Midterm One Flashcards
Hugo Mustenberg
- On the Witness Stand - published in 1908
○ Eyewitness accuracy, confessions, suggestibility, hypnosis, crime detection, prevention of crime- But a less-than-ideal figure head
○ Arrogant, combative, self important
§ Inflated claims about validity of his science
○ Vain and loquacious
Influential in applied psychology
- But a less-than-ideal figure head
The M’Naughten Rule
Every man is to be presumed to be sane and… that to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason from, disease of mind and not to know the nature and quality of the act he was doing; or if her did know it, that he did not know he was doing what was wrong
Influential Canadian Cases
- R. vs. Hubbert (1975)
- Wenden v. Trikha (1991)
- R. vs. Oickle (2000)
- Impartiality of jurors (limitations on the press)
- Duty to warn for mental health professionals
- SSC rules police interrogation techniques acceptable and confession made with such as admissible
PSYCHOLOGY and LAW
Psychology emphasizes innovation and counterintuitive thinking
Law uses the stare decisis model and a conservative stance
Psychology is empirically based
Law has an authoritarian epistemology
Experimentally methodology
Adversarial process
Descriptive (what is)
Prescriptive (what ought to be)
Nonothetic focus
Ideographic focus
Probabilistic and tentative conclusions
Emphasis on certainty and irrevocable conclusions
Academic and Abstract orientation
Pragmatic and applied orientation
Proactive orientation
Reactive orientation
R. vs. Mohan (1994); 4 criteria (Mohan Criteria)
- Relevance
- Necessity
- Absence of any exclusionary rule
- Qualification of the expert
Police Selection Process
- Stage One
Job analysis stage
Define the knowledge, skills and abilities (KSAs) of a good police officer - Stage Two
Construction and validation
Find/develop measures for assessing KSAs
Job Analysis
- Determining KSAs
Surveys
Observation - Who to ask
Different characteristics listed by different individuals - Stable over time?
Success at training vs. success “on the job”
Patrol officer vs. police manager
Constructing & Validating Selection Instruments
- Goal is high predicative validity
- Measure of future performance… but when?
Graduating from training academy? Academy exam scores? Number of complaints against offer?
Early in career or later? - Issues with restriction of range of candidates
The Selection Interview
- Most common selection instrument
Typically semi-structured interview to assess KSAs - Relatively little literature on the predictive validity of police interview
Mixed results
More structured interviews -> higher predictive validity - Low inter-rater reliability
- Positive self presentation in face-to-face interviews
Increased risk for false positives but no reduction in false negatives
Cognitive ability tests
- Verbal, mathematical, memory and reasoning abilities
- E.g. RCMP Police Aptitude Test (RPAT)
- Better at predicting successful completion of police training than on-the-job performance
But still some predictive validity for job performance
Personality tests
- Most common are MMPI, CPI, and IPI
- Minnesota Multiphasic Personality Inventory (MMPI)
Little predictive validity for on-the-job performance
Some association with “problematic” behaviours
High L score associated with poor judgment in the field (under stress) - California Psychological Inventory (CPI)
More consistent relationship with on-the-job performance than police academy performance
“problematic” officers score lower on socialization self-control and sense of well-being - Inwald Personality Inventory (IPI)
Developed as law enforcement screening device
Better predictive validity than the MMPI
For supervisor ratings, citizen complaints, absences from work
Especially good predicting problematic/negative behaviours
Situational Tests
- Placing applicant in a simulated police situation
Evoke samples of behaviours
E.g. role playing exercises depicting common tasks like having to intervene in a dispute between a husband and wife
Have intuitive appeal, but have not been demonstrated to be superior to psychological tests
Plus, time-consuming and expensive
Use of Police Discretion
- The ability that allows (officers) to differentiate and discriminate between circumstances that require absolute adherence to the letter of the law and those occasions when a degree of latitude is justified based on the officers knowledge experience or instinct
Officers can-not/do-not/should-not enforce all laws all the time
Police discretion and youth crime
- In the United States -30-40% of youth crime handled informally
- In Canada discretion is actively encouraged when dealing with youths
Informal or formal warnings; involving parents and or social workers; arresting but releasing; referrals to community based programs
- In Canada discretion is actively encouraged when dealing with youths
Police discretion and offenders with mental illnesses
- Training to help identify if individual poses risk to self or others
- Options available:
○ Transport; arrest; informal resolution
○ Cdn studies: those with mental illness were arrested/charged more often than those with no known mental illness
Unclear which is the better option
- Options available:
Police discretion and domestic violence
- Historical trends
- Modern policies
○ E.g. B.C.’s violence Against Women in Relationships Policy - Arrest rates range from 12 to 40% of cases
