Showing papers in "Behavioral Sciences & The Law in 2014"
TL;DR: 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 is suggested.
Abstract: 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.
134 citations
TL;DR: The existing research on lone wolf terrorists and case experience are reviewed and interpreted through the lens of psychoanalytic theory, finding greater creativity and innovation than terrorist groups.
Abstract: 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.
98 citations
TL;DR: It is argued 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.
Abstract: 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.
68 citations
TL;DR: It is argued that the psychology of radicalization provides compelling reason for the inclusion of deradicalization efforts as an essential component of the management of terrorist detainees.
Abstract: 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.
53 citations
TL;DR: The potential role of the newly revised Historical-Clinical-Risk Management-20 (HCR-20, Version 3) within the conditional release context is discussed and a brief review of the structured professional judgment (SPJ) approach to violence risk assessment and management is provided.
Abstract: The conditional release of insanity acquittees requires decisions both about community risk level and the contextual factors that may mitigate or aggravate risk. This article discusses the potential role of the newly revised Historical-Clinical-Risk Management-20 (HCR-20, Version 3) within the conditional release context. A brief review of the structured professional judgment (SPJ) approach to violence risk assessment and management is provided. Version 2 of the HCR-20, which has been broadly adopted and evaluated, is briefly described. New features of Version 3 of the HCR-20 with particular relevance to conditional release decision-making are reviewed, including: item indicators; ratings of the relevance of risk factors to an individual's violence; risk formulation; scenario planning; and risk management planning. Version 3 of the HCR-20 includes a number of features that should assist evaluators and decision-makers to determine risk level, as well as to anticipate and specify community conditions and contexts that may mitigate or aggravate risk. Research on the HCR-20 Version 3 using approximately 800 participants across three settings (forensic psychiatric, civil psychiatric, correctional) and eight countries is reviewed.
48 citations
TL;DR: Analysis of forensic interviews of 3- to 13-year-olds who alleged maltreatment enhances understanding of children's willingness to participate in investigative interviews and the means through which interviewers can foster the comfort and well-being of young witnesses.
Abstract: Children's unwillingness to report abuse places them at risk for re-victimization, and interviewers who do not respond sensitively to that unwillingness may increase the likelihood that victims will not disclose abuse. Interviewer support and children's reluctance were examined on a turn-by-turn basis using sequential analyses in 199 forensic interviews of 3- to 13-year-olds who alleged maltreatment. Half of the children were interviewed using the Revised Protocol that emphasized rapport-building (RP), the others using the Standard National Institute of Child Health and Human Development Protocol (SP). When using the RP, interviewers provided proportionally more support than when using the SP, but even when using the RP they did not specifically provide support when children expressed reluctance. The RP promoted immediate cooperation when reluctant utterances were met with support, however, suggesting that supportive statements were valuable. The findings enhance our understanding of children's willingness to participate in investigative interviews and the means through which interviewers can foster the comfort and well-being of young witnesses.
48 citations
TL;DR: Supporting a theoretical model derived from research on the perceived credibility of adult rape victims, women compared to men were more empathic toward child victims, more opposed to adult/child sex, more pro-women, and more inclined to believe children generally.
Abstract: In three experiments, we investigated the influence of juror, victim, and case factors on mock jurors' decisions in several types of child sexual assault cases (incest, day care, stranger abduction, and teacher-perpetrated abuse). We also validated and tested the ability of several scales measuring empathy for child victims, children's believability, and opposition to adult/child sex, to mediate the effect of jurors' gender on case judgments. Supporting a theoretical model derived from research on the perceived credibility of adult rape victims, women compared to men were more empathic toward child victims, more opposed to adult/child sex, more pro-women, and more inclined to believe children generally. In turn, women (versus men) made more pro-victim judgments in hypothetical abuse cases; that is, attitudes and empathy generally mediated this juror gender effect that is pervasive in this literature. The experiments also revealed that strength of case evidence is a powerful factor in determining judgments, and that teen victims (14 years old) are blamed more for sexual abuse than are younger children (5 years old), but that perceptions of 5 and 10 year olds are largely similar. Our last experiment illustrated that our findings of mediation generalize to a community member sample.
45 citations
TL;DR: The results imply that denying experienced events is not a good strategy in an interviewing setting, as it adversely affects memory statements about the interview.
