April 6, 2011

Oregon training on forensic work with immigrants

           "But they don’t speak
English!": The assessment of
immigrants in forensic and administrative contexts

April 18 at Portland State University, Oregon

We’ve always been a land of immigrants, but now more than ever issues of language and acculturation are at the forefront of many forensic evaluations. Never fear, our colleagues at the Northwest Forensic Institute in Portland, Oregon have set up a training to help you maneuver in these challenging contexts.

Tedd Judd, the presenter, is a Certified Hispanic Mental Health Specialist and Past President of the Hispanic Neuropsychological Society who has taught neuropsychology in 21 countries on 5 continents.

The all-day training workshop will address practicalities, skills, ethics, and resources for such evaluations in order to provide equitable services. The objective is to teach skills so participants are able to choose and refer cases appropriately and increase the range of cases they can deal with confidently and ethically. The workshop will include case presentations.

The early-bird registration fee of $175 is good until Monday, April 11; after that, the fee is $190. What a deal for six hours of Continuing Education credits.

More information is available HERE.

Also in Oregon: May 21 training on forensic diagnosis

For those of you planning to be up in the Pacific Northwest the following month, I am going to be giving an all-day training up in Oregon. My workshop, “Psychiatric Diagnoses in Court: Current Controversies and Future Directions,” will be May 21 at picturesque Wallowa Lake in eastern Oregon.

More information is available HERE (or visit my website).

April 2, 2011

Good news on young criminals

Desistance the rule, with or without incarceration 

The most thorough study to date, just released by The U.S. Department of Justice, brings lots of good news about criminal desistance among serious adolescent offenders.

The most important finding is that even adolescents who have committed serious offenses are not necessarily on track for adult criminal careers. Only a small proportion of the offenders studied continued to offend at a high level throughout the followup period.

The other critical finding was that incarceration is for the most part unnecessary and ineffective:
Longer stays in juvenile facilities did not reduce reoffending; institutional placement even raised offending levels in those with the lowest level of offending.

Instead, the study found, interventions that combined community-based supervision and substance abuse treatment helped youthful offenders stay in school, get jobs, and avoid further offending.

"Pathways to Desistance" is a multidisciplinary project that intensively followed 1,354 serious juvenile offenders ages 14 to 18 (184 girls and 1,170 boys) in metropolitan Arizona and Pennsylvania for 7 years after their convictions. Data included multiple interviews with the young offenders and their families, and analyses of official records. Edward Mulvey, Ph.D., director of the Law and Psychiatry Program at the University of Pittburgh Medical School, authored the study, which was just released by the Office of Juvenile Justice and Delinquency Prevention.

The findings should be welcome news not only for young miscreants and their loved ones, but also for taxpayers, as it supports the current move toward less expensive community interventions as an alternative to costly juvenile prisons.

March 29, 2011

Steffan's Alerts #3: Women, children, fire-setting and the public

Click on a title to read the article abstract; click on a highlighted author's name to request the full article.

JAAPL: Plethora of mental health and law offerings

As always, the new issue of the Journal of the American Academy of Psychiatry and Law is a goldmine for those interested in law and mental health matters. All articles may be accessed for free online. Topics include use of the DSM in litigation and legislative settings, rational understanding and competency to stand trial, treatment of sexual offenders, hebephilia and the DSM-5, competency of pregnant women with psychosis, diversion of women into substance abuse treatment, and analyses of several recent legal rulings, to name a few.


In a new issue of the British Journal of Criminology, Sytske Besemer and colleagues examine whether children whose parents have been incarcerated are later involved in the criminal justice system at disproportionate rates compared to children whose parents have been convicted but never imprisoned in the Netherlands and England. After controlling for a number of possible intervening variables in their longitudinal study, the authors provide data showing that children in the latter--but not the former--country are adversely affected by their parents' incarceration.


Although mental health professionals have long held that deliberate fire setting by children is prognostic of future conduct problems, Ian Lambie and Isabel Randell review how science in this area has progressed -- or not progressed -- in a new issue of Clinical Psychology Review. They call for future research to address the relationship between youth firesetting and future antisocial behavior as well as to update best practices in assessing and intervening with children who set fires.


