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Showing papers in "Behavioral Sciences & The Law in 2003"


Journal ArticleDOI
TL;DR: The child's level of conduct problems, the socioeconomic status of the child's family, and the quality of parenting the child received were the most consistent predictors of stability of psychopathic traits.
Abstract: One significant limitation in research extending the construct of psychopathy to youth has been the absence of longitudinal studies testing the stability of psychopathic traits prior to adulthood. To begin to address this limitation, the current study estimated the stability of psychopathic traits over a 4 year period in a sample of non-referred children in the third, fourth, sixth, and seventh grades at the first assessment. For parent ratings of psychopathic traits, stability estimates using intra-class correlation coefficients ranged from 0.80 to 0.88 across 2-4 years, with a stability estimate of 0.93 across all four assessments. There were also distinct trends in the patterns of stability found in the sample. Specifically, children rated as being initially high on these traits were more likely to be rated lower at later assessments than was the case for children rated initially low on these traits. Finally, the child's level of conduct problems, the socioeconomic status of the child's family, and the quality of parenting the child received were the most consistent predictors of stability of psychopathic traits.

443 citations


Journal ArticleDOI
TL;DR: While there were offenders for whom neither treatment was effective, a majority in both groups decreased jail days and improved psychosocial functioning, with MHTC participants demonstrating greater gains in most areas.
Abstract: Without active engagement, many adults with serious mental illnesses remain untreated in the community and commit criminal offenses, resulting in their placement in the jails rather than mental health facilities. A mental health treatment court (MHTC) with an assertive community treatment (ACT) model of case management was developed through the cooperative efforts of the criminal justice and mental health systems. Participants were 235 adults with a serious mental illness who were booked into the county jail, and who volunteered for the study. An experimental design was used, with participants randomly assigned to MHTC or treatment as usual (TAU), consisting of adversarial criminal processing and less intensive mental health treatment. Results were reported for 6 and 12 month follow-up periods. Clients in both conditions improved in life satisfaction, distress, and independent living, while participants in the MHTC also showed reductions in substance abuse and new criminal activity. Outcomes are interpreted within the context of changes brought about in the community subsequent to implementation of the MHTC.

275 citations


Journal ArticleDOI
TL;DR: This study of 160 serious adolescent offenders compared two alternative, adult-based conceptualizations of juvenile psychopathy: that of the Psychopathy Checklist: Youth Version (PCL:YV) and the self-report Youth Psychopathic traits Inventory (YPI), indicating that these two conceptualizations overlap only partially.
Abstract: Increasing interest in "juvenile psychopathy" has been met with scholarly debate about the validity of directly extending the adult construct of psychopathic personality disorder to youth. To inform this debate, this study of 160 serious adolescent offenders compared two alternative, adult-based conceptualizations of juvenile psychopathy: that of the Psychopathy Checklist: Youth Version (PCL:YV) and the self-report Youth Psychopathic traits Inventory (YPI). The results indicate that these two conceptualizations overlap only partially, with the YPI focusing more tightly on core interpersonal and affective features than the PCL:YV. Each conceptualization is reliable and predicts different forms of short-term institutional misbehavior. However, only the YPI possesses a theoretically coherent, inverse association with anxiety. Despite this promise, these conceptualizations of psychopathy are less strongly associated with one another than they are with psychosocial markers of developmental maturity. This raises questions about their divergent validity and ability to identify a disorder that will remain stable during the transition from adolescence into adulthood. Implications for future longitudinal research on the validity, manifestations, and course of juvenile psychopathy are discussed.

258 citations


Journal ArticleDOI
TL;DR: Crime scene data from 112 rapes were analyzed to provide empirical support for a composite model of rape consisting of four behavioral themes as different expressions of various intensities of violation and suggest that stranger rapes may be less about power and control than about hostility and pseudo-intimacy.
Abstract: It is hypothesized that stranger rape victim statements will reveal a scale of violation experienced by the victim, ranging from personal violation, through to physical violation, and finally, at the most extreme level, sexual violation. It is also hypothesized that offences can be differentiated in terms of one of four themes: hostile, controlling, stealing, or involving. To test these hypotheses, crime scene data from 112 rapes were analyzed by the multi-dimensional scaling procedure Smallest Space Analysis. The results provide empirical support for a composite model of rape consisting of four behavioral themes as different expressions of various intensities of violation. The results also suggest that stranger rapes may be less about power and control than about hostility and pseudo-intimacy. The proposed model has implications for the classification of rape, the investigation of sexual crimes, and the treatment of victims. Copyright © 2003 John Wiley & Sons, Ltd.