Abstract: The current experiment was designed to assess the mnemonic consequences of false denials and forced confabulations. Children (aged 6–8 and 10–12 years) and adults viewed a video and then their memory and belief about the event were tested. Participants were then divided into three groups. In the “cued recall” condition, participants were asked to answer true- and false-event questions, but could choose not to respond if they did not know the answer. In the “forced confabulation” group, participants received the same set of questions, but were forced to answer all of them. In the “false denial” group, participants were instructed to falsely deny in response to each question. One week later, participants received a source memory test, and they had to provide memory and belief ratings once more. Forced confabulations resulted in false memories in the youngest group. Moreover, our analyses showed that repeated false denials led children and adults to be highly inclined to falsely deny that they had talked to the experimenter about certain presented details, when in fact they had done so. Furthermore, false denial and non-believed memory rates were more pronounced in younger than in older children and adults. Our results imply that denying experienced events is not a good strategy in an interviewing setting, as it adversely affects memory statements about the interview.
40 citations
TL;DR: 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 the authors' society's greatest global challenges?
Abstract: 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.
37 citations
TL;DR: Examination of dynamic and static predictors of detention in custody, conditional discharge, and absolute discharge among persons found NCRMD across the three largest provinces in Canada suggests that clinicians recommending less restrictive dispositions are more likely to include a comprehensive risk assessment with their recommendation.
Abstract: The majority of individuals found not criminally responsible on account of mental disorder (NCRMD) in Canada spend some time in hospital before they are conditionally or absolutely (no conditions) discharged to the community by a legally mandated review board. By law, the decision to conditionally discharge an individual found NCRMD should be guided by the need to protect the public, the mental condition of the accused, and the other needs of the accused, especially regarding his/her community reintegration. At the time of this study, Canadian legislation and case law required that the review board disposition should be the "least onerous and least restrictive" possible for the accused. This means that, if there is no evidence that the person poses a significant risk to public safety, he/she must be released. However, the Canadian Criminal Code does not specify the criteria that must be considered when making this risk assessment. This leads to two questions. (1) What predicts review board dispositions? (2) To what extent do disposition determinations reflect evidence-based practices? The present study examined dynamic and static predictors of detention in custody, conditional discharge (CD), and absolute discharge (AD) dispositions among persons found NCRMD across the three largest provinces in Canada. The National Trajectory Project (NTP) examined men and women found NCRMD in British Columbia (BC), Quebec (QC), and Ontario (ON) between May 2000 and April 2005, followed until December 2008. For the purposes of this study, individuals who had at least one hearing with a review board were extracted from the NTP dataset (N = 1794: QC = 1089, ON = 483, BC = 222). Over the course of the study, 6743 review board hearings were examined (QC = 3505, ON = 2185, BC = 1053). Despite advances in the risk assessment field, presentation of a comprehensive structured risk assessment to the review board was not the norm. Yet our findings suggest that review boards were taking into account a combination of empirically validated static and dynamic risk factors, as represented by the items of the HCR-20 risk assessment scheme. Particular attention was being paid to the behavior of the patient between hearings (e.g., violent acts, compliance with conditions). Severity of index offense was associated with review board decisions; though index severity is not related to recidivism, it is an important consideration in terms of public perceptions of the justice system and can be related to better established risk factors (i.e., criminal history and prior violence). Historical factors had more influence on the decision to detain someone, while clinical factors were more influential on an AD decision. Disposition stability was the most common trajectory, meaning that a patient with a prior CD disposition was most likely to receive another CD disposition at the next hearing. Static and dynamic risk factors found in the HCR-20 influenced review board determinations, although presentation of a complete structured risk assessment is the exception, not the norm. RESULTS suggest that clinicians recommending less restrictive dispositions are more likely to include a comprehensive risk assessment with their recommendation. An alternative explanation is that, when there is no comprehensive assessment of risk, the review board tends to be more cautious and apply more restrictive dispositions. The practice seems to be contrary to the legislation at the time of the study, given that there should be a presumption that the patient is not a significant threat. Copyright © 2014 John Wiley & Sons, Ltd. Language: en
35 citations
TL;DR: Two new feigning scales based on well-established detection-strategies: rare symptoms (RS) and symptom combinations (SC) are developed and studied in a between-subjects simulation design using inpatients with partial-malingering conditions.
