Forensic Psychology

Matthew T. Huss is a Professor of Psychology at Creighton University and a practicing forensic psychologist. He has over 80 scholarly publications and has served as a reviewer for numerous scholarly journals. Over the course of the past decade, Huss has expanded his clinical practice of forensic psychology considerably and has the breadth and depth of experience to address the issues both academically and in an applied manner.

• Preface ixAcknowledgments xiii1 What Is Forensic Psychology? An Introduction 1What Is Forensic Psychology? 1Is this forensic psychology? 1The origin of forensic psychology 3Our definition of forensic psychology 3History of forensic psychology 4Major Areas of Forensic Psychology 5Structure of the legal system 7The Relationship of the Law and Psychology 9The conflict between psychology and law 10Education and Training in Forensic Psychology 10How do I become a forensic psychologist? 10Careers in forensic psychology 142 Assessment, Treatment, and Consultation in Forensic Psychology 16Forensic Assessment 16Important tasks in forensic assessment 17Core concepts in assessment: Reliability and validity 18Distinguishing therapeutic assessment from forensic assessment 18Methods and procedures: Interviewing 19Methods and procedures: Psychological testing 22Archival information 25The use of written reports in forensic assessments and guidelines 26Treatment in Forensic Contexts 28Who are we treating? 29Types of treatment 31Success of offender programs 31Successful offender programs 32Forensic Consultation 333 Expert Testimony and the Role of an Expert 36History of the Expert Witness 37Admissibility of Expert Testimony 38Frye standard 38The rest of the Daubert trilogy 41Challenges to Expert Testimony 42Cross- examination 42Opposing expert 42Judicial instructions 42Factors that influence expert witness credibility 43Criticisms of Expert Testimony 44Taking over the courtroom 44Ultimate issue testimony 44Corruption of science 45Bias in Human Decision- Making and Forensic Practice 47Ethics of the Expert 48Competence 49Informed consent and confidentiality 50Financial arrangements 50Multiple relationships 51Syndrome Evidence: Controversial Area of Expert Testimony 51Profile and syndrome evidence 514 Psychopathy 55The Nature of the Psychopath 55A popular operationalization of psychopathy: The Psychopathy Checklist 56Use of the PCL- R in the practice of forensic psychology: Field research 60The Relationship of Criminal Behavior and Violence to Psychopathy 61General violence and criminal behavior 61Sexual violence 63Violence in civil psychiatric patients 63Violence among intimate partner violence perpetrators 64What Else Do We Know about Psychopathy? 64Interpersonal- affective aspects of psychopathy 64Cognitive and learning deficits (information processing) associated with psychopathy 66Biological basis for psychopathy 67Treatment of psychopathy 68Special Groups and Psychopathy 69Women 69Ethnic and cross- cultural issues 71Children and adolescents 71Legal and Ethical Issues Involving Psychopathy 72Capital sentencing and the use of psychopathy 735 Violence Risk Assessment 75Nature of Violence and Violence Risk Assessment 75Defining violence 75Violence as a choice 76Legal Realities of Violence Risk Assessments 77The Evolution of Risk Assessment 79Early history of risk assessment 79Clinical, Actuarial, and Structured Risk Assessments 80Clinical assessments of violence 80Actuarial measures of violence 81Structured professional judgments 84Risk and Protective Factors 86Static risk factors 87Dynamic risk factors 87Protective factors 89Accuracy of Risk Assessment 89Difficulties in risk assessment 90When are we good at assessing risk? 90Communicating Risk 916 Sexual Offenders 93What Is a Sexual Offender? 93Assessment of Sexual Offenders 95Indirect or physiological measures of sexual deviance 96Phallometric assessment: Penile plethysmograph (PPG) 96Alternative indirect and physiological measures 97Psychological assessment 98Risk assessment and recidivism 99Risk assessment instruments for sexual offenders 101Use of sex offender risk assessment measures in the field 102Treatment and Management of Sexual Offenders 103Are sexual offender treatment programs successful? 104Components of potentially successful programs 105Special Groups of Sexual Offenders 106Female sexual offenders 106Clergy as sexual offenders 108Online child pornography offenders 108Sexual Offender Legislation 109Registration and notification laws 109Residency laws 111Sexually violent predator laws 1117 Civil Commitment 114What Is Civil Commitment? 