177 citations


Journal ArticleDOI
TL;DR: The reliability and predictive validity of two experimental self-report versions of two measures of psychopathic features in youth, the Antisocial Process Screening Device and a modified version of the Child Psychopathy Scale, signal the potential of such measures to inform clinical judgments regarding treatment compliance and risk with justice-involved youth.
Abstract: The reliability and predictive validity of two experimental self-report versions of two measures of psychopathic features in youth, the Antisocial Process Screening Device (APSD: Frick & Hare, 2001) and a modified version of the Child Psychopathy Scale (CPS: Lynam, 1997) were examined in a sample of 69 arrested youth (M age = 14.4 years) referred to a juvenile diversion program. Parents or legal guardians completed parent-rating versions of the same measures. Reliability indicators for the APSD total measure were satisfactory although internal consistency indices (coefficient alpha) for the Callous/Unemotional and Impulsive/Conduct Problems scales were slightly lower than desirable. Reliability indicators for the CPS were excellent after deleting items that had poor corrected item-to-CPS total score correlations. Positive and statistically significant correlations for all measures were obtained with prospective measures of program failure (range 0.22-0.36) and rearrest at 1 year follow-up (range 0.33-0.56). Although further research is needed prior to the clinical use of these measures, these results signal the potential of such measures to inform clinical judgments regarding treatment compliance and risk with justice-involved youth.

154 citations


Journal ArticleDOI
TL;DR: It is suggested that mandated treatment may serve as a barrier to treatment, but that ongoing informal pressures to adhere to treatment may also be important barriers to treatment.
Abstract: Mental health consumer advocates have long argued that involuntary treatment frightens persons with mental disorder and thus deters them from voluntarily seeking help. We surveyed 85 mental health professionals and 104 individuals with schizophrenia spectrum conditions to assess their experience with and perceptions of involuntary treatment and other treatment mandates. Of the clinicians, 78% reported that overall they thought legal pressures made their patients with schizophrenia more likely to stay in treatment. Regarding involuntary outpatient commitment, 81% of clinicians disagreed with the premise that mandated community treatment deters persons with schizophrenia from seeking voluntary treatment in the future. Of the consumer sample, 63% reported a lifetime history of involuntary hospitalization, while 36% reported fear of coerced treatment as a barrier to seeking help for a mental health problem-termed here "mandated treatment-related barriers to care." In bivariate analyses, reluctance to seek outpatient treatment associated with fear of coerced treatment (mandated treatment-related barriers to care) was significantly more likely in subjects with a lifetime history of involuntary hospitalization, criminal court mandates to seek treatment, and representative payeeship. However, experience with involuntary outpatient commitment was not associated with barriers to seeking treatment. Recent reminders or warnings about potential consequences of treatment nonadherence, recent hospitalization, and high levels of perceived coercion generally were also associated with mandated treatment-related barriers to care. In multivariable analyses, only involuntary hospitalization and recent warnings about treatment nonadherence were found to be significantly associated with these barriers. These results suggest that mandated treatment may serve as a barrier to treatment, but that ongoing informal pressures to adhere to treatment may also be important barriers to treatment.

150 citations


Journal ArticleDOI
TL;DR: The findings suggest that, among men with schizophrenia being treated in the community, the presence of severe psychotic symptoms and the development of TCO symptoms are antecedents of aggressive behavior.
Abstract: The association between psychotic symptoms and violence is unclear, due in part to methodological features of investigations that have examined this question, and in part to the fact that the association likely differs by disorder and treatment conditions. Using data from The Comparative Study of the Prevention of Crime and Violence by Mentally Ill Persons, we examined 128 men with schizophrenia or schizoaffective disorder discharged from general and forensic psychiatric hospitals in Canada, Finland, Germany, and Sweden. The association between symptoms and aggressive behavior was studied during two 6 month periods when the patients lived in the community. Severe positive and negative symptoms of psychosis, depression, and anxiety were measured at the beginning of each of the 6 month periods. In addition, at the beginning of the second 6 month period changes in symptoms in the previous period were indexed. Aggressive behavior was measured in each 6 month period by reports from patients and from collaterals. During the first 6 months post-discharge, after controlling for the presence of antisocial personality disorder or PCL score and past diagnoses of alcohol/drug abuse/dependence, the presence of a severe positive symptom significantly increased the risk of aggressive behavior. During the second 6 month period, after controlling for antisocial personality disorder or PCL score and self-reported alcohol/drug use, the presence of a severe positive symptom, a TCO symptom, and an increase in TCO symptoms significantly increased the risk of aggressive behavior. Neither depot medications nor obligatory community treatment reduced the risk of aggressive behavior after controlling for the presence of a severe positive symptom and/or TCO symptoms. These findings suggest that, among men with schizophrenia being treated in the community, the presence of severe psychotic symptoms and the development of TCO symptoms are antecedents of aggressive behavior.

