Forensic Psychology, 6e Canada Version By Joanna Pozzulo Solution Manual

INSTRUCTOR’S MANUAL Angela Book Brock University

FORENSIC PSYCHOLOGY Sixth Edition

Joanna Pozzulo Craig Bennell Adelle Forth

Contents Chapter 1: An Introduction to Forensic Psychology Chapter 2: Police Psychology Chapter 3: The Psychology of Police Investigations Chapter 4: Deception Chapter 5: Eyewitness Testimony Chapter 6: Child Victims and Witnesses Chapter 7: Juries: Fact Finders Chapter 8: The Role of Mental Illness in Court Chapter 9: Sentencing and Parole in Canada Chapter 10: Risk Assessment Chapter 11: Psychopaths Chapter 12: Assessment and Treatment of Young Offenders Chapter 13: Intimate Partner Violence Chapter 14: Sexual Offenders Chapter 15: Homicidal Offenders Appendix: Revel Shared Writing Questions and Sample Responses and Feedback

Instructor’s Manual for Forensic Psychology

1–1

CHAPTER 1 An Introduction to Forensic Psychology LEARNING OBJECTIVES   

LO 1: Identify some of the major milestones in the history of forensic psychology.

LO 2: Explain the roles and activities performed by forensic psychologists.

LO 3: Describe the function of expert testimony and the process by which judges assess its value.

OUTLINE An Introduction to Forensic Psychology  Forensic psychologists are interested in understanding people’s thoughts, feelings, and actions in a legal context. Generally, forensic psychology can be defined as a field of psychology that deals with all aspects of human behaviour as they relate to the law or legal system.  Portrayals of forensic psychology in the media often are inaccurate (see the description of media portrayals in the introduction to the chapter).

A Brief History of Forensic Psychology  The history of forensic psychology dates back to the late 1800s.  Early research in the area centered on eyewitness testimony and suggestibility. Some of the first experiments were conducted by Cattell at Columbia University, who demonstrated that people often were inaccurate at recalling everyday events.

Similarly, Binet published studies demonstrating that children are highly susceptible to suggestive questioning techniques (i.e., misleading questions). Stern also began conducting studies using a “reality experiment” paradigm, and found that eyewitness recall often was incorrect, and that emotional arousal has a negative impact on memory.  Around the same time, psychologists around the world began providing expert testimony surrounding issues such as the effect of pretrial publicity on witnesses (i.e., Schrenck-Notzing and retroactive memory falsification) and the susceptibility of children to suggestion (i.e., Varendonck), often making reference to experimental research.  Some suggest forensic psychology arrived in North America with Munsterberg’s On the Witness Stand (1908). In his book, Munsterberg detailed ways that psychology could assist the legal system, following criticisms that psychology was a fad for “cheating justice”. However, several scholars engaged in a counterattack (i.e., Wigmore’s “trial” of Munsterberg and his claims), and psychologists did not provide expert testimony in North America until 1921.  In the mid- to late-1900s, many theories of crime were being proposed. Generally, there are three categories of theories (see Box 1.1): - Biological theories emphasize the role that biology plays in explaining crime (i.e., constitutional theory, chromosomal theory, theory of lead exposure).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–2

-

 



Sociological theories suggest that cultural variables are important in explaining crime (i.e., strain theory, differential association theory, labelling theory).

- Psychological theories emphasize a range of individual difference variables in explaining crime (i.e., biosocial theory of crime, social learning theory, general theory of crime).

Classic U.S. court cases included State v. Driver (1921), People v Hawthorne (1940), and Jenkins v. United States (1962).

The field of forensic psychology is believed to have begun in Canada around the mid1900s. Canadian psychologists have made many important contributions to the field since then (see Figure 1.1), and in particular within the area of corrections (see Box 1.2 featuring the work of Dr. Stephen Wormith).

Forensic psychology now is an established discipline, recognized by the American Psychological Association, complete with multiple high-quality textbooks on forensic psychology, academic journals, professional associations to promote research and practice (i.e., APLS, the Criminal Justice section of CPA), and a growing number of graduate training programs in Canada.

Forensic Psychology Today  Much debate exists over how forensic psychology should be defined in modern times.

Currently, there is no generally accepted definition of the field, and debate continues surrounding narrow or broad definitions.  A narrow definition is precise and tends to focus on practical application, yet it excludes aspects of the profession (i.e., only those engaged in clinical practice would be permitted to call themselves forensic psychologists). In contrast, a broad definition attempts to include all aspects of the discipline, focusing on practical application as well as the research needed to inform applied practice.

The Roles of a Forensic Psychologist  Forensic psychologists play many different roles, although all are interested in issues that concern the interaction of psychology and the law.  Clinical forensic psychologists focus on mental health issues as they apply to the legal system. They may engage in both research and practice (i.e., risk assessments, police personnel selection, offender treatment) in a variety of settings (i.e., prisons, hospitals). Qualifications for a licence to practice clinical forensic psychology vary across Canada, however at least a Masters’ degree in psychology is required in each province.  Experimental forensic psychologists engage in research regarding human behaviour in relation to the legal system (i.e., effectiveness of risk assessment, factors that influence jury decision-making, developing better ways to conduct eyewitness lineups). Qualifications involve Ph.D.-level graduate training in psychology and research in the forensic area.  In contrast, a legal scholar may focus on analyses of mental health legislation and psychologically based legal movements. Qualifications to be a legal scholar include a Ph.D. in psychology and typically an L.L.B. in law. Movements in Canada include the development of SFU’s Psychology and Law program, as well as the Mental Health Law and Policy Institute (MHLPI).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



1–3

Several disciplines overlap with forensic psychology (i.e., forensic psychiatry) and others are often confused with it (i.e., forensic anthropology, forensic biology, forensic odontology, forensic pathology, forensic toxicology; see Box 1.3).

The Relationship between Psychology and Law  Psychology and the law can interact in three ways: psychology and the law, psychology in the law, and psychology of the law (Haney, 1980).

- “Psychology and the law” refers to the use of psychology to examine the operation of the legal system and assumptions made within that system. For example, a psychologist may conduct a laboratory study to determine whether a particular type of police line up results in accurate identifications.

- “Psychology in the law” is the use of psychological knowledge in the legal system as it currently operates. For example, a parole board may use a psychologist’s report when deciding whether to release an offender, or a police officer may apply psychological knowledge within their investigations.

- “Psychology of the law” refers to the application of psychology to study the law itself. For example, a psychologist might attempt to determine why some people obey the law while other people do not, or how court rulings should impact the field of forensic psychology (see Box 1.4).

Modern-Day Debates: Psychological Experts in Court  The expert witness’ role is to assist the trier of fact by providing his or her opinion based on his or her specialized knowledge (Cutler & Kovera, 2011). The fact that experts are allowed to testify about their opinions in court is what separates them from regular witnesses. An expert is also expected to be an educator and not an advocate for the prosecution or defence.  Difficulties in providing expert testimony often arise, due in part to the inherent differences between psychology and law (Hess, 1999). These differences include epistemology (objective versus subjective truths), nature of law (descriptive versus prescriptive), the manner in which knowledge is obtained (cumulative research versus case precedent), the methodology used to investigate truth (nomothetic versus idiographic), criterion (statistical versus single-case evidence), principles of law (considering alternative explanations versus convincing others of one correct explanation), and latitude (restricted behaviour of experts versus lawyers).  To be considered by a judge or jury, expert testimony must meet specific admissibility criteria.

- One set of criteria in the United States is referred to as the “general acceptance test” (Frye v. United States, 1923). This test requires that testimony be based on scientific principles that are generally accepted within the scientific community.

- More recently in the United States, the Daubert criteria have been proposed (Daubert v. Merrill Dow Pharmaceuticals Inc., 1993). According to Daubert, expert testimony must: (1) be given by a qualified expert, (2) be relevant, and (3) be reliable (i.e., valid). According to Daubert criteria, scientific evidence is considered valid if the following criteria are met: (1) the research has been peer reviewed, (2) the research is testable, (3) the research has a recognized rate of error, an (4) the research adheres to professional standards.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–4

-



In Canada, the admissibility of expert testimony is based on criteria outlined in R. v. Mohan (1994). According to these guidelines, testimony is admissible if it: (1) is relevant, (2) is necessary, (3) does not violate any exclusionary rules, and (4) comes from a qualified expert.

