. Prison behaviour has not traditionally been seen as a valid risk marker for violent recidivism, which may be because typically only conspicuous high‐level behaviours are considered by risk management panels. Our research suggests that we are neglecting a valuable source of information on risk by failing to observe on‐going and consistent pre‐release behaviour. Copyright © 2017 John Wiley & Sons, Ltd.

  May 16, 2017   doi: 10.1002/bsl.2288   open full text
• Children's Uncertain Responses when Testifying about Alleged Sexual Abuse in Scottish Courts.
  Samantha J. Andrews, Elizabeth C. Ahern, Michael E. Lamb.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 20, 2017
  This study examined the uncertain responses of 56 alleged sexual abuse victims, aged 5–17 years, testifying in Scottish criminal court trials. Don't know/remember ground rules were explained to 38% of the children and each child reported uncertainty in response to 15% of the questions on average. Uncertain responding was associated with expressions of resistance and confusion, questioning context (proportionally more regarding substantive than non‐substantive issues), question content (least to disclosure‐focused questions), utterance type (more to directives, particularly those posed by defense lawyers; more to recall‐based than recognition prompts), and age (children in mid‐adolescence were less likely to respond uncertainly than those who were either older or younger). There were no associations between expressions of uncertainty and ground rule administration, or with whether or not the question focused on central rather than peripheral details about the alleged crimes. Findings highlight concerns surrounding preparatory procedures to help witnesses, especially adolescents, indicate uncertainty when testifying. Copyright © 2017 John Wiley & Sons, Ltd.

  April 20, 2017   doi: 10.1002/bsl.2286   open full text
• Patient Characteristics and Outcomes Related to Successful Outpatient Competency Restoration.
  Amy J. Mikolajewski, Gina M. Manguno‐Mire, Kelly L. Coffman, Sarah M. Deland, John W. Thompson.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 20, 2017
  Criminal defendants have a fundamental right to a fair and speedy trial. However, individuals found incompetent to stand trial are unable to move forward in the adjudication process and are often mired in protracted legal proceedings. If competency restoration is statutorily permissible and can be conducted in the outpatient setting, we propose that it should be considered based on burgeoning empirical data. We present data from an outpatient forensic clinic in which individuals are conditionally released to receive competency restoration in the community. Results indicated that three variables, including being single/never married, having comorbid intellectual disability and mental illness, and having one's conditional release revoked, were negatively related to successful restoration. The final model explained approximately one‐third of the variance in restorability and correctly classified 75% of cases. Results demonstrate that individuals can be safely released to the community and successfully restored to competency in the outpatient setting. Utilizing outpatient competency restoration would not only reduce strain on inpatient facilities, but would also reduce the cost of treatment. Copyright © 2017 John Wiley & Sons, Ltd.

  April 20, 2017   doi: 10.1002/bsl.2287   open full text
• Navigating the Rolling Hills of Justice: Mental Disabilities, Employment and the Evolving Jurisprudence of the Americans with Disabilities Act.
  Lauren Wylonis, Nina T. Wylonis, Robert Sadoff.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 19, 2017
  Mental illness and disability affect millions of individuals yearly in the U.S. The most important legislation protecting the mentally disabled in the workplace in the U.S. over the last half century has been the Americans with Disabilities Act (ADA) and its associated legislation and guidance. Although the employee should first request reasonable accommodation with the employer, evaluation by a mental health professional is one of the initial steps for individuals who report significant psychiatric symptoms that are impairing their functioning at work in the U.S.. Important regulations and laws in the United States that are essential knowledge to performing thorough mental disability evaluations include the ADA and Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Social Security Disability, Workers' Compensation, and private disability insurance. These laws differ in applicability and in their definitions of disability. Social Security Disability is applicable to workers who have long‐term impairments regardless of whether the disability arose on or off the job, while Worker's Compensation is specific to persons with work‐related illness and injuries that occur on the job (Reno, Williams, & Sengupta, ). The Social Security definition of a disabled person is a person who is not “able to engage in any substantial gainful activity because of a medically‐determinable physical or mental impairment(s): that is expected to result in death, or that has lasted or is expected to last for a continuous period of at least 12 months” (Social Security Red Book, ). However, the Workers' Compensation definition of what illnesses/injuries are compensated, the level of benefits and who provides the insurance are state‐specific. Due to these differences in definition of disability, it is essential for the mental health professional performing a mental disability evaluation to clarify with the referral source or referring agency which legislation and laws they feel are directly relevant to the specific situation before starting the evaluation. While the ADA and ADA Amendments Act of 2008 have had the greatest impact on the improvement of conditions for mentally disabled individuals in employment over the last 25 years, they have also been the most challenging by far for mental health experts to understand and apply (Cook, ). Interestingly, the ADA has had a much quicker effect on improving access to services for the medically disabled as compared with the mentally disabled in the U.S. (Ullman, Johnsen, Moss, & Burris, ). This article reviews the history and status of current ADA‐ and ADAAA‐related law and employment as well as Canadian disability law and global progress towards universal disability legislation as evidenced by the 2006 Convention on the Rights of Persons with Disabilities. Copyright © 2017 John Wiley & Sons, Ltd.

  April 19, 2017   doi: 10.1002/bsl.2282   open full text
• Contemporary Data and Trends in the Economic Costs of Mental Disabilities.
  Timothy M. Shaughnessy, Frederick R. Parker, Jean H. Hollenshead, Emmanuel N. Clottey, Harvey W. Rubin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 19, 2017
  This article addresses the economic effects of mental disabilities by analyzing contemporary data in the context of micro‐ and macroeconomic thought and relevant statistical literature. Within the parameters of these conceptual and statistical reference points, the authors seek to discern current trends in the direct, indirect, and opportunity costs posed by mental disabilities, not only to the individuals who suffer from them, but also to their families, to employers, and to society as a whole. The authors also discuss uncertainties that inhere in available data concerning both the prevalence of these conditions and the related costs of treatment, as well as the complexity of drawing correlations among variables with respect to these costs and the difficulty of identifying a meaningful measure of the economic consequences that attend mental disabilities. Copyright © 2017 John Wiley & Sons, Ltd.

  April 19, 2017   doi: 10.1002/bsl.2280   open full text
• The Reach and Limitation of the ADA and its Integration Mandate: Implications for the Successful Reentry of Individuals with Mental Disabilities in a Correctional Population.
  Henry A. Dlugacz, Luna Droubi.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 19, 2017
  This article argues that the ADA and its integration mandate, informed by international standards, should extend to incarcerated individuals with mental disabilities who reenter society, as they are at highly elevated risk for unnecessary segregation in institutions such as homeless shelters or hospitals or through reincarceration. An understanding of the precise services needed to prevent these strongly related but distinct variants of institutionalization requires a robust and continuing research agenda. In discussing the breadth of the ADA, we explore its history, interpretations of its application in a variety of contexts with respect to vulnerable populations and integration, and enforcement. We also turn to international approaches to integration mandates as they apply to reentry. By interpreting the domestic and international principles that create the context for integration we hope to have provided a resource for future application of the ADA integration in the context of prisoner reentry. Copyright © 2017 John Wiley & Sons, Ltd.

  April 19, 2017   doi: 10.1002/bsl.2281   open full text
• Interviews of Children in a Portuguese Special Judicial Procedure.
  Carlos Eduardo Peixoto, Raquel Veludo Fernandes, Telma Sousa Almeida, Júlia Marina Silva, David La Rooy, Catarina Ribeiro, Teresa Magalhães, Michael E. Lamb.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 29, 2017
  Since 2007, alleged victims of child sexual abuse in Portugal have provided evidence in a mandatory “Declarações para Memória Futura” (DMF; English transl. ‘Statement for future use’) proceeding. In order to protect children from having to testify in court, interviews conducted at the DMF can be used later as trial evidence because the hearings are conducted by judges. The present study examined 137 interviews with 3‐ to 17‐year‐olds conducted in several Portuguese criminal courts. Detailed examination of interview transcripts showed that 69% of all questions asked were option‐posing questions, 16% were directive questions, 11% were suggestive questions, and only 3% were open‐ended prompts. The vast majority of details provided by children were thus obtained using the risky recognition‐based prompts (i.e., option posing and suggestive questions) associated with the risks of contaminating and limiting children's informativeness, both potential threats to the credibility of their testimony. There is an urgent need to address this issue and consider the implementation of a scientifically validated structured interview protocol in Portugal. Copyright © 2017 John Wiley & Sons, Ltd.

  March 29, 2017   doi: 10.1002/bsl.2284   open full text
• Psychiatric Disability in Law Enforcement Officers.
  Marilyn Price.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 17, 2017
  Law enforcement officers all across the world are exposed to violence, confrontation, and traumatic incidents. They regularly witness death and suffering and are at risk of personal injury. Psychiatric sequelae include an increased risk for trauma‐related symptoms, depression, alcohol‐use disorders, and stress‐related medical conditions. Law enforcement officers have been applying for early disability retirement pensions at an increased rate for stress‐related psychiatric and medical conditions. As a result, law enforcement agencies are prematurely losing valuable resources, officers with training and experience. Departments have become proactive in trying to address mental health issues to prevent psychiatric disability by implementing employee wellness plans and stress reduction interventions. Programs have been developed to mitigate the effects of stress on law enforcement personnel. Many law enforcement agencies have developed strategies to encourage early confidential referral for psychiatric treatment. They utilize peer support groups and employee assistance programs and develop alliances with mental health professionals. When these approaches fail, a fitness for duty process can be used to identify impairment in work functioning due to psychiatric factors with the prospect of later returning the officer to full duty. Copyright © 2017 John Wiley & Sons, Ltd.

  March 17, 2017   doi: 10.1002/bsl.2278   open full text
• Definition and Assessment of Disability in Mental Disorders under the Perspective of the International Classification of Functioning Disability and Health (ICF).
  Michael Linden.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 14, 2017
  This article provides an overview of definitions and assessment instruments of disability, an important topic in the diagnosis and treatment of chronic illnesses, and in expert appraisals in social and forensic medicine. Health problems are manifested not only in symptoms, but also regularly in impairment or disability in everyday life, which is especially true for mental disorders. According to the International Classification of Functioning, Disability and Health (ICF) of the World Health Organization, disability can be understood as chronic suffering from symptoms of illness, or limitations of executing capacities, or inability to participate in selected areas of life. Operationally, disability can be defined as “capacity limitations which hinder the ability to execute needed activities and thereby participation in a given environment”. This capacity–context–interaction model shows that there is no general disability but only context‐related disability, which has manifold consequences for diagnosis and care. Copyright © 2017 John Wiley & Sons, Ltd.

  March 14, 2017   doi: 10.1002/bsl.2283   open full text
• An International Perspective on Feigned Mental Disabilities: Conceptual Issues and Continuing Controversies.
  Thomas Merten, Richard Rogers.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 09, 2017
  In forensic contexts, an increased prevalence of feigned symptom presentations should be expected, although it will probably vary by the context and specific forensic issue. Forensic experts should examine this possibility proactively while maintaining a balanced perspective that actively considers clinical data for both feigning and genuine responding. Psychological measures and standardized methods developed for feigning and other response styles can facilitate these often complex determinations. The current article provides an international perspective on the issue of feigned mental disabilities. In particular, important conceptual issues are discussed, such as the categorical versus dimensional approaches to feigning, and the advisability of well‐defined rather than single‐point cut scores for accuracy in clinical decision‐making. Salient problems of differential diagnosis include a spectrum from malingering and factitious disorders to somatoform and conversion disorders. In rendering these important diagnostic distinctions, the questions of motivations and intentions remain key. However, the establishment of motivation cannot be facilely assumed from the context. Instead, forensic psychologists and psychiatrists bear the professional burden of carefully evaluating motivation and recognizing the clinical reality that sometimes the motivation in especially challenging cases may not be fully determined. Copyright © 2017 John Wiley & Sons, Ltd.

  March 09, 2017   doi: 10.1002/bsl.2274   open full text
• Partners under Pressure: Examining the Consistency of True and False Alibi Statements.
  Marthe Lefsaker Sakrisvold, Pär Anders Granhag, Erik Mac Giolla.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 01, 2017
  How to discriminate between honest and deceptive alibi statements holds great legal importance. We examined this issue from the perspective of group deception. Our goals were to (a) compare the consistency between the statements of guilty and innocent suspects and those of their respective alibi witnesses, and (b) to examine the moderating role of object‐salience on the level of consistency between their statements. Pairs of truth‐tellers provided honest testimonies. Pairs of liars were divided into perpetrators and alibi witnesses. Statements of lying pairs were considerably more consistent than the statements of truth‐telling pairs. In addition, both truth‐tellers and liars showed lower levels of within‐group consistency when recalling less salient details about an event. However, truth‐tellers' consistency levels were considerably more affected by salience than were liars' consistency levels. These findings contribute to deception theory and have important implications for the real‐life task of distinguishing between true and false alibi statements. Copyright © 2017 John Wiley & Sons, Ltd.

  March 01, 2017   doi: 10.1002/bsl.2275   open full text
• Investigator Sensitivity to Alibi Witness Inconsistency after a Long Delay.
  Heather L. Price, Leora C. Dahl.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 24, 2017
  In two studies, mock investigators conducted a computer‐based investigation of a crime involving an alibi witness who varied in the consistency of his statements taken 5 years apart. Investigators showed evidence of skepticism of alibi witness statements in which major contradictions (activity, location) were present, and some skepticism of statements in which minor (activity) details were contradictory. Entirely consistent statements were judged favorably, and reduced perceptions of suspect guilt (Study 2). The age of the alibi witness did not impact judgments of suspect guilt when children (6 years) and adults (25 years) were compared (Study 1, N = 254), or when children of different ages were compared (6, 8, 11 years; Study 2, N = 234). The present data suggest that investigators were relatively more sensitive to considerations of accuracy than honesty. Copyright © 2017 John Wiley & Sons, Ltd.

  February 24, 2017   doi: 10.1002/bsl.2276   open full text
• The Effects of Secret Instructions and Yes/no Questions on Maltreated and Non‐maltreated Children's Reports of a Minor Transgression.
  Elizabeth C. Ahern, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 23, 2017
  This study examined the effects of secret instructions (distinguishing between good/bad secrets and encouraging disclosure of bad secrets) and yes/no questions (DID: “Did the toy break?” versus DYR: “Do you remember if the toy broke?”) on 262 maltreated and non‐maltreated children's (age range 4–9 years) reports of a minor transgression. Over two‐thirds of children failed to disclose the transgression in response to free recall (invitations and cued invitations). The secret instruction increased disclosures early in free recall, but was not superior to no instruction when combined with cued invitations. Yes/no questions specifically asking about the transgression elicited disclosures from almost half of the children who had not previously disclosed, and false alarms were rare. DYR questions led to ambiguous responding among a substantial percentage of children, particularly younger children. The findings highlight the difficulties of eliciting transgression disclosures without direct questions. Copyright © 2017 John Wiley & Sons, Ltd.

  February 23, 2017   doi: 10.1002/bsl.2277   open full text
• Memory Errors in Alibi Generation: How an Alibi Can Turn Against Us.
  William E. Crozier, Deryn Strange, Elizabeth F. Loftus.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 06, 2017
  Alibis play a critical role in the criminal justice system. Yet research on the process of alibi generation and evaluation is still nascent. Indeed, similar to other widely investigated psychological phenomena in the legal system – such as false confessions, historical claims of abuse, and eyewitness memory – the basic assumptions underlying alibi generation and evaluation require closer empirical scrutiny. To date, the majority of alibi research investigates the social psychological aspects of the process. We argue that applying our understanding of basic human memory is critical to a complete understanding of the alibi process. Specifically, we challenge the use of alibi inconsistency as an indication of guilt by outlining the “cascading effects” that can put innocents at risk for conviction. We discuss how normal encoding and storage processes can pose problems at retrieval, particularly for innocent suspects that can result in alibi inconsistencies over time. Those inconsistencies are typically misunderstood as intentional deception, first by law enforcement, affecting the investigation, then by prosecutors affecting prosecution decisions, and finally by juries, ultimately affecting guilt judgments. Put differently, despite the universal nature of memory inconsistencies, a single error can produce a cascading effect, rendering an innocent individual's alibi, ironically, proof of guilt. Copyright © 2017 John Wiley & Sons, Ltd.

  February 06, 2017   doi: 10.1002/bsl.2273   open full text
• Relationship Closeness and Self‐reported Willingness to Falsely Take the Blame.
  Jennifer Willard, Max Guyll, Stephanie Madon, Jacob E. Allen.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. January 27, 2017
  One reason people falsely confess is to protect the true perpetrator. The current study examined whether relationship closeness influences people's self‐reported willingness to falsely take the blame. Utilizing theoretical work from the prosocial area, three potential mediators were investigated. Participants (N = 131) were randomly assigned to think of either a close or a casual friend and then read one of two scenarios that described a minor offense committed by the friend. Participants' willingness to take the blame was assessed, as well as their perceptions of reciprocity, feelings of empathy, and distress concerns related to their relationship with the offending friend. Results showed that, in both scenarios, participants more often took the blame in the close friend condition than in the casual friend condition. Reciprocity and empathy each uniquely and independently mediated relationship closeness, whereas distress concerns did not. Differences in the two scenarios, which describe different offenses, are discussed. Copyright © 2017 John Wiley & Sons, Ltd.

  January 27, 2017   doi: 10.1002/bsl.2270   open full text
• Can Implicit Associations Distinguish True and False Eyewitness Memory? Development and Preliminary Testing of the IATe.
  Rebecca K. Helm, Stephen J. Ceci, Kayla A. Burd.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. January 23, 2017
  Eyewitness identification has been shown to be fallible and prone to false memory. In this study we develop and test a new method to probe the mechanisms involved in the formation of false memories in this area, and determine whether a particular memory is likely to be true or false. We created a seven‐step procedure based on the Implicit Association Test to gauge implicit biases in eyewitness identification (the IATe). We show that identification errors may result from unconscious bias caused by implicit associations evoked by a given face. We also show that implicit associations between negative attributions such as guilt and eyewitnesses' final pick from a line‐up can help to distinguish between true and false memory (especially where the witness has been subject to the suggestive nature of a prior blank line‐up). Specifically, the more a witness implicitly associates an individual face with a particular crime, the more likely it is that a memory they have for that person committing the crime is false. These findings are consistent with existing findings in the memory and neuroscience literature showing that false memories can be caused by implicit associations that are outside conscious awareness. Copyright © 2017 John Wiley & Sons, Ltd.

