26 August 2010 Las Vegas Nevada Ann Duncan Hively PhD JD Wells Hively PhD wwwduncanhivelycom What Why Who Should Do It When Systematic objective description of psychological functioning of the accused ID: 797867
Download The PPT/PDF document "Assessing the Accused National Child Abu..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Assessing the AccusedNational Child Abuse Defense and Resource Center26 August 2010Las Vegas, Nevada
Ann Duncan-
Hively
, Ph.D., J.D.
Wells
Hively
, Ph.D.
www.duncanhively.com
Slide2What?, Why? Who Should Do It?, When?
Systematic, objective description of psychological functioning of the accused
To assist the attorney in decision making prior to conversation with prosecutor
Must use an expert who meets the Daubert standards
As early in the case as possible
Slide3Who Are the Accused?
According to Defense attorney:
People
According to the Prosecutor:
Profiles
Slide4Defense’s Assessment: An individual portrait in a distinctive family and community settingIn search of alternate explanations, motivations and misunderstandings
Prosecution’s Assessment: A description of how the individual fits a typical offender profile
In search of a convincing label and “method of operation”
Slide5Why prosecutors like profiles“Botanizing” the offenders makes prosecution of the accused convenient and righteousProfiles are compelling for jury and judge
What the defense can do
Use your own psychological assessment of defendant to blow holes in prosecutor’s assumptions
and/or
Use it to provide prosecutor with accurate information that can contribute to plea bargain or mitigation at sentencing
Slide6Child Molesters From the Prosecutor’s Viewpoint
Ken Lanning, FBI SSA (Ret.)
“Child Molesters: A Behavioral Analysis,” 2010
download from
http://www.missingkids.com
One man’s logical analysis, based on FBI Behavioral Analysis Unit experience
Comprehensive and complicated
Reference point for most prosecutors
Prosecutors use it as:
Guide to investigation
Guide to arguing the case to the jury
Slide7Situational-ImpulsiveRarely plans or collects souvenirs
Slide8Situational- Impulsive
Regressed:
low self esteem, poor coping ability, stressed,
Morally Indiscriminate:
Impulsive, no conscience
Inadequate:
Handicapped, not understand the norms, “exploring sexual interests.”
Slide9Preferential-Compulsive
Always collects souvenirs
Slide10Preferential – Compulsive Seductive:
groom their targeted victims
Inadequate
: hang around playground
Sadistic:
aroused by pain
Diverse:
“try-sexual”
Slide11SociopathsA special case
Slide12Child Pornography
Should Point and Click be an Offense?
Slide13Increasing numbers of casesRecent upsurge in charges because of improved efficiency of FBI “cookies”Use of “shills” to entice and entrap the regressed and/or impulsive candidateAdolescents and impaired persons are naïve and do not recognize collecting as an offense
Slide14Federal Child Pornography Laws18 U.S.C. 2256
Child Pornography: visual depiction of a person under 18 engaged in sexually explicit conduct (Includes “sexually suggestive” pictures)
18 U.S.C. 2251,2252,2252A
Illegal to:
Possess
Receive
Distribute
Produce
Slide15Child Pornography Offenders From the Prosecutor’s Viewpoint
A.E. Hernandez, Psy. D.
“Psychological and Behavioral Characteristics of Child Pornography Offenders in Treatment,”
Download from
www.iprc.unc.edu/G8/Hernandez_position_paper_Global_Symposium_.pdf
Hernandez is the lead author of the “Butner Study,” relating child pornography use to actual contact offenses, published in 2001. This article describes the original study and its follow-up through 2009.
Slide16The Butner Study155 men convicted for “possession, receipt or distribution” of child pornography interviewed in a voluntary, prison-based, treatment program 26% had documented history of “hands-on sexual act” 85% admitted “at least one hands-on sexual offense” by the end of treatment
Used as justification for harsh sentencing
Slide17It is easy to criticize the Butner studyEffects of “treatment” on findingsPrisoners learned the magic words and provided the investigators with what they wanted
Over-generalization of findings
Prison population a skewed “sample”
And remember:
Individual differences in child pornography viewers are huge
“Predisposition” is an unproven theory
Slide18You Should Almost Always Evaluate Accused Adolescents
Slide19Components of the Psychological Evaluation HistoryFamily, forensic , sexual, medical (especially head trauma)Cognitive Ability
How the client thinks, flaws in language competency
Present Emotional State
Anxiety, depression, thoughts of suicide, etc
Personality Structure
How the client typically deals with the world
Substance Abuse
It’s impact, if any, on all of the above, age of onset, types used
Current Sexual “Interests”
Risk
Of future violence
Of future sexual offending
Slide20Products of the Psychological EvaluationA narrative portrait of the clientDescribing both historical and current functioningSupported by links to multiple sources of objective information
A DSM-IV “diagnosis”
Couched in generally accepted psychological/psychiatric terms
Provided in a report for the defense attorney ,under work product privilege, to assist in preparing the case. The report may also be presented to the court if the attorney chooses to do so.