- More recently, the Supreme Court of Canada ruled that experts must also be independent and impartial (White Burgess Langille Inman v. Abbott and Haliburton Co., 2015).

Although such criteria may make it easier for judges to decide what testimony to allow in court, it is still problematic in that it is subjective and is highly dependent on the discretion of the judge (see Box 1.5).

SUGGESTED LECTURE ACTIVITIES NOTE: Instructors also can refer to Shapiro and Walker’s (2013) chapter on New Directions in Teaching Forensic Psychology (reference below) for additional ideas and direction throughout the course.

A Brief History of Forensic Psychology  Describe early research in forensic psychology (e.g., research conducted by Cattel [1895] or Stern [1901]). Ask students to discuss the strengths and weaknesses of the research design employed and get them to think about how they could conduct research of higher quality.  Conduct a reality experiment in class with several student confederates and have the remaining students attempt to recall information about the event. Discuss the results.  Divide students into three groups and assign each group to one of the major categories of crime discussed in this chapter (biological, sociological, and psychological). Have each group discuss the strengths of their theory to the rest of the class and debate potential weaknesses.

Forensic Psychology Today  Ask students whether they prefer a narrow or broad definition of forensic psychology and get them to explain why.

The Roles of a Forensic Psychologist  Conduct a quick search of psychology faculty members in forensic psychology across Canada. Choose approximately 5 examples to describe to the class, including who they are, what they do, and any other relevant details. Ask the class to categorize these professionals as to whether they would fit into the clinician, experimental, or legal scholar categories of forensic psychologist.

The Relationship between Psychology and the Law  Define psychology and the law, psychology in the law, and psychology of the law to your students. Split them into three groups and have them generate activities that correspond to one of these three relationships.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–5

Modern-Day Debates: Psychological Experts in Court  Based on Hess’s (1987, 1999) seven differences between psychology and law, ask students to discuss some obstacles that a psychologist may face in their role as an unbiased expert witness. Have students discuss how an expert may overcome these obstacles and what systematic changes could be made by the legal system to prevent these problems.  Provide an example of eyewitness expert testimony (use one of the early court cases, such as Schrenck-Notzing’s testimony discussed in the textbook). Divide students into three groups (one group represents the prosecutor, another the defence, and the third will be judges). Ask the prosecution group to argue that the testimony would meet the Mohan criteria, ask the students representing the defence to argue against the testimony, and ask the judges to make the final decision and discuss their reasoning.

SUGGESTED READINGS Bartol, C. R., & Bartol, A. M. (2008). Current perspectives in forensic psychology and criminal behavior. Thousand Oaks, CA: Sage Publications, Inc. Billick, S. B., & Martell, D. A. (2013). Forensic psychiatry and forensic psychology. In D. H. Ubelaker (Ed.), Forensic science: Current issues, future directions (pp. 211223). West Sussex, UK: John Wiley & Sons.

Goldstein, A. M. (Ed.). (2006). Forensic psychology: Emerging topics and expanding roles. New York, NY: John Wiley & Sons.

Heilbrun, K., & Holiday, S. B. (2013). Psychological assessment in forensic contexts. In K. F. Geisinger, B. A. Bracken, J. F. Carlson, J.-I. C. Hansen, N. R. Kuncel, S. P. Reise, M. C. Rodriguez (Eds.), APA handbook of testing and assessment in psychology; Volume 2: Testing and assessment in clinical and counseling psychology (pp. 271-284). Washington, DC: American Psychological Association.

Hess, A. K., & Weiner, I. B. (Eds.). (2005). The handbook of forensic psychology (3rd ed). New York, NY: John Wiley & Sons.

McKimmie, B. M., Newton, S. A., Schuller, R. A., & Terry, D. J. (2013). It’s not what she says, it’s how she says it: The influence of language complexity and cognitive load on the persuasiveness of expert testimony. Psychiatry, Psychology and Law, 20, 578-589.

Shapiro, D. L., & Walker, L. E. A. (2013). New directions in teaching forensic psychology. In M. B. Gregerson, H. T. Snyder, & J. C. Kaufman (Eds.), Teaching creatively and teaching creativity (pp. 101-115). New York, NY: Springer.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–6

SUGGESTED ONLINE VIDEO RESOURCES 1) Forensic Psychology: The Real World of CSI (2009). Dr. Jeffery Kieliszewski from Human Resource Associates presents on his experience in the criminal justice system as a forensic psychologist (1:22:56).

Available on YouTube 2) What is an Expert Witness? (USLawEssentials). This video describes the differences between fact and expert witnesses (2:35).

Available on YouTube NOTE: You also could use a misleading video about Forensic Psychology to identify how influential media perceptions have been in terms of what forensic psychology is perceived as relative to what it really IS. Example video that is highly inaccurate: Forensic Psychology Salary (2011).

Available on YouTube

SUMMARY OF COURT CASES R. v. Hubbert (1975) Facts:  Hubbert was charged and convicted of murder while under the supervision of a Lieutenant-Governor warrant.  The fact that the defendant was under the care of the Penetanguishene Mental Health Centre at the time of the murder came out during the trial.  The defendant pleaded not guilty and argued that he did not receive a fair trial because the jury was biased by his previous incarceration at the hospital for an unrelated incident.

Summary: The defense lawyer believed that the jury would most likely be biased against Hubbert due to his status as a patient of Penetanguishene. Therefore, he requested that a psychiatrist give expert testimony regarding the likelihood that the jury would convict his client based upon his mental health status, and the nature of the murder, not upon evidence. The trial judge did not allow the psychiatrist’s opinion. After Hubbert was convicted, the case was appealed to the Ontario Court of Appeal; the judge ruled that the psychiatrist would not have had the expertise to determine whether the knowledge of Hubbert’s past incarceration at Penetaguishene would have biased the jury. He also ruled that whether the jury would be biased was irrelevant according to the instructions given to jurors by the judge, “to base their decision upon the evidence presented”. The judge further iterated that the court could not concern themselves with individual personality characteristics of jurors, but rather the courts responsibility is to ensure that jurors are properly instructed how to fulfill their responsibilities. The defense appealed to the Supreme Court of Canada. The appeal was dismissed and Hubbert served a minimum sentence of 15 years.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–7

R. v. Sophonow (1986) Facts:  At his second trial, Sophonow was wrongfully convicted of murdering Barbara Stoppel, a young waitress in Winnipeg, Manitoba. The verdict was appealed on the grounds of judicial errors and over reliance on eyewitness evidence.  Dr. Elizabeth Loftus testified during the inquiry and noted the fallacies associated with eyewitness evidence which were heavily relied upon by the prosecution throughout the trial.  The conviction was overturned and, in 2000, a public apology was made to Sophonow for the undue hardship he endured over the course of the inquiry.

Summary: This case questions reliance on eyewitness testimony within the court system.

Although Sophonow had a credible alibi, it was ignored in favour of extremely flawed eyewitness accounts. For example, Sophonow was arrested on the basis of photo identifications by two witnesses, and a police sketch based on the witness descriptions, among other factors. At Sophonow’s first trial, the jury was unable to make a decision and at the second he was convicted of first-degree murder. An appeal was granted, and a third trial was ordered. At the third trial, the Crown presented evidence of C., a prisoner who had testified at the second trial that Sophonow had confessed to him. The Crown also had one witness comment on the build and hand size of Sophonow while remarking on the fit of a glove allegedly worn by the culprit. Sophonow was eventually acquitted on the basis that the judge failed to indicate to the jury members the frailties of identification evidence or that caution needs to be taken when convicting on eyewitness identification.

The judge also erred in not allowing Sophonow’s alibi as evidence, and in permitting the statement of C., whose pending criminal charges were subsequently stayed after his testimony was given. In addition, it was determined that the conviction was unwarranted as the eyewitness evidence was of such an equivocal nature that it was unsafe to rely upon.