○ Other responses include mediation, community, referrals and separation
Some studies suggest separation is used as often (or more often) than arrest
- Modern policies
Use of Force
- Police are allowed by force to use “as much” force as is necessary when acting on reasonable grounds to enforce the law
Reasonable grounds and as is necessary are ambiguous
The Case of Rodney King
- March 1991 in Los Angeles
- King pulled over for speeding
○ Later determined he was 2x over the legal limit
King taken to hospital due to his injuries
- King pulled over for speeding
Use of Force in Canada
- Police use of force in Canada is relatively rare but still shows some concerning trends
- Fatal encounters/deadly use of use
○ Increasing over the past 20 years, notable in the past 4 yeas
○ Black and indigenous people more likely victims
○ Mental health and substance abuse issues present in majority of cases
Black people also over-represented in lower levels of use of force
- Fatal encounters/deadly use of use
Departmental Policies
- Limiting the use of police force
- Used for many years and found to be effective
○ E.g. RCMP policy for use of tasers… only when individuals demonstrate “active resistance”
BUT… effectiveness is limited if not endorsed/enforced by all member of department
- Used for many years and found to be effective
Use-of-force continuum
- Train officers to assess and evaluate potential use-of-force situations
Teach officer to use force one step above suspect
Police body cameras
- Perceptions of body-warn cameras
○ More positive for the general public than for police officers- Impact on use of force complaints and incidents
○ Positive impacts
No impact or negative… increased force may be associated with officer discretion turning on/off BWC
- Impact on use of force complaints and incidents
Fitness-For-Duty Evaluations
- … a formal specialized examination of an employee that results from (1) objective evidence that the employee may be unable to safely of effectively perform a defined job and (2) a reasonable basis for believing that the cause may be attributable to a psychological condition or impairment. The central purpose of an FFDE is to determine whether the employee is able to safely and effectively perform his or her essential job functions
- Must be performed by qualified psychologists or psychiatrists
- Evaluator familiar with testing & evaluation in police psychology
- Interview, battery or psychological tests interview with supervisor, coworkers, family and past psychological and medical evaluations
Unfit for duty, unfit but treatable, no psychological diagnosis, invalid evaluations
Police Stress
- High stress job
○ For both officers and their families- Source of stress
○ On the job dangers?- Organizational stressors
- Occupational stressors
- Criminal justice stressors
Public stressors
- Source of stress
Suicide by Cop (SbC)
- Deliberatly provokes a lethal response from law enforcement
- Parent (1996)
○ 46% of officer-involved shootings are “victim-precipitated homicides” - Mohandie, Meloy, & Collins (2009)
○ 36% of North American officer-involved shootings are SbC - Bohl (1999)
○ SbC resulted in symptoms of PTSD (but symptoms mild and relatively short-lived)
- Parent (1996)
Managing Police Stress
- Most agencies have formal programs to combat police stress
○ Informal support networks
○ Physical fitness programs
○ Professional counseling services
○ Family assistance programs
○ Special assessments (FFDEs)- Are they effective?
○ Very few studies, small N-size, low quality trials, minimal data
Concluded we need more research
- Are they effective?
Past Techniques were coercive
- Whipping suspects, using a stun gun, prolonged periods of questioning with no sleep
Overt acts of coercion replaced with more subtle, psychologically-based interrogation techniques
The Reid Model of Interrogation
- 3-part process
1. Gather evidence & interview witnesses and victims
i. Fact analysis
2. Conduct non-accusatory interview with suspect
i. Also know as behavioural analysis interview (BAI)
ii. Assess deception
3. Conduct accusatory interview with suspect
9-step procedure
Accusatory Interview
- Confront suspect with quilt
○ Present evidence (even if it does not exist)
○ Talk in simplified terms (i.e. fires rather than arson- Allow suspect to justify, rationalize or excuse the crime (theme development)
○ Interrogator may even sympathize with suspect, say the victim was asking for it
○ Shift blame
○ *** be careful not to imply lowered moral responsibility equals lowered legal responsibility or lowered punishment - Interrupt any denials by suspect (handling denials)
○ Do not allow suspect to gain upper hand - Overcome suspect’s objections until they become quiet and withdrawn
○ Continue developing the themes - Reduce psychological and physical distance between interrogator and suspect
○ Make sure suspect doesn’t “tune out”
○ Insure they are receptive to the interview - Exhibit sympathy and understanding, urge suspect to “come clean”
- Offer “face saving” explanations for the crime
○ Self-incrimination easier
○ Presenting an alternative question - When suspect accepts responsibility for crime develop admission into a full confession
Have suspect write up and sign confession
- Allow suspect to justify, rationalize or excuse the crime (theme development)
Use minimization and maximization (Good/Bad cop)
Use minimization and maximization (Good/Bad cop)