142 citations


Journal ArticleDOI
TL;DR: It is concluded that pending further evaluation in which these assessment measures are directly compared, the cost-effectiveness of the LCSF makes it an attractive alternative to the PCL-R in situations where risk of future offender disciplinary maladjustment or recidivism is of principal concern.
Abstract: Studies that have used either the Psychopathy Checklist—Revised (PCL-R) or the Lifestyle Criminality Screening Form (LCSF) to predict criminal justice outcomes (disciplinary adjustment and recidivism) were subjected to meta-analysis and compared. Analogous results were obtained with the PCL-R and LCSF even though the PCL-R takes 2–3 hours and the LCSF 10 minutes to complete. It is concluded that pending further evaluation in which these assessment measures are directly compared, the cost-effectiveness of the LCSF makes it an attractive alternative to the PCL-R in situations where risk of future offender disciplinary maladjustment or recidivism is of principal concern. Copyright © 2003 John Wiley & Sons, Ltd.

136 citations


Journal ArticleDOI
TL;DR: Findings rebut the proposal that disruptive behavioral and impulsive symptoms can identify "fledgling psychopaths" and suggest assessments that disregard callous-unemotional traits will likely result in high false positive rates among serious adolescent offenders.
Abstract: Etiological models of life-course persistent offending often emphasize behavioral explanations. Suggestions that persistent offenders have psychopathy ignore the distinct non-behavioral features of the psychopathy disorder. Using a three-factor model of the PCL-YV and cluster analysis with 259 incarcerated adolescents, we identified four distinct juvenile subtypes on the basis of affective, interpersonal, and behavioral dimensions. Prospective and retrospective comparisons of antisocial behavior patterns found the cluster comprising all three psychopathy dimensions to be the most chronic and severe. Impulsive features alone were strongly associated with severe antisocial behaviors retrospectively, but not prospectively. Findings rebut the proposal that disruptive behavioral and impulsive symptoms can identify “fledgling psychopaths.” Assessments that disregard callous–unemotional traits will likely result in high false positive rates among serious adolescent offenders. Implications for developmental models of chronic offending are discussed in light of the need for further follow-up into adulthood. Copyright © 2003 John Wiley & Sons, Ltd.

135 citations


Journal ArticleDOI
TL;DR: This work demonstrates the reliable and systematic use of people's concept of intentionality, contrast it with the bewildering variety of related legal concepts, and applies the folk model of intendality to debated distinctions between intention and intentionality and desire and intention, and belief and intention.
Abstract: Concepts such as intention, motive, or forethought have generated a great deal of doubt, dispute, and confusion in legal decision making. Here we argue for an empirically based strategy of defining and using such mens rea concepts. Instead of the standard approach of settling these concepts by theoretical argument and the debaters' own intuitions, we rely on social psychological research to determine the meaning and significance of folk concepts concerning mens rea. We demonstrate the reliable and systematic use of people's concept of intentionality, contrast it with the bewildering variety of related legal concepts, and apply the folk model of intentionality to debated distinctions between intention and intentionality, desire and intention, and belief and intention. This folk-conceptual approach promises clarity of mens rea concepts and a reconciliation of the legal and layperson's view of human behavior. Copyright © 2003 John Wiley & Sons, Ltd.

125 citations


Journal ArticleDOI
TL;DR: There were considerable differences between POs in specialty and traditional agencies in the nature, range, and timing of strategies applied to monitor and enforce treatment compliance and the quality of PO-probationer relationships colored POs' use of these strategies and was perceived as central to probationer outcomes.
Abstract: Despite the prevalence of mentally ill probationers, and probation officers' (POs') central role in their supervision, this is the first reported study to investigate how POs implement mandates to participate in psychiatric treatment. Five focus groups were conducted in major cities with 32 POs and 20 probationers representing a mix of traditional and "specialty" probation agencies. Three key findings resulted. First, there were considerable differences between POs in specialty and traditional agencies in the nature, range, and timing of strategies applied to monitor and enforce treatment compliance. Second, the quality of PO-probationer relationships colored POs' use of these strategies and was perceived as central to probationer outcomes. Relationships characterized by a respectful, personal, approach were perceived as more effective in achieving desired outcomes than those that were more authoritarian. Third, specialty agencies strongly emphasized offender rehabilitation whereas traditional agencies focused more exclusively on community safety. These agencies differed in how well probationers with mental illness "fit" their standard operating procedure. Implications for future research and directions for probation practice are discussed.