R. v. Lavallee (1990) Facts:  Lavallee shot her abusive husband after being threatened by him “to kill him or he would kill her”.  There was considerable evidence that the accused was a victim of domestic violence.  The defendant claimed self defence.  A psychiatrist submitted testimony in support of the defendant based upon subjective interviews and police reports.

Summary: After being found not guilty for killing her abusive husband the crown appealed to the Manitoba Court of Appeal arguing that Lavallee’s psychiatrist gave testimony that was based upon personal interviews with the accused, the police and her mother. At issue was the fact that the jury was not adequately warned that the doctor’s testimony was based upon subjective evidence. Additionally, the jury was not instructed to give the same amount of credence to the medical testimony than to the other evidence presented in court. The Crown was successful and a new trial was ordered. The defense appealed to

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–8

the Supreme Court of Canada, which in 1990 set aside the order from the Manitoba Court of Appeal and restored the acquittal. The Supreme Court decision also included principles to guide decisions about expert testimony in cases of battered women.

Wenden v. Trikha (1991) Facts:  Trikha was involved in a motor vehicle accident in which Wenden was injured.  The appellant was under the care of a psychiatrist at the time of the accident and was experiencing psychotic and depressive symptoms.  Wenden attempted to hold the psychiatrist and the hospital responsible for the damages incurred.  Damages were awarded to the plaintiff, but the doctor and hospital were not found liable.  Trikha was found liable for negligence, but not criminally responsible due to his psychiatric condition.

Summary: Wenden was struck by Trikha’s vehicle and suffered substantial neurological and psychological injuries as a result. Trikha argued that he was driving his car radically and couldn’t conceive the consequences of his behaviour due to his psychotic disorder. At issue in this case was the duty of care the psychiatrist and hospital have to reasonably perceive that Trikha would be a danger to others. The Alberta Court of Queen’s Bench ruled that the doctor and hospital were not responsible because they had provided an appropriate level of care according to the behaviour Trikha was exhibiting at the time of being treated. The court also denied Wenden damages for her in-vitro child because the fetus had not suffered medically as a result of the accident, and the care Wenden was unable to provide to her baby after it was born, following the accident, was too remote to be connected to the accident. The plaintiff and the respondent (Trikha) appealed their decisions to the Alberta Court of Appeal. Both cases were dismissed. The plaintiff then appealed to the Supreme Court of Canada. The case was dismissed with costs awarded to Wenden.

R. v. Swain (1991) Facts:  Swain was found not criminally responsible due to mental illness on the charges of assault and aggravated assault on his wife and child.  Before the trial began, the defendant received treatment for his psychotic delusions and substantially improved.  The defence appealed the not criminally responsible verdict to the Ontario Court of Appeal on the following grounds: 1) the Crown erred in law by raising the issue of insanity during the trial, without the consent of the accused, and 2) he (the defence lawyer) was not permitted to attend, or to make submissions before the Advisory Review Board (a hearing to assess and advise the Lieutenant Governor regarding the sanity and the level of risk the appellant represented to society).  The Ontario Court of Appeal dismissed the appeal; the defence appealed to the Supreme Court of Canada. However, before the Supreme Court heard the case, the Lieutenant Governor released Swain and granted him an absolute discharge.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–9

Summary: This case challenges Canada’s Constitution and the Charter rights of persons pleading the insanity defence. During his psychotic episode, Swain believed that his family was being attacked by demons and he had to protect them by performing certain acts, which included the use of violence. The defence lawyer argued that the mandatory detention in a mental health facility violated his client’s Charter rights and places the onus on the defendant to prove he is no longer a threat to society. The Supreme Court agreed. As a result of this case, the Supreme Court struck down the provision for automatic, indefinite detention of an NCR accused on the basis that it violated the defendant’s s. 7 liberty rights. However, since Swain was already released, a judicial stay of proceedings was entered. With regard to the admissibility of the crown presenting evidence that the accused was insane, the Supreme Court argued that it raises issues of fairness and could potentially bias a jury due to the stigma attached to mental illness. It held that questioning the sanity of the defendant could sway the jury to convict a person based upon a perception that the crime fits with commonly held biases regarding the type of person who is most likely to have committed that crime (a person who is insane), not whether the evidence substantiates a conviction. Furthermore, the Supreme Court agreed that allowing the Crown to present evidence supporting the defendant’s insanity violates their rights to actively participate in their defence because once a label of mentally ill is attached to the defendant, their credibility is questioned and they are considered unable to make rational decisions.

R. v. Levogiannis (1993) Facts:  Levogiannis was charged with sexual interference after sexually assaulting a young boy.  After a psychologist testified that the victim was experiencing substantial fear of the assailant and, in his opinion, the child would be unable to give a frank and honest account of the assault in court, the judge ordered a screen be used during the trial. The child gave his testimony while his view of the appellant was blocked.  The appellant argued that the presence of the screen violated his charter rights.

Summary: Levogiannis appealed his conviction for sexual interference to the Ontario Court of Appeal. The defendant argued that the presence of the screen violated his section 7 and 11 rights under the Canadian Charter of Rights and Responsibilities, which grants persons the right to be presumed innocent until proven guilty and the right to a fair trial.

Levogiannis stated that the presence of the screen biased the judge by causing him to appear to be guilty. Furthermore, he believed that the screen interfered with the court’s ability to fully cross examine the victim. However, the Appeal judge ruled that because the screen only blocked the child’s view, and everyone else in the court including the defendant could face the complainant, the use of the screen did not violate the accused charter right to a fair trial. Concerning the right to be presumed innocent, the Ontario Court of Appeal judge ruled that the screen did not influence the judge’s opinion. The case was appealed to the Supreme Court of Canada. Levogiannis’ conviction was upheld and his appeal was dismissed.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–10

R. v. Mohan (1994) Facts:  Mohan, a paediatrician, was charged with sexual assault of four teenage patients.  As part of Mohan’s case, the defence wanted to provide expert testimony from a psychiatrist on how Mohan did not fit the ‘type’ of person who would commit such an offence.  The judge ruled that the testimony was inadmissible.  On appeal, the Supreme Court of Canada agreed, and established the admissibility standard for expert testimony.

Summary: During trial, Mohan’s defence attempted to provide expert testimony from a psychiatrist, Dr. Hill. Dr. Hill intended to testify that Mohan could not be the perpetrator of sexual assaults against several of his teenage patients, as the true perpetrator would belong to a group of unusual individuals, and Mohan did not fall within this group (i.e., he did not possess the characteristics that were indicative of this type of individual). At a voir dire, the trial judge ruled the evidence would not be admitted. On appeal, the Supreme Court of Canada upheld Mohan’s conviction and established the Mohan criteria, outlining the admissibility standard for expert testimony within Canadian courts. The criteria include: the testimony must be necessary to provide additional relevant information to the judge and jury, the evidence presented must be relevant, the evidence must not violate any rules of exclusion, and the testimony must be provided by a qualified expert.

R. v. Williams (1998) Facts:  Williams, an Indigenous male, was charged with robbery and pleaded not guilty.

Subsequently, he chose to be tried before a jury.  The trial judge did not allow the defense to question jurors in order to determine if they held prejudicial views against indigenous peoples.  The accused argued that someone else had committed the robbery and that the presence of discrimination against indigenous people biased the jury.