Abstract: Time-efficient screens for feigned mental disorders (FMDs) constitute important tools in forensic assessments. The Structured Inventory of Malingered Symptomatology (SIMS) is a 75-item true-false questionnaire that has been extensively studied as an FMD screen. However, the SIMS scales are not based on established detection strategies, and only its total score is utilized as a feigning screen. This investigation develops two new feigning scales based on well-established detection-strategies: rare symptoms (RS) and symptom combinations (SC). They are studied in a between-subjects simulation design using inpatients with partial-malingering (i.e., patients with genuine disorders asked to feign greater disabilities) conditions. Subject to future cross-validation, the SC scale evidenced the highest effect size (d=2.01) and appeared the most effective at ruling out examinees, who have a high likelihood of genuine responding.
TL;DR: 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.
Abstract: 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.
TL;DR: Both studies revealed that using DYK questions increased the chances of pragmatic failure, particularly for younger children and those with lower inhibitory control skills.
Abstract: Prior research suggests that infelicitous choice of questions can significantly underestimate children’s actual abilities, independently of suggestiveness. One possibly difficult question type is indirect speech acts such as “Do you know…” questions (DYK, e.g., “Do you know where it happened?”). These questions directly ask if respondents know, while indirectly asking what respondents know. If respondents answer “yes,” but fail to elaborate, they are either ignoring or failing to recognize the indirect question (known as pragmatic failure). Two studies examined the effect of indirect speech acts on maltreated and non-maltreated 2- to 7-year-olds’ post-event interview responses. Children were read a story and later interviewed using DYK and Wh- questions. Additionally, children completed a series of executive functioning tasks. Both studies revealed that using DYK questions increased the chances of pragmatic failure, particularly for younger children and those with lower inhibitory control skills. Copyright # 2014 John Wiley & Sons, Ltd.
TL;DR: The empirically based factors that predicted success on conditional release among a sample of individuals conditionally discharged in Louisiana provide support for the successful management of forensic patients in the community via conditional release, although specific factors should be considered when developing community-based release programming.
Abstract: The conditional release of individuals detained in jails and forensic hospitals reflects a growing trend in state policies toward community-based forensic mental health programming (McDermott, Scott, Bosse, Andrade, Zozaya & Quanbeck, 2008; Vitacco, Vauter, Erickson, & Ragatz, 2013). When individuals are released from a secure forensic setting, it is important to demonstrate that treatment in the community is effective and that public safety is not compromised. In addition, factors that influence whether an individual is likely to be successful on conditional release are important to understand so that clinicians and legal decision-makers have an empirical basis to guide release evaluations and placement decisions. Conditional release into the community is predicated on individuals meeting specific conditions of the release agreement. If an individual violates the conditions of his or her release, the person is subject to revocation of release and return to incarceration or inpatient treatment.
Owing to the important public safety and policy implications involving the release of individuals into the community from secure forensic facilities, recent research has focused on the success of individuals placed on conditional release. The majority of the empirical research on conditional release programs has considered whether individuals on conditional release are able to be maintained in the community safely and successfully. Research demonstrates that conditional release programs are effective on key variables, such as reducing recidivism, minimizing arrests and revocations (Bloom, Williams, & Bigelow, 1991, 1992; Vitacco et al., 2013; Wiederanders, 1992; Wilson, Tien, & Eaves, 1995). Early studies demonstrated the success of conditional release programs (i.e., arrest on new charges and revocation), although revocation rates among not guilty by reason of insanity (NGRI) acquittees across studies tended to hover between 35% and 49% (Callahan & Silver, 1998). More recent research has demonstrated improvement in revocation rates and the maintenance of individuals on conditional release in the community over longer durations, perhaps due to the evolution of conditional release programming and responsiveness to behavioral changes in individuals (Vitacco et al., 2013).
Much of the extant research investigating conditional release focuses on identifying the factors associated with its successful maintenance; however, differences among programs, participants, and jurisdictions make comparisons difficult. The majority of studies focus on the conditional release of NGRI acquittees (Callahan & Silver, 1998; Monson, Gunnin, Fogel, & Kyle, 2001; Parker 2004; Vitacco et al., 2008, 2011, 2013), although Bertman-Pate and colleagues (2004) and Wilson and colleagues (1995) evaluated conditional release in a mixed sample of mentally disordered offenders.