Slide21Format for the DSM-IV DiagnosisAxis I: Major mental illnessAxis II: Personality DisordersAxis III: Physical contributors
Axis IV: Environmental Factors
Axis V: Global Assessment of Functioning (range from 10 to 90, most commonly at 65 for mental health population)
(Diagnostic and Statistical Manual of Mental Disorders 4
th
Edition)
www.dsmivtr.org
Slide22Uses of the Psychological EvaluationTo help understand/manage your clientTo help counter the prosecutor’s assumptions about your clientTo help cross examine the prosecution’s expertsTo help unearth useful details for the defense strategy
To help negotiate/mitigate the sentence
Slide23Basics of Psychological Measurement
Think Daubert Standard
(Fed. R. Evd. 702)
scientifically reliable and relevant
Slide24Replicable Procedures (Following the Script)
Questionnaires Structured Interviews
Protocols “Objective Tests”
Slide25Why Follow a Script?Consistently EvocativeSome questions work better than others
Comprehensive
Covers all the bases
Equipped with double checks
For exaggeration, minimizing, lying, malingering
Slide26Replicable Results
Don’t fluctuate wildly and mysteriously
Psychologists say “reliable”
Correlate with important variables
Psychologists say “valid”
Attorneys say “meet the Daubert Standard”
Slide27Histories
Slide28Respected Structured Interviews and QuestionnairesEarly Developmental Family History
Various schools, child development centers and counseling services all
use these. They are very similar.
Forensic History
Greenberg Forensic History Questionnaire
Developed by S.A. Greenberg, U. of Washington (now deceased) unpublished, but available from
www.duncanhively.com
Sexual History
Clark Sexual History Questionnaire, Revised (SHQ-R)
www.mhs.com
Slide29Respected, Quick and Painless
Wechsler Abbreviated Scale of Intelligence (WASI)
Kaufman Brief Intelligence Test, 2
nd
Ed. (K-BIT)
Both available from
www.pearsonassessments.com
Slide30The Respected Personality Tests
Minnesota
Multiphasic
Personality Inventory, 2
nd
Edition (MMPI-2)
www.pearsonassessments.com
Caldwell Scoring
www.caldwellreport.com
Millon
Clinical
Multiaxial
Inventory, 3
rd
Edition (MCMI-III)
www.pearsonassessments.com
Slide31The “Famous” Rorschach Test
Rorschach Comprehensive System
Rorschach Interpretive Assistance Program (RIAP 5)
www.rorschachworkshops.com
www.rorschachtraining.com
www.r-pas.org
Slide32Psychopathy/Sociopathy
The Hare Psychopathy Checklist
www.hare.org
Slide33Substance Abuse
MAST/DAST
http://counsellingresource.com
SASSI-3/SASSI-A2
www.sassi.com
Slide34Sexual Interest: The Penile Plethysmograph
See Texas Department of State Health Services, Council on Sex Offender Treatment, “Use of the Penile Plethysmograph in Assessment and Treatment of Sex Offenders”
www.dshs.state.tx.us/csot
Slide35Sexual Interest: The Abel AssessmentAbel Assessment for Sexual Interest-2 http://abelscreening.com
For a simple description, see:
Wells Hively, Ph.D.“Fundamentals of the Abel Assessment”
www.duncanhively.com
For a recent technical review, see:
Evan S. Nelson, Ph.D. “Intro to the Abel Assessment of Sexual Interest” presentation to Virginia Sex Offender’s Treatment Association , March 2010
www.psylaw.com/uploads/ABEL_Assessment_for_VSOTA.pdf
Daubert hearings have been mixed, for example:
Appeals Court of Louisiana, U.S. v. Robinson 94 F. Supp. 2
nd
751 (W.D. La., 2000) found that the AASI did meet Daubert Standards
Appeals Court of Massachusetts, Ready v. Commonwealth (824 N.E. 2
nd
474) 2005 found that AASI did not meet Daubert Standards
Slide36Risk of Violence
Macarthur Study (2001)
www.macarthur.virginia.edu/risk.html
Level of Service Inventory (LSI-R)
www.assessments.com
Spousal Assault Risk Assessment Guide (SARA)
www.mhs.com
Danger Assessment (prediction of murder)
www.dangerassessment.org
Slide37Risk of Sexual Reoffending
Static 99, Stable 2007, Acute 2007
http://soraf.cyzap.net
http://www.publicsafety.gc.ca
(Search on Dynamic Supervision Project)
J-SOAP-II
http://www.csom.org/pubs/JSOAP.pdf
Slide38Lie Detection
American Psychological Association, “The Truth About Polygraphs”
www.apa/org/research/action/polygraph.aspx
Damphousse et al., “Assessing the Validity of Voice Stress Analysis”
www.ncjrs.gov/pdffiles1/nij/grants.219031.pdf
Neither technique is objective, reliable, or valid
Slide39TRY ASSESSING YOUR CLIENT
YOU MIGHT FIND IT HELPFUL