Summary: This case serves as an indication of whether jurors can be questioned as to any preexisting racial biases towards the defendant that may adversely influence their impartiality as jurors. At William’s first trial, the judge allowed questioning of potential jurors; however, the Crown successfully claimed a mistrial in part due to the high publicity of the jury selection process. During William’s second trial, the judge dismissed the accused’s request to challenge the jurors in an attempt to determine whether or not they held any biases toward the defendant as an Indigenous person. In addition, the judge failed to inform the jury that they must disregard any bias or prejudice they possessed toward Indigenous peoples. On appeal at the Supreme Court of Canada, it was held that the jury pool should consist of those who can serve impartially, and that in instances where the defence can show that a possibility of partiality exists, they should be permitted to question the jury. It was concluded that numerous types of juror prejudice could have influenced William’s conviction, thus the appeal was allowed and a new trial was ordered.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–11

R. v. Gladue (1999) Facts:  Gladue, an Indigenous woman, was charged with the manslaughter of her common law husband.  She pled guilty and was sentenced to three years imprisonment by the sentencing judge who gave no special consideration to the accused’s Indigenous background.  On appeal, the Court of Appeal for British Columbia dismissed the appeal as the sentence was seen as fitting, but the points in the official decision of the court broadened the application of s. 718.2(e) to Indigenous people that were nonreservation and non-status.

Summary: Gladue had been celebrating on her 19th birthday and drinking heavily. She had suspected her common law husband of infidelity with her sister. Upon seeing them leaving her house, she got into an argument with the victim and accused him of infidelity with her sister. He made a number of inflammatory and provoking remarks. Shortly after the argument began, the victim fled the townhouse that they lived in. The accused chased after him and stabbed him in the chest. There was also evidence that she had stabbed him in the arm before he left their home. She pled guilty at the hearing and the judge took in mitigating circumstances (she showed remorse, had been provoked, was a mother with ties to the community) as well as aggravating circumstances (she had made remarks that showed she had planned to harm the victim before the argument, chased after the victim after victim tried to flee). At sentencing, the judge did not take into account s. 718.2(e) as the victim did not live on a reservation. On appeal, the higher court dismissed the appeal, but in their decision stated that s. 718.2(e) applies to reservation and non-reservation Indigenous people, status and non-status Indigenous people, as well as Métis and Inuit, therefore broadening the applicability of s. 718.2(e).

R. v. DD (2000) Facts:  This case highlights the challenges with applying the Mohan criteria within the court system.  It was a case of sexual abuse where the abuse went unreported for 2.5 years. The defense felt that this suggested that the accusation was not truthful and the Crown introduced expert testimony from a child psychologist to explain that delays in reporting happen for many reasons that have nothing to do with being untruthful.  The trial judge admitted the evidence, but on appeal, the court argued that the testimony was not necessary and a new trial was ordered without expert testimony.  The Supreme Court of Canada upheld this decision, though there was disagreement amongst the justices.

Summary: A young girl claimed that she was sexually assaulted several times but did not report the assaults until 2.5 years after the incidents. The defense claimed that this delay indicated that the accusation was not truthful. The Crown arranged for a clinical psychologist to provide expert testimony on how delays do not necessarily relate to the

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–12

truthfulness of the accusation and that there are many reasons for children to delay reporting of such incidents. The trial judge did admit the expert testimony into evidence and the accused was found guilty in a trial by jury. On appeal, however, it was determined that the expert testimony should not have been admitted into evidence because it was not relevant to the case and also that it was not necessary for assisting the jury in their decision making. A new trial was ordered and the expert testimony was disallowed in that trial. The Crown decided to appeal the decision to disallow the expert testimony. The Supreme Court of Canada hear the appeal and upheld the ruling of the appeals court (4 to 3). So not only did the trial judge have a different opinion from the appeals court, the Supreme Court justices disagreed amongst themselves. This case highlights the disagreement that exists with regard to when expert testimony is necessary and/or relevant.

R. v. Oickle (2000) Facts:  Oickle was found guilty on 7 counts of arson after he confessed.  The Nova Scotia court of Appeal disallowed his confession and he was acquitted.

Summary: The crown argued that the appeal judge erred in law when he did not allow the confession to be entered as evidence. According to procedural fairness, only voluntary confessions can be submitted as evidence. That is, the confession has to have been obtained without any threat, coercive or implied, and without promise of special consideration or receiving benefits. During the polygraph test and the interrogation that Oickle underwent, the police officers used coercive methods to obtain a confession. For example, after the polygraph test was completed the officer told the defendant he had not passed the polygraph and that family members and friends would respect him for confessing. Additionally, during questioning the police implied that he (the officer) was probably his best friend at the moment. The judge believed that each tactic by itself was not sufficient to be considered coercive, however when considering the entirety of the officer’s behaviour there was sufficient reason to believe that the defendant could have believed that he had something to gain by confessing and therefore was manipulated into confessing. The crown appealed to the Supreme Court, which disagreed. Oickle’s conviction was restored.

R. v. L.T.H. (2008) Facts:  L.T.H. was a youth with a learning disorder arrested for dangerous driving causing bodily harm. He waived his rights and provided a statement without counsel that showed guilt.  The trial judge ruled the accused’s statement as inadmissible because it conflicted with the requirements set out under s. 146(2)(b) and s. 146(4) of the Youth Criminal Justice Act.  The Nova Scotia Court of Appeal overturned the acquittal and ordered a new trial.  The Supreme Court of Canada overturned the decision of the Court of Appeal and restored the acquittal.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

1–13

Summary: Upon L.T.H.’s arrest, the police informed the accused of his rights during which the accused interrupted the police stating he would not answer any questions. The police informed him that he needed simply to answer yes or no as to whether he understood his rights after which the accused waived his rights and gave a statement showing guilt without counsel present. At a voir dire to determine the admissibility of the statement, the accused’s mother testified that L.T.H. had a learning disorder and required questions to be explained to him. The trial judge ruled the accused’s statement as inadmissible as it violated s.146(2) of the Youth Criminal Justice Act. The Court of Appeal overturned the acquittal. The Supreme Court of Canada ruled unanimously with the trial judge, reinstating the acquittal. The statement of the youth was inadmissible because under s.146(2) it is the burden of the Crown to prove not whether the youth understood his/her rights, but that the language was “appropriate to the particular young person’s age and understanding.” This is considered to be an objective test rather than a subjective one.

Ewert v. Canada (2018) Facts:  Jeffrey Ewert sued the Correctional Service of Canada (CSC) for use of culturally biased risk assessment tools with Indigenous offenders, which he said affected his rehabilitation.  The trial was not successful but the courts found that the CSC was not in compliance with the Canadian Charter of Rights and Freedoms or the Corrections and Conditional Release Act.  The court ruled that the CSC must cease using risk assessment tools with Indigenous offenders until they were properly validated and deemed culturally unbiased. The judge also order a “remedies hearing”.  The Federal Court of Appeal overturned the decision (Canada v. Ewert, 2016), ruling that the evidence was not sufficient to conclude that the risk assessment instruments were less reliable/accurate with Indigenous offenders.  The Supreme Court of Canada dismissed the Charter arguments but the majority of justices agreed that the CSC had breached its obligations under the CCRA (Ewert v. Canada, 2018).

Summary:  The Ewert case highlights the importance of conducting research into the validity and reliability of risk assessment measure in diverse samples, especially given that the factors predicting recidivism are not necessarily identical for Indigenous and non-Indigenous offenders. They proposed that culturally relevant risk factors should be explored. Importantly, justices were disappointed that the overrepresentation of Indigenous persons in the correctional system was worsening rather than improving and they linked the used of biased assessment tools to this problem.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

2–1

CHAPTER 2 Police Psychology LEARNING OBJECTIVES     

LO 1: Outline the major steps in developing a valid police selection procedure.

LO 2: Describe the various instruments that are used to select police officers.

LO 3: List some key decisions in policing that require the use of discretion.

LO 4: Outline some of the major sources and consequences of stress in policing.

LO 5: Describe various strategies for dealing with police stress.

OUTLINE Police Selection  Police selection is the process by which police agencies screen out applicants with undesirable qualities or select in those with desirable qualities. Typical qualities assessed include physical fitness, cognitive abilities, personality, and job-related abilities.  Police selection techniques have been employed since the early 1900s. In 1917 the Stanford-Binet intelligence test was used and applicants who scored under 80 were screened out. In the 1940s, personality tests were beginning to be used to predict police officer performance and by the 1950s psychological and psychiatric screening procedures were standard in many agencies. Currently, higher educational requirements and formal cognitive and personality tests are part of the standardized process.  Currently, police forces across Canada use formal procedures for selecting officers.