Data from a national survey of 3,001 women in 2006 indicated that the rate of reporting rape has not significantly changed since the 1990s. In a new issue of Journal of Interpersonal Violence, lead author Kate Wolitzky-Taylor explores barriers and predictors of reporting sexual assaults to law enforcement.


In a forthcoming issue of Psychology, Public Policy, and Law, Shabnam Javdani, Naomi Sadeh, and Edelyn Verona advance theory on the legal and social policy factors involved in the increasing arrest rates of girls and women.



Does the public really support tougher sentencing of offenders? Preliminary data suggests this is not the case in Australia when members of the public are provided details about the personal lives of offenders. In a new issue of Criminology and Criminal Justice, Austin Lovegrove sampled several hundred participants through their review and discussion of judges' sentences on six offenders in four actual cases.


Steffan's alerts are brought to you by Jarrod Steffan, Ph.D., a forensic and clinical psychologist based in Wichita, Kansas. For more information about Dr. Steffan, please visit his website.

March 25, 2011

Psychopathy: A Rorschach test for psychologists?

  • Compassion
  • Empathy
  • Impulsivity
  • Excitement-seeking
What do these personality traits have in common?

If you are high on any or all of them, you may be less likely to rate other people as psychopathic on the Psychopathy Checklist (PCL-R).

The PCL-R is the most widely used measure of psychopathy in the world. But in real-world forensic settings, scores vary widely depending upon which side retained the evaluator. This finding is called the "partisan allegiance" effect.

In a new twist, these same researchers that brought you partisan allegiance have found that an evaluator's personality may impact her judgments of psychopathy. Evaluators low on compassion and thrill-seeking as measured by a widely used personality test, the NEO Personality Inventory-Revised, are more likely than others to rate criminals as psychopathic.

That’s ironic, because according to the theory of psychopathy, it's supposed to be the psychopath -- not the psychologist -- who has a deficit in empathy.

The exploratory study, forthcoming in the journal Assessment, was based on a small sample of 22 individuals who were given nine hours of training by a clinical psychologist with substantial research and forensic practice experience with the PCL-R. "The daylong session was an attempt to replicate typical PCL-R training procedures," the study authors explain.

The researchers emphasize that their findings are preliminary and need to be replicated and extended. But if they hold up, they have intriguing implications not only for the psychopathy measure but also for other psychological tests with elements of subjectivity in scoring or interpretation.

The study did not examine the accuracy of the low versus high scorers. But if low-scoring evaluators are more empathetic, this implies that they may be more accurate in interpersonal assessment contexts.  

Subterranean class conflict?

Future research might examine class background, race and philosophical  beliefs to see if these influence scoring of the Psychopathy Checklist. In my informal observations, professionals who look for psychopaths under every rock tend to lack understanding of, or empathy for, those on the bottom.

Here's how that looks in practice:

The upper middle-class professional walks into the evaluation room, oblivious to the blinders and unconscious biases she brings to the table. Her subject, in contrast, is far from oblivious. With his more acute empathetic skills, the lower-class or minority individual accurately reads the professional's bias against him, which she transmits through nonverbal and other deniable cues. He also realizes that she holds all the power, and that her judgments will affect his future in very tangible ways.

He reacts with defensiveness, suspicion, or muted hostility -- especially if she is working for "the other side." But not recognizing his reaction as part of an interactional dance that she herself set in motion, the evaluator interprets his stance as evidence of intrinsic personality defect. She may see him as glib, superficially charming, conning, or manipulative -- all facets of Factor 1 (the personality dimension) on the Psychopathy Checklist.

In this interaction, all of the power belongs to the person who gets to do the labeling. Scoring and labeling the offender becomes a circular process through which the evaluator -- especially when primed by adversarial allegiance -- can  project her own class- or race-based prejudices, distancing herself from the evil other, while at the same time denying complicity. An obfuscating tautology is proffered as a simple explanation for complex and multi-determined antisocial acts.

