Exam 2

Question 1

Jenkins v. United States (1962)

Answer 1

Allowed clinical psychologists to testify in court

Question 2

Frye Standard
Pros and cons

Answer 2

Expert witnesses are admissible if the practice is accepted in its respective field
PRO: Keeps out junk science, requires minimal scientific sophistication from judges
CON: keeps out novel techniques, methods, and theories; could be accepted and unreliable

Question 3

Prejudicial vs probative

Answer 3

Prejudicial- potential bias
Probative- proves a point or is useful

Question 4

Daubert v. Dow (1993)

Answer 4

Experts may testify about scientific knowledge to assist the jury in understanding the evidence or determining a fact at issue in the case (scientific validity & relevance)

Question 5

Daubert Criteria for admissibility

Answer 5

Four Factors
* Testing
* peer review
* error rates
* “acceptability” in the relevant scientific community

Question 6

Three ways expert testimony can be challenged

Answer 6

• Cross-examination
• Opposing expert
• Judicial instructions

Question 7

Main findings from Murrie et al., study

Answer 7

Adversarial allegiance is a threat to objectivity
Prosecution tends to have higher psychopathy findings in evaluations
Defense tends to have a lower score

Question 8

What is adversarial allegiance?

Answer 8

Affiliation can lead to bias and influence the expert’s thoughts, feelings, and behavior in favor of the affiliation

Question 9

What influences the credibility of expert testimony?

Answer 9

Dressing professionally, good eye contact, projecting, court familiarity, and maintaining composure.
*if local, actively practicing, testify for both sides, pro Bono, more credibility

Question 10

What are the components of effective expert testimony?

Answer 10

4 Cs
* Clarity- jargon free
* Clinical knowledge- not just research
* Case-specific- relevant
* Certainty- confidence, not arrogance

Question 11

Ethical considerations in expert testimony?

Answer 11

APA Ethical Principles (2002)
Competence (Staying within the scope of one’s practice)
Informed consent and confidentiality
Financial Arrangements
Avoid contingency fee relationships
Multiple relationships

Question 12

What is syndrome evidence?

Answer 12

A profile of symptoms, based on clinical experience, not research behaviors, and characteristics used to explain criminal behavior

I.e., battered woman syndrome, rape trauma syndrome, child sexual abuse syndrome
Affluenza (made up ish)

Question 13

What is psychopathy and what are some of the main characteristics outlined by Cleckley?

Answer 13

mental health condition characterized by persistent antisocial behavior, impaired empathy and remorse, and bold, disinhibited, and egotistical traits.

Cleckley: A psychopath can appear normal/engaging but wears a “mask” to conceal a mental disorder

Typical Characteristics:
Chronic behavioral deviance
Emotional- interpersonal deficits
Features of positive adjustment

Question 14

Psychopathy versus anti-social personality disorder

Answer 14

Most psychopathy → ASPD; but few ASPD → psychopathy

General psychopathy ~ 1%

DSM doesn’t include everything

Not distinct borders, overlapping

Question 15

Characteristics of the PCL-R

Answer 15

Hare Psychopathy Checklist-Revised
continuum, not an either-or
A score of 30+ indicates psychopathy
*based on white Canadians and Americans, must be adjusted culturally

Question 16

Primary versus secondary psychopathy

Answer 16

Primary: low anxiety (genetic predisposition)

Secondary: high anxiety, learned adaptive behavior in response to environmental adversity

Question 17

Psychopathy and aggression

Answer 17

Distinguished according to function
Instrumental (Proactive): violence with a clearly defined goal; planned (goal or reward)
Reactive: perpetrated our of emotion, prompted by provocation and negative affect; escape a threat (majority of violence)

Question 18

Psychopathy and five factor model personality traits

Answer 18

Openness
Conscientiousness (Very Low- Disinhibition)
Extroversion
Agreeableness (Very Low– antagonism)
Neuroticism

Question 19

Different explanations of psychopathic behavior in text

Answer 19

Triarchic Model of Psychopathy
Boldness- disinhibition- meanness

Question 20

What is the role of adaptive features in anti-social behavior?

Answer 20

To put on a mask; to perform as normal to not raise suspension
Manipulation

Question 21

Roll of psychopathy in the legal system

Answer 21

Increased since the 1990s

Assessment should be routine

Context: “Dangerous offender,” sexually violent predator,” capital sentencing hearings

Murrie et al. → adversarial allegiance

Prejudicial effect of the term on decision-makers

Question 22

Violence risk assessment: What is violence?

Answer 22

Actual, attempted, or threatened physical harm of another person that is deliberate and non-consenting.
Assessment to see if behavior suggests intention of violence or causes fear

Question 23

Court cases regarding violence risk assessment

Answer 23

Barefoot v. Estelle (1983) VRA admissible in court
O’Connor v. Donaldson (1975) must exhibit dangerousness
Schall v. Martin (1984) allows preventative detention with a high risk of future criminal conduct
Kansas v. Hendricks (1997), Kansas v. Crane (2002) SVP statutes and dangerousness determinations are constitutional
Tarasoff v. Regents of UC (1976) MH professionals have a duty to protect until public risk

Question 24

Difference between clinical, actuarial, and structured professional approaches

Answer 24

Clinical- informal, subjective, 1-3 Accuracy
Actuarial (ARAI) - formal. algorithmic, objective {VRAG and COVR); group stats, not individual representation
Structured professional judgments- formal but flexible, based on empirical literature, risk factors, actuarial with clinical judgment

Question 25

5 facets of VRA

Answer 25

(Hart, 2005)
Nature (sexual, domestic, or general)
Severity
Frequency
Imminence
Likelihood

Question 26

Static vs. dynamic risk factors

Answer 26

Static (unlikely to change)- history of past violence, young age, psychopathy, major mental disorder, history of substance abuse, Chronic employment instability
Dynamic (varies, can be influenced)- lack of insight, negative attitudes, psychiatric symptoms. behavioral and affective instability, and unresponsiveness to treatment

Question 27

What are protective factors?

Answer 27

reduces the likelihood of violence
does not guarantee no-violence
support, housing, employment, group affiliation, income, relationships

Question 28

Risk management vs. Risk assessment

Answer 28

Risk management accounts for and tries to mitigate risk or violence and reduce severity and rate of occurrence versus risk assessment is an analysis of the person’s capability for violence

Question 29

What factors make accuracy of risk assessment difficult

Answer 29

hard to follow up
differing definitions and measurements of violence
low base rate behavior
good at short-term predictions

Question 30

How do forensic psychologists communicate risk assessment findings?

Answer 30

In probability/ statistically speaking, n out of 100 people with similar backgrounds did x. (Frequency)
Categorical Risk levels
Risk management strategies