Every police force conducts background checks and requires medical exams and most forces require cognitive and personality tests. In general, the same selection procedures are used by police agencies across Canada, although slight differences do exist (e.g., whether or not a polygraph is required). See Box 2.1 for a description of the member selection process in the RCMP. Developing Police Selection Instruments  There are two general stages in the police selection process: (1) conducting a job analysis and (2) construction and validating selection instruments.

- Job analysis is usually conducted by an organizational psychologist, and involves a procedure that defines the knowledge, skills, and abilities (KSAs) that make a good police officer. However, research suggests that there may not be a single set of KSAs that are desirable. For example, desirable KSAs may vary across positions in a police force (Ainsworth, 1993). In spite of these issues, research indicates agreement on some KSAs. These include honesty, reliability, sensitivity, communication skills, motivation, problem-solving skills, and being a team player (Sanders, 2003).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

-

2–2

Construction and validation requires the development of instruments to measure the presence of relevant KSAs in applicants (construction) and ensuring the instruments developed are related to future police officer performance (validation). Validation measures commonly focus on predictive validity, which concerns the extent to which the selection instrument accurately predicts job performance. Difficulty in validation arises when deciding what performance measure to use. Measures often used include punctuality, complaints, or commendations. However, there is currently no research that identifies which measures are the best indicators of job performance.

The Validity of Police Selection Instruments  The selection interview is one of the most commonly used police selection instruments. Generally, these interviews are semi-structured in an attempt to ensure objectivity in the selection process (Gowan & Gatewood, 1995). The goal of the interview is to determine if the applicant has the desired KSAs, as identified in a job analysis. Research concerning the predictive validity of selection interviews is mixed .  Psychological tests are also often used for police selection purposes and include cognitive ability tests and personality tests.

- Cognitive ability tests are designed to measure constructs such as memory, logic, observation, and comprehension. These types of tests are used frequently in Canada, such as the RCMP’s Police Aptitude Test. Research indicates these tests are better at predicting police training performance rather than performance while on the job (Hirsh, Northrop, & Schmidt, 1986). Personality factors may also play a role in on the job performance, which may be why it is difficult to predict future performance by only taking into account one’s cognitive abilities.

- Personality tests measure aspects of personality. Although not originally designed for police selection purposes, the Minnesota Multiphasic Personality Inventory (MMPI) is the most common personality test used in the selection process (Cochrane, Tett, & Vandecreek, 2003). This test identifies psychopathologies, such as schizophrenia and depression. The MMPI is moderately able to predict police officer performance (Sanders, 2003), and has been found to predict problematic police behaviours through assessment of the MMPI-2 Lie Scale (Weiss et al., 2013). The Inwald Personality Inventory (IPI) was developed for law enforcement to identify applicants best suited for police work. It measures personality attributes and behaviour patterns such as stress reactions and interpersonal difficulties. Research indicates that the IPI has slightly better predictive accuracy than the MMPI (Aamodt, 2004).  Assessment centres are facilities where the behaviour of police applicants can be observed in different ways by multiple observers. The primary selection instrument used in these centres is the situational test, which attempts to test for the presence of appropriate KSAs, as identified in the job analysis. Situational tests involve simulating real world tasks often faced by police officers and are followed by a performance evaluation given by trained observers. Research suggests these tests moderately predict both training and on the job performance (Aamodt, 2004; Pynes & Bernardin, 1992). These centres are now an integral part of police assessment and training in Canada.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

2–3

Police Discretion  Police discretion refers to a need for police officers to distinguish between situations in which adherence to the law is required and situations in which a certain degree of flexibility is warranted.  Police discretion is needed for several reasons (Sheehan & Cordner, 1989).

1. For example, if all laws were unconditionally enforced, the various branches of the criminal justice system would be overwhelmed.

2. Legislatures pass some laws that are not intended to be strictly enforced at all times.

3. Some laws are vague making interpretation necessary.

4. Many legal violations are minor (e.g. speeding) and do not require full enforcement.

5. Full enforcement would undermine support for the police in the community.  Police departments have limited resources so prioritizing is necessary. Although there are advantages to police discretion, there also are disadvantages. On occasion, discretion may be used inappropriately (see an example of inappropriate discretion in Box 2.2).  There are a number of situations where police discretion is undoubtedly required, including when police officers have to deal with: youth, mentally disordered offenders, domestic dispute situations, and use of force situations (youth and domestic violence situations will be addressed in subsequent chapters).

- Police officers frequently encounter offenders with mental illnesses. Formal policies present a range of response options for police officers in such encounters.

For example, they can resolve the situation informally, escort the offender to a psychiatric facility, or make an arrest (Teplin, 2000). New training is now being provided to police officers to better prepare them to deal effectively with mentally ill individuals (Bailey, 2013; see Box 2.3 researcher profile on Dr. Cotton).

- Although use-of-force situations are relatively rare, police officers must exercise a great deal of discretion upon encountering such a situation . The Criminal Code of Canada states that the police may use force under reasonable grounds as deemed necessary.  Many agencies have established policies for restricting the use of force and others have developed models to aid police officer decision-making in use of force situations. For example, the RCMP has adopted a dynamic Incident Management/Intervention Model (see Box 2.4), which provides guidelines concerning the force that is necessary to control the situation, based on the suspect’s behaviour and other circumstances.

Police Stress  Policing is an occupation that involves high levels of stress for both officers and their families. Recent data suggests that the balance between work and home life tends to be one of the biggest challenges for Canadian police officers (Duxbury & Higgins, 2012; see Box 2.5).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

2–4

 There are different categories of police stressors including: intra-organizational, interorganizational, occupational, criminal justice, and public stressors (see Table 2.2).

Research suggests that some of the most highly ranked stressors are organizational stressors, such as the feeling that departmental rules are applied selectively (Taylor & Bennell, 2006; see Table 2.3).  Being exposed to stress results in physical, psychological, personal, and job-related consequences. For example, with regards to physical consequences, police officers are at an increased risk to develop digestive disorders, cancer, and cardiovascular disease (Franke, Collins, & Hinz, 1998; Kroes, Margolis & Hurrell, 1974; Violanti, Vena, & Marshall, 1986). Psychological and personal consequences include depression, anxiety, marital difficulties, and suicide (Brown & Campbell, 1994). Finally, jobrelated consequences include poor morale, absenteeism, and early retirement (Brown & Campbell, 1994).  Police agencies have recognized the need to prevent and manage negative stress reactions among officers. Some stress management programs attempt to enhance mental preparedness and thus, proactively address potential difficulties that may arise in police work. Though research on such approaches is new, the limited evaluative work that has been done has shown resiliency training has been shown to have a positive influence on both the health of police officers as well for performance on the job (Anderson et al., 2015). Another commonly used method is psychological debriefing, which involves group or individual meetings aimed at mitigating emotional distress and preventing long-term psychopathology. The effectiveness of this stress reduction method remains unclear (Mitte, Steil, & Nachtigall, 2005).

SUGGESTED LECTURE ACTIVITIES Police Selection  Show students a police recruitment video off the internet (e.g., Vancouver Police Department’s The Promise). Ask students to generate a list of the policing jobs they observe in the video (e.g., patrol, administrator, detective, etc.) and the sorts of KSAs associated with those jobs. Have the students discuss the implications of their observations for a job analysis (e.g., the fact that different policing jobs are characterized by different KSAs).  Have students discuss what performance measure (e.g. commendations, citizen complaints, punctuality, etc.) should be used in validating selection instruments and why. Have them make a list of possible advantages and disadvantages of using each performance measure.  Divide the class into groups assigned to the different cognitive and personality tests (i.e., MMPI-2, IPI, RPAT) discussed in the text. Give them time to locate any recent or additional information on those tests and present the utility of each test to the class as a whole.  Present the class with an article or new research concerning other psychological measures that may be useful in police selection (e.g., Detrick & Chibnall’s 2013 paper on use of the Revised NEO). Have them discuss how this or other measures may be useful, and how the traits assessed by such measures are relevant to policing.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

2–5

Police Discretion  Have students debate the necessity of police discretion, including the fact that the criminal justice system has limited resources to accommodate the many potential offenders that may exist if the law is fully enforced.  Provide students with the following scenario: A well-dressed middle-aged woman is walking down the street intoxicated. As a police officer, what action do you take?