Journal ArticleDOI
TL;DR: Examining offending careers during incarceration in inmates from the southwestern United States found prior criminality was the best predictor of prison offending, which is supportive of the importation model.
Abstract: In the criminal career literature, prison is usually viewed as an interruption of offending. Little research has applied the criminal career perspective to misconduct committed by prisoners. The current study used official data from a probability sample of 1,005 inmates from the southwestern United States to examine offending careers during incarceration. Descriptive and negative binomial regression analyses produced findings that suggest both similarities and dissimilarities between conventional and prison criminal careers. The incidence and prevalence of crime were inversely related to its seriousness but the magnitude of crime was higher in prison. One-third of inmates were never contacted for a prison violation and 74% were never contacted for a serious/violent violation. On the other hand, 40% of inmates were chronic or extreme career offenders even while incarcerated. A small cadre of inmates accounted for 100% of the murders, 75% of the rapes, 80% of the arsons, and 50% of the aggravated assaults occurring behind bars. Finally, prior criminality was the best predictor of prison offending, which is supportive of the importation model. While a significant number of inmates fully comply with prison rules, an even larger percentage of inmates continue to commit an array of crimes and rule violations despite the efforts of prison officials. Copyright © 2003 John Wiley & Sons, Ltd.

Journal ArticleDOI
TL;DR: Women were more likely than men to believe the victim and to recommend criminal justice system interventions, and domestic abuse perpetrated against women was perceived to be more serious and in need of intervention than abuse against men.
Abstract: Although it is estimated that domestic abuse is as common in gay male and lesbian intimate relationships as in heterosexual relationships, the legal system often fails to recognize or respond to same-gender cases. Empirical research examining the impact of sexual orientation on perceptions of abuse is virtually nonexistent. Undergraduates (N = 252) read a summary of a domestic abuse incident in which victims and perpetrators varied by gender and, by implication, sexual orientation. Victim and respondent gender, rather than the couple's sexual orientation, primarily affected responses to domestic abuse. Domestic abuse perpetrated against women was perceived to be more serious and in need of intervention than abuse against men. Women were more likely than men to believe the victim and to recommend criminal justice system interventions. Because they are inconsistent with gender role stereotypes, domestic abuse cases involving male victims or female perpetrators may not receive equitable treatment within the criminal justice system.

Journal ArticleDOI
TL;DR: Involuntary outpatient commitment, when sustained over time, indirectly exerts a positive effect on subjective quality of life for persons with SMI, at least in part by improving treatment adherence and lowering symptomatology.
Abstract: Recent evidence suggests that involuntary outpatient commitment (OPC), when appropriately applied, can improve adherence with psychiatric treatment, decrease hospital recidivism and arrests, and lower the risk of violent behavior in persons with severe mental illness. Presumably these are benefits that improve quality of life (QOL); however, insofar as OPC involves legal coercion, the undesirable aspects of OPC could also exert a negative effect on quality of life, thus offsetting clinical benefits. Involuntarily hospitalized subjects, awaiting discharge under outpatient commitment, were randomly assigned to be released or continue under outpatient commitment in the community after hospital discharge, and were followed for one year. Quality of life was measured at baseline and 12 months follow-up. Treatment characteristics and clinical outcomes were also measured. Subjects who underwent longer periods of outpatient commitment had significantly greater quality of life as measured at the end of the 1 year study. Multivariable analysis showed that the effect of OPC on QOL was mediated by greater treatment adherence and lower symptom scores. However, perceived coercion moderated the effect of OPC on QOL. Involuntary outpatient commitment, when sustained over time, indirectly exerts a positive effect on subjective quality of life for persons with SMI, at least in part by improving treatment adherence and lowering symptomatology.

Journal ArticleDOI
TL;DR: It appears the Antisocial Process Screening Device did not assess psychopathy in a manner parallel to that of the PCL:YV, and there appears to be a method effect in the measurement of psychopathy.
Abstract: There is a growing interest in the assessment of adolescent psychopathy to enable early treatment and intervention. Recently, a self-report measure has been developed to assess psychopathic traits in adolescents. The Antisocial Process Screening Device (APSD), a self-report measure of psychopathic traits, and the Psychopathy Checklist: Youth Version (PCL:YV), a clinical rating scale, were administered to a sample of 100 incarcerated male adolescent offenders to assess the concurrent validity of the APSD. Results indicated that the APSD had limited concurrent validity with respect to the PCL:YV and that there appears to be a method effect in the measurement of psychopathy. Thus, it appears the APSD did not assess psychopathy in a manner parallel to that of the PCL:YV.