Wilson and colleagues (1995) reported a 35% revocation rate for male mentally disordered offenders released to an intensive assertive case management program. Individuals released from jail to an intensive forensic case management program spent fewer post-release days in jail and were maintained longer in the community than a comparison sample released from jail without follow-up.
Callahan and Silver (1998) examined conditional release across four states. The average revocation rate was 31%, indicating that most participants are successful on conditional release. Several variables were related to success on conditional release. Individuals with a substance abuse history were more likely to be revoked. Being White, employed, and married is associated with a lower likelihood of revocation. Race percentages were not listed. Callahan and Silver (1998) also found a trend for individuals with a history of prior hospitalizations to have greater rates of revocation.
Consistent with the results found by Callahan and Silver (1998), Monson, Gunnin, Fogel, & Kyle (2001) demonstrated that minority status, substance abuse diagnosis, and prior criminal history predicted revocation in a random sample of 125 NGRI acquittees. Thirty-eight percent of the Monson and colleagues sample was African-American.
In a study similar to the one conducted by Wilson and colleagues (1995), examining treatment outcome, Parker (2004) evaluated conditional release success in an assertive community treatment (ACT)-based program over a five year period. Arrest or hospitalization (not revocation) was the primary outcome measure used to determine success on conditional release. Parker (2004) demonstrated that 83% of NGRI acquittees in an assertive case management program were maintained in the community during the five year study period. He reported a 1.4% arrest rate with only one arrest for violent behavior. The primary factor associated with failure on conditional release was a diagnosis of paranoid schizophrenia. Length of time in the community also significantly predicted maintenance on conditional release. Overall, Parker (2004) demonstrated a low arrest rate, moderate hospitalization rate, and high community tenure.
Bertman-Pate and colleagues (2004) reviewed the factors associated with successful conditional release in a sample of individuals at the New Orleans Forensic Aftercare Clinic (FAC). The original study examined the conditional release system as it operated in Louisiana from 1995 to 2002. In that study, no significant differences between individuals who were discharged on conditional release from long-term hospitalization and those diverted from jail were found. For both jail-diverted and hospital-discharged clients, success on conditional release was significantly related to fewer previous hospitalizations, fewer prior arrests and a lower number of in- program incidents. Individuals who had their conditional release revoked were more likely to have a diagnosis of schizophrenia and less likely to have a diagnosis of mental retardation. Sixty-five percent of the sample maintained their conditional release over the seven year follow-up period. A 10% rearrest rate was noted with only two arrests for violent charges. The sample in the Bertman-Pate et al. study was a largely minority cohort (81.5% African-American), in contrast to most other published reports.
Most recently, Vitacco and colleagues (2008, 2011, 2013) conducted a series of robust studies examining factors related to the maintenance of conditional release. Vitacco and colleagues (2008) demonstrated in a large sample (n = 363) of NGRI acquittees that 66% maintained conditional release for 3.7 years. A diagnosis of substance abuse, previous revocation of conditional release, and mental health symptoms requiring inpatient hospitalization were all positively related to revocation of conditional release. In the only study examining conditional release in female NGRI acquittees, Vitacco and colleagues (2011) demonstrated that 68.4% maintained conditional release for an average of 4 years. There were no revocations due to violent behavior. Emerging symptoms of mental illness requiring hospitalization were related to revocation. Vitacco and colleagues (2013) examined a racially diverse sample of 127 NGRI acquittees in Virginia who were on conditional release from 2007 to 2010. The sample was described as racially diverse and consisted of 38% African-Americans and 56% Caucasian Americans. Previous failure on conditional release, non-adherence to treatment, dangerousness, and prior violent charges predicted revocation. A multivariate survival analysis indicated that criminal behavior (i.e., number of previous charges, number of violent charges) and previous failure on conditional release predicted time to revocation. The authors note that although they relied on a list of standard risk factors, they did not employ an empirically based measure of violence risk.
Research on conditional release has focused on the identification of individual factors associated with success on conditional release. Studies employing primarily demographic and standardized risk data demonstrate that individuals are able to be maintained safely in the community, although there exists a subset of individuals who do not respond favorably to community-based treatment programs (Bieber, Pasewark, Bosten, & Steadman, 1988). The conditional release of individuals is predicated on making informed decisions regarding which factors impact success on conditional release, such as the presence and severity of an individual’s mental illness, criminogenic factors related to recidivism and potential dangerousness (McDermott et al., 2008; McDermott & Thompson, 2006). Identifying factors related to conditional release revocation can inform conditional release programming and aid in the development of successful risk management and risk reduction strategies for individuals in community-based treatment.