What factors went into your decision? Do you think they are similar to factors police officers consider when exercising their discretion? Ask if their decisions would have been different if they witnessed an older man who was shabbily dressed walking down the street?  Recent research in police psychology has focused on use of force models in policing.

Present examples of fatal or non-fatal use of force (i.e., Robert Dziekański taser incident in the Vancouver airport; Sammy Yatim case) and have the class discuss what factors they believe increase/decrease the incidence of UOF incidents.  Divide the class into groups and have each group locate an article concerning police use of force (alternately, you could locate several articles and assign them to groups; such as Kesic, Thomas, & Ogloff’s 2013 paper cited below). Have the groups review the articles and identify what factors were associated with UOF incidents and discuss how police training procedures could address these problems.  Have the students look up the RCMP’s Incident Management/Intervention Model presented in Box 2.5 and discuss what situations they feel should or should not result in the use of force and whether they agree with this model. Is the model clear? Do officers understand when it is appropriate to use force or are “heat of the moment” decisions more likely to take over?

Police Stress  Divide the class into the four different sources of police stressors in Table 2.2: interorganizational stressors, inter-organizational stress, occupational stressors, criminal justice system stressors, and public stressors. Have them discuss why these are problematic to police officers and design an experiment to test the relative impact of these stressors (which is worst and how would they test) or to examine how they would measure and assess the impact of each category of stressor.  Have students discuss why organizational stressors may be rated as highly stressful.  Have students generate departmental policies that would reduce the stress experienced by police officers or promote adaptive coping behaviours.

SUGGESTED READINGS Blau, T. H. (1994). Psychological services for law enforcement. New York, NY: John Wiley and Sons.

Brewer, N., & Wilson, C. (Eds.) (2013). Psychology and policing. East Sussex, UK: Psychology Press.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

2–6

Brown, J. M., & Campbell, E. A. (1994). Stress and policing: Sources and strategies.

New York, NY: John Wiley and Sons.

Cotton, D., & Coleman, T. G. (2010). Canadian police agencies and their interactions with persons with a mental illness: A systems approach. Police Practice and Research, 11, 301-314.

Detrick, P., & Chibnall, J. T. (2013). Revised NEO personality inventory normative data for police officer selection. Psychological Services, 10, 372-377.

Kesic, D., Thomas, S. D. M., & Ogloff, J. R. P. (2013). Estimated rates of mental disorders in, and situational characteristics of, incidents of nonfatal use of force by police. Social Psychiatry and Psychiatric Epidemiology, 48, 225-232.

Kurke, M. I., & Scrivner, E. M. (Eds.) (2013). Police psychology into the 21st century.

East Sussex, UK: Psychology Press.

Miller, L. (2006). Practical police psychology: Stress management and crisis intervention for law enforcement. Springfield, IL: Charles C. Thomas Publisher.

Walma, M. W., & West, L. (2002). Police powers and procedures. Toronto, ON: Emond Montgomery Publications Limited.

Weiss, P. A., Vivian, J. E., Weiss, W. U., Davis, R. D., & Rostow, C. D. (2013). The MMPI-2 L scale, reporting uncommon virtue, and predicting police performance.

Psychological Services, 10, 123-130.

SUGGESTED ONLINE VIDEO RESOURCES 1) Police and Mental Health (CBC RAW Video; January 16, 2013). Clinical and correctional psychologist Dorothy Cotton talks about how police interact with people with mental illnesses (7:33) Available at www.cbc.ca 2) The Fifth Estate: You Should Have Stayed at Home (CBC News, April 2011). Report on the G20 Summit and police abuse (45:05).

Available on YouTube 3) Death Causes Canada to Review Use of Tasers (Reynolds, 2007). Description and video of taser incident and police response (1:52) Available on YouTube

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

2–7

4) Canadian Justice Credibility Gap: Police Brutality (Howard, 2012). Police Brutality is an important issue in Canadian Society, even if major media continues to ignore it (14:02).

Available on YouTube NOTE: This independent film presents one side of police brutality and discretion; have the class discuss what options police could have chosen in these circumstances and integrate class material and use of appropriate v. inappropriate force.

5) Canadian Forces – Military Police (Canadian Forces). Information and overview of military policing within the CF, including what they do, specific tasks, and qualifications/skills required (2:14).

Available on YouTube 6) Canadian Police Recruiting (RCMP). Demonstrates an advertisement for police recruitment used within the RCMP to promote and recognize diversity (0:46).

Available on YouTube NOTE: Instructors can search online for police recruitment videos from their local province or city as well.

SUMMARY OF COURT CASES Beaudry v. the Queen (2007) Facts: Sergeant Beaudry was charged with obstructing justice when he failed to require a fellow officer to give a breath sample when he was suspected of driving while impaired.  While Sergeant Beadry suggested that this was within the realm of appropriate police discretion, the Crown stated that this was a case of preferential treatment.  Sergeant Beaudry was ultimately convicted and the ruling was upheld on appeal.

Further, the Supreme Court of Canada upheld the conviction and outlined the justifications required for appropriate use of discretion.

Summary: The Supreme Court outlined the justifications required for appropriate use of police discretion. First, the discretion must be justified subjectively and objectively. The decision (and reasons for it) must be transparent and have valid and reasonable grounds.

Further, the justification must be proportionate to the seriousness of the offence. In other words, deciding not to pursue charges in a serious offence would require a great deal more justification than deciding not to pursue charges for something minor, like jaywalking. 

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–1

CHAPTER 3 The Psychology of Police Investigations LEARNING OBJECTIVES  LO 1: Describe the Reid model of interrogation.  LO 2: Define the three major types of false confessions.  LO 3: Explain why the police use criminal profiling and outline potential problems with its use.  LO 4: Explain what geographic profiling is and how it can be used in police investigations.

OUTLINE Police Interrogations  The major goals of a police interrogation are to obtain a confession and to acquire information that might help with the investigation. In North America, additional evidence is usually required to corroborate a confession before a defendant can be convicted (Gudjonsson, 2003).  Police interrogations have historically been very coercive. For example, in the mid1900s whipping a suspect was used to obtain a confession (Brown v. Mississippi, 1936). More recently, Chicago police officers in the 1970s and 80s used a variety of torture tactics and have since paid millions of dollars in compensation for these actions (Taylor, 2013). These techniques have been replaced with psychological methods, such as the use of deceit and trickery (Leo, 1992). See Box 3.1 for an example of how far Canadian police agencies will sometimes go in order to secure confessions from suspects.

The Reid Model of Interrogation  Specialized training in obtaining confessions is often provided to police officers.

Different approaches are taught depending on where the training is provided. For example, police in England and Wales are taught far less coercive strategies than those used in North America, due in part to problems related to coercive interrogation methods, including the potential for false confessions (Meissner & Russano, 2003).  The Reid model is the most popular method used in Canada and the United States. It involves a three-part process: (1) gather evidence, (2) conduct a non-accusatorial interview to assess evidence of deception, and (3) conduct an accusatorial interrogation to obtain a confession.  The third stage contains nine steps, involving the use of several psychological tactics (e.g., the development of psychological themes that allow the offender to rationalize the offence) in order to obtain a confession.  The Reid model is founded on the belief that: (1) people do not confess to crimes because of the consequences that would result and (2) guilty people experience anxiety at remaining deceptive when they maintain their innocence. The technique

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–2

aims to make the consequences associated with confessing more appealing than the anxiety experienced while remaining deceptive (Gudjonsson, 2003).  There are two general categories of interrogation techniques: (1) minimization techniques and (2) maximization techniques: - Minimization techniques involve soft-sell techniques, which attempt to provide the suspect with a false sense of security, often by offering sympathy, excuses, and justifications for the offence.