  January 23, 2017   doi: 10.1002/bsl.2272   open full text
• Juror Decision‐making in Death Penalty Sentencing when Presented with Defendant's History of Child Abuse or Neglect.
  Lisa L. Bell Holleran, Tyler J. Vaughan, Donna M. Vandiver.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. January 18, 2017
  Previous studies have found aggravating, mitigating, and null effects of defendant histories of abuse and neglect on punishment preferences in capital sentencing. Perceiving these defendants as more dangerous, jurors may be more likely to favor the death penalty when such evidence is presented. This is counter to the intuition that abuse or neglect reduces culpability, and therefore mitigates the severity of punishment. We investigated the effect of defendant childhood physical abuse, sexual abuse, or neglect on the probability of a prospective juror preferring the death penalty in an between‐subject experimental design. Using vignettes and two large samples (students and jurors), defendant histories were found to mitigate the probability that the hypothetical defendant received the death penalty, with sexual abuse having the most salient effect. Further, the effects were conditioned by preference for the death penalty – larger mitigating effects were observed among individuals who favor the death penalty. These findings suggest that initial judgments of abuse and neglect are related to juror leniency, and further research on the interaction of jury instructions and defendant histories is needed. Copyright © 2017 John Wiley & Sons, Ltd.

  January 18, 2017   doi: 10.1002/bsl.2271   open full text
• Altruistic Lying in an Alibi Corroboration Context: The Effects of Liking, Compliance, and Relationship between Suspects and Witnesses.
  Stéphanie B. Marion, Tara M. Burke.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. December 23, 2016
  Police investigators, judges, and jurors are often very skeptical of alibi witness testimony. To investigate when and why individuals lie for one another, we conducted two studies in which witnesses' support of a false alibi was observed. We varied the level of social pressure exerted on witnesses and the level of affinity between suspect–witness pairs. During a study session purportedly intended to investigate dyadic problem‐solving ability, a mock theft was staged. When questioned, participants were provided the opportunity to either corroborate or refute a confederate's false alibi that the latter was with them when the theft occurred. Participants were more likely to lie for the confederate when the latter explicitly asked participants to conceal his/her whereabouts during the time of the theft (Study 1). How much participants liked the suspect did not impact lying; however, participants lied for a confederate more often when the latter was a friend rather than a stranger (Study 2). Results show that alibi witnesses often lie and that investigators and jurors may not accurately estimate the likelihood that such witnesses will lie for one another. Witnesses who lied also reported doing so more often because they believed that the suspect was innocent rather than guilty. Copyright © 2016 John Wiley & Sons, Ltd.

  December 23, 2016   doi: 10.1002/bsl.2269   open full text
• Lone‐Actor Terrorist Target Choice.
  Paul Gill, Emily Corner.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. November 20, 2016
  Lone‐actor terrorist attacks have risen to the forefront of the public's consciousness in the past few years. Some of these attacks were conducted against public officials. The rise of hard‐to‐detect, low‐tech attacks may lead to more public officials being targeted. This paper explores whether different behavioral traits are apparent within a sample of lone‐actor terrorists who plotted against high‐value targets (including public officials) than within a sample of lone actors who plotted against members of the public. Utilizing a unique dataset of 111 lone‐actor terrorists, we test a series of hypotheses related to attack capability and operational security. The results indicate that very little differentiates those who attack high‐value targets from those who attack members of the public. We conclude with a series of illustrations to theorize why this may be the case. Copyright © 2016 John Wiley & Sons, Ltd.

  November 20, 2016   doi: 10.1002/bsl.2268   open full text
• Targeted violence against law enforcement officers.
  Ronald Schouten, Douglas V. Brennan.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. November 14, 2016
  As highly visible representatives and guardians of society, law enforcement officers (LEOs) are very public figures. Injury or death in the line of duty, whether due to accidents or intentional acts of violence, is an occupational hazard for LEOs. Targeted assaults on police officers, referred to as ambushes in previous literature, are a particularly perplexing problem with significant implications for society at large. In the summer of 2016, the latest in a series of high‐profile acts of violence aimed at police occurred, leading to increased examination of the acts themselves and their causes. This article examines recent trends in assaults on LEOs, focusing on predatory rather than reactive attacks, and applies a threat assessment model to a case of targeted violence against police. We use State of Washington v. Christopher Monfort (2015), a prosecution for arson, assault with intent to murder, and murder, as a case example, to examine how the threat assessment model, and the concepts of affective versus predatory violence help in understanding targeted violence against LEOs, assessing its risk, and managing it. Copyright © 2016 John Wiley & Sons, Ltd.

  November 14, 2016   doi: 10.1002/bsl.2256   open full text
• The (Un)reliability of Alibi Corroborators: Failure to Recognize Faces of Briefly Encountered Strangers Puts Innocent Suspects at Risk.
  Steve D. Charman, Andrea Reyes, Daniella K. Villalba, Jacqueline R. Evans.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 19, 2016
  Some innocent suspects rely on the memory of strangers to corroborate their alibis. However, no research has examined whether such potential alibi corroborators can accurately recognize an innocent suspect with whom they previously interacted. We developed a novel alibi corroboration paradigm in which undergraduate students (representing innocent suspects who would later provide an alibi) interacted with naïve university employees (representing potential alibi corroborators). Each student briefly interacted with a different naïve university employee (n = 60), and were also each yoked to a different employee with whom they did not interact (n = 60). Employees were presented 24 hours later with either a single photograph of the student or a six‐person array containing a photograph of the student and were asked if they recognized anyone. The majority of employees failed to make a correct recognition of the student. False recognitions, however, were rare. Students exhibited overconfidence that they would be recognized. Findings imply that innocent suspects who rely on strangers to corroborate their alibis may be at risk. Copyright © 2016 John Wiley & Sons, Ltd.

  October 19, 2016   doi: 10.1002/bsl.2264   open full text
• Post‐incarceration Recidivism of Lone versus Group Juvenile Homicide Offenders.
  Norair Khachatryan, Kathleen M. Heide, Jordyn Rad, Erich V. Hummel.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 17, 2016
  Killings by juvenile homicide offenders (JHOs) who use accomplices have been increasing since the 1980s and currently represent approximately half of juvenile arrests for murder in the United States. Nevertheless, prior research has not compared JHOs who kill alone with JHOs who kill in groups. The present research followed up 30 years later on a sample of 59 male murderers and attempted murderers sentenced to adult prison. This study was designed to analyze whether lone and group JHOs differed on pre‐incarceration, incarceration, and post‐incarceration variables. Significant findings indicated that compared with lone offenders, group JHOs had a higher mean of pre‐homicide arrests and were more likely to be Black, have a pre‐homicide delinquent record, commit a crime‐related homicide offense, and target a stranger. With respect to post‐homicide variables, group JHOs were more likely to be released from prison and more likely to be rearrested. The two types of JHOs did not differ significantly in relation to the number of post‐release violent offenses. Preliminary implications of the findings and avenues for future investigation are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

  October 17, 2016   doi: 10.1002/bsl.2257   open full text
• Public Figure Attacks in the United States, 1995–2015.
  J. Reid Meloy, Molly Amman.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 12, 2016
  An archival descriptive study of public figure attackers in the United States between 1995 and 2015 was undertaken. Fifty‐six incidents were identified, primarily through exhaustive internet searches, composed of 58 attackers and 58 victims. A code book was developed which focused upon victims, offenders, pre‐attack behaviors including direct threats, attack characteristics, post‐offense and other outcomes, motivations and psychological abstracts. The average interrater agreement for coding of bivariate variables was 0.835 (intraclass correlation coefficient). The three most likely victim categories were politicians, judges, and athletes. Attackers were males, many with a psychiatric disorder, most were grandiose, and most had both a violent and nonviolent criminal history. The known motivations for the attacks were often angry and personal, the most common being dissatisfaction with a judicial or other governmental process (23%). In only one case was the primary motivation to achieve notoriety. Lethality risk during an attack was 55%. Collateral injury or death occurred in 29% of the incidents. Only 5% communicated a direct threat to the target beforehand. The term “publicly intimate figure” is introduced to describe the sociocultural blurring of public and private lives among the targets, and its possible role in some attackers' perceptions and motivations. Copyright © 2016 John Wiley & Sons, Ltd.

  October 12, 2016   doi: 10.1002/bsl.2253   open full text
• Supporting Threat Management with Forensic Expert Knowledge: Protecting Public Officials and Private Individuals.
  Angela Guldimann, Reinhard Brunner, Hans Schmid, Elmar Habermeyer.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 29, 2016
  This article describes the implementation of a Cantonal Threat Assessment and Management (CTAM) in Zurich, Switzerland. In order to support this endeavor, the Specialist Unit for Forensic Assessment and Case Management was installed. The forensic experts provide supervision and short‐term assessments to public prosecutors and general psychiatrists. In close cooperation with police threat management units, forensic experts support the assessment and management of individuals who exhibit concerning and threatening behavior towards public officials or private individuals. A public official case study illustrates this joint approach. The author's experience with CTAM, its pitfalls and the potential areas of improvement are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

  September 29, 2016   doi: 10.1002/bsl.2254   open full text
• Outcome and Efficacy of Interventions by a Public Figure Threat Assessment and Management Unit: A Mirrored Study of Concerning Behaviors and Police Contacts Before and After Intervention.
  David V. James, Frank R. Farnham.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 21, 2016
  Specialized units for the assessment and management of concerning behaviors towards public figures have been set up in various jurisdictions. Their efficacy has been demonstrated descriptively and in terms of reduction in concern rates. This study of 100 consecutive cases from the Fixated Threat Assessment Centre (FTAC) in the UK uses a novel measure of outcome in the form of reduction in behaviors of concern and in police call‐outs/stops, using data culled from police and health service records. It adopts a mirrored design, comparing individuals over 12‐month and 2‐year periods before and after FTAC intervention. It demonstrates significant reductions in both numbers of individuals involved in, and number of actual incidents of, concerning communication and problematic approach, as well as police call‐outs/stops. Most results are consistent across subgroups with regard to gender, previous convictions, concern level, compulsory hospitalization and grievance‐driven behavior. Such threat assessment units reduce risky behavior and save police time and, possibly, costs. Copyright © 2016 John Wiley & Sons, Ltd.

  September 21, 2016   doi: 10.1002/bsl.2255   open full text
• Effects of Mental Health and Neuroscience Evidence on Juror Perceptions of a Criminal Defendant: the Moderating Role of Political Orientation.
  Elyse N. Mowle, John F. Edens, John W. Clark, Karolina Sörman.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 13, 2016
  Several recent studies have examined the effects of mental health and neuroscientific evidence on attitudes toward criminal defendants, suggesting that these factors may influence juror decision‐making in meaningful ways. Few studies to date have manipulated both of these variables while also considering theoretically important individual difference variables (e.g., political orientation). Using a criminal case simulation, this study manipulated the presence of evidence concerning mental disorders (psychopathy and schizophrenia) and increasing levels of neuroscientific detail regarding a defendant's brain injury, and examined verdicts and sentencing recommendations in over 400 persons attending jury duty. Main effects were detected for mental health testimony and political orientation, although interactions were noted as well. More negative reactions to defendants labeled as psychopaths were relatively consistent, whereas participants who identified as liberal generally were less punitive towards a defendant identified as schizophrenic than were more conservative jurors. Consistent with other recent research, juror perceptions of the defendant's level of psychopathic traits (independent of the effects of the experimental manipulations) predicted guilty verdicts and longer sentencing recommendations. Copyright © 2016 John Wiley & Sons, Ltd.

  September 13, 2016   doi: 10.1002/bsl.2251   open full text
• Public Figure Fixation: Cautionary Findings for Mental Health Practitioners.
  Michele T. Pathé, Timothy J. Lowry, Debbie J. Haworth, Paul Winterbourne, Leanne Day.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 05, 2016
  Research in western nations has found that pathologically fixated individuals pose a risk of serious harm to public figures, and that many of these fixated persons are mentally ill and require treatment. Over the past decade, integrated fixated threat assessment agencies have been established in western Europe and Australia to specifically assess and manage this group. The current study examines 400 consecutive referrals to a fixated threat assessment center in Queensland, Australia, with a particular focus on the mental health and risk profile of those who engage in inappropriate contact with public office holders. It considers the high proportion of delusional disorders in this cohort, and their identification and management by psychiatric services. The authors conclude with a discussion of the mental health response to this group and impediments to mitigating the risks posed by fixated persons. Copyright © 2016 John Wiley & Sons, Ltd.

  September 05, 2016   doi: 10.1002/bsl.2252   open full text
• Stress, stress‐induced cortisol responses, and eyewitness identification performance.
  Melanie Sauerland, Linsey H.C. Raymaekers, Henry Otgaar, Amina Memon, Thijs T. Waltjen, Maud Nivo, Chiel Slegers, Nick J. Broers, Tom Smeets.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 15, 2016
  In the eyewitness identification literature, stress and arousal at the time of encoding are considered to adversely influence identification performance. This assumption is in contrast with findings from the neurobiology field of learning and memory, showing that stress and stress hormones are critically involved in forming enduring memories. This discrepancy may be related to methodological differences between the two fields of research, such as the tendency for immediate testing or the use of very short (1–2 hours) retention intervals in eyewitness research, while neurobiology studies insert at least 24 hours. Other differences refer to the extent to which stress‐responsive systems (i.e., the hypothalamic–pituitary–adrenal axis) are stimulated effectively under laboratory conditions. The aim of the current study was to conduct an experiment that accounts for the contemporary state of knowledge in both fields. In all, 123 participants witnessed a live staged theft while being exposed to a laboratory stressor that reliably elicits autonomic and glucocorticoid stress responses or while performing a control task. Salivary cortisol levels were measured to control for the effectiveness of the stress induction. One week later, participants attempted to identify the thief from target‐present and target‐absent line‐ups. According to regression and receiver operating characteristic analyses, stress did not have robust detrimental effects on identification performance. Copyright © 2016 John Wiley & Sons, Ltd. © 2016 The Authors Behavioral Sciences & the Law Published by John Wiley & Sons Ltd

  July 15, 2016   doi: 10.1002/bsl.2249   open full text
• An Examination of Juveniles' Miranda Abilities: Investigating Differences in Miranda Recall and Reasoning.
  Richard Rogers, Jennifer A. Steadham, Rachel M. Carter, Sarah A. Henry, Eric Y. Drogin, Emily V. Robinson.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 14, 2016
  Juvenile suspects are routinely expected to possess an accurate recall of written or oral Miranda warnings. This study addresses the Miranda‐related comprehension recall and reasoning of legally involved juveniles. It is the first juvenile research to compare systematically two levels of complexity for Miranda warnings with the three modalities (oral, written, or combined) of administration. Unexpectedly, easily read written warnings marginally outperformed the combined modality. In order to examine Miranda reasoning, three juvenile groups were operationalized: impaired, questionable, and likely adequate. Predictably, the impaired and questionable groups possessed significantly lower verbal abilities than the likely‐adequate reasoning group. In addition, the likely‐adequate group exhibited the strongest appreciation of the adversarial context in which Miranda waiver decisions are rendered. The discussion addresses the marked disparities in Miranda recall from a total recall versus component‐by‐component understanding of Miranda rights. It also considers more generally how crucially important Miranda misconceptions might be remedied. Copyright © 2016 John Wiley & Sons, Ltd.

  June 14, 2016   doi: 10.1002/bsl.2243   open full text
• Overcoming Innocents' Naiveté: Pre‐interrogation Decision‐making Among Innocent Suspects.
  Kyle C. Scherr, Kimberly M. Alberts, Andrew S. Franks, Ian Hawkins.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 14, 2016
  Suspects, especially innocent ones, are highly susceptible to waiving their interrogation rights. This research tested the ability of two strategies to overcome innocent suspects' willingness to waive their rights. One strategy was based on the social influence of scarcity (i.e., not constraining the pre‐interrogation time limit). The other strategy focused on disrupting individuals' cognitive fluency during the decision‐making process (i.e., violating their induced expectation of offering a waiver). Disrupting innocent individuals' cognitive fluency increased their willingness to invoke their rights and, notably, was not qualified by interactions with any other factors. However, scarcity did not influence individuals' pre‐interrogation decision‐making. Results also further established the association between innocent individuals' naïve mindset and their willingness to waive their rights – specifically, innocents' willingness to waive their rights increased with the strength of their just world beliefs. The theoretical and applied implications of these findings are discussed. The importance and benefit of reforming pre‐interrogation protocols using fair and feasible strategies that would disrupt suspects' cognitive fluency are emphasized. Copyright © 2016 John Wiley & Sons, Ltd.

  June 14, 2016   doi: 10.1002/bsl.2247   open full text
• Closing Italian Forensic Psychiatry Hospitals in Favor of Treating Insanity Acquittees in the Community.
  Felice Carabellese, Alan R. Felthous.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 02, 2016
  Originally a hedge against the death penalty, the insanity defense came to offer hospitalization as an alternative to imprisonment. In the late 19th century Italy opened inpatient services first for mentally ill prisoners and then for offenders found not guilty by reason of insanity. Within the past decade, a series of decrees has resulted in transferring the responsibility for treating NGRI acquittees and “dangerous” mentally ill prisoners from the Department of Justice to the Department of Health, and their treatment from Italy's high security forensic psychiatric hospitals (OPGs) to community regional facilities (REMSs, Residences for the Execution of Security Measures), community mental health facilities, one of which is located in each region of Italy. Today community REMSs provide the treatment and management of socially dangerous offenders. The dynamic evolution of Italy's progressive mental health system for insanity acquittees, to our knowledge the most libertarian, community oriented approach of any country, is retraced. Discussion includes cautionary concerns as well as potential opportunities for improvements in mental health services. Copyright © 2016 John Wiley & Sons, Ltd.

  June 02, 2016   doi: 10.1002/bsl.2234   open full text
• Conditional Release of Forensic Psychiatric Patients Consistent with or Contrary to Behavioral Experts' Recommendations in the Netherlands: Prevalence Rates, Patient Characteristics and Recidivism After Discharge from Conditional Release.
  Maria H Nagtegaal, Cyril Boonmann.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 02, 2016
  The present study examined a group of 447 Dutch forensic psychiatric patients on conditional release (CR). After a brief overview of the Dutch CR system for forensic psychiatric patients is presented, two sets of factors were studied: factors associated with behavioral experts' recommendations on CR readiness (prevalence rates of recommendations in contrast to or consistent with the judge's decision on CR, written vs. oral recommendations and consensus among parties); and characteristics of forensic psychiatric patients on CR imposed consistent with or contrary to behavioral experts' recommendations (i.e., demographic variables, psychopathology, judicial background and outcomes of violent behavior). Patients on CR consistent with or contrary to the behavioral experts' recommendations did not differ in demographic background variables and psychopathology. Patients on CR contrary to the behavioral experts' recommendations, however, had more prior convictions, and their index offense more often included a sex offense and a property offense (with or without violence) as compared to patients on CR consistent with the behavioral experts' recommendations. In addition, decisions contrary to the behavioral experts' recommendations were more often reached after a 3‐month continuation adjournment and after an appeal. Also, patients on CR contrary to the behavioral experts' recommendations were less often found to have been on trial leave before their CR. Finally, recidivism rates were found to be much higher for those on CR contrary to, as compared with those on CR consistent with the behavioral experts' recommendations. However, when corrected for other well‐known static predictors of recidivism, this significant difference was no longer prevalent. The implications for evaluators' CR readiness reports and lessons that may be learned from the Dutch forensic psychiatric CR system are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

  June 02, 2016   doi: 10.1002/bsl.2224   open full text
• One American Perspective on the Rights of Accused: An Initial Survey of Miranda Rights in a Broader Context.
  Richard Rogers, Allyson J. Sharf, John W. Clark, Eric Y. Drogin, Darby B. Winningham, Margot M. Williams.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 23, 2016
  In the wake of countless police dramas, commonly held misperceptions endure that the American public knows both Miranda warnings and concomitant rights. Past research has tested public knowledge of Miranda per se, without evaluating additional misconceptions. The current investigation utilizes the European Union's much more all‐encompassing safeguards, as delineated in the EU's 2012 Directive and Letter of Rights. Besides knowledge of Miranda, the advisability of these enhanced rights and protections was also assessed. In order to obtain a cross‐section of the community, 619 participants were recruited from actual jury pools. Interestingly, they believed that Miranda afforded arrestees many more protections than it actually does. In general, nearly all (>90%) agreed that the accused should be given accurate information (e.g., charges and alleged criminal acts) coupled with an absence of police deception. The potential implications of these findings are discussed as they relate to police practices and due process. Copyright © 2016 John Wiley & Sons, Ltd.