Journal ArticleDOI
TL;DR: Those who read a scenario in which the defendant had been described at trial as exhibiting psychopathic traits were significantly more likely to support a death sentence and less likely to believe he should receive any treatment in prison.
Abstract: The current study manipulated the presence/:absence of psychopathic traits and the ethnicity (Black/:White) of a juvenile capital murderer to examine their impact on layperson attitudes regarding what types of legal sanction were appropriate. Participants (N=360) reviewed a newspaper article concerning a death row inmate who was appealing his sentence primarily based on the fact that he committed the crime when he was 16 years of age. Compared to those in the control condition, those who read a scenario in which the defendant had been described at trial as exhibiting psychopathic traits (e.g. remorselessness, pathological lying) were significantly more likely to support a death sentence and less likely to believe he should receive any treatment in prison. Moreover, participant ratings of the extent to which they believed the defendant exhibited prototypically psychopathic traits (regardless of whether they were in the psychopathy or control condition) also significantly predicted these criterion measures. Ethnic status was relatively less influential, although participants were somewhat more punitive towards a Black defendant than a White defendant when considering the relevance of possible mitigating factors (e.g. history of sexual abuse).

Journal ArticleDOI
TL;DR: The investigation examines 200 CIL Internet sites across the United States during the period of April to August 2001 and examines the technological accessibility of their web sites.
Abstract: The Internet provides individuals with disabilities numerous tools to live independently. In the convenience of the home, a person can access an abundance of information, an electronic community, updates on the latest disability advocacy news, education through distance-learning classes, and on-line shopping for books, clothes, assistive technology, and a host of other consumer goods. Centers for Independent Living (CILs) are consumer-run, non-profit grassroots disability service organizations at the forefront of the disability rights movement. Providing services to individuals across the range of disabilities, CILs have begun to use the Internet as a complement to their traditional service delivery methods. This article examines the emerging trend of independent living services on the web. The investigation examines 200 CIL Internet sites across the United States during the period of April to August 2001. Information is collected and analyzed about how CILs are using the Internet to provide their services and programs. In addition, the article examines the technological accessibility of their web sites. Implications of the findings for CILs, consumers with disabilities, and disability policy are examined.

Journal ArticleDOI
TL;DR: Results indicated that Miranda competence and adjudicative competence are indeed strongly related, especially for juveniles, and age and suggestibility were found to predict Miranda competence, whereas suggestibility and average school grades predicted competence to stand trial.
Abstract: There are several different types of legal competence, such as competence to waive Miranda rights, competence to confess, and competence to stand trial. Although it can be surmised that many of the underlying factors that influence the different legal competencies are similar, little research has been conducted to empirically test this hypothesis. In the present study, juveniles' and young adults' understanding and appreciation of their Miranda rights and their ability to stand trial were measured. Age, suggestibility, average grades in school, and frequency of previous police involvement were also examined as possible factors that influence both types of legal knowledge. Results indicated that Miranda competence and adjudicative competence are indeed strongly related, especially for juveniles. Also, age and suggestibility were found to predict Miranda competence, whereas suggestibility and average school grades predicted competence to stand trial. Patterns of findings often diverged for juveniles and young adults. Implications for legal policy are discussed.