- Maximization techniques involve scare tactics, which attempt to intimidate the suspect, often by exaggerating the seriousness of the offence and the strength of the evidence against the suspect.

The Use of the Reid Model in Actual Interrogations  Despite the fact that the Reid model is widely taught in North America, studies in Canada indicate that many features of the model are not always used in practice (King & Snook, 2009). While some Reid themes and suggestions are observed in the majority of interrogations that have been examined (e.g., suspect is not handcuffed during the interrogation), other themes and suggestions are rarely observed (e.g., exaggerating the seriousness of the offence). Coercive strategies are also rarely observed in the Canadian interrogations that have been examined.

Potential Problems with the Reid Model of Interrogation  There are some important problems with the Reid model: (1) police officers are often not good at detecting when people are lying and training does not improve this ability (Hartwig & Bond, 2011), (2) entering stage 3 with a belief that the suspect is guilty can cause the interrogator to be inappropriately biased, and (3) the technique can cause false confessions.  Procedural safeguards are in place to protect individuals in an interrogation and some argue that this reduces the problems associated with inaccurate deception detection.

However, research in the U.S. and Canada indicate that these safeguards are potentially flawed. For example, recent Canadian research highlights the fact that many people do not fully comprehend their right to silence or their right to legal counsel (Kassin, 2015), including particularly vulnerable populations such as young people and those with impaired intellectual capacity (Eastwood, Snook, & Luther, 2015; Fulero & Everington, 2004). See Box 3.2 for other common misunderstandings about police interrogations.  Research examining investigator bias has found that interrogators with guilty expectations: asked more questions relating to their belief in the suspect’s guilt, used a higher frequency of interrogation techniques, and judged more suspects to be guilty, regardless of whether the suspect was truly guilty or not (Kassin, Goldstein, & Savitsky, 2003).

Interrogation Practices and the Courts  North American courts require that confessions be from competent people and given voluntarily (Wakefield & Underwager, 1998). Confessions extracted via explicitly coercive tactics are inadmissible, however confessions that result from subtle forms of

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–3

psychological coercion are often admitted into North American courts (e.g., R. v.

Oickle, 2000).

- While coercive interrogation tactics still appear to be used, some cases have helped to set out guidelines as to how far police can go in the use of these techniques before a confession will be ruled inadmissible (see R. v. Chapple, 2012 in Box 3.4).

An Alternative to the Reid Model  In England and Wales, many of the techniques used in the Reid model have been restricted by the courts (Gudjonsson, 2003). The PEACE model has been implemented as an alternative, an acronym for planning and preparation, engage and explain, account, closure, and evaluation. This inquisitorial investigative interviewing method is based on conversation management, a strategy that encourages information gathering, rather than securing a confession.  Little research has assessed the impact of the new model, however some research indicates that a decrease in coercion during the interrogation does not reduce the number of confessions obtained (Meissner & Russano, 2003).  Current interrogation strategies in Canada rarely allow them the ability to obtain complete and accurate information as advocated by the PEACE model (e.g., overuse of close-ended questions and infrequent use of open-ended questions) (Snook, Luther, Quinlan, & Milne, 2012).

False Confessions  A large concern with using coercive interrogation techniques is that they can increase the likelihood of false confessions (Kassin, 2014, 2015). These differ from retracted confessions (when an individual declares that their confession was false, regardless of whether it actually was) and disputed confessions (confessions disputed at trial, which does not mean it was necessarily false or retracted).  While the actual rate of false confessions is unknown, recent examinations of wrongful convictions suggest it they could be as high as 25% (Kassin, Bogart, & Kemer, 2012).  There are three different types of false confessions: (1) voluntary, (2) coercedcompliant, and (3) coerced-internalized (Kassin & Wrightsman, 1985) - Voluntary false confessions are offered without encouragement from police.

Many of these confessions result from a desire for notoriety, an inability to distinguish fact from fantasy, or the desire to protect someone else from harm.

- Coerced-compliant false confessions occur when a suspect confesses even though they are aware of their innocence, often in response to coercive interrogation methods. People who give these confessions are often motivated by a promised benefit or do so to avoid a threatened punishment (Gudjonsson, 2003). See Box 3.5 for discussion of R. v. M. J. S. (2000).

- Coerced-internalized false confessions occur when innocent suspects come to believe in their own guilt when, in actuality, they are innocent. These confessions can result from manipulation, suggestion, or leading questions. Some people are more susceptible to this type of confession. Vulnerability factors include a history of substance abuse, severe anxiety, confusion, and guilt (Gudjonsson, 2003).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–4

Studying False Confessions in the Lab  False confessions are difficult to study because, in most instances, it is impossible to determine if the confession was actually false. As a result, much research is conducted in laboratory settings. These laboratory studies have shown that people will confess to mock crimes they did not commit and that various factors, such as the presence of false evidence, will increase the likelihood of false confessions (Kassin & Kiechel, 1996).  For example, Kassin and Kiechel (1996) examined whether or not participants would confess to a mock crime that they did not commit. They found that many participants, predominantly those who were vulnerable (i.e., participants who were made to feel less assured of their innocence) and presented with false evidence, falsely confessed to the crime, internalized their confession, and were more likely to confabulate details of the event.  More recently, ecologically valid research has replicated these findings, and also reported that use of minimization techniques and the offer of ‘making a deal’ resulted in the greatest rate increases of both true and false confessions (e.g., Horselenberg, Merckelbach, & Josephs, 2003; Russano, Meissner, & Kassin, 2005).

The Consequences of Falsely Confessing  False confessions have obvious consequences, where a jury could convict the suspect for a crime that he/she didn’t commit if the confession is admitted in court. In addition, a false confession may lead investigators down the wrong track and place the public at further risk from the real offender.  Appleby, Hasel, and Kassin (2013) highlight at least three reasons why jurors are unlikely to identify confessions by innocent people as false (and thus, use them as the basis for guilty verdicts): (1) jurors are unlikely to believe that a person would be willing to make statements that counter self-interest, even in the context of a police interrogation; (2) people are unable to accurately distinguish between true and false confessions; and (3) false confessions are often very similar to true confessions with respect to their form and content.  Kassin et al. (2012) recently examined several DNA-exoneration cases from the Innocent Project and found that the presence of a confession often influenced other evidence in the case. Kassin and colleagues suggested that knowing a confession has been made may increase the motivation of witnesses to “help” investigators by providing incriminating evidence (e.g., eyewitness) that may have otherwise been ambiguous.

Criminal Profiling  Criminal profiling is a technique for identifying the personality and behavioural features of an offender based on an analysis of the crimes they have committed (Douglas, Ressler, Burgess, & Hartman, 1986).  Criminal profiling was traditionally used to help identify the offender, either through narrowing the list of suspects or providing new lines of inquiry. Currently, profiles are also used to develop interview strategies and to flush out offenders (Homant &

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–5

Kennedy, 1998). This broadening of the field has led many agencies to refer to their work in alternate ways (e.g., RCMP use the term criminal investigative analysts).  The most common personality and behavioural characteristics predicted by profilers include the offender’s age, sex, race, intelligence, educational background, family history, criminal history, employment status, and psychosexual development (Holmes & Holmes, 2002).

The Origins of Criminal Profiling  Profiling was used as early as 1888 in the Jack the Ripper case. It wasn’t until the 1970s that the F.B.I developed a criminal profiling program (Turvey, 2002). This was the first time training was provided on how to construct a criminal profile. Similar units now exist in policing agencies internationally, including Canada (see Box 3.6 on the development and use of Canada’s ViCLAS system).

How is a criminal profile constructed?  Relatively little is known about the profiling process, and much variation exists between different profilers.  In general, there are two different approaches to profiling: (1) deductive criminal profiling and (2) inductive criminal profiling.

- Deductive criminal profiling involves predicting an offender’s background based on an analysis of the evidence obtained from the offender’s crime scenes (Holmes & Holmes, 2002). The major problem with this method is the possibility of faulty logic regarding deductions.