  May 23, 2016   doi: 10.1002/bsl.2240   open full text
• The Good, the Bad, and the Ugly: Professional Perceptions of Jury Decision‐making Research Practices.
  Joel D. Lieberman, Daniel A. Krauss, Miliaikeala Heen, Mari Sakiyama.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 19, 2016
  This article reports results from a survey measuring the acceptability of jury decision‐making research practices. Historically, there has been wide variability in the methodology used to conduct experimental jury decision‐making research. Samples can be drawn from different populations, the format of stimulus materials can vary, key elements of a trial, including jury instructions and deliberation, can be omitted, and different types of dependent measures can be used to assess decisions. The acceptability of evaluating different approaches for conducting research ultimately becomes a subjective process. The present study sought to identify professional standards regarding acceptable and unacceptable research practices by assessing the perceptions of individuals involved in conducting, reviewing, and publishing jury research. Overall, respondents (N = 74) placed greater weight on internal rather than ecological validity, and rated the utilization of theory to guide research as the most important factor. The inclusion of jury instructions was rated as the most important specific trial element, while deliberations received the least support. The findings present a guide for researchers designing materials, provide a framework for objective evaluation of manuscripts based on professional standards, offer guidance to courts seeking to determine the general acceptance of jury decision‐making research methodologies, and create a foundation for the development of more standardized practices in the field. Copyright © 2016 John Wiley & Sons, Ltd.

  May 19, 2016   doi: 10.1002/bsl.2246   open full text
• Factors influencing treatment team recommendations to review tribunals for forensic psychiatric patients.
  Krystle Martin, Erica Martin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 05, 2016
  It is the responsibility of forensic psychiatric hospitals to detain and treat patients, gradually reintegrating them into society; decisions to release patients must balance risk to the public with maintaining the least restrictive environment for patients. Little is known about the factors considered when making such decisions and whether these factors have been empirically linked to future risk of violence. The current study explores the factors predictive of forensic treatment teams' recommendations for patients under the care of the Ontario Review Board (ORB). Factors differ depending on level of security; decisions on medium secure units were influenced by the presence of active symptoms and patients' overall violence risk level and decisions made on minimum secure units were influenced by the number of critical incidents that occurred within the recommendation year. Understanding the factors used to make recommendations to the ORB tribunal helps treatment teams to reflect on their own decision‐making practices. Furthermore, the results serve to inform us about factors that influence length of stay for forensic psychiatric patients. Copyright © 2016 John Wiley & Sons, Ltd.

  May 05, 2016   doi: 10.1002/bsl.2244   open full text
• Housing Trajectories of Forensic Psychiatric Patients.
  Leila Salem, Anne G. Crocker, Yanick Charette, Christopher M. Earls, Tonia L. Nicholls, Michael C. Seto.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 03, 2016
  The objectives of this study were to describe the disposition and housing trajectories of individuals found Not Criminally Responsible on account of Mental Disorder (NCRMD), and the factors that predict different trajectories. To do so, disposition and housing status were coded for 934 NCRMD patients over a 36‐month follow‐up period. Sequential data analysis resulted in four distinct trajectories: detention in hospital, conditional discharge in supportive housing, conditional discharge in independent housing, and absolute discharge to unknown housing. The likelihood of a placement in supportive housing compared with detention significantly decreased for individuals with a higher index offense severity. Less restrictive trajectories were significantly predicted by clinical factors. The results revealed little change in the disposition and housing trajectories of NCRMD patients. Furthermore, decisions about disposition and housing placement reflect a knowledge–practice gap between risk factors known to be predictive of community resources use in the forensic population. Copyright © 2016 John Wiley & Sons, Ltd.

  May 03, 2016   doi: 10.1002/bsl.2223   open full text
• A California Multidisciplinary Juvenile Court: Serving Sexually Exploited and At‐Risk Youth.
  Brandi D. Liles, Dawn M. Blacker, Jenny L. Landini, Anthony J. Urquiza.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 27, 2016
  Research suggests that 90% of youth in the juvenile justice system have experienced at least one traumatic event (Arroyo, ). One such traumatic event is the commercialized sexual exploitation of children and youth (CSEC). Over the past decade, governmental organizations and community agencies have recognized that the sexual exploitation of children is a significant problem in the United States. In California alone, human trafficking task forces have identified 1200 youth as victims of sexual exploitation from 2010 to 2012 (Walker, ). Youth who have experienced sexual exploitation often become involved in the juvenile justice system and present with unique challenges and needs. This article reviews recent public policy and community responses related to the needs of CSEC youth involved in the juvenile justice system. A case example from Sacramento, CA, is used to illustrate the key components, innovations, multidisciplinary collaborations, and challenges of creating a specialized court. Copyright © 2016 John Wiley & Sons, Ltd.

  April 27, 2016   doi: 10.1002/bsl.2230   open full text
• The Diagnostic Value of Children's Responses to Cross‐Examination Questioning.
  Rachel Zajac, Bridget Irvine, Jacob M. Ingram, Fiona Jack.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 27, 2016
  In response to a widespread belief within the legal system that cross‐examination is instrumental in uncovering the truth, we examined the effect of cross‐examination questioning on the reports of children who had—and had not—been coached to lie. A group of children, aged 6–11 years (N = 65), played three computer games with one of their parents. For half of the pairs, the parents—who acted as confederates—coached their children to make lies of commission concerning the occurrence of two target activities. For the remaining pairs, these two target activities actually occurred, and there was no coaching. Immediately afterwards, children were interviewed about the two activities. Those who—correctly or incorrectly—reported that both activities occurred were retained for the final sample (n = 56); these children were then interviewed again with both neutral questions and cross‐examination‐style challenges. Neither style of questioning elicited responses that discriminated between liars and truth‐tellers: although the accuracy of children who were lying increased in response to cross‐examination questions, the accuracy of truth‐telling children saw a corresponding decrease. When asked neutral questions, children's responses tended to be consistent with their earlier responses, whether or not those responses were lies. These findings raise important questions about the function that cross‐examination might serve in trials involving child witnesses. Copyright © 2016 John Wiley & Sons, Ltd.

  April 27, 2016   doi: 10.1002/bsl.2215   open full text
• Variation in Acceptable Child Discipline Practices by Child Age: Perceptions of Community Norms by Medical and Legal Professionals.
  Stephanie D. Block, Ashlee Burgess Poplin, Eric S. Wang, Keith F. Widaman, Desmond K. Runyan.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 27, 2016
  Mandated child abuse reporters may judge specific disciplinary practices as unacceptable for young children, whereas child law professionals arbitrating allegations may be less inclusive. Do the views of these groups diverge, by child age, regarding discipline? Judgments of community norms across a wide range of children's ages were obtained from 380 medical and legal professionals. Because the Parent–Child Conflict Tactics Scale (PC‐CTS) can be used to assess the epidemiology of child disciplinary behaviors and as a proxy to examine the incidence or prevalence of child abuse, the disciplinary practices described on the PC‐CTS were presented as triggers for questions. Significant child age effects were found for disciplinary practices classified as “harsh.” The consistencies between legal and medical professionals were striking. Both groups reflected changes in United States norms, as non‐physical approaches were the most approved. We conclude that instruments estimating the prevalence of child maltreatment by parent‐report should consider modifying how specific disciplinary practices are classified. Copyright © 2016 John Wiley & Sons, Ltd.

  April 27, 2016   doi: 10.1002/bsl.2237   open full text
• Getting to Know You: Familiarity, Stereotypes, and Children's Eyewitness Memory.
  Ingrid M. Cordón, Gent Silberkleit, Gail S. Goodman.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 27, 2016
  The present study concerned how the acquisition of social information, specifically knowledge about personal characteristics, influences young children's memory and suggestibility. Effects of two sources of knowledge about a target person were systematically examined: familiarity and stereotypes. Children, aged 4–5 and 7–9 years (N = 145), were randomly assigned, per age group, to experimental conditions based on a familiarity (6 hours vs. no prior exposure) × stereotype (negative depiction as messy and clumsy vs. no stereotype) factorial design. Children then watched the target person engage in a target event (a series of contests) at a preschool (“Camp Ingrid”). The children's memory and suggestibility about the target person and target event were tested after a delay of 2 weeks. Results indicated that the negative stereotype resulted in an increase in children's correct responses both to free‐recall stereotype‐related questions (when children were unfamiliar with the target person) and to closed‐ended questions overall (for younger children). However, the stereotype was associated with greater error to stereotype‐related closed‐ended questions. Moreover, familiarity increased children's accuracy to closed‐ended questions. Implications for theory and application are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

  April 27, 2016   doi: 10.1002/bsl.2233   open full text
• Low‐SES Preschool Children's Eyewitness Memory: The Role of Narrative Skill.
  Yoojin Chae, Sarah Kulkofsky, Francisco Debaran, Qi Wang, Sybil L. Hart.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 27, 2016
  This study investigated the relation between narrative skill and eyewitness memory in young children from low‐socioeconomic status (SES) communities. A total of 176 children aged 3–5 years were interviewed about a conflict event they witnessed. The quality of their narratives about the event and their ability to narrate a story from a picture book were examined in relation to memory of the event. Comprehensive measures of individual differences in vocabulary skill, adaptive language use, and behavioral characteristics were also administered. The results revealed that children who produced longer, more descriptive, and more cohesive narratives about the event recalled more accurate details and made fewer memory errors, independent of their language ability and behavioral characteristics. The quality of story narratives did not make any independent contributions to memory. Child's age was a robust predictor of memory for the event. Implications of the findings for understanding eyewitness memory in low‐SES children are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

  April 27, 2016   doi: 10.1002/bsl.2242   open full text
• Developmental Differences across Middle Childhood in Memory and Suggestibility for Negative and Positive Events.
  Pedro M. Paz‐Alonso, Gail S. Goodman.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 27, 2016
  In the present study, we investigated age differences in children's eyewitness memory and suggestibility for negative and positive events that children often experience during middle childhood. We first examined 216 ratings by children aged 8–12 years of the frequency and intensity of personal negative and positive experiences (Study 1). Based on those ratings, videotapes depicting the most frequent and intense negative (an accident) and positive (a family excursion) events were developed. A new sample of 227 children aged 8–12 years was tested for recognition memory of the videotapes using the three‐stage post‐event misinformation procedure (Study 2). Compared with 8‐ to 9‐year‐olds, 10‐ to 12‐year‐olds exhibited less memory malleability and less compliance with false information. Age improvements in recognition accuracy were also evident for children who watched the negative event, but not for those who watched the positive event. Compliance predicted misinformation effects, particularly in regard to peripheral details. Thus, using ecologically representative emotional events, age differences in suggestibility and memory accuracy emerged, especially for negative events.Theoretical and forensic implications concerning children's eyewitness memory and suggestibility are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

  April 27, 2016   doi: 10.1002/bsl.2239   open full text
• Passageway: A Novel Approach to Success of Conditional Release – Principles and Constructs of the Model Residential Program for the Forensic Mentally III Patient.
  Ilan Melnick.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 21, 2016
  With the advent of psychotropic medications and with the deinstitutionalization of psychiatry starting in 1968, patients were prematurely discharged from forensic state hospitals. Due to lack of resources, psychiatric forensic patients ended up in the correctional system or homeless with the reduction of psychiatric beds in forensic and civil state hospitals. Lacking proper training and medication management, the recidivism rate of this population was close to 10% for rearrest and about 35% for revocation of conditional release (CR; Manguno‐Mire et al., ). A new treatment modality was created to successfully transition patients from the forensic state hospital system to the community. This article describes and analyzes the principles and constructs of Passageway, a model residential program for patients found not guilty by reason of insanity or those incompetent to proceed to CR. The CR allows for a program like Passageway to be successful in transitioning patients back into the community. This is accomplished with minimal government funding, and since 1982 has resulted in a 0% recidivism rate, for any known arrests or convictions and for recommittal of a felony, defined in the state of Florida as, “any criminal offense that is punishable under the laws of this state, or that would be punishable, if committed in this state, by death or imprisonment in a state penitentiary. ” (Fla. Stat. § 775.08). Copyright © 2016 John Wiley & Sons, Ltd.

  April 21, 2016   doi: 10.1002/bsl.2227   open full text
• Assessing Insanity Acquittee Recidivism in Connecticut.
  Michael A. Norko, Tobias Wasser, Heidi Magro, Erin Leavitt‐Smith, Frederic J. Morton, Tamika Hollis.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 08, 2016
  For over 30 years now the movement and status of insanity acquittees in Connecticut has been supervised by the Psychiatric Security Review Board (PSRB). During this time, 365 acquittees have been committed to the jurisdiction of the PSRB, 177 individuals have achieved conditional release (CR) and 215 acquittees have been discharged from PSRB jurisdiction. This article examines revocation of CR by the PSRB, arrests of acquittees on CR, and provides the first report of arrests following discharge from the PSRB's jurisdiction. The literature on relevant aspects of recidivism is reviewed and compared with findings in Connecticut. There is little available literature about recidivism of insanity acquittees following release from supervision. In the present sample of individuals discharged from the PSRB, 16% were rearrested, a rate that compares favorably with other discharged populations of offenders. For discharged acquittees, community supervision on CR prior to discharge from the PSRB had a statistically significant effect on decreasing the risk of subsequent rearrest, as did both the length of stay in the hospital and the duration of commitment to the PSRB. This article presents descriptive information about revocations, arrests on CR, and arrests following discharge. These data are consistent with criminal justice studies demonstrating the value of community supervision in lowering recidivism. Copyright © 2016 John Wiley & Sons, Ltd.

  April 08, 2016   doi: 10.1002/bsl.2222   open full text
• Mental Illness Among Women Referred for Psychiatric Services in a New Zealand Women's Prison.
  Stephanie Collier, Susan Hatters Friedman.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 07, 2016
  This naturalistic exploratory study describes the characteristics of women prisoners referred to the forensic psychiatry service of the largest women's prison in New Zealand. Forensic psychiatrists diagnosed more than one‐third of the referred female inmates with psychotic disorders, and they diagnosed post‐traumatic stress disorder in one‐fifth. The majority of the women reported substance use prior to incarceration, as well as a history of personal victimization by family violence. Of the women prisoners referred to community mental health services at release, two‐thirds attended the arranged outpatient mental health follow‐up appointment. This study highlights the need for secondary prevention and rehabilitation for female inmates, and it provides suggestions for intervention. Copyright © 2016 John Wiley & Sons, Ltd.

  April 07, 2016   doi: 10.1002/bsl.2238   open full text
• When Parents Know Little about What Happened: Parent‐guided Conversations, Stress, and Young Children's Eyewitness Memory.
  Shengkai Sun, Andrea Follmer Greenhoot, Robyn Kelton.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 04, 2016
  This study examined how 4‐ to 7‐year‐olds' memories for a stressor were influenced by conversations with a parent who had little knowledge of the target event, and the stress children experienced before, during, and after the event. Children (N = 43) watched a mildly stressful video before talking about it with a parent. Parents were asked to focus on either the children's feelings or the content of the video itself. A researcher interviewed the children about their memory following the conversation. Behavioral and physiological measures of children's stress were collected at multiple stages. Children recalled more inaccurate information with the parent than with the interviewer. Younger age and parent insecure attachment were associated with poorer memory. Manipulation of parents' emotion orientation did not predict memory, but individual differences in the talk did, although in different ways from what would be expected from research on conversations about shared events. Less stress (according to self‐reported happiness and observed negative affect) before and after, but not during, the stressor was linked with better memory. Implications for children's memory in legal settings are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

  April 04, 2016   doi: 10.1002/bsl.2231   open full text
• Factors Associated with Review Board Dispositions following Re‐hospitalization among Discharged Persons found Not Criminally Responsible.
  Catherine M. Wilson, Tonia L. Nicholls, Yanick Charette, Michael C. Seto, Anne G. Crocker.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 04, 2016
  In the Canadian forensic mental health system, a person found Not Criminally Responsible on account of Mental Disorder (NCRMD) and given a conditional discharge returns to the community while remaining under the jurisdiction of a provincial/territorial Review Board. However, the individual can be re‐hospitalized while on conditional discharge, for reasons such as substance use, violation of conditions, or violence. We investigated whether being re‐hospitalized has an impact on the factors associated with the subsequent Review Board disposition. Persons found NCRMD from the three largest Canadian provinces who were conditionally discharged at least once during the observation period were included in the sample (N = 1,367). These individuals were involved in 2,920 disposition hearings; nearly one‐third of patients (30%) were re‐hospitalized after having been conditionally discharged by the Review Board. The factors examined included the scales of the Historical Clinical Risk Management‐20 and salient behavior that occurred since the previous hearing, such as substance use or violence. The greater presence of clinical items resulted in a greater likelihood of a hospital detention decision at the next hearing. The effect was larger for the re‐hospitalized group than for the group who successfully remained in the community since the last hearing. The results suggest that dynamic factors, specifically indicators of mental health, are heavily weighted by the Review Boards, consistent with the literature on imminent risk and in line with the NCRMD legislation. Copyright © 2016 John Wiley & Sons, Ltd.