TL;DR: Jurors who rated the child as more emotional were more likely to render guilty verdicts, were more certain of guilt, and found the child more credible and the defendant less credible than participants who ratedThe child as less emotional.
Abstract: Despite wide variations in child witness behavior while on the stand, little research has focused on how that behavior influences jurors' perceptions of the child's credibility or the case itself. In the current study, the impact of a child's emotional displays on credibility judgments and verdict preferences was examined in jury-eligible college students and jurors released from jury duty. No significant differences emerged in perceptions or verdicts based on whether a child was shown as crying or not while participants read a transcript of the child's testimony. However, participants who rated the child as more emotional (regardless of whether the image showed a crying child) were more likely to render guilty verdicts, were more certain of guilt, and found the child more credible and the defendant less credible than participants who rated the child as less emotional. Also, when the child was perceived as low in emotion, older children were rated as less credible than younger children. The results have implications for understanding how children's emotional displays and jurors' perceptions of children's emotionality influence decisions in sexual abuse cases.
TL;DR: transcripts of investigative interviews with allegedly abused children revealed patterns of "don't know" responding, as well as interviewers' reactions to these responses.
Abstract: Most experimental studies examining the use of pre-interview instructions (ground rules) show that children say "I don't know" more often when they have been encouraged to do so when appropriate. However, children's "don't know" responses have not been studied in more applied contexts, such as in investigative interviews. In the present study, 76 transcripts of investigative interviews with allegedly abused children revealed patterns of "don't know" responding, as well as interviewers' reactions to these responses. Instructions to say "I don't know" when appropriate did not affect the frequency with which children gave these responses. Interviewers rejected "don't know" responses nearly 30% of the time, and typically continued to ask about the same topic using more risky questions. Children often answered these follow-up questions even though they had previously indicated that they lacked the requested information. There was no evidence that "don't know" responses indicated reluctance to talk about abuse. Implications for forensic interviewers are discussed.
TL;DR: Contrary to expectations, the new building had limited effects on the measured variables.
Abstract: This study examined the person–environment interaction effects of environmental design on ward climate, safety, job satisfaction, and treatment outcomes within a new high security forensic psychiatric facility Participants included male and female adult psychiatric inpatients and staff members at different security stages Data were collected once before and twice after the experimental group moved into the new building The control group remained in the same facilities Contrary to expectations, the new building had limited effects on the measured variables Copyright © 2014 John Wiley & Sons, Ltd
TL;DR: Prior supervision failure, negative attitude, problems with substance use, and absent or less serious major mental illness and relationship problems were informative in predicting recommitment over 10 and 3 year follow-up periods.
Abstract: The current archival study assesses risk factors associated with recommitment of 142 individuals adjudicated Not Guilty by Reason of Insanity (NGRI) from civil settings to a forensic hospital in New York State. Within 10 years of transfer from a forensic hospital, 40 (28.2%) were recommitted. Using survival analyses to account for the wide range in opportunity for recommitment, period of transfer (i.e., pre versus post the 1995 case of George L, which clarified factors related to assessments of dangerousness) and the Historical scale and specific items of the HCR-20 emerged as important risk factors for recommitment. Specifically, hazard of recommitment was 2.9 times higher for those with high Historical scores as compared to those with low scores. However, few individual risk factors were associated with recommitment. Prior supervision failure, negative attitude, problems with substance use, and absent or less serious major mental illness and relationship problems were informative in predicting recommitment over 10 and 3 year follow-up periods. Copyright © 2014 John Wiley & Sons, Ltd.
TL;DR: To what extent the EU has realized the principle of accessibility and the right to access cultural goods and services envisaged in the UNCRPD is discussed and how web accessibility policies and the digitization of cultural materials influence these efforts is explored.
Abstract: This is the accepted version of the following article: Ferri, D., & Giannoumis, G. A. (2014). A revaluation of the cultural dimension of disability policy in the European Union: The impact of digitization and web accessibility. Behavioral sciences & the law, 32(1), 33-51., which has been published in final form at http://dx.doi.org/10.1002/bsl.2102.