- Inductive criminal profiling involves profiling an offender from what is known about other offenders who have committed similar crimes. This method is based on the belief that people who commit similar crimes share some common aspect of personality (Holmes & Holmes, 2002). The major problem with this approach is the lack of a representative sample from which to develop profiles.  One of the most common forms of inductive profiling is the FBI’s organizeddisorganized model (see Tables 3.2 and 3.3). This approach is based on the idea that an offender’s crime scenes and their background characteristics can be categorized as organized or disorganized. An organized crime scene reflects a well-planned and controlled crime whereas a disorganized crime scene reflects an impulsive, chaotic crime. Organized offenders are believed to be intelligent and reasonably wellfunctioning, whereas disorganized offenders are believed to be unintelligent and exhibit low levels of functioning. The basic premise of this model is that when investigators encounter an organized crime scene, they should profile an offender with organized characteristics and likewise for disorganized crime scenes and disorganized offenders. Research examining this organized-disorganized model raises serious doubts concerning its validity and utility (Canter, Alison, Alison, & Wentink, 2004).  Recent advances in inductive profiling approaches have been made by investigative psychologists who have increased the empirical basis for profiling particular types of offenders (Canter & Youngs, 2009).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–6

The Validity of Criminal Profiling  Surveys of police officers indicate they view profiling as a useful investigative tool (Copson, 1995). However, profiling is criticized for several reasons: - Many forms of profiling are based on the classic trait model of personality. This model proposes that, as a result of stable personality traits, behaviour is consistent across time and a variety of situations. In the context of criminal profiling, this means that an offender’s behaviour is assumed to be consistent across their crime scenes and into their noncriminal lifestyle (Homant & Kennedy, 1998). However, research demonstrates that personality traits are not the only, or even primary, determinant of behaviour (Cervone & Shoda, 1999). The impact of situational factors may create inconsistencies across an offender’s crimes, making it difficult to construct an accurate profile (Woodhams & Bennell, 2015).

- The core psychological assumptions underlying profiling lack strong empirical support. While there is some support for the assumption that criminal behaviour of offenders remains stable over time (Bennell, Mugford, Ellingwood, & Woodhams, 2014), little support exists for the assumption that crime scene behaviours can be used to reliably predict an offender’s background (Doan & Snook, 2008). Recent studies are trying to examine these assumptions by taking contextual factors into account (Goodwill & Alison, 2007).

- Profiles that consist of ambiguous information can fit many individuals, making it difficult to prioritize potential suspects. Research indicates that ambiguous profiles can be interpreted to fit more than one suspect (Alison, Smith, & Morgan, 2003).

- Some research suggests that professional profilers may not be any more accurate in their profiling predictions than those who have not received any specialized training (Kocsis, Irwin, Hayes, & Nunn, 2000). However, recent meta-analyses suggest that self-labelled profilers do demonstrate some enhanced performance relative to comparison groups (Snook et al., 2007).

Geographic Profiling  Geographic profiling is a technique used in serial crime investigations. It involves the analysis of crime scene locations in order to determine the most probable area of offender residence. Its main purpose is to prioritize potential suspects based on how close they live to the predicted home location (Rossmo, 2000).  Geographic profiling is based on the assumption that serial offenders typically travel short distances to commit the majority of their crimes. Research generally supports this assumption (Rossmo, 2000).  Geographic profiling systems are computerized programs that assist with geographic profiling. Crime scene locations are entered into a program that uses mathematical models of offender spatial behaviour to produce an output that provides probabilities that the offender lives in particular areas surrounding the offence locations.  In contrast to criminal profiling, the predictions of computerized geographic profiling systems tend to be supported by validation studies (Canter et al., 2000; Rossmo, 2000).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–7

SUGGESTED LECTURE ACTIVITIES Police Interrogations  Have students develop guidelines for when it is not appropriate to use the Reid model of interrogation (i.e., with what type of person).  Present the details of a case involving the Mr. Big technique (or make up a fictional case). Based on what the students know about interrogations and the requirements of voluntariness for confessions to be considered valid, have them discuss the advantages, disadvantages, and ethics of using this method to obtain a confession.  Have students debate the pros and cons of implementing interrogation procedures in Canada similar to the PEACE model used in England and Wales, and how they could maintain use of these procedures.  Divide the class into three groups, each of which gets assigned one of the types of false confessions (voluntary, coerced-compliant, coerced-internalized). Have each prepare a short presentation for the rest of the class explaining their assigned false confession and highlighting one case (preferably Canadian) for each.  Present a selection of several cases of false confession (i.e., John Karr’s confession in the Jon Benet Ramsey case, Paul Ingram case, Billy Wayne Cope case) – and have the class discuss and decide what case belongs to what type of false allegation.

Alternately, you could make up your own scenarios and play a “name that confession” game.  Challenge the class to think up ways they could devise an experiment to test for investigator bias. You could break the class into small groups and see what different designs the groups develop and use this as a discussion point for how difficult some of these phenomena are to study in laboratory experiments. You could use a similar activity by asking the class to develop methods for studying false confessions in laboratory settings.  Ask students to discuss the pros and cons of the current admissibility criteria for a confession in court.

Criminal Profiling  Provide students with a description of a crime scene. Break students into groups.

Assign some groups with inductive profiling and the remaining groups with deductive profiling. Ask them how they would develop a profile using the method they were assigned and what the strengths and limitations of their method are.  Have the class debate whether inductive or deductive profiling methods are more effective. Which are most commonly used in practice and which seem to have the most success for case convictions?  Create a number of brief profiles of an offender containing ambiguous information (e.g., a wide age range). Give each student only one of the profiles. Next, provide the class with a brief description of a fabricated crime and suspect. The description of the suspect could include information such as offence history, history of problems in school, or a description of the suspect’s behaviour. Tell students the profile they have was constructed from the crime scene details and have them rate how accurately the profile fits the suspect and how helpful the profile would be in excluding suspects.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–8

Have them apply their answers to a discussion of the problems with ambiguous profiles.  Using the organized-disorganized model developed by the FBI, present the class with several fictitious (short) scenarios that draw on both crime scene behaviours and background characteristics. Have the students play a game of “label the crime scene/offender” to help them learn the distinctions between the organizeddisorganized classifications.  Ask students to discuss how they behave in the classroom compared to other contexts such as social situations or family events. Using this as a reference point, ask them to debate the classic trait model of personality that profiling is based on.

Geographic Profiling  Have students discuss why they think most serial offenders commit their crimes close to their residence.  Have students debate the merits of geographic relative to traditional criminal profiling methods, and whether use of heuristics based on known information may be more effective than computerized models.

SUGGESTED READINGS Appleby, S. C., Hasel, L. E., & Kassin, S. M. (2013). Police-induced confessions: An empirical analysis of their content and impact. Psychology, Crime & Law, 19, 111128.

Canter, D., Hammond, L., Youngs, D., & Juszczak, P. (2013). The efficacy of ideographic models for geographical offender profiling. Journal of Quantitative Criminology, 29, 423-446.

Gudjonsson, G. H. (2003). The psychology of interrogations and confessions. West Sussex, UK: John Wiley & Sons.

Gudjonsson, G. H., Sigurdsson, J. F., Sigurdardottir, A. S., Steinthorsson, H., & Sigurdardottir, V. M. (2014). The role of memory distrust in cases of internalized false confession. Applied Cognitive Psychology, 28, 336-348.

Hicks, S. J., & Sales, B. D. (2006). Criminal profiling: Developing an effective science and practice. Washington, DC: American Psychological Association.

Kassin, S. M. (2005). On the psychology of confessions: Does innocence put innocents at risk? American Psychologist, 60, 215-238.

Kassin, S. M., & Gudjonsson, G. H. (2004). The psychology of confessions: A review of the literature and issues. Psychological Science in the Public Interest, 5, 33-67.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–9

Kocsis, R. N. (2013). The criminal profiling reality: What is actually behind the smoke and mirrors? Journal of Forensic Psychology Practice, 13, 79-91.

Miller, L. (2014). Serial killers: I. Subtypes, patterns, and motives. Aggression and Violent Behavior, 19, 