There is more to the construct of psychopathy, of course. I focus here on its potential subjectivity because this is a facet that proponents rarely acknowledge, especially in public. Forensic experts owe a duty to explain the subjectivity of the PCL-R when it is introduced in court, where the label "psychopath" can be the kiss of death. When labeled as psychopaths:
  • Juveniles are more likely to face harsh punishment in adult court.
  • Sex offenders are more likely to be preventively detained.
  • Capital murder defendants are more likely to receive the death penalty.
So, the next time a promising young student proposes to study psychopathy or "the criminal mind," you might give her a gentle nudge in a more fruitful direction: Rather than treading this tired old path, she might contribute more to the field by studying the psyches of professionals who assign such diagnostic labels in the first place. 

March 23, 2011

Blogger seeking megabytes


Please bear with this brief solicitation: I use a free online data storage service called Dropbox. It lets me quickly and easily access files from my various work stations (such as blog posts in progress), and also share selected files and folders with colleagues, attorneys and students. Unfortunately, a gargantuan case I am involved in is using up all of my free space. Thus, this request: If you plan to start using Dropbox, please consider signing up via the link below. For each person who installs Dropbox using this link, your faithful blogger will get additional free storage. (You have to actually install the software on your computer, not just sign up for an account, in order for me to get the bonus megabytes.)


Thank you in advance; I appreciate your help!

March 22, 2011

Loughner update: Skirmishing over competency

Arguments over who, where, how and what of evaluation   

In federal court this week, the government and defense skirmished over the mechanics of evaluating the competency to stand trial of Jared Loughner, the suspect in January's high-profile shooting rampage in Arizona. This skirmish is likely to be the first of many involving Loughner's psychiatric state, a central issue in the case.


Who should conduct the evaluation?
  • Government: Bureau of Prisons staff should conduct the evaluation.
  • Defense: Outside mental health experts are more likely to be impartial. 
  • Court ruling: Bureau of Prisons will evaluate the defendant.

Where should the evaluation take place?
  • Government: Loughner should be evaluated at the federal Bureau of Prisons facility in Springfield, Missouri, a medical referral center with specialized forensic resources. In a memo, the chief of psychiatry for the Bureau of Prisons, Dr. Donald Lewis, said Springfield was the best facility for a competency evaluation, because it "has medical staff available for neurology and other organic testing, and has far more forensic staff and full-time psychiatrists available to provide round-the-clock assistance," according to an AP news brief.
  • Defense: Loughner should not be moved from his current federal prison housing in Tucson. He is "seriously ill," and moving him to Missouri could worsen his state and restrict his lawyers’ access, thereby impeding their efforts to gain his trust. The defense has also expressed concern that this move will facilitate prison officials' collecting and releasing private information to prosecutors.
  • Court ruling: Loughner will be sent to the federal prison in Springfield. 

How should the evaluation be conducted?

U.S. District Judge Larry Burns ordered that the evaluation will be videotaped and that the videos will be provided to both prosecutors and defense attorneys. It was not clear from news reports whether one side requested the videotaping, or whether the judge introduced this idea on his own.

What should the evaluation address?

One tricky area in assessing the competency of a defendant who may later plead insanity is that an incompetent defendant may make incriminating or otherwise unwise statements about the crime itself. In a competency assessment, evaluators have a duty not to probe into the defendant's mental state at the time of the offense, leaving that inquiry until the defendant is certified as competent and enters a plea of insanity. If a defendant blurts out information about the motivations for the offense, these should not be included in a written report on competency.

Loughner's attorneys expressed concern that with prison staff at the helm, a competency inquiry might expand into a review of Loughner's sanity. The federal court judge ruled that the scope of the exam must be limited to whether the defendant is competent to stand trial, not whether he was sane at the time of the shooting. However, the videotaping of the evaluation may make this difficult to achieve in practice, increasing the risk that information pertaining to Loughner's state of mind at the time of the crime will be prematurely revealed to prosecutors.

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