TL;DR: This study examines Miranda misconceptions of legally involved juveniles at different levels of psychosocial maturity, finding that maturity played an important role in the immediate recall of a Miranda advisement.
Abstract: 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.
TL;DR: 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.
Abstract: 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.
TL;DR: The South Australian model of diversion is described, with specific reference to the relationship between identified participant characteristics, program compliance rates, and re-offending outcomes, and the results of a two-year recidivism study suggest that involvement with the program has a positive impact onRecidivism.
Abstract: The need to develop specialized judicial processes to deal with offenders with mental illnesses is now widely recognized and has led to the introduction of mental health court diversion programs around the world. At present, however, there is only limited evidence from which to assess the impact of these initiatives. This paper describes the South Australian model of diversion, with specific reference to the relationship between identified participant characteristics, program compliance rates, and re-offending outcomes. The results of a two-year recidivism study suggest that involvement with the program has a positive impact on recidivism, but that this is independent from the individual's level of success in the program. Lower risk offenders were more likely to achieve successful outcomes than those in the higher risk categories. The implications of these results, as well the factors that might inform the ongoing development of mental health court programs, are discussed.
TL;DR: Omar al-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.
Abstract: 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.
TL;DR: Norwegian mass murderer Anders Behring 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.
Abstract: 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 Utoya, 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.
TL;DR: Results suggest that participants perceived white collar offenders more negatively than violent offenders, and were generally more influenced by crime type than diagnosis, while the diagnostic label was most influential on recidivism ratings and participants' perceptions of violent offenders.
Abstract: 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.
TL;DR: The results highlight the difficulty and confusion evaluators face when conducting CR readiness evaluations, and demonstrate the need for enhanced training, statutory guidance, and standardized evaluation protocols for these evaluations.
Abstract: A large number of individuals are acquitted of criminal charges after being found “not guilty by reason of insanity.” Most of these individuals are hospitalized and later seek hospital discharge under a court-ordered provision called conditional release (“CR”). Courts rely on opinions from forensic evaluators to determine acquittees’ readiness for CR. However, how evaluators make these decisions are unknown. Eighty-nine CR readiness evaluators from nine states were surveyed to understand which factors evaluators prioritize and to understand evaluators’ assessment methodologies and their beliefs about the CR process itself. Little uniformity was found among evaluators on any aspect of the decision-making process. Evaluators utilized a wide variety of methodologies when making their decisions on readiness for CR. Moreover, evaluators’ conceptualizations of the CR process itself varied widely. The results highlight the difficulty and confusion evaluators face when conducting CR readiness evaluations, and demonstrate the need for enhanced training, statutory guidance, and standardized evaluation protocols for these evaluations. Copyright © 2014 John Wiley & Sons, Ltd.
TL;DR: Investigation of factors associated with voluntary and involuntary readmissions to forensic hospitals in the state of Maryland from 2007, 2008, and 2009 and monitored their community progress for a 3-year follow-up period indicated that voluntarily readmitted insanity acquittees had fewer reported arrests on conditional release and fewer reported instances of non-compliance with treatment compared with insanity acquittee who were returned involuntarily to hospital.
Abstract: The current study investigated factors associated with voluntary and involuntary readmissions to forensic hospitals 356 insanity acquittees on conditional release in the state of Maryland from 2007, 2008, and 2009 and monitored their community progress for a 3-year follow-up period. The results indicated that voluntarily readmitted insanity acquittees had fewer reported arrests on conditional release and fewer reported instances of non-compliance with treatment compared with insanity acquittees who were returned involuntarily to hospital. As expected, arrests and treatment non-compliance predicted involuntary readmission. A third group of insanity acquittees who were not readmitted on conditional release presented with numerous differences compared with voluntarily and involuntarily readmitted acquittees. These included a longer duration in the community prior to any psychiatric readmission and fewer community psychiatric admissions than both the voluntary and involuntary groups. Data from this study provide useful information on where community monitoring resources for insanity acquittees may best be allocated. Copyright © 2014 John Wiley & Sons, Ltd.
TL;DR: 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.
Abstract: 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.
TL;DR: Compared 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.
Abstract: 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. Language: en
TL;DR: It is argued that just as there is no single pathway into or out of terrorism, there can be no single reintegration program.
Abstract: 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.