  April 04, 2016   doi: 10.1002/bsl.2220   open full text
• Statements from Youth in Legal Contexts: Effects of Consistency, Legal Role, and Age.
  Peter F. Molinaro, Lindsay C. Malloy.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 29, 2016
  Jurors are often asked to evaluate statements provided by young victims, witnesses, and suspects. When, over time, youths’ statements contain inconsistent information or recantations of prior statements, jurors face a difficult task in evaluating the validity of the initial claim. The underlying reasons for inconsistencies and recantation of young people's statements, particularly in cases of child sexual abuse, have been debated. Of primary interest here is whether inconsistencies (e.g., recantation) are evaluated differently by fact finders depending on the youth's age and role in a legal case. The current study examined effects of consistency of juvenile statements, legal role, and age on perceptions of testimony in a child sexual abuse investigation. Participants (N = 693) read vignettes describing child sexual abuse in which consistency of a follow‐up statement (consistent, inconsistent, recanted), legal role (victim, witness, suspect), and age (10 years, 16 years) of the juvenile providing testimony were manipulated. The results revealed that judgments of initial statement quality, blameworthiness, and guilt were dependent on the consistency of follow‐up statements and on the interactive effects of a juvenile's legal role and age. The current study has theoretical implications for understanding juror decision‐making and practical implications for legal professionals and fact finders evaluating youths’ statements. Copyright © 2016 John Wiley & Sons, Ltd.

  March 29, 2016   doi: 10.1002/bsl.2236   open full text
• Psychosis and Substance Use: Implications for Conditional Release Readiness Evaluations.
  Holly E. Tabernik, Michael J. Vitacco.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 29, 2016
  In Foucha v. Louisiana (1992), the United States Supreme Court ruled that individuals adjudicated not guilty by reason of insanity (NGRI) could not remain in a forensic hospital if they were no longer mentally ill and dangerous. Since this decision, a variety of important questions have arisen related to the insanity defense and what should happen to insanity acquittees post‐adjudication. This article provides an analysis of clinical issues confronting forensic examiners when psychosis as a result of substance abuse is the underlying condition supporting an insanity defense. To accomplish this analysis, this article provides the reader with a review of literature showing the complex relationship between psychosis and substance abuse. Second, this article investigates how substance‐induced psychosis may impact both insanity opinions and subsequent conditional release decisions. Third, the article aims to provide research‐driven information to assist clinicians in conducting conditional release evaluations. Finally, this paper provides a model for evaluating dangerousness in the context of conditional release evaluations. Given the substantial comorbidity between substance abuse and psychosis, it is critical for researchers and clinicians to consider potential effects of substance abuse when evaluating insanity acquittees for conditional release, especially as substance use relates to future dangerousness. Copyright © 2016 John Wiley & Sons, Ltd.

  March 29, 2016   doi: 10.1002/bsl.2229   open full text
• Projecting Risk: The Importance of the HCR‐20 Risk Management Scale in Predicting Outcomes with Forensic Patients.
  Michael J. Vitacco, Holly E. Tabernik, Denis Zavodny, Karen Bailey, Christina Waggoner.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 23, 2016
  The present study evaluates data from 116 forensic inpatients who underwent violent risk assessments, which included the Historical, Clinical, Risk‐20 (HCR‐20), from 2006 to 2013 as part of an opportunity to be conditionally discharged from state forensic facilities. Of the 116 inpatients, 58 were never released, 39 were released and returned to a hospital, and 19 were released and never returned. Results from analyses of variance and multinomial logistic regression found the risk management (R) scale of the HCR‐20 successfully predicted group membership in that higher scores were associated with a greater likelihood of not being released from a forensic facility or returning to a forensic facility after release. The results of this study indicate that clinicians should consider community‐based risk variables when evaluating forensic patients for potential return to the community. This research demonstrates that clinicians failing to fully consider dynamic risk factors associated with community integration jeopardize the quality and thoroughness of their violence risk assessment with regards to readiness for release. Copyright © 2016 John Wiley & Sons, Ltd.

  March 23, 2016   doi: 10.1002/bsl.2221   open full text
• A Description of the Forensic Monitoring System of the Missouri Department of Mental Health.
  James B. Reynolds.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 23, 2016
  The Forensic Monitoring System (FMS) of the Missouri Department of Mental Health considers and approves consumers committed under not guilty by reason of insanity (NGRI) status for release. The system extends to the outpatient sector to ensure that such persons maintain their mental stability and do not pose a danger to the community. The process of conditional release and the organization of the FMS are outlined, reasons for the low recidivism rate are discussed, and paternalism in requiring treatment compliance as a condition of individual liberty is explored. Case examples illustrate the success, in terms of revocation and rearrest rates, of the Missouri system, which typically sees an annual return to inpatient custody of only 7%, and a still lower rate of criminal recidivism. Cost‐effectiveness is discussed in terms of resources spent so that recovered persons with dangerous mental illnesses may live in safety outside of an institution. Copyright © 2016 John Wiley & Sons, Ltd.

  March 23, 2016   doi: 10.1002/bsl.2225   open full text
• Probation Officer Role Emphases and Use of Risk Assessment Information before and after Training.
  Elijah P. Ricks, Jennifer Eno Louden, Patrick J. Kennealy.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 17, 2016
  This research examined how probation officers use risk information about offenders, and how its use is affected by what aspects of their role they emphasize. Officers (N = 152) were invited to complete surveys before and after a risk assessment tool training (46.0–65.8% participation rate). Surveys assessed estimates of reoffense and officers' likely supervision approach given a probationer's risk level. Officers tended to overestimate the likelihood of medium‐ and high‐risk offenders to reoffend. As risk level rose, officers tended to increase the number of meetings and referrals. Officers' role emphases were related to how they perceived low‐risk offenders' likelihood to reoffend, but not for offenders at other risk levels. There was relative consistency in officers' role emphases, supervision decisions, and responses to violations, so that differences in practice did not appear to be systematic. Most officers' risk perceptions were more realistic after training. Copyright © 2016 John Wiley & Sons, Ltd.

  March 17, 2016   doi: 10.1002/bsl.2219   open full text
• Legal Assessments of Child Victims of Human Trafficking for Sexual Purposes.
  Johanna Lindholm, Ann‐Christin Cederborg.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 14, 2016
  The present study investigated how Swedish district court judges assessed child victims' credibility and the reliability of their testimony in cases of alleged human trafficking for sexual purposes. Court files from 12 different cases, involving 16 alleged child victims (aged 13–17 years old), all of them girls, were qualitatively analyzed with particular attention paid to how the judges described credibility and reliability. Results indicated that, although the judges' assessments to a large extent were based on the Swedish Supreme Court's criteria for credibility and reliability, they were applied somewhat arbitrarily and subjectively. They were also applied as if obvious and grounded on shared experiences, although their meaning was never explored. The way that credibility was assessed may also reinforce gender and victim stereotypes. Moreover, there seems to exist a confusion surrounding the credibility and reliability concepts, as they were sometimes used interchangeably despite the intention that they are two different assessments. Overall, an apparent need exists to increase judges' awareness that their subjective impressions should decrease when legitimizing judicial decisions. Copyright © 2016 John Wiley & Sons, Ltd.

  March 14, 2016   doi: 10.1002/bsl.2228   open full text
• The Emotional Child Witness Effect Survives Presentation Mode.
  Annika Melinder, Lisa Burrell, Maria Olaussen Eriksen, Svein Magnussen, Ellen Wessel.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 14, 2016
  The emotional witness effect – the phenomenon whereby people are affected by the emotional manner in which a witness presents testimony – constitutes a possible source of wrongful decisions in legal contexts. One stereotypical view of abused children is that they should be sad when talking about their experiences of maltreatment, whereas children may in fact express a variety of emotional expressions when talking about abusive events. This raises the question as to whether there is an optimal mode in which to present child victim testimony that could reduce the possible influence of displayed emotions. In the present study, mock police interviews were carried out with female child actors, role‐playing the victims of physical abuse by their stepfather, telling the same story with four emotional expressions (neutral, sad, angry, or positive). Laypersons (N = 465) were presented with the interviews as transcripts with the emotional reactions of the child witness noted, audio recordings, or videotaped recordings. Participants then rated the credibility of the victim witness. Replicating previous results, the “sad” expression elicited the highest credibility ratings across all modes of presentations. Presentation mode affected ratings of credibility, with the transcript versions resulting in the highest ratings. Copyright © 2016 John Wiley & Sons, Ltd.

  March 14, 2016   doi: 10.1002/bsl.2232   open full text
• Using Dynamic Risk to Enhance Conditional Release Decisions in Prisoners to Improve Their Outcomes.
  Ralph C. Serin, Renée Gobeil, Caleb D. Lloyd, Nick Chadwick, Kaitlyn Wardrop, Laura Hanby.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 14, 2016
  Advances in criminal risk assessment have increased sufficiently that inclusion of valid risk measures to anchor assessments is considered a best practice in release decision‐making and community supervision by many paroling authorities and probation agencies. This article highlights how decision accuracy at several key stages of the offender's release and supervision process could be further enhanced by the inclusion of dynamic factors. In cases where the timing of release is discretionary and not legislated, the utilization of a validated decision framework can improve transparency and potentially reduce decision errors. In cases where release is by statute, there is still merit in using dynamic risk assessment and case analysis to inform the assignment of release conditions, thereby attending to re‐entry and public safety considerations. Finally, preliminary results from a recent study are presented to highlight the fact that community supervision outcomes may be improved by incorporating changes in dynamic risk into case planning and risk management, although this work requires replication with larger populations reflecting diverse groups of offenders. Nonetheless, these decision strategies have implications for both resource allocation and client outcomes, as outlined here. Copyright © 2016 John Wiley & Sons, Ltd.

  March 14, 2016   doi: 10.1002/bsl.2213   open full text
• From Prison to the Community: The AB109 Experience in Los Angeles County.
  Cynthia Chavira, Timothy Botello, Isabel T. Lagomasino.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 14, 2016
  California's Assembly Bill (AB) 109, commonly referred to as “realignment,” resulted from two major class action lawsuits, in which the U.S. Supreme Court ruled that inadequate medical and mental health care in the California state prisons was a violation of inmates’ Eighth Amendment rights protecting them from cruel and unusual punishment. These deficiencies were attributed to state prison overcrowding. California responded by enacting new legislation, AB109, which allowed transfer of responsibility for low‐level offenders from the state to local counties. This qualitative pilot study used semi‐structured interviews to examine the experiences of 10 mentally ill individuals on AB109 probation in Los Angeles County, including their experiences with community mental health services. Interviews with four treatment providers at a Los Angeles treatment program for AB109 probationers were also conducted to illustrate providers’ perspectives on the barriers and facilitators to providing treatment to AB109 probationers. AB109 probationers reported encountering several barriers that negatively impacted their ability to access and utilize mental health services, including lack of education about AB109; problems with housing, transportation, and funding; and lack of social support. Treatment providers reported similar barriers. Several recommendations are proposed to improve the AB109 experience and to help reduce recidivism, which was a goal of AB109. Copyright © 2016 John Wiley & Sons, Ltd.

  March 14, 2016   doi: 10.1002/bsl.2216   open full text
• New Frontiers for Conditional Release: Applying Lessons Learned from Other Offenders with Mental Illness.
  W. Neil Gowensmith, Amanda J. Peters, Indira A. Lex, Anika K.S. Heng, Kevin P. Robinson, Benjamin A. Huston.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 14, 2016
  There is relatively little research in the literature on insanity acquittees as compared with the large number of studies focused on the supervision and treatment of probationers and parolees with mental illness. Ideally, the latter literature could be successfully applied to insanity acquittees discharged from an inpatient hospital on “conditional release.” This article describes the challenges faced by persons on conditional release as well as the gaps in extant conditional release literature. Then, five evidence‐based models for the supervision and/or treatment of probationers and parolees with mental illness are applied to a theoretical conditionally released population (mental health courts, forensic assertive community treatment teams, the risk–need–responsivity model, informed supervision practices, and HOPE probation). Benefits and limitations are noted, and recommendations for such crossover are given. Copyright © 2016 John Wiley & Sons, Ltd.

  March 14, 2016   doi: 10.1002/bsl.2217   open full text
• Conditional Release Placements of Insanity Acquittees in Oregon: 2012–2014.
  David Novosad, Shelley Banfe, Juliet Britton, Joseph D. Bloom.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 11, 2016
  Between January 1, 2012 and December 31, 2014, there was a large population (N = 200) of insanity acquittees placed on conditional release (CR) in the state of Oregon. This article looks at the demographic and system characteristics of this large group of individuals. The authors then focus on the initial housing placement and what happens to individuals after their release in relation to their housing placement. In Oregon, insanity acquittees are either conditionally released directly by the court or placed in the hospital prior to potential CR by a supervising board. In general, once CR occurs, individuals tend to stay in their initial placement without moving to less structured levels of care, raising concerns about transinstitutionalization. This is especially true for individuals released to the most structured living arrangement (secure residential treatment facility). Those individuals who are conditionally released to less structured settings have a higher rate of revocation back to the hospital. Those individuals who do move to less structured levels of care usually have longer hospital stays and start off in more structured levels of care to start their CR. Copyright © 2016 John Wiley & Sons, Ltd.

  March 11, 2016   doi: 10.1002/bsl.2218   open full text
• Attorney Questions Predict Jury‐eligible Adult Assessments of Attorneys, Child Witnesses, and Defendant Guilt.
  Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 02, 2016
  Children are often the primary source of evidence in maltreatment cases, particularly cases of child sexual abuse, and may be asked to testify in court. Although best‐practice protocols for interviewing children suggest that interviewers ask open‐ended questions to elicit detailed responses from children, during in‐court testimony, attorneys tend to rely on closed‐ended questions that elicit simple (often “yes” or “no”) responses (e.g., Andrews, Lamb, & Lyon, ; Klemfuss, Quas, & Lyon, ). How then are jurors making decisions about children's credibility and ultimately the case outcome? The present study examined the effect of two attorney‐specific factors (e.g., temporal structure and questioning phase) on mock jurors' perceptions of attorney performance, child witness credibility, storyline clarity, and defendant guilt. Participants were randomly assigned to read a trial excerpt from one of eight conditions and were then asked to evaluate the attorney, child witness, and the case. Selected excerpts were from criminal court case transcripts and contained either high attorney temporal structure (e.g., use of temporal markers) or low temporal structure (e.g., frequent topic switching), involved direct or cross‐examination, and represented cases resulting in a conviction or acquittal. Child responses were kept consistent across all excerpts. Results showed that participants perceived the attorney's performance and child's credibility more favorably and thought the storyline was clearer when attorneys provided high rather than low temporal structure and when the excerpt contained direct rather than cross‐examination. Participants who read a direct rather than cross‐examination excerpt were also more likely to think the defendant was guilty. The study highlights the impact of attorney questioning style on mock jurors' perceptions. Copyright © 2016 John Wiley & Sons, Ltd.

  March 02, 2016   doi: 10.1002/bsl.2214   open full text
• Adults' Insensitivity to Developmental Changes in Children's Ability to Report When and How Many Times Abuse Occurred.
  Kyndra C. Cleveland, Jodi A. Quas.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 26, 2016
  In legal settings, children are frequently asked to provide temporal information about alleged abuse, such as when it occurred and how often. Although there is a sizeable body of work in the literature regarding children's ability to provide such information, virtually nothing is known about how adults evaluate the veracity of that information. This omission is especially noteworthy given that adults' evaluations are critical to the progression and outcome of legal cases. We examined adults' perceptions of children's reports of temporal details regarding alleged sexual abuse. We varied both children's age (6 vs. 11 years) and how certain children were when providing such details to assess whether adults were sensitive to changes in how children of different ages typically talk about temporal information. With regard to credibility, adults were insensitive to children's age, perceiving younger and older children who reported temporal details with confidence as more credible than those who reported information tentatively. Normative developmental trends, however, would suggest that, with age, children are often tentative when reporting true temporal details. With regard to perceptions of children's accuracy in reporting temporal information, adults found younger children who were confident to be the most accurate. Regarding guilt judgments, adults rated defendants as having a higher degree of guilt when children were confident in reporting temporal details. The findings have implications for juror decision‐making in cases of alleged sexual abuse in which children report when or how often abuse occurred. Copyright © 2016 John Wiley & Sons, Ltd.

  February 26, 2016   doi: 10.1002/bsl.2211   open full text
• Where There's Smoke, There's Fire: the Effect of Truncated Testimony on Juror Decision‐making.
  Lakin Anderson, Julien Gross, Trine Sonne, Rachel Zajac, Harlene Hayne.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 16, 2016
  In countries that allow child complainants of abuse to present their direct evidence via pre‐recorded videotape, the recording is sometimes truncated for relevance or admissibility purposes before it is presented to the jury. In two experiments, we investigated how this practice affects mock jurors' judgments of child credibility and defendant culpability when truncation omitted the child's less plausible allegations. Mock jurors read a transcript of a 6‐year‐old girl making an abuse allegation against the janitor at her school. Some jurors read this allegation only (truncated version), while others also read either one or two additional – but less plausible – allegations by the same child. Contrary to what we predicted, the presence of these additional allegations did not decrease jurors' belief in the core allegation, nor did it influence their judgments about the child complainant's honesty or cognitive competence. In fact, under at least one condition, reading additional, less plausible allegations made jurors more likely to pronounce the defendant guilty of the core allegation – even when jurors did not believe the additional allegations. This finding stands in stark contrast to prior research on jurors' evaluation of adults' testimony that includes implausible details. Future research in this area will help to elucidate the conditions under which the presentation of truncated testimony may or may not influence juror decision‐making. Copyright © 2016 John Wiley & Sons, Ltd.

  February 16, 2016   doi: 10.1002/bsl.2212   open full text
• Diagnostic Differences and Demographic Predictors of Respondents Adjudicated Civilly Incompetent Versus Competent.
  George J. Demakis, Charlie L. Reeve.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 30, 2015
  The purpose of this study was to determine if diagnostic and demographic variables predict civil competency adjudications, a topic that has received scant research attention. Respondents (i.e., individuals alleged to be incompetent) were evaluated by a licensed psychologist to assist the court in civil competency and possible guardianship determination. Prior research using some of the same participants demonstrated select differences on activities of daily living between these groups (Quickel & Demakis, ), but the current set of analyses was not conducted. The current study included 107 competency evaluations in Mecklenburg County North Carolina and, at conclusion of the case, the public record of the adjudication was obtained. Based on prior legal theorizing in related criminal areas—focused on discrimination of individuals with mental illness—we predicted that cases involving respondents with psychiatric diagnoses would be likely to be overrepresented in those referred for evaluation as well as those subsequently adjudicated incompetent. A series of analyses indicated no statistical differences between competency groups (psychiatric/substance abuse, neurological, both psychiatric and neurological, and intellectually disabled). In a series of exploratory logistic regression analyses, we found that respondents who were single versus in a relationship and those not living at home versus living at home were significantly more likely to be adjudicated incompetent, even after controlling for difference in activities of daily living. There were no differences in incompetency adjudication by age, education, gender, race, or relationship status. Results are discussed in terms of implications for individuals with mental illness in incompetency hearings, as well as specific issues for psychologists evaluating a broad range of respondents. Copyright © 2015 John Wiley & Sons, Ltd.