Journal ArticleDOI
TL;DR: Whether the construct of psychopathy can validly and should be applied to youth is a matter of considerable debate and the ‘‘gold standard’’ measure of adult psychopathy has been extended downward to youth in an effort to assess the same malignant constellation of interpersonal, affective, and lifestyle traits.
Abstract: The topic of ‘‘juvenile psychopathy’’ has exploded as a matter of interest in recent years, driven by overlapping theoretical and practical concerns. A growing body of literature reveals limitations in the current diagnostic system’s chief reliance on the single diagnosis of conduct disorder to identify youth with socially deviant behavior. Available evidence suggests that conduct disorder is a heterogeneous category, both phenotypically and etiologically (see, e.g., Frick, 1998). Moreover, conduct disorder as a diagnostic classification has little utility for identifying the small group of youth involved in a grossly disproportionate amount of crime during adolescence and adulthood (Loeber & Farrington, 2000; Moffit & Caspi, 2001). These theoretical developments have been accompanied by growing practical demand for tools that will identify this group of persistently violent youthful offenders. These are precisely the youth for whom increasingly punitive sanctions, ranging from transfer to the adult system to the death penalty, have been legislated (see Edens, Skeem, Cruise, & Cauffman, 2001; Seagrave & Grisso, 2002). Several scholars have argued that a select group of youth with serious conduct problems will mature into adults with psychopathic personality disorder (Frick, 1998; Lynam, 1996; Skilling, Harris, Rice, & Quinsey, 2002). As is the case with adults (Skeem, Poythress, Edens, Lilienfeld, & Cale, 2003), traits of emotional detachment may disaggregate the behavior-based category of conduct disorder into more useful variants (Frick & Ellis, 1999). To investigate such hypotheses, the ‘‘gold standard’’ measure of adult psychopathy (Hare, 2003) has been extended downward to youth in an effort to assess the same malignant constellation of interpersonal, affective, and lifestyle traits. This downward extension makes intuitive sense, given behavioral similarities between chronically violent youth and psychopathic adults. However, whether the construct of psychopathy can validly and should be applied to youth is a matter of considerable debate. Underlying this threshold question are empirical, policy, and ethical issues that have only been joined in the last few years. Contextually, three issues seem paramount: (i) the validity of applying psychopathy to youth, (ii) the meaning and malleability of psychopathy in youth, and (iii) the ethical and moral appropriateness of assessing psychopathy in youth.

Journal ArticleDOI
TL;DR: The authors conclude that the most promising approach to researching the nature of behavioral intention and motivation is to apply a discipline neutral model that integrates the data from multiple disciplines, collectively designated the cognitive neurosciences.
Abstract: Science can provide more information about the nature of aggressive acts, and therefore the mens rea of criminal offenses, than is commonly assumed. For example, progress has been made in classifying aggression as impulsive or premeditated within the context of the role of conscious experience in controlling behavior. This review of the status of the scientific ability to distinguish conscious from unconscious acts and more specifically impulsive from premeditated aggressive acts is organized around four themes: (i) How is aggression defined and measured in general? (ii) How does the distinction between impulsive and premeditated aggression relate to the legal concept of mens rea? (iii) How do various scientific disciplines contribute to the mind/body discourse? (iv) What risk factors are associated with impulsive and premeditated aggression respectively? The authors conclude that the most promising approach to researching the nature of behavioral intention and motivation is to apply a discipline neutral model that integrates the data from multiple disciplines, collectively designated the cognitive neurosciences.

Journal ArticleDOI
TL;DR: The hypothesis that a defendant described as a " high risk psychopath" by the prosecution would be judged more severely than a defendant judged as "high risk" based on other evaluation procedures was supported, but only among female jurors.
Abstract: Despite widespread use of mental health testimony in cases where violence risk is at issue, relatively little is known about the impact of such information on juror decision-making. This study addressed the effects of testimony based on three types of risk assessment instrument or method (clinical opinion, actuarial assessment, and ratings of psychopathy) to examine whether they would have differential impact on jurors' perceptions of the defendant. In a mock sexually violent predator civil commitment trial, 172 undergraduates were presented a case summary that included prosecution and defense expert testimony related to violence risk based on one of the three methods noted above. Consistent with earlier research, the hypothesis that a defendant described as a “high risk psychopath” by the prosecution would be judged more severely than a defendant judged as “high risk” based on other evaluation procedures was supported, but only among female jurors. Unlike prior studies, little support was found for the hypothesis that clinical opinion testimony would be more influential than actuarially based testimony for either gender. Mechanisms that may underlie the observed gender differences are discussed, as are the potential implications of these findings for civil commitment proceedings. Copyright © 2003 John Wiley & Sons, Ltd.

Journal ArticleDOI
TL;DR: This article summarizes the reasons why housing for people with mental illnesses should be provided free of the use of coercion.
Abstract: Many housing programs for people with mental illnesses rely on models that require the person to adhere to treatment as a condition of continuing access to housing. These models that ‘bundle’ housing and treatment are relics of a past in which persons with mental illnesses were afforded little real choice in treatment, housing and other social supports. Conditioning access to housing in this manner is coercive and at odds with current thinking regarding treatment, as well as legal principles that shape the environment in which treatment is provided. This article summarizes the reasons why housing for people with mental illnesses should be provided free of the use of coercion. Copyright © 2003 John Wiley & Sons, Ltd.