114Criteria for Civil Commitment 117Mental illness 117Dangerousness 117Need for treatment 119Process of civil commitment 119Outpatient commitment 120Empirical examination of outpatient commitment and other changes in commitment laws 121Coercion of Civil Commitments 122The impact of coercion on civil commitment 123Sources and frequency of coercion 124Right to Make Treatment Decisions and Refuse Treatment 125Competency to make treatment decisions 125Psychiatric advanced directives (PAD) 126Practice of Civil Commitment 126Assessment and treatment of committed patients 127Assessment of danger to self 127Assessment of danger to others 128Risk factors for commitment 1298 Criminal and Civil Competence 130Raising the Issue of Competency in Criminal Proceedings 131Competency to Stand Trial (CST) 131Prevalence of CST 131Procedures in CST 132Competency evaluations 133Forensic assessment instruments for competency 135Other Variables Related to Competence 138Scope of practice in competency evaluations 139Restoration of Competency 140Competency restoration programs 141Other Criminal Competencies 144Competency to be executed 144Competency to waive Miranda rights 144Competency to refuse the insanity defense 145Civil Competencies 145Competency to be treated 146Competency to execute a will 146Competency related to guardianship 1479 Insanity, Criminal Responsibility, and Diminished Capacity 148The Rationale for Insanity Defense 150Insanity Standards 151Wild beast standard 151The product rule and Durham 153American law institute (ALI) rule, model penal code, and Brawner 154Insanity Defense Reform Act (1984) 154Guilty but mentally ill 155Challenges to the insanity defense 156Studies Assessing the Insanity Standards in Mock Jurors 156Insanity Myths 157Evaluations of Insanity 161Common procedures for insanity evaluations 161Reliability and validity of insanity evaluations 162Outcomes of Insanity Evaluations 163Forensic assessment instruments 164Malingering and insanity 164Other Issues of Criminal Responsibility and Diminished Capacity 16510 Intimate Partner Violence and Stalking 168Defining and Identifying the Prevalence of Intimate Partner Violence 169Factors that influence prevalence figures 169Assessment of Intimate Partner Violence among Intimate Partners 170Assessing consequences of intimate partner violence 171Psychological consequences of intimate partner violence 172Risk Factors and Risk Assessment in Intimate Partner Violence 173Risk factors for intimate partner violence 173Assessing risk and recidivism 177Intimate Partner Violence Treatment 178Educational and psychological treatment 179Community- based interventions 181Criminal justice interventions 181Sexual Orientation and Gender Differences in the Perpetration of Intimate Partner Violence 182Stalking 18311 Juvenile Delinquency and Juvenile Justice 188History of the Juvenile Court 189Processing in the Juvenile Courts 191Juvenile Delinquency and Juvenile Offenses 192Risk factors for juvenile delinquency 193Juvenile Violence 194Risk factors for nonsexual violence 195Risk factors for sexual violence 196Role of the Forensic Psychologist in Juvenile Courts 197Evaluating treatment amenability 197Providing treatment 198Transfer evaluations 199Competency evaluations 200Insanity evaluations 201Risk assessment 201Special Issues Regarding Juveniles: School Violence 203School violence and mass school shootings 20312 Child Custody 206Legal History and Assumptions about Child Custody 207Legal standards and preferences for child custody 207Additional legal preferences 209Child Custody Laws and Professional Guidelines 209Professional guidelines for child custody evaluations 210Forensic Practice in Child Custody Evaluations 211Format and methods utilized in child custody evaluations 211Surveys of clinical practice and psychological testing 213Difficulties in child custody evaluations 216Effects of Custody and Divorce on Children 217Effects of divorce on children 217Impact of custodial arrangement 219Positive post- divorce outcomes 219Child Abuse and Interpersonal Violence 22013 Personal Injury and Discrimination in Civil Law 223Legal Bases for Personal Injury Cases: Torts and Civil Law 224General Forensic Practice in Personal Injury Cases 225Malingering in personal injury cases 226Typical Injuries Involved in Personal Injury Claims 227Trauma and posttraumatic stress disorder (PTSD) 228Traumatic brain injury (TBI) 229Chronic pain 231Common sources of bias 233Psychological Independent Medical Evaluation 233Workers’ Compensation 234Sexual Harassment and Employment Discrimination 236Glossary G- 1References R- 1Name Index I- 1Subject Index I- 9