  October 30, 2015   doi: 10.1002/bsl.2198   open full text
• The Vindication of Lamarck? Epigenetics at the Intersection of Law and Mental Health.
  Matt DeLisi, Michael G. Vaughn.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 21, 2015
  Research on epigenetic mechanisms is gaining traction, yet is poorly understood by criminologists and behavioral scientists. The current objective is to review relevant studies of interest to behavioral scientists who study crime, and to translate admittedly challenging scientific information into text that is digestible to the average criminologist. Using systematic search procedures the authors identified and reviewed 41 studies of epigenetic mechanisms in psychiatric and behavioral phenotypes among humans. Findings revealed significant epigenetic effects in an assortment of genes that are implicated in the etiology of depression, suicidality, callous–unemotional traits, and chronic and intergenerational aggressive behavior. Several polymorphisms that mediate the HPA axis, neurotransmission, immune response, brain development, serotonin synthesis, and other processes were found. Although prescriptive knowledge based on epigenetic findings to date is premature, epigenetics is a new and exciting scientific frontier not too different in spirit from Lamarck's observations centuries ago. Copyright © 2015 John Wiley & Sons, Ltd.

  September 21, 2015   doi: 10.1002/bsl.2206   open full text
• A Review of Epigenetic Markers of Tobacco and Alcohol Consumption.
  Robert Philibert, Cheryl Erwin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 14, 2015
  Over the past two decades, advances in genetic technologies have posed unexpected challenges to the ethical and legal framework guiding the application of the most recent advances in healthcare technologies. By and large, these challenges have been successfully met by the introduction by statutes such as the Genetic Information Nondiscrimination Act (GINA). However, over the past several years, these advances in the ability to measure genetic (or heritable) contributions to medical illness have been joined by advances in epigenetic (or acquired) contributions to common medical illnesses. Unfortunately, the moral and legal framework for the use of these epigenetic technologies, which can objectively determine the presence of medical illnesses such as diabetes or the consumption of substances of abuse, is not as well developed. This communication provides an introduction to the fundamentals of epigenetics and then reviews how some of the latest advances in this technology can now be used to assess the consumption of alcohol and tobacco. Next, the possible mechanisms through which these tools could be employed clinically are discussed. Finally, the authors outline the potential for misuse of this technology and suggest that well‐informed policy could play a critical role in shaping the optimal implementation of epigenetic technologies. Copyright © 2015 John Wiley & Sons, Ltd.

  September 14, 2015   doi: 10.1002/bsl.2202   open full text
• ‘Biologizing’ Psychopathy: Ethical, Legal, and Research Implications at the Interface of Epigenetics and Chronic Antisocial Conduct.
  Armon J. Tamatea.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 14, 2015
  Epigenetics, a field that links genetics and environmental influences on the expression of phenotypic traits, offers to increase our understanding of the development and trajectory of disease and psychological disorders beyond that thought of traditional genetic research and behavioural measures. By extension, this new perspective has implications for risk and risk management of antisocial behaviour where there is a biological component, such as psychopathy. Psychopathy is a personality disorder associated with repeat displays of antisocial behaviour, and is associated with the disproportionate imposition of harm on communities. Despite advances in our knowledge of psychopathic individuals, the construct remains complex and is hampered by a lack of integration across a range of fundamental domains. The clinical and forensic research on psychopathy is brought into conversation with the emerging field of epigenetics to highlight critical issues of (1) clinical definition and diagnosis, (2) assessment, (3) aetiology of psychopathic phenotypes, and (4) treatment and rehabilitation approaches. Broader ethical and legal questions of the role of epigenetic mechanisms in the management of psychopathy beyond the criminal justice arena are also outlined. Copyright © 2015 John Wiley & Sons, Ltd.

  September 14, 2015   doi: 10.1002/bsl.2201   open full text
• Behavioral Genetics and the Forensic Mental Health Provider: An Overview.
  Tracy D. Gunter.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 14, 2015
  The area of behavioral genetics has sufficiently entered the area of forensic mental health work that providers should have some working knowledge of the strengths and limitations of these exciting technical advances. Using MAOA as an example, this essay reviews some of the recurring themes in forensic behavioral genetics and suggests additional ways in which the technology might be used in legal matters. Copyright © 2015 John Wiley & Sons, Ltd.

  September 14, 2015   doi: 10.1002/bsl.2208   open full text
• Epigenetic Alterations Associated with War Trauma and Childhood Maltreatment.
  Laura Ramo‐Fernández, Anna Schneider, Sarah Wilker, Iris‐Tatjana Kolassa.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 11, 2015
  Survivors of war trauma or childhood maltreatment are at increased risk for trauma‐spectrum disorders such as post‐traumatic stress disorder (PTSD). In addition, traumatic stress has been associated with alterations in the neuroendocrine and the immune system, enhancing the risk for physical diseases. Traumatic experiences might even affect psychological as well as biological parameters in the next generation, i.e. traumatic stress might have transgenerational effects. This article outlines how epigenetic processes, which represent a pivotal biological mechanism for dynamic adaptation to environmental challenges, might contribute to the explanation of the long‐lasting and transgenerational effects of trauma. In particular, epigenetic alterations in genes regulating the hypothalamus–pituitary–adrenal axis as well as the immune system have been observed in survivors of childhood and adult trauma. These changes could result in enduring alterations of the stress response as well as the physical health risk. Furthermore, the effects of parental trauma could be transmitted to the next generation by parental distress and the pre‐ and postnatal environment, as well as by epigenetic marks transmitted via the germline. While epigenetic research has a high potential of advancing our understanding of the consequences of trauma, the findings have to be interpreted with caution, as epigenetics only represent one piece of a complex puzzle of interacting biological and environmental factors. Copyright © 2015 John Wiley & Sons, Ltd.

  September 11, 2015   doi: 10.1002/bsl.2200   open full text
• Ethical Issues Raised by Epigenetic Testing for Alcohol, Tobacco, and Cannabis.
  Cheryl Erwin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 11, 2015
  Epigenetic testing is one of the most significant new technologies to provide insight into the behavioral and environmental factors that influence the development and reconfiguration of the human genetic code. This technology allows us to identify structural changes in the genome that occur due to exposure to a wide variety of substances including alcohol, tobacco, and cannabis. The information gained can be used to promote health but it also raises a variety of ethical, legal, and social issues. As society progresses in understanding the epigenetic mechanisms of substance use and addiction, there is an opportunity to use these use this knowledge to enable medical, behavioral, and environmental interventions to alleviate the burden of addiction. This article describes the ethical issues associated with use of epigenetic testing for alcohol, tobacco, and cannabis and the implications of this technology. A further review of the scientific basis for the relevance of epigenetics is found in the accompanying article by Philibert and Erwin in this issue. Copyright © 2015 John Wiley & Sons, Ltd.

  September 11, 2015   doi: 10.1002/bsl.2204   open full text
• Developments in Genetic and Epigenetic Data Protection in Behavioral and Mental Health Spaces.
  Nicolas Terry.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 11, 2015
  The legal system has been preparing for an explosion of epigenetic issues in public health, environmental regulation and litigation. So far, this explosion has been muted, and for now epigenetic data protection merely seems to be “enjoying” the same technological and legal challenges experienced by other clinical and research data. However, three areas of development suggest where epigenetic data protection may prove problematic. This article examines these three issues, noting the rapid expansion of research based on EMR‐sourced clinical data, the large number of data protection models that can apply to genetic data (including point‐of‐use prohibitions on discrimination and confidentiality), and the increasing and controversial dangers of deidentified information being reidentified. Copyright © 2015 John Wiley & Sons, Ltd.

  September 11, 2015   doi: 10.1002/bsl.2203   open full text
• Epigenetics and Child Psychiatry: Ethical and Legal Issues.
  Christopher R. Thomas.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 11, 2015
  Epigenetics has the potential to revolutionize diagnosis and treatment in psychiatry, especially child psychiatry, as it may offer the opportunity for early detection and prevention, as well as development of new treatments. As with the previous introduction of genetic research in psychiatry, there is also the problem of unrealistic expectations and new legal and ethical problems. This article reviews the potential contributions and problems of epigenetic research in child psychiatry. Previous legal and ethical issues in genetic research serve as a guide to those in epigenetic research. Recommendations for safeguards and guidelines on the use of epigenetics with children and adolescents are outlined based on the identified issues. Copyright © 2015 John Wiley & Sons, Ltd.

  September 11, 2015   doi: 10.1002/bsl.2207   open full text
• Smoking, Methylation at AHRR, and Recidivism Risk in a Community Correction Sample of Individuals at High Risk for Recidivism.
  Tracy D. Gunter, Robert A. Philibert.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 10, 2015
  Individuals supervised by community correction programs have a high rate of tobacco use and high frequency of tobacco dependence. As compared with supervisees without tobacco dependence, probationers and parolees with tobacco dependence were more likely to abuse other substances and report poorer health. In this sample of 374 predominantly felon and repeat offenders, at high risk for recidivism, over 95% of subjects smoked or used other tobacco products, 87% were actively smoking at the time of interview, and 70% met criteria for lifetime tobacco dependence. Seventy‐four percent had DNA demethylation, defined as methylation less than 83%, at the aryl hydrocarbon receptor repressor (AHRR) residue interrogated by cg0557592 at the time of interview. Seventy‐eight percent exhibited four‐year recidivism. Demethylation was associated with four‐year recidivism in women, but not men. These findings suggest that methylation at cg05575921 serves as a semi‐quantitative measure of both recent use and lifetime burden, that community correction populations continue to smoke at high risk, that measurement of methylation may add to the identification of female offenders at risk for recidivism, and that treatments to assist in cessation efforts are desperately needed. Copyright © 2015 John Wiley & Sons, Ltd.

  September 10, 2015   doi: 10.1002/bsl.2205   open full text
• The Influence of Biomedical Information and Childhood History on Sentencing.
  JongHan Kim, Abby Boytos, Yoori Seong, Kwangbai Park.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 26, 2015
  A recent trend in court is for defense attorneys to introduce brain scans and other forms of biomedical information (BI) into criminal trials as mitigating evidence. The present study investigates how BI, when considered in combination with a defendant's childhood information (CI), can influence the length of a defendant's sentence. We hypothesized that certain combinations of BI and CI result in shorter sentences because they suggest that the defendant poses less of a threat to society. Participants were asked to read accounts of the trial of a murder suspect and, based on the information therein, recommend a sentence as if they were the judge. The defendant was diagnosed with psychopathy, but biomedical information regarding that diagnosis was included or excluded depending on the BI condition. The defendant was further described as growing up in either a loving or abusive family. The results showed that, if BI was present in the trial account, the defendant from an abusive family was perceived as less of a threat to society and received a shorter recommended sentence than if the defendant had been from a loving family. If BI was absent from the account, the pattern was reversed: the defendant from a loving family was perceived as less of a threat to society and received a shorter recommended sentence than if he had been from an abusive family. Implications for the use of BI and CI in court trials are discussed, as well as their relationship to free will and the function of punishment as retribution and utility. Copyright © 2015 John Wiley & Sons, Ltd.

  August 26, 2015   doi: 10.1002/bsl.2199   open full text
• Double Parricide: An In‐Depth Look at Two Victim Homicides Involving Parents as Victims.
  Averi R. Fegadel, Kathleen M. Heide.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 28, 2015
  The majority of studies examining the killing of parents and step‐parents by biological and stepchildren involve a single victim and single offender. Little is known when parricide incidents involve multiple victims or multiple offenders. Using the National Incident‐Based Reporting System (NIBRS), this study examined double parricide incidents involving single or multiple offenders over the 20‐year period 1991–2010 with the aim of investigating juvenile and adult involvement. Forty‐five incidents of double parricide were identified and verified; in 35 of these cases, the offenders acted alone. Frequencies reported include offender, victim, and incident characteristics. The results indicated that the typical double parricide offender who acted alone was a White male approximately 30 years of age. When multiple offenders were involved, the offenders tended to be younger and were more likely to include a female accomplice. Newspapers were utilized to augment available case information. Study limitations, implications, and directions for future research are also discussed. Copyright © 2015 John Wiley & Sons, Ltd.

  July 28, 2015   doi: 10.1002/bsl.2189   open full text
• Unnoticed, Untapped, and Underappreciated: Clients' Perceptions of their Public Defenders.
  Christopher Campbell, Janet Moore, Wesley Maier, Mike Gaffney.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 08, 2015
  The challenge of providing high‐quality public defense services continues to be a concern at federal, state, and local levels. Some scholars have alluded to a potential solution in client‐centered representation, but research in this area is sparse at best. Such a lack of understanding leaves in its place speculation, particularly as to the potential importance of client perceptions in shaping broader system legitimacy. To fill this gap and create an empirical platform for future research, an exploratory pilot study was launched with the Hamilton County, Ohio Public Defender's Office, which used mixed methodologies to assess client attitudes toward public defenders as a potential resource for aiding the improvement of indigent representation. Findings from this pilot study suggest that there are five factors a public defense attorney should address that may prove to be very important in obtaining client satisfaction and cooperation: engaging the client for input, listening to the client, examining the prosecutor's evidence, focusing on the client's case during meetings, and informing the client of potential consequences. Implications for practice and future research are discussed. Copyright © 2015 John Wiley & Sons, Ltd.

  May 08, 2015   doi: 10.1002/bsl.2182   open full text
• Taking Blame for Other People's Misconduct.
  Jennifer Willard, Stephanie Madon, Timothy Curran.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 02, 2015
  Taking blame for another person's misconduct may occur at relatively high rates for less serious crimes. The authors examined individual differences and situational factors related to this phenomenon by surveying college students (n = 213) and men enrolled in substance abuse treatment programs (n = 42). Among college students, conscientiousness and delinquency predicted their likelihood of being in a situation in which it was possible to take the blame for another person's misconduct. Situational factors, including the relationship with the perpetrator, the seriousness of the offense, feelings of responsibility for the offense, and differential consequences between the offender and the blame taker, were associated with college students’ decisions to take the blame. Among substance abuse treatment participants, individuals who took the blame for another person's misconduct were more extraverted, reported feeling more loyalty toward the true perpetrator, and indicated more incentives to take the blame than individuals who did not take the blame. Links between theories of helping behavior and situational factors that predict blame taking are discussed. Copyright © 2015 John Wiley & Sons, Ltd.

  February 02, 2015   doi: 10.1002/bsl.2164   open full text
• What Happens to Mental Health Court Noncompleters?
  Bradley Ray, Brittany J. Hood, Kelli E. Canada.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. January 23, 2015
  Mental health court (MHC) research consistently finds that defendants who successfully complete and graduate from the court are less likely to recidivate than those who do not. However, research has not assessed what happens to these noncompleters once they are sent back to traditional court. Using follow‐up data on six years of noncompleters from pre‐adjudication MHC, we examine what happens to these defendants in traditional court. Findings suggest that 63.7% of defendants' charges were dismissed, 21.0% received probation, and 15.3% were sentenced to incarceration. We examine the time to disposition and differences in defendant characteristics and disposition outcome as well as the relationship between disposition and subsequent recidivism. Results suggest that more severe punishments in traditional court are associated with recidivism. Logistic regression analysis shows that defendants whose charges were dismissed in traditional court were less likely to recidivate than those who were sentenced to probation or incarceration. Our findings highlight the need for future MHC evaluations to consider traditional court outcomes and support trends towards post‐adjudication courts. Copyright © 2015 John Wiley & Sons, Ltd.

  January 23, 2015   doi: 10.1002/bsl.2163   open full text
• The Changing Face of Terrorism in the 21st Century: The Communications Revolution and the Virtual Community of Hatred.
  Jerrold M. Post, Cody McGinnis, Kristen Moody.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 02, 2014
  There are no psychological characteristics or psychopathology separating terrorists from the general population. Rather, it is group dynamics, with a particular emphasis on collective identity, that helps to explain terrorist psychology. Just as there is a diverse spectrum of kinds of terrorism, so too is there a spectrum of terrorist psychologies. Some terrorists, those in nationalist‐separatist groups, such as Fatah and the IRA, are continuing with the mission of their parents who are dissident to the regime. The opposite generational provenance is seen among social‐revolutionary terrorists, such as the Weather Underground and the Red Army Faction in Germany, who are rebelling against their parents’ generation, which is loyal to the regime. Four waves of terrorism can be distinguished: the “anarchist wave”; the “anti‐colonial wave” (nationalist‐separatist), with minority groups seeking to be liberated from their colonial masters or from the majority in their country; the “new left” wave (social‐revolutionary); and now the “religious” wave. With the communications revolution, a new phenomenon is emerging which may presage a fifth wave: lone wolf terrorists who through the Internet are radicalized and feel they belong to the virtual community of hatred. A typology of lone wolf terrorism is proposed. Copyright © 2014 John Wiley & Sons, Ltd.

  June 02, 2014   doi: 10.1002/bsl.2123   open full text
• Bias in Behavioral Study and Analysis of International and Domestic Terrorism: An Editorial Introduction.
  Alan R. Felthous.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 19, 2014
  There is no abstract available for this paper.

  May 19, 2014   doi: 10.1002/bsl.2125   open full text
• The Quest for Significance Model of Radicalization: Implications for the Management of Terrorist Detainees.
  Michelle Dugas, Arie W. Kruglanski.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 06, 2014
  Radicalization and its culmination in terrorism represent a grave threat to the security and stability of the world. A related challenge is effective management of extremists who are detained in prison facilities. The major aim of this article is to review the significance quest model of radicalization and its implications for management of terrorist detainees. First, we review the significance quest model, which elaborates on the roles of motivation, ideology, and social processes in radicalization. Secondly, we explore the implications of the model in relation to the risks of prison radicalization. Finally, we analyze the model's implications for deradicalization strategies and review preliminary evidence for the effectiveness of a rehabilitation program targeting components of the significance quest. Based on this evidence, we argue that the psychology of radicalization provides compelling reason for the inclusion of deradicalization efforts as an essential component of the management of terrorist detainees. Copyright © 2014 John Wiley & Sons, Ltd.

  May 06, 2014   doi: 10.1002/bsl.2122   open full text
• Terrorism in Pakistan: A Behavioral Sciences Perspective.
  Asad Tamizuddin Nizami, Mowadat Hussain Rana, Tariq Mahmood Hassan, Fareed Aslam Minhas.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 28, 2014
  This article reviews the behavioral science perspectives of terrorism in Pakistan. It can be argued that Pakistan has gained worldwide attention for “terrorism” and its role in the “war against terrorism”. The region is well placed geopolitically for economic successes but has been plagued by terrorism in various shapes and forms. A behavioral sciences perspective of terrorism is an attempt to explain it in this part of the world as a complex interplay of historical, geopolitical, anthropological and psychosocial factors and forces. Drawing from theories by Western scholars to explain the behavioral and cognitive underpinnings of a terrorist mind, the authors highlight the peculiarities of similar operatives at individual and group levels. Thorny issues related to the ethical and human right dimensions of the topic are visited from the unique perspective of a society challenged by schisms and divergence of opinions at individual, family, and community levels. The authors have attempted to minimize the political descriptions, although this cannot be avoided entirely, because of the nature of terrorism. Copyright © 2014 John Wiley & Sons, Ltd.

  April 28, 2014   doi: 10.1002/bsl.2118   open full text
• The Case of Anders Behring Breivik – Language of a Lone Terrorist.
  Cecilia H. Leonard, George D. Annas, James L. Knoll, Terje Tørrissen.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 22, 2014
  Anders Behring Breivik carried out a massacre in Norway on July 22, 2011, killing a total 77 persons and leaving 42 others severely wounded. He detonated a bomb in Oslo and then drove to the island of Utøya, where he shot and killed youngsters gathered at a youth camp. The authors performed an analysis of Breivik's writing style in his extensive manifesto which he published hours before the attacks, and also referred to the two psychiatrists' reports. The first report concluded that he suffered from paranoid schizophrenia. The authors concurred with the second report. Breivik seemed to be a person with narcissistic personality disorder, whose grandiosity might have caused him to be regarded initially as mentally deranged; however, closer examination revealed his deliberate attempt to methodically indoctrinate and deceive potential readers, to alarm potential targets and to terrorize a nation. Copyright © 2014 John Wiley & Sons, Ltd.

  April 22, 2014   doi: 10.1002/bsl.2117   open full text
• Breivik – The Norwegian Terrorist Case.
  Aslak Syse.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 22, 2014
  On July 22, 2011, there were two murderous attacks in Norway. Both assaults – the bombing of governmental buildings in Oslo City center and the lethal shooting down of young members of the Labour Party on an island – were planned and accomplished by a lone perpetrator. These episodes give rise to several interesting questions. What happened really, and how could it happen? Was the perpetrator sane or insane? What was the ideological background for the attacks? It is unnecessary to discuss in any detail whether or not these acts should be categorized as terrorism. However, there is good reason to consider what these terror attacks imply for Norwegian society at large. What significance did the attacks have for Norwegian democracy, and did they have any impact on the 2013 parliamentary elections? What will be the future for the offender, both in the short term and in years to come? What will happen to the Norwegian insanity defense? These questions are addressed in this article. Copyright © 2014 John Wiley & Sons, Ltd.

  April 22, 2014   doi: 10.1002/bsl.2121   open full text
• Managing Facility Risk: External Threats and Health Care Organizations.
  Daniel J. Reid, William H. Reid.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 14, 2014
  Clinicians and clinical administrators should have a basic understanding of physical and financial risk to mental health facilities related to external physical threat, including actions usually viewed as “terrorism” and much more common sources of violence. This article refers to threats from mentally ill persons and those acting out of bizarre or misguided “revenge,” extortionists and other outright criminals, and perpetrators usually identified as domestic or international terrorists. The principles apply both to relatively small and contained acts (such as a patient or ex‐patient attacking a staff member) and to much larger events (such as bombings and armed attack), and are relevant to facilities both within and outside the U.S. Patient care and accessibility to mental health services rest not only on clinical skills, but also on a place to practice them and an organized system supported by staff, physical facilities, and funding. Clinicians who have some familiarity with the non‐clinical requirements for care are in a position to support non‐clinical staff in preventing care from being interrupted by external threats or events such as terrorist activity, and/or to serve at the interface of facility operations and direct clinical care. Readers should note that this article is an introduction to the topic and cannot address all local, state and national standards for hospital safety, or insurance providers’ individual facility requirements. Copyright © 2014 John Wiley & Sons, Ltd.

  April 14, 2014   doi: 10.1002/bsl.2107   open full text
• Gender‐Intrusive Questioning: A Survey of Expert Witnesses.
  Tarika Daftary‐Kapur, Maureen O'Connor, Mindy Mechanic.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 10, 2014
  This paper reports the results of a survey of male and female psychologists with expert witness experience. The survey explored the roles of both expert witness gender and valence of the testimony to provide preliminary empirical data on whether gender in combination with the valence of testimony leads to perceived bias targeted towards female experts. The presence of such bias might diminish the credibility of the expert and subsequently the proffered testimony and, thus, undermine the legal system as effective fact‐finder by leading to decision‐making based on extra‐legal factors. Copyright © 2014 John Wiley & Sons, Ltd.

  April 10, 2014   doi: 10.1002/bsl.2114   open full text
• How Video Image Size Interacts with Evidence Strength, Defendant Emotion, and the Defendant–Victim Relationship to Alter Perceptions of the Defendant.
  Wendy P. Heath, Bruce D. Grannemann.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 08, 2014
  Courtroom video presentations can range from images on small screens installed in the jury box to images on courtroom video monitors or projection screens. Does video image size affect jurors' perceptions of information presented during trials? To investigate this we manipulated video image size as well as defendant emotion level presented during testimony (low, moderate), the defendant–victim relationship (spouses, strangers), and the strength of the evidence (weak, strong). Participants (N = 263) read a case and trial summary, watched video of defendant testimony, and then answered a questionnaire. Larger screens generally accentuated what was presented (e.g., made stronger evidence seem stronger and weaker evidence seem weaker), acting mainly upon trial outcome variables (e.g., verdict). Non‐trial outcomes (e.g., defendant credibility) were generally affected by defendant emotion level and the defendant–victim relationship. Researchers and attorneys presenting video images need to recognize that respondents may evaluate videotaped trial evidence differently as a function of how video evidence is presented. Copyright © 2014 John Wiley & Sons, Ltd.

  April 08, 2014   doi: 10.1002/bsl.2120   open full text
• X: A Case Study of a Swedish Neo‐Nazi and His Reintegration into Swedish Society.
  Jessica Eve Stern.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 07, 2014
  This article provides a case study of a Swedish neo‐Nazi and the reintegration program being provided to him. During an extensive interview that took place over two days, he told a researcher that he was interested in having a violent adventure, and that he was drawn to Nazi symbols and history more than their creed. In comparison with ordinary crime, terrorist crime is quite rare, and access to detailed case studies is rarer still, making the development of a prospective risk‐assessment instrument extremely difficult. Researchers' “thick descriptions” of their encounters with terrorists can help us to develop putative risk factors which can then be tested against controls. The article concludes by arguing that just as there is no single pathway into or out of terrorism, there can be no single reintegration program. A series of thick descriptions is a first step toward understanding what leads individuals into and out of terrorism. Copyright © 2014 John Wiley & Sons, Ltd.

  April 07, 2014   doi: 10.1002/bsl.2119   open full text
• The Cognitive Interview Buffers the Effects of Subsequent Repeated Questioning in the Absence of Negative Feedback.
  Lauren Wysman, Alan Scoboria, Julie Gawrylowicz, Amina Memon.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 02, 2014
  The Cognitive Interview (CI) is known to elicit high‐quality information from cooperative witnesses. The present study examined whether the CI protects against two suggestive interview techniques: repeated questioning and negative feedback. Young adults (n = 98) watched one of two crime videos and were interviewed with either a CI or free recall. One week later, a second interviewer asked answerable questions (about information in the video) and unanswerable questions (about information not in the video). Half of the participants received negative feedback about their performance. All participants were then asked the questions a second time. The CI resulted in more correct responses to answerable questions and fewer errors to unanswerable questions at the first questioning. The CI produced the highest consistency for answerable questions in the face of repeated questioning in the absence of negative feedback, and resulted in the most changes in responses to answerable questions when negative feedback was applied. No effects were found for unanswerable questions. The CI protected against repeated questioning, but only in the absence of negative feedback. Copyright © 2014 John Wiley & Sons, Ltd.

  April 02, 2014   doi: 10.1002/bsl.2115   open full text
• The Violent True Believer as a “Lone Wolf” – Psychoanalytic Perspectives on Terrorism.
  J. Reid Meloy, Jessica Yakeley.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 02, 2014
  The existing research on lone wolf terrorists and case experience are reviewed and interpreted through the lens of psychoanalytic theory. A number of characteristics of the lone wolf are enumerated: a personal grievance and moral outrage; the framing of an ideology; failure to affiliate with an extremist group; dependence on a virtual community found on the Internet; the thwarting of occupational goals; radicalization fueled by changes in thinking and emotion – including cognitive rigidity, clandestine excitement, contempt, and disgust – regardless of the particular ideology; the failure of sexual pair bonding and the sexualization of violence; the nexus of psychopathology and ideology; greater creativity and innovation than terrorist groups; and predatory violence sanctioned by moral (superego) authority. A concluding psychoanalytic formulation is offered. Copyright © 2014 John Wiley & Sons, Ltd.

  April 02, 2014   doi: 10.1002/bsl.2109   open full text
• Juveniles Who Have Committed Sexual Offenses: A Special Group?
  Amanda M. Fanniff, Eva R. Kimonis.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 01, 2014
  Juveniles who have committed sexual offenses (JSOs) are subject to specialized interventions and public policies based on the assumption that they constitute a unique group distinct from other delinquents. Previous research has demonstrated considerable similarities between these groups, though some consistent differences have been found and some theory‐relevant constructs have been inadequately studied. The current study compares 119 delinquents and 108 JSOs on a number of theory‐relevant constructs. Consistent with theories positing a unique etiology for sexual offending, JSOs reported higher rates of sexual abuse and anxiety as well as fewer consensual sexual partners, less delinquent activity, and lower callous‐unemotional traits; however, there were no differences detected in the majority of characteristics examined (e.g., attachment, sensation‐seeking). Physical and emotional abuse did not predict sex offending after controlling for sexual abuse, but lower callous‐unemotional traits did predict sex offending after controlling for total delinquent behavior. Additional research on constructs little studied in previous research (e.g., sexual history and development, attachment) is needed, but evidence to date suggests considerable overlap between these populations. Perhaps subgroups of JSOs are distinct from generally delinquent youth; however, a focus on offender characteristics or trajectories of behavior problems may prove more fruitful than categorizing youth based on a single behavior. Copyright © 2014 John Wiley & Sons, Ltd.

  April 01, 2014   doi: 10.1002/bsl.2111   open full text
• Assertive Women as Expert Witnesses: A Study of Assertive and Defensive Responses in Male and Female Experts.
  Bridget A. Larson, Stanley L. Brodsky.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 01, 2014
  This investigation of expert witness gender used scenarios addressing threats to the expert, sexuality, parenting by the expert, and lying, and in which intrusive and non‐intrusive gender cross‐examinations were presented to 352 mock jurors. Male and female experts were matched carefully on attractiveness and other social desirability dimensions. In half of the situations the expert witnesses replied with defensive answers, and in the other half, they replied assertively. The assertive responses were found to be significantly more effective on a number of dependent measures, including perceived credibility. In results consistent with other studies, the male experts were evaluated more positively than the female experts. Sexism and other attitudes of the mock jurors were unrelated to credibility and expert gender. The results are discussed in the context of managing aggressive cross‐examinations, role demands for women in the courtroom, and methodological approaches to the study of expert witness gender. Copyright © 2014 John Wiley & Sons, Ltd.

  April 01, 2014   doi: 10.1002/bsl.2116   open full text
• Psychological Vulnerabilities and Propensities for Involvement in Violent Extremism.
  Randy Borum.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 20, 2014
  Research on the psychology of terrorism has argued against the idea that most terrorist behavior is caused by mental illness or by a terrorist personality. This article suggests an alternative line of inquiry – an individual psychology of terrorism that explores how otherwise normal mental states and processes, built on characteristic attitudes, dispositions, inclinations, and intentions, might affect a person's propensity for involvement with violent extremist groups and actions. It uses the concepts of “mindset” – a relatively enduring set of attitudes, dispositions, and inclinations – and worldview as the basis of a psychological “climate,” within which various vulnerabilities and propensities shape ideas and behaviors in ways that can increase the person's risk or likelihood of involvement in violent extremism. Copyright © 2014 John Wiley & Sons, Ltd.

  March 20, 2014   doi: 10.1002/bsl.2110   open full text
• Gender, Smiling, and Witness Credibility in Actual Trials.
  Jacklyn E. Nagle, Stanley L. Brodsky, Kaycee Weeter.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 16, 2014
  It has been acknowledged that females exhibit more smiling behaviors than males, but there has been little attention to this gender difference in the courtroom. Although both male and female witnesses exhibit smiling behaviors, there has been no research examining the subsequent effect of gender and smiling on witness credibility. This study used naturalistic observation to examine smiling behaviors and credibility in actual witnesses testifying in court. Raters assessed the smiling behaviors and credibility (as measured by the Witness Credibility Scale) of 32 male and female witnesses testifying in trials in a mid‐sized Southern city. “Credibility raters” rated the perceived likeability, trustworthiness, confidence, knowledge, and overall credibility of the witnesses using the Witness Credibility Scale. “Smile raters” noted smiling frequency and types, including speaking/expressive and listening/receptive smiles. Gender was found to affect perceived trustworthiness ratings, in which male witnesses were seen as more trustworthy than female witnesses. No significant differences were found in the smiling frequency for male and female witnesses. However, the presence of smiling was found to contribute to perceived likeability of a witness. Smiling female witnesses were found to be more likeable than smiling male and non‐smiling female witnesses. Copyright © 2014 John Wiley & Sons, Ltd.

  March 16, 2014   doi: 10.1002/bsl.2112   open full text
• Women as Expert Witnesses: A Review of the Literature.
  Tess M.S. Neal.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 13, 2014
  This review of women's participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys who select and prepare expert witnesses. Suggestions for men's and women's behavior as expert witnesses are provided. Copyright © 2014 John Wiley & Sons, Ltd.

  March 13, 2014   doi: 10.1002/bsl.2113   open full text
• Omar al‐Hammami: A Case Study in Radicalization.
  Elena Mastors, Rhea Siers.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. March 06, 2014
  This article presents a case study on the radicalization of Omar al‐Hammami, aka Abu Mansoor al‐Amriki, an American who joined al‐Shabaab, a Somali terrorist group. There are a limited number of in‐depth case studies that help to inform the fragmented discussions in the literature about the radicalization process of Islamic terrorists. Hammami received quite a bit of attention from the government and media due to his “homegrown” status, as well as his prolific use of social media to inform the world of his views and exploits. Hammami did not fully commit to the group, his sense of self‐importance taking precedent over the norms of the group. He left al‐Shabaab, was publicly critical of the group, and was ultimately killed by them. Copyright © 2014 John Wiley & Sons, Ltd.

  March 06, 2014   doi: 10.1002/bsl.2108   open full text
• Leveraging the Web as a Platform for Economic Inclusion.
  Jutta Treviranus.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 18, 2014
  In this commentary the author poses the question: can the “curb‐cut” phenomenon (a phenomenon holding that innovations motivated by a desire to address the challenges faced by persons with disabilities benefit the broader majority) be scaled to help address our society's greatest global challenges? The article describes an international initiative that leverages the World Wide Web to address the economic exclusion of people with disabilities and maps out how this may help to address the broader issues of our current markets, education, employment, and financial systems. Copyright © 2014 John Wiley & Sons, Ltd.

  February 18, 2014   doi: 10.1002/bsl.2105   open full text
• Efficacy of Combining Interview Techniques in Detecting Deception Related to Bio‐threat Issues.
  Charles A. Morgan, Yaron Rabinowitz, Robert Leidy, Vladimir Coric.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 18, 2014
  The purpose of this project was to assess the detecting deception efficacy of three well‐validated “detecting deception” methods – i.e., forced choice testing (FCT), modified cognitive interviewing (MCI) and autobiographical implicit association testing (aIAT) – when applied to the issue of bio‐threat. The detecting deception accuracies of FCT and MCI were 81% and 75%, respectively. Although the aIAT mean response times in block 5 differed significantly between deceptive and truthful persons, the classification accuracy was low. FCT alone reduced the group of 64 persons to 11 and detected 50% of the liars; the false positive rate was 9%. MCI alone reduced the group of 64 to 24 and detected 92% of the liars; the false positive rate was 54%. When FCT was paired with MCI, 75% of liars were detected and the false positive rate was 13%. Forced choice testing and MCI show promise as methods for detecting deception related to bio‐threat under low‐base‐rate conditions. These methods took little time, enhanced the odds of detecting deceptive individuals and exhibited high positive likelihood ratios, suggesting that they have merit as screening tools. The aIAT required more time and was less accurate but may still serve as a useful screening tool. Copyright © 2014 John Wiley & Sons, Ltd.

  February 18, 2014   doi: 10.1002/bsl.2098   open full text
• A Revaluation of the Cultural Dimension of Disability Policy in the European Union: The Impact of Digitization and Web Accessibility.
  Delia Ferri, G. Anthony Giannoumis.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 16, 2014
  Reflecting the commitments undertaken by the EU through the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the European Disability Strategy 2010–2020 not only gives a prominent position to accessibility, broadly interpreted, but also suggests an examination of the obligations for access to cultural goods and services. The European Disability Strategy 2010–2020 expressly acknowledges that EU action will support national activities to make sports, leisure, cultural and recreational organizations and activities accessible, and use the possibilities for copyright exceptions in the Directive /29/EC (Infosoc Directive). This article discusses to what extent the EU has realized the principle of accessibility and the right to access cultural goods and services envisaged in the UNCRPD. Previous research has yet to explore how web accessibility and digitization interact with the cultural dimension of disability policy in the European Union. This examination attempts to fill this gap by discussing to what extent the European Union has put this cultural dimension into effect and how web accessibility policies and the digitization of cultural materials influence these efforts. Copyright © 2014 John Wiley & Sons, Ltd.

  February 16, 2014   doi: 10.1002/bsl.2102   open full text
• The Struggle for Web eQuality by Persons with Cognitive Disabilities.
  Peter Blanck.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 10, 2014
  This article is based on the book eQuality: The Struggle for Web Accessibility by Persons with Cognitive Disabilities (2014, Cambridge University Press). It contends that the rights of individuals with cognitive disabilities to equal access to web content are not only protected under law, but may also be implemented and supported by current user‐based, semantic and cloud technologies. Consistent with the Americans with Disabilities Act and the U.N. Convention on the Rights of Persons with Disabilities, web content equality is defined through functional, rather than disability‐specific, approaches and techniques to enable personalization and customized usage across online functions. Legal challenges brought forward by individuals with cognitive and other disabilities illustrate the barriers still faced by individuals with disabilities to web equality as well as some of the solutions to and outcomes of these challenges. In closing, a view for the full and equal enjoyment of web content, which considers technology, financial benefits, and the role of advocacy and regulations, is discussed. Copyright © 2014 John Wiley & Sons, Ltd.

  February 10, 2014   doi: 10.1002/bsl.2101   open full text
• Mired in Miranda Misconceptions: A Study of Legally Involved Juveniles at Different Levels of Psychosocial Maturity.
  Richard Rogers, Jennifer A. Steadham, Chelsea E. Fiduccia, Eric Y. Drogin, Emily V. Robinson.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 09, 2014
  The Supreme Court of the United States has long recognized that the vulnerabilities of juvenile offenders merit special protections due to deficits in experience and maturity. Appellate courts assume that Miranda warnings will inform juvenile suspects of their Miranda rights, and allow them to render knowing and intelligent waivers. This study examines Miranda misconceptions of legally involved juveniles (i.e., juvenile detainees and youth mandated to juvenile justice alternative education) at different levels of psychosocial maturity. These juveniles manifested an unexpectedly large frequency of erroneous Miranda beliefs; each group (low, middle, and high maturity) averaged a dozen or more misconceptions, thus overshadowing substantive differences between maturity groups. However, maturity played an important role in the immediate recall of a Miranda advisement. Alarmingly, both low‐ and middle‐maturity groups displayed less than one‐third immediate recall. The high‐maturity group performed better, but still failed to recall almost half of the Miranda concepts. The overall findings are discussed with respect to juvenile Miranda comprehension and reasoning. Copyright © 2014 John Wiley & Sons, Ltd.

  February 09, 2014   doi: 10.1002/bsl.2099   open full text
• Regulating Web Content: The Nexus of Legislation and Performance Standards in the United Kingdom and Norway.
  G. Anthony Giannoumis.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. February 06, 2014
  Despite different historical traditions, previous research demonstrates a convergence between regulatory approaches in the United Kingdom and Norway. To understand this convergence, this article examines how different policy traditions influence the legal obligations of performance standards regulating web content for use by persons with disabilities. While convergence has led to similar policy approaches, I argue that national policy traditions have an impact on how governments establish legal obligations for standards compliance. The analysis reveals that national policy traditions influenced antidiscrimination legislation and the capacity and authority of regulatory agencies, which impacted the diverging legal obligations of standards in the United Kingdom and Norway. The analysis further suggests that policy actors mediate the reciprocal influence between national policy traditions and regulatory convergence mechanisms. Copyright © 2014 John Wiley & Sons, Ltd.

  February 06, 2014   doi: 10.1002/bsl.2103   open full text
• Violent Female Youth: An Examination of Instrumental Violence, Psychopathy, and Offense Characteristics.
  Erin L. Hutton, Michael Woodworth.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. January 27, 2014
  Female youth are a strikingly under‐studied population within the accumulated forensic literature, yet they represent a significant and growing population within forensic contexts. Despite research demonstrating a relationship between the presence of psychopathic traits and instrumental violence among adult offenders, researchers have only recently begun to examine this relationship among juvenile offenders. Our investigation of this potential relationship among a large sample of female offenders (N = 145) who had committed a violent offense revealed that youths with more psychopathic traits were not significantly more likely to use instrumental violence in the commission of their crimes than those with less psychopathic traits. The findings are discussed in terms of offense severity, and a comprehensive overview of female youths' specific motivations and offense characteristics are provided. Research directions and clinical implications are discussed. Copyright © 2014 John Wiley & Sons, Ltd.

  January 27, 2014   doi: 10.1002/bsl.2100   open full text
• The Impact of DSM‐5's Alternative Model for Personality Disorders on Criminal Defendants.
  Sarah Filone, Heidi Strohmaier, Megan Murphy, David DeMatteo.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. December 19, 2013
  The Diagnostic and Statistical Manual of Mental Disorders (DSM‐5) workgroup on personality disorders initially proposed several revisions to diagnostic criteria and disorder labels, some of which could have had a direct impact on the perception and sentencing of criminal defendants. The recent publication of the DSM‐5 included these revisions in an appendix for future research, indicating that the revised criteria require additional research before implementation. This study examined how the proposed changes, if implemented, might affect jury members’ sentencing recommendations and perceptions of the defendant. Participants read vignettes in which diagnostic label (antisocial personality disorder vs. dyssocial personality disorder vs. psychopathy) and crime type (white collar vs. violent crime) were manipulated. Results suggest that participants perceived white collar offenders more negatively than violent offenders, and were generally more influenced by crime type than diagnosis. The diagnostic label was most influential on recidivism ratings and participants’ perceptions of violent offenders. Copyright © 2013 John Wiley & Sons, Ltd.

  December 19, 2013   doi: 10.1002/bsl.2097   open full text
• Brain Trauma, PET Scans and Forensic Complexity.
  Jane Campbell Moriarty, Daniel D. Langleben, James M. Provenzale.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 16, 2013
  Positron Emission Tomography (PET) is a medical imaging technique that can be used to show brain function. Courts have admitted PET scan evidence in cases involving brain damage, injury, toxic exposure, or illness (“brain trauma”) and to support claims of diminished cognitive abilities and impulse control. Despite the limited data on the relationships between PET, brain trauma and behavior, many courts admit PET scan evidence without much critical analysis. This article examines the use of PET as proof of functional impairment and justification of abnormal behavior by explaining its diagnostic use and limitations, the limited support for claims of its relationship to behavior, and evidentiary considerations that should govern its admission into court as evidence. The authors urge courts to consider PET evidence, claims of experts, and the scope of the proposed testimony with greater deference to the clinical scope of PET, as outlined by the American College of Radiology's appropriateness criteria and the Working Group Report of the American Psychiatric Association. Copyright © 2013 John Wiley & Sons, Ltd.

  October 16, 2013   doi: 10.1002/bsl.2089   open full text
• Concussive Brain Injury in the Military: September 2001 to the Present.
  Bret W. Logan, Sarah Goldman, Marc Zola, Angela Mackey.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 15, 2013
  Since the terrorist attacks of September 11, 2001, 1,348,405 citizens have been deployed to combat in Operation Iraqi Freedom (OIF), Operation New Dawn in Iraq, and Operation Enduring Freedom in Afghanistan (OEF). During this same period 266,810 (20%) of these individuals have been diagnosed with a traumatic brain injury (TBI). The majority of these were Army soldiers, with 155,282 (58%) receiving the diagnosis. Mild TBI comprised 82% of the total, with the remainder being moderate to severe. Over this same period the Department of Defense (DoD) has invested $374.9 million to enhance access and quality of care services, including 57 TBI treatment centers in the combat theater and throughout the U.S. The Army's medical research division, the Medical Research and Material Command (MRMC), has invested an additional $700 million to TBI research during this time. The effort has faced a number of challenges, including limited human subject basic and translational research, limited epidemiological data on combat‐related injuries, limited capacity and standards for data acquisition, and a lack of standardized evidenced‐based protocols for treatment. All these areas have undergone significant growth and development, leading to the comprehensive system of care present today. A further challenge in this patient population has been the clinical co‐morbidity of TBI, post‐traumatic stress disorder, and chronic pain syndrome. The Army and the DoD have created treatment programs that are interdisciplinary in clinical approach, targeting particular neuropsychological domains of dysfunction rather than diagnostic category or etiology of injury. This article presents the history of this effort, the challenges to accurate and adequate diagnosis and care that remain, and the future of brain injury clinical and research efforts in the military. Copyright © 2013 John Wiley & Sons, Ltd.

  October 15, 2013   doi: 10.1002/bsl.2092   open full text
• The Neuroethics and Neurolaw of Brain Injury.
  Neil Krishan Aggarwal, Elizabeth Ford.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 04, 2013
  Neuroethics and neurolaw are fields of study that involve the interface of neuroscience with clinical and legal decision‐making. The past two decades have seen increasing attention being paid to both fields, in large part because of the advances in neuroimaging techniques and improved ability to visualize and measure brain structure and function. Traumatic brain injury (TBI), along with its acute and chronic sequelae, has emerged as a focus of neuroethical issues, such as informed consent for treatment and research, diagnostic and prognostic uncertainties, and the subjectivity of interpretation of data. The law has also more frequently considered TBI in criminal settings for exculpation, mitigation and sentencing purposes and in tort and administrative law for personal injury, disability and worker's compensation cases. This article provides an overview of these topics with an emphasis on the current challenges that the neuroscience of TBI faces in the medicolegal arena. Copyright © 2013 John Wiley & Sons, Ltd.

  October 04, 2013   doi: 10.1002/bsl.2086   open full text
• Can Serial Rapists be Distinguished from One‐off Rapists?
  Chelsea Slater, Jessica Woodhams, Catherine Hamilton‐Giachritsis.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. October 04, 2013
  There are investigative advantages to being able to determine early in a police investigation whether a rape has been committed by a serial or a one‐off rapist. Previous research has found some differences in the crime‐scene behaviors of serial and one‐off rapists; however, this research suffers from the limitation of utilizing a sample of rapes within which there was a mixture of victim–offender relationships. To address this limitation, this study sampled 38 serial (two or more convictions) and 50 one‐off (one conviction) stranger rapists and compared their crime scene behavior across four domains (control, sex, escape and style behaviors). Serial and one‐off rapists differed in some control and sexual behaviors, in particular, in the type of victim targeted, the offense locations, methods of control and the sexual acts forced upon the victim. However, the results did not indicate a striking difference in the offending behavior of the two groups. The implications of these findings for criminal investigations are discussed. Copyright © 2013 John Wiley & Sons, Ltd.

  October 04, 2013   doi: 10.1002/bsl.2096   open full text
• The Effect of Expertise on Memory Conformity: A Test of Informational Influence.
  Paul Williamson, Nathan Weber, Marie‐Therese Robertson.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 30, 2013
  Conforming to erroneous memory reports of co‐witnesses can have serious impacts on subsequent forensic investigation and court reports. One theoretical explanation proposed is that memory conformity arises due to informational influence; the co‐witness desires to give accurate information and reports the co‐witness's version because they perceive the co‐witness as being more credible. We tested the idea that perceptions of credibility drive memory conformity. We manipulated credibility through expertise; specifically, by telling participants that the (confederate) co‐witness had previously worked as either a policeman (high expertise) or an electrician (low expertise). After a discussion with the co‐witness, we assessed cued‐recall memory and perceptions of credibility about the co‐witness and the self. We found that higher expertise led to greater memory conformity. Although higher expertise also led to higher credibility assessments of the co‐witness, this was only for perceptions of the credibility as an eye‐witness and memory confidence, neither of which predicted memory conformity. By contrast, memory accuracy of the co‐witness relative to self‐memory accuracy predicted memory conformity, but this was not affected by expertise. These results show support for an informational influence explanation but suggest that expertise perceptions operate differently from our explanation. Copyright © 2013 John Wiley & Sons, Ltd.

  September 30, 2013   doi: 10.1002/bsl.2094   open full text
• Novel Shifts in Memory Research and their Impact on the Legal Process: Introduction to the Special Issue on Memory Formation and Suggestibility in the Legal Process.
  Henry Otgaar, Melanie Sauerland, John P. Petrila.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 30, 2013
  The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

  September 30, 2013   doi: 10.1002/bsl.2095   open full text
• A Comparison of Insufficient Effort Rates, Neuropsychological Functioning, and Neuropsychiatric Symptom Reporting in Military Veterans and Civilians with Chronic Traumatic Brain Injury.
  Jeffrey D. Gfeller, P. Tyler Roskos.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 30, 2013
  Neuropsychological evaluation of persons with chronic traumatic brain injury (TBI) symptoms is complicated by multiple factors. The authors explored the impact of mechanism of injury, effort testing performance, and neuropsychiatric status in a sample of military veterans (V‐TBI) and civilians (C‐TBI) with chronic TBI. V‐TBI (n = 74), C‐TBI (n = 67), and healthy civilian control (C‐HC) participants (n = 66), completed a battery of neuropsychological, effort, and self‐report neuropsychiatric measures. Results indicated that C‐HC and C‐TBI participants exhibited comparably low failure rates on effort tests (6% and 3%, respectively). V‐TBI participants exhibited significantly higher rates of failure (18%). Subgroups (n = 20) of effort‐screened participants matched for demographics and disability level were compared regarding neuropsychological performance and neuropsychiatric self‐report. Both TBI groups exhibited limited neuropsychological impairment, relative to the C‐HC participants. The V‐TBI group exhibited pronounced neuropsychiatric symptomology compared with the other participant groups. The implications of these findings are discussed for evaluation in the context of disability and litigation. Copyright © 2013 John Wiley & Sons, Ltd.

  September 30, 2013   doi: 10.1002/bsl.2084   open full text
• It's Not All in Your Head (or at Least Your Brain): Association of Traumatic Brain Lesion Presence and Location with Performance on Measures of Response Bias in Forensic Evaluation.
  Willie F. McBride, Adam H. Crighton, Dustin B. Wygant, Robert P. Granacher.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 30, 2013
  This study examined the relationship between lesion presence and localization and performance on measures of cognitive response bias, specifically in individuals purporting to have a traumatic brain injury. Ninety‐two participants, all of whom were involved in workers' compensation or personal injury litigation, were administered an extensive neuropsychological battery, including neuroimaging (magnetic resonance imaging and computed tomography), at a neuropsychiatric clinic in Lexington, KY. Those with evidence of intracranial injury on neuroimaging findings were placed in the head injury lesion litigation group and were coded based on the anatomical location and type of intracranial injury. Results demonstrated no significant relationships between lesion location and performance on performance validity tests (PVTs), as well as the Response Bias Scale of the Minnesota Multiphasic Personality Inventory‐2 Restructured Form. Given the lack of research concerning lesions and performance validity tests, this study addresses important questions about the validity of PVTs as specific measures of response bias in patients who have structural changes secondary to traumatic brain injury. Copyright © 2013 John Wiley & Sons, Ltd.

  September 30, 2013   doi: 10.1002/bsl.2083   open full text
• Neuropsychologist Experts and Neurolaw: Cases, Controversies, and Admissibility Challenges.
  Paul M. Kaufmann.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 19, 2013
  Clinical neuropsychologists engage increasingly in forensic consulting activities because such expert opinions are generally relevant, reliable and helpful in resolving certain legal claims, especially those related to traumatic brain injury. Consequently, practitioners of law, medicine and psychology would benefit from understanding the nature of neuropsychological evidence, the standards for its admissibility, and its expanding role in neurolaw. This article reviews important evidentiary rules regulating relevance, preliminary questions, and expert testimony, while tracing federal key court decisions and progeny. Civil and criminal cases are detailed to illustrate the application of these rules and case law to neuropsychological evidence, with suggestions for overcoming motions to exclude such evidence. Expert neuropsychologists have a role in forensic consultation on brain trauma cases, even as the interdisciplinary dialog and understanding among law, medicine, and psychology continues to expand. Copyright © 2013 John Wiley & Sons, Ltd.

  September 19, 2013   doi: 10.1002/bsl.2085   open full text
• Testing Increases Suggestibility for Narrative‐based Misinformation but Reduces Suggestibility for Question‐based Misinformation.
  Jessica A. LaPaglia, Jason C. K. Chan.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 16, 2013
  A number of recent studies have found that recalling details of an event following its occurrence can increase people's suggestibility to later presented misinformation. However, several other studies have reported the opposite result, whereby earlier retrieval can reduce subsequent eyewitness suggestibility. In the present study, we investigated whether differences in the way misinformation is presented can modulate the effects of testing on suggestibility. Participants watched a video of a robbery and some were questioned about the event immediately afterwards. Later, participants were exposed to misinformation in a narrative (Experiment 1) or in questions (Experiment 2). Consistent with previous studies, we found that testing increased suggestibility when misinformation was presented via a narrative. Remarkably, when misinformation was presented in questions, testing decreased suggestibility. Copyright © 2013 John Wiley & Sons, Ltd.

  September 16, 2013   doi: 10.1002/bsl.2090   open full text
• Neuropsychological Differential Diagnosis of Mild Traumatic Brain Injury.
  Glenn J. Larrabee, Martin L. Rohling.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 16, 2013
  The diagnosis and evaluation of mild traumatic brain injury (mTBI) is reviewed from the perspective of meta‐analyses of neuropsychological outcome, showing full recovery from a single, uncomplicated mTBI by 90 days post‐trauma. Persons with history of complicated mTBI characterized by day‐of‐injury computed tomography or magnetic resonance imaging abnormalities, and those who have suffered prior mTBIs may or may not show evidence of complete recovery similar to that experienced by persons suffering a single, uncomplicated mTBI. Persistent post‐concussion syndrome (PCS) is considered as a somatoform presentation, influenced by the non‐specificity of PCS symptoms which commonly occur in non‐TBI samples and co‐vary as a function of general life stress, and psychological factors including symptom expectation, depression and anxiety. A model is presented for forensic evaluation of the individual mTBI case, which involves open‐ended interview, followed by structured interview, record review, and detailed neuropsychological testing. Differential diagnosis includes consideration of other neurologic and psychiatric disorders, symptom expectation, diagnosis threat, developmental disorders, and malingering. Copyright © 2013 John Wiley & Sons, Ltd.

  September 16, 2013   doi: 10.1002/bsl.2087   open full text
• Effects and Outcomes in Civilian and Military Traumatic Brain Injury: Similarities, Differences, and Forensic Implications.
  Greg J. Lamberty, Nathaniel W. Nelson, Torrii Yamada.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 16, 2013
  Traumatic brain injury (TBI) is a prominent public health problem in both civilian and military settings. This article discusses similarities and differences in the assessment and treatment of TBI and the attendant forensic implications. Acute care and management of moderate/severe TBI tend to be similar across environments, as is the recognition of disability status in affected individuals. By contrast, an increased focus on mild TBI in recent years has resulted in a reliance on self‐report and screening measures to validate the occurrence of events leading to injury. This has complicated assessment, treatment and subsequent medicolegal proceedings. The neuropsychological literature has provided significant guidance on these difficult issues, although the complexity of disability adjudication for active duty members of the military and veterans continues to pose challenges for clinicians in evaluative and treatment contexts. Copyright © 2013 John Wiley & Sons, Ltd.

  September 16, 2013   doi: 10.1002/bsl.2091   open full text
• Adult Eyewitness Memory and Compliance: Effects of Post‐event Misinformation on Memory for a Negative Event.
  Pedro M. Paz‐Alonso, Gail S. Goodman, Izaskun Ibabe.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 11, 2013
  This study investigated effects of misleading post‐event information, delay, and centrality definition on eyewitness memory and suggestibility for a negative event (a vividly filmed murder). Either immediately or 2 weeks after viewing the film, 93 adults read a (misleading or control) narrative about the event and then completed a recognition memory test. Misinformation acceptance was operative, but strong evidence for memory malleability was lacking. Compliance predicted misinformation effects, especially on the delayed test. Although accuracy was generally higher for central than peripheral information, centrality criteria influenced the pattern of results. Self‐report of greater distress was associated with better recognition accuracy. The results suggest that use of different centrality definitions may partly explain inconsistencies across studies of memory and suggestibility for central and peripheral information. Moreover, social factors appeared, at least in part, to influence misinformation effects for the highly negative event, especially as memory faded. Implications for eyewitness memory and suggestibility are discussed. Copyright © 2013 John Wiley & Sons, Ltd.

  September 11, 2013   doi: 10.1002/bsl.2081   open full text
• Traumatic Brain Injury and Chronic Traumatic Encephalopathy: A Forensic Neuropsychiatric Perspective.
  Hal S. Wortzel, Lisa A. Brenner, David B. Arciniegas.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 09, 2013
  Recent scientific reports and popular press describing chronic traumatic encephalopathy (CTE) collectively link this condition to a broad array of neuropsychiatric symptoms, including extremely rare and multi‐determined behaviors such as murder‐suicide. These reports are difficult to reconcile with several decades of research on the science of traumatic brain injury (TBI) and its consequences, especially the natural history and prognosis of mild TBI. This article attempts to reconcile these sources by reviewing the state of the science on CTE, with particular attention to case definitions and neuropathological criteria for this diagnosis. The evidence for links between TBI, CTE, and catastrophic clinical events is explored, and the complexity of attributing rare frequency behavioral events to CTE is highlighted. The clinical and medicolegal implications of the best available evidence are discussed, concluding with a cautionary note against prematurely generalizing current findings on CTE to entire populations of persons with, or at risk for, concussion exposures. Copyright © 2013 John Wiley & Sons, Ltd.

  September 09, 2013   doi: 10.1002/bsl.2079   open full text
• Traumatic Brain Injury: Guidance in a Forensic Context from Outcome, Dose–Response, and Response Bias Research.
  Jerry J. Sweet, Daniel J. Goldman, Leslie M. Guidotti Breting.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 09, 2013
  Traumatic brain injury (TBI) occurs at a high incidence, involving millions of individuals in the U.S. alone. Related to this, there are large numbers of litigants and claimants who are referred annually for forensic evaluation. In formulating opinions regarding claimed injuries, the present review advises experts to rely on two sets of information: TBI outcome and neuropsychological dose–response studies of non‐litigants and non‐claimants, and response bias literature that has demonstrated the relatively high risk of invalid responding among examinees referred within a secondary gain context, which in turn has resulted in the development of specific assessment methods. Regarding prospective methods for detecting possible response bias, both symptom validity tests, for measuring over‐reporting of symptoms on inventories and questionnaires, and performance validity tests, for measuring insufficient effort on ability tests, are considered essential. Copyright © 2013 John Wiley & Sons, Ltd.

  September 09, 2013   doi: 10.1002/bsl.2088   open full text
• Witnesses' Blindness for their Own Facial Recognition Decisions: A Field Study.
  Anna Sagana, Melanie Sauerland, Harald Merckelbach.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 09, 2013
  In a field study, we examined choice blindness for eyewitnesses' facial recognition decisions. Seventy‐one pedestrians were engaged in a conversation by two experimenters who pretended to be tourists in the center of a European city. After a short interval, pedestrians were asked to identify the two experimenters from separate simultaneous six‐person photo lineups. Following each of the two forced‐choice recognition decisions, they were confronted with their selection and asked to motivate their decision. However, for one of the recognition decisions, the chosen lineup member was exchanged with a previously unidentified member. Blindness for this identity manipulation occurred at the rate of 40.8%. Furthermore, the detection rate varied as a function of similarity (high vs. low) between the original choice and the manipulated outcome. Finally, choice manipulations undermined the confidence–accuracy relation for detectors to a greater degree than for blind participants. Stimulus ambiguity is discussed as a moderator of choice blindness. Copyright © 2013 John Wiley & Sons, Ltd.

  September 09, 2013   doi: 10.1002/bsl.2082   open full text
• Expert Testimony on Eyewitness Evidence: In Search of Common Sense.
  Kate A. Houston, Lorraine Hope, Amina Memon, J. Don Read.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. September 03, 2013
  Surveys on knowledge of eyewitness issues typically indicate that legal professionals and jurors alike can be insensitive to factors that are detrimental to eyewitness accuracy. One aim of the current research was to assess the extent to which judges, an under‐represented sample in the extant literature, are aware of factors that may undermine the accuracy and reliability of eyewitness evidence (Study 1). We also sought to assess the knowledge of a jury‐eligible sample of the general public (drawn from the same population as the judges) and compared responses from a multiple choice survey with a scenario‐based, response‐generation survey in order to investigate whether questionnaire format alters the accuracy of responses provided (Study 2). Overall, judges demonstrated a reasonable level of knowledge regarding general eyewitness memory issues. Further, the jury‐eligible general public respondents completing a multiple choice format survey produced more responses consistent with experts than did participants who were required to generate their own responses. The results are discussed in terms of the future training requirements for legal professionals and the ability of jurors to apply the knowledge they have to the legal context. Copyright © 2013 John Wiley & Sons, Ltd.

  September 03, 2013   doi: 10.1002/bsl.2080   open full text
• Transitioning Between Systems of Care: Missed Opportunities for Engaging Adults with Serious Mental Illness and Criminal Justice Involvement.
  Leah Gogel Pope, Thomas E. Smith, Jennifer P. Wisdom, Alison Easter, Michele Pollock.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. August 04, 2013
  Individuals with serious mental illness are overrepresented in the criminal justice system and face difficulties accessing mental health services both during incarceration and upon re‐entry into the community. This study examines how such individuals describe their experiences receiving care both during and after their time in custody and explores the perspectives of mental health service providers who treat this population upon re‐entry. Semi‐structured interviews were conducted with 43 individuals identified as having a history of serious mental illness and criminal justice involvement, as well as with 25 providers who have worked with this population. Clients noted the stress of transitioning to criminal justice settings, the uneven availability of services within jail and prison, and the significant challenges faced upon re‐entry. Providers reported barriers to working with this population, including minimal coordination with the criminal justice system and challenging behaviors and attitudes on the part of both clients and providers. Findings identify potential target areas for improved care coordination as well as for additional provider education regarding the unique needs of this population. Copyright © 2013 John Wiley & Sons, Ltd.

  August 04, 2013   doi: 10.1002/bsl.2074   open full text
• The Role of Culture and Language in Avoiding Misinformation: Pilot Findings.
  Cagla Aydin, Stephen J. Ceci.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 23, 2013
  In two pilot studies, we investigate the possibility that patterns in our linguistic environment affect the likelihood of accepting misinformation. Turkish, which marks its verbs for the source of a speaker's evidence (first‐hand perception vs. hearsay), was contrasted with English which does not mark its verbs but which, to signal strength of evidence, must employ optional lexical marking. In the first pilot study, Turkish adults were shown to be affected by that language's obligatory evidential markings: their free recall for details of the events changed as a function of the type of the tense‐aspect marker in use, and strong evidential markers led to increased levels of suggestibility when employed with misleading questions. In the second pilot study, Turkish‐ and English‐speaking children were shown to be differentially suggestible depending on combinations of evidential markers in the story presented and the evidential marker employed in the misinformation subsequently provided. Together, these two pilot studies show promise in this area of research, which has been ignored by the forensic community and yet would seem to be relevant when interviewing, taking statements, and giving testimony in cross‐linguistic settings. Copyright © 2013 John Wiley & Sons, Ltd.

  July 23, 2013   doi: 10.1002/bsl.2077   open full text
• False Accusations in an Investigative Context: Differences between Suggestible and Non‐suggestible Witnesses.
  Suzanne O. Kaasa, Elizabeth Cauffman, K. Alison Clarke‐Stewart, Elizabeth F. Loftus.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 15, 2013
  False sexual abuse allegations have spurred research on suggestibility, on the assumption that leading questions may produce false accusations. Most researchers, however, have not measured the likelihood that those who respond to suggestive questioning will take the next step and make a formal (false) accusation. The present study incorporates both aspects of abuse investigations: suggestibility (i.e., responsiveness to questions in a leading interview) and false accusations (i.e., signing a formal complaint against an innocent suspect). Participants (N = 129) were observed in a laboratory session and then interviewed twice about their experiences by an interviewer who suggested that the laboratory assistant had behaved inappropriately. Although only 17% of the participants were suggestible, 39% agreed to sign the complaint. Suggestible participants were significantly more likely to make a false accusation than were non‐suggestible participants. However, because of the low rate of suggestibility, most false accusations were made by non‐suggestible participants. Implications for the legal system are discussed. Copyright © 2013 John Wiley & Sons, Ltd.

  July 15, 2013   doi: 10.1002/bsl.2075   open full text
• Positive Consequences of False Memories.
  Mark L. Howe, Sarah R. Garner, Megan Patel.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 11, 2013
  Previous research is replete with examples of the negative consequences of false memories. In the current research, we provide a different perspective on false memories and their development and demonstrate that false memories can have positive consequences. Specifically, we examined the role false memories play in subsequent problem‐solving tasks. Children and adults studied and recalled neutral or survival‐relevant lists of associated words. They then solved age‐normed compound remote associates, some of whose solutions had been primed by false memories created when studying the previous lists. The results showed that regardless of age: (a) survival‐related words were not only better recollected but were also more susceptible than neutral words to false memory illusions; and (b) survival‐related false memories were better than neutral false memories as primes for problem‐solving. These findings are discussed in the context of recent speculation concerning the positive consequences of false memories, and the adaptive nature of reconstructive memory. Copyright © 2013 John Wiley & Sons, Ltd.

  July 11, 2013   doi: 10.1002/bsl.2078   open full text
• Developmental Trends in Different Types of Spontaneous False Memories: Implications for the Legal Field.
  Henry Otgaar, Mark L. Howe, Maarten Peters, Melanie Sauerland, Linsey Raymaekers.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. July 09, 2013
  In an emerging area of memory research, it is becoming apparent that one particular type of false memory, called spontaneous false memory, follows a developmental trajectory that is the opposite of what is commonly assumed in false memory research – that is, spontaneous false memories are more likely to occur in adults than in children. The present study focused on developmental trends of different types of spontaneous false memories. Specifically, in the current study, 6–8 year‐olds, 10–12 year‐olds, and adults were presented with two methods to induce spontaneous false memories: (i) semantically related word lists that are commonly used to evoke spontaneous false memories [i.e, Deese–Roediger–McDermott (DRM) paradigm]; and (ii) a video in which related details were not shown but were presented during a recognition task. The results showed that children were more likely to form false memories than adults in the video false memory paradigm, whereas DRM false memories were more evident in adults than in children. Furthermore, we found that on a general level, DRM false memories were positively related to video spontaneous false memories. We explain that stimuli that contain obvious themes attenuate or even reverse developmental trends in spontaneous false memories. Copyright © 2013 John Wiley & Sons, Ltd.

  July 09, 2013   doi: 10.1002/bsl.2076   open full text
• Jury Panel Member Perceptions of Interpersonal‐Affective Traits of Psychopathy Predict Support for Execution in a Capital Murder Trial Simulation.
  Jennifer Cox, John C. Clark, John F. Edens, Shannon Toney Smith, Melissa S. Magyar.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. June 11, 2013
  Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy – though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases. Copyright © 2013 John Wiley & Sons, Ltd.

  June 11, 2013   doi: 10.1002/bsl.2073   open full text
• Characterization and Prediction of Sexual and Nonsexual Recidivism Among Adjudicated Juvenile Sex Offenders.
  Ashley K. Christiansen, John P. Vincent.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 23, 2013
  Estimating the risk of sexual recidivism for a juvenile sex offender is essential in order to protect public safety by identifying and evaluating high risk adolescents and to ensure the rights and welfare of juvenile offenders who will not likely reoffend. Empirically validated risk assessment methods are needed to aid in the classification and treatment of juvenile sex offenders. The present study utilized a dataset collected by Maricopa County, AZ, and aggregated by the National Juvenile Court Data Archive. The purpose of the study was to evaluate and characterize risk factors for juveniles who have been charged with a sexual offense in order to determine the predictive utility of these factors for subsequent offending, as well as offense trajectory, and to evaluate risk factors for nonsexual offenders who have committed crimes of various severities. The results of the present study show the strongest individual predictors of sexual recidivism to be prior nonsexual offending, prior sexual offending, hands‐off offending, offending against a child, younger school grade/age at time of initial offense, Asian or Hispanic ethnicity, and not attending school. A preliminary screening measure was developed from the seven positive risk factors, and ROC analysis produced an AUC indicating moderate predictive utility in discriminating between juvenile sex offenders who would sexually reoffend and those who would not. Copyright © 2013 John Wiley & Sons, Ltd.

  May 23, 2013   doi: 10.1002/bsl.2070   open full text
• Construct Measurement Quality Improves Predictive Accuracy in Violence Risk Assessment: an Illustration Using the Personality Assessment Inventory.
  Melissa C. Hendry, Kevin S. Douglas, Elizabeth A. Winter, John F. Edens.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 23, 2013
  Much of the risk assessment literature has focused on the predictive validity of risk assessment tools. However, these tools often comprise a list of risk factors that are themselves complex constructs, and focusing on the quality of measurement of individual risk factors may improve the predictive validity of the tools. The present study illustrates this concern using the Antisocial Features and Aggression scales of the Personality Assessment Inventory (Morey, 1991). In a sample of 1,545 prison inmates and offenders undergoing treatment for substance abuse (85% male), we evaluated (a) the factorial validity of the ANT and AGG scales, (b) the utility of original ANT and AGG scales and newly derived ANT and AGG scales for predicting antisocial outcomes (recidivism and institutional infractions), and (c) whether items with a stronger relationship to the underlying constructs (higher factor loadings) were in turn more strongly related to antisocial outcomes. Confirmatory factor analyses (CFAs) indicated that ANT and AGG items were not structured optimally in these data in terms of correspondence to the subscale structure identified in the PAI manual. Exploratory factor analyses were conducted on a random split‐half of the sample to derive optimized alternative factor structures, and cross‐validated in the second split‐half using CFA. Four‐factor models emerged for both the ANT and AGG scales, and, as predicted, the size of item factor loadings was associated with the strength with which items were associated with institutional infractions and community recidivism. This suggests that the quality by which a construct is measured is associated with its predictive strength. Implications for risk assessment are discussed. Copyright © 2013 John Wiley & Sons, Ltd.

  May 23, 2013   doi: 10.1002/bsl.2066   open full text
• Investigating the Effects of Repeated Miranda Warnings: Do They Perform a Curative Function on Common Miranda Misconceptions?
  Richard Rogers, Chelsea E. Fiduccia, Emily V. Robinson, Jennifer A. Steadham, Eric Y. Drogin.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. May 13, 2013
  In Miranda v. Arizona (1966), the Supreme Court of the United States required that custodial suspects be apprised of their Constitutional rights against self‐incrimination. The Court could not have anticipated the rampant popularization of Miranda warnings in subsequent movies and television dramas. Influenced by public media, many arrestees assume that they already “know” their rights, with no awareness of their misconceptions. The current investigation examines whether repeated exposures to Miranda warnings performs any “curative” function (i.e., dispelling common Miranda misconceptions held by pretrial defendants). The accumulative effects of five different Miranda warnings were tested over a several‐hour period on 260 detainees. For the nearly half (113 or 43.5%) with three or more misconceptions, improvement (i.e., ≥2 fewer misconceptions) occurred for only 35 defendants. Predictably, this improved group also tended to display a better understanding of Miranda‐relevant vocabulary words and a better recall of the administered Miranda warnings than their unimproved counterparts. On average, the improved group also performed better on general measures of intelligence, and listening and reading comprehension, while still evidencing substantial cognitive deficits. The curative function of Miranda advisements is considered in light of these findings. Copyright © 2013 John Wiley & Sons, Ltd.

  May 13, 2013   doi: 10.1002/bsl.2071   open full text
• Collecting Informed Consent with Juvenile Justice Populations: Issues and Implications for Research.
  Melinda Wolbransky, Naomi E. S. Goldstein, Christy Giallella, Kirk Heilbrun.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 29, 2013
  Researchers must provide participants with opportunities to make informed decisions about whether to participate in research studies. Investigators conducting research with youth in the juvenile justice system face unique ethical, legal, and practical challenges to obtaining informed consent. Juvenile justice researchers must navigate multiple legal and ethical standards for collecting informed consent, take into account youths’ dual vulnerabilities as children and prisoners, and overcome practical limitations to obtaining parental/guardian permission. Given the challenges and complexity of obtaining standard informed consent of youth in juvenile justice facilities, this paper provides suggestions for overcoming obstacles to recruiting these youth for research participation. It offers guidance for fostering the enrollment of juvenile justice youth in research studies using procedures that comply with ethical and legal standards for research with this dually vulnerable population. Copyright © 2013 John Wiley & Sons, Ltd.

  April 29, 2013   doi: 10.1002/bsl.2068   open full text
• Sexually Violent Predators: Toward Reasonable Estimates of Recidivism Base Rates.
  Daniel J. Neller, Giovanni Petris.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 25, 2013
  The sexual recidivism rate of sex offenders is a controversial issue. Perhaps as controversial is the sexual recidivism rate of the select group of sex offenders who are examined pursuant to sexually violent predator (SVP) statutes. At present, reliable estimates of SVP recidivism are unavailable. We propose that reasonable estimates of SVP recidivism can be reached by considering three available pieces of data: (i) a likely recidivism rate of the general population of sex offenders; (ii) procedures typically followed by jurisdictions that civilly commit sex offenders; and (iii) classification accuracy of procedures. Although sexual recidivism rates vary across jurisdictions, the results of our analyses suggest sex offenders referred for examination pursuant to SVP statutes recidivate at substantially higher rates than typical sex offenders. Our results further suggest that sex offenders recommended for commitment as SVPs recidivate at even greater rates than SVP respondents who are not recommended for commitment. We discuss practice and policy implications of these findings. Copyright © 2013 John Wiley & Sons, Ltd.

  April 25, 2013   doi: 10.1002/bsl.2072   open full text
• Motivational Influences in Persons Found Not Criminally Responsible on Account of Mental Disorder: A Review of Legislation and Research.
  Stephanie R. Penney, Andrew Morgan, Alexander I. F. Simpson.
  Behavioral Sciences & the Law / BEHAVIORAL SCIENCES AND THE LAW. April 23, 2013
  This paper provides a review of the legislative reforms and case law that have impacted the defense of Not Criminally Responsible on Account of Mental Disorder (NCRMD) in Canada over the past three decades. As in other jurisdictions internationally, we observe that legislative reforms of procedural, as opposed to substantive, aspects of the NCRMD defense have impacted the manner in which NCRMD criteria are applied in common practice. More people are being declared NCRMD in recent years, and there is greater heterogeneity in the offending and psychiatric profiles of these individuals, suggesting that NCRMD criteria are being applied more liberally over time. In light of the substantial growth of the forensic mental health system over the past two decades, witnessed both in Canada and abroad, we propose that the study of motivational influences underlying the offending behaviors of persons with serious mental illness (SMI) is necessary to begin disentangling symptom‐based offending from violent and antisocial behaviors that may have other motives. This, in turn, can help to determine legal issues, better define the nature of each person's offending and treatment needs, and provide a more fine‐grained analysis of the drivers behind the growth experienced by the forensic system. Copyright © 2013 John Wiley & Sons, Ltd.

  April 23, 2013   doi: 10.1002/bsl.2067   open full text