Journal ArticleDOI
TL;DR: In this paper, the authors reviewed and evaluated publications during 2001-2010 with relevance for assessments of competence to stand trial, referred to in this article as adjudicative competence, focusing specifically on articles that provide new concepts or data supported by research or case analyses.
Abstract: This article reviews and evaluates publications during 2001-2010 with relevance for assessments of competence to stand trial, referred to in this article as adjudicative competence. The review focuses specifically on articles that provide new concepts or data supported by research or case analyses. The studies are reviewed under the following headings: (i) systemic issues, (ii) conceptual guidelines for AC evaluations, (iii) AC assessment methods, (iv) empirical correlates of AC judgments and psycholegal abilities, (v) quality of AC evaluations and reports, (vi) interpretive issues, (vii) special populations (defendants who are elderly, defendants with intellectual disabilities), (viii) AC evaluations of juveniles, and (ix) treatment of incompetent defendants. Suggestions are offered for further research to advance the quality of clinical evaluations of adjudicative competence.

Journal ArticleDOI
TL;DR: An appreciation of the history of prisoner research and an awareness of current standards is critical to conducting ethical prison research, and a single, national, independent regulatory body is argued for.
Abstract: Biobehavioral research, especially that which is conducted with prisoners, has become much more closely regulated in the last 30 years. State and federal law, as well as professional standards, regulate the conduct of many types of research; in the case of prisoners, this regulation is even more stringent. However, currently no mandatory, uniform, national regulatory or oversight process exists, and many privately funded research endeavors are operating in a regulatory void. In response to this, the National Bioethics Advisory Commission has argued for the creation of a single, national, independent regulatory body to oversee all human participant research, regardless of funding source. As ethicolegal research standards evolve alongside advances in science and technology, an appreciation of the history of prisoner research and an awareness of current standards is critical to conducting ethical prison research.

Journal ArticleDOI
TL;DR: Whether and under what conditions defendant's age affects jurors' decisions about the guilt and sentencing of an accused and age tended to be used as a mitigating factor in favor of youth rather than against them is examined.
Abstract: With the progression to more adult-like policies and procedures for youth in the justice system, the right to a jury trial has been extended to young offenders. These youth would not be tried by a jury of their peers, however, but by a jury of adults. The concern is that adult jurors may hold negative attitudes about youth that might influence their decision making in a case involving a young defendant. Two studies examined whether and under what conditions defendant's age affects jurors' decisions about the guilt and sentencing of an accused. In study 1, data were gathered from two samples of jury eligible adults: one university sample and one public sample. Mock jurors read written transcripts of a trial involving a defendant who was presented as either 13, 17, or 25 years of age. Results indicated that the defendant's age had no effect on mock jurors' verdict or their ratings of defendant guilt. However, younger defendants were granted shorter sentences than the adult defendants. In study 2, mock jurors read the same trial presented in study 1 but were asked to deliberate about the case and render group verdicts. These group verdicts did not differ significantly by defendant's age. Age-related themes that emerged from group deliberations were identified, and results indicated that age tended to be used as a mitigating factor in favor of youth rather than against them. These findings are discussed in terms of their implications for youth justice policy and practice. Copyright © 2003 John Wiley & Sons, Ltd.

Journal ArticleDOI
TL;DR: It is argued that outpatient treatment for defendants who do not require hospitalization on clinical or public safety grounds should be available, on both clinical and legal grounds, and provides recommendations for establishing such programs in the community.
Abstract: The clinical and legal literature abounds with articles dealing with competence to stand trial; while most agree that criminal defendants must be capable of defending themselves before the state can bring them to trial, a number of articles are quite critical of the procedures by which these concepts are operationalized, some even going so far as to suggest abolishing the requirement for competence altogether. One of the major problems leading to the criticisms is the unnecessary loss of liberty involved. Although the length of incarceration has decreased significantly since the 1970s, the majority of states still permit, or require, hospitalization for evaluation of competence, and even more so for treatment to restore competence. The author reviews case law and presents data from his survey of current state statutes and responses from state forensic mental health program directors, to demonstrate the rarity of outpatient treatment to restore competence. He argues that outpatient treatment for defendants who do not require hospitalization on clinical or public safety grounds should be available, on both clinical and legal grounds, and provides recommendations for establishing such programs in the community.

Journal ArticleDOI
TL;DR: Adjusted actuarial assessment cannot remedy the problems created by the sensitivity-specificity tradeoff, and civil proceedings for previously convicted sexual offenders rely on assessments of very limited accuracy.
Abstract: When assessing the recidivism risk of previously convicted sex offenders, the relevant ethical standards and practice guidelines obligate psychologists to acknowledge numerous limits related to their data and conclusions. For the actuarial instruments used in these assessments, the highest rates of classification accuracy are associated with greater specificity compared with sensitivity. Selecting cut-off scores to maximize sensitivity results in an inordinate frequency of false positive classifications. Attempts at maximizing specificity create an undesirable frequency of false negative classifications. Unfortunately, adjusted actuarial assessment cannot remedy these problems created by the sensitivity–specificity tradeoff. As an unstandardized procedure, the accuracy of adjusted actuarial assessment is severely limited. Consequently, civil proceedings for previously convicted sexual offenders rely on assessments of very limited accuracy. Undertaking these assessments, therefore, may be inconsistent with relevant ethical standards and practice guidelines. Copyright © 2003 John Wiley & Sons, Ltd.

Journal ArticleDOI
TL;DR: Findings show that although many web pages examined included information in accessible formats, none of the home pages met World Wide Web Consortium (W3C) standards for accessibility, and the most frequent accessibility problem was lack of alternative text for graphics.
Abstract: The Americans with Disabilities Act (ADA), and Sections 504 and 508 of the Rehabilitation Act, prohibit discrimination against people with disabilities in all aspects of daily life, including education, work, and access to places of public accommodations. Increasingly, these antidiscrimination laws are used by persons with disabilities to ensure equal access to e-commerce, and to private and public Internet websites. To help assess the impact of the anti-discrimination mandate for educational communities, this study examined 157 website home pages of Iowa public high schools (52% of high schools in Iowa) in terms of their electronic accessibility for persons with disabilities. We predicted that accessibility problems would limit students and others in obtaining information from the web pages as well as limiting ability to navigate to other web pages. Findings show that although many web pages examined included information in accessible formats, none of the home pages met World Wide Web Consortium (W3C) standards for accessibility. The most frequent accessibility problem was lack of alternative text (ALT tags) for graphics. Technical sophistication built into pages was found to reduce accessibility. Implications are discussed for schools and educational institutions, and for laws, policies, and procedures on website accessibility.

Journal ArticleDOI
TL;DR: The results suggest that juvenile justice personnel focus on a wide range of behavioral indicators as indicative of adolescent psychopathy in addition to affective and interpersonal characteristics typically viewed as crucial to the construct by clinicians.
Abstract: The past ten years have seen a dramatic increase in the empirical investigation of psychopathic characteristics in children and adolescents. In general, the focus of this research has been on the validation of assessment instruments to evaluate psychopathy as well as concurrent and predictive validity. Little attention has been directed toward elucidating the core characteristics of this construct. The current study expands on previous research by asking juvenile justice personnel (424 juvenile detention and probation officers) to identify the core characteristics of the construct via prototypical analysis for both male and female adolescents. Results of separate factor analyses by gender revealed five identifiable dimensions: juvenile delinquency, serious/violent conduct problems, narcissistic/manipulation of others, impulsivity/acting out, and family problems. The results suggest that juvenile justice personnel focus on a wide range of behavioral indicators as indicative of adolescent psychopathy in addition to affective and interpersonal characteristics typically viewed as crucial to the construct by clinicians.

Journal ArticleDOI
TL;DR: Variations of two suspect testimonies were created in accordance with the model by Stein and Glenn (1979) of a stereotypical story grammar, and the account by Wagenaar, van Koppen, and Crombag (1993) of narrative anchoring to reveal that criminal anchoring in suspect statements, regardless of the crime scenario, has a negative effect on the plausibility level.
Abstract: The perceived plausibility of suspect narratives is hypothesised to be a product of more than logical evaluation. Aspects of the narrative’s internal structure, notably the extent to which it follows a canonical sequence, may influence judged plausibility. It may also be sensitive to external ‘anchors’ that activate relevant schema. To test these possibilities two suspect testimonies were created: one involving a possible homicide and the other a possible burglary. A second version of each of these statements was created in which the narrative clauses occurred in a different order to the canonical sequence elaborated by Stein and Glenn (1979). A further version of each of these four statements was also created to contain ‘criminal anchors’, of the form discussed by Wagenaar, van Koppen and Crombag (1993), i.e.: statements that reflected commonly held beliefs about criminality. In the first study ten subjects each separately rated each of the eight narratives using a perceived plausibility scale developed from pilot work. ANOVA revealed that the addition of criminal anchors led to a significant decrease in perceived plausibility, but the effect of narrative sequencing was dependant on scenario (homicide or burglary). Ambiguities within Stein and Glenn’s model of narrative structure were identified, and new testimonies created. A second study with these new narratives (N=60) found support for the effect of narratives sequence as well as replicating the influence of criminal anchors. The implications for models of how people judge plausibility are discussed, as are the practical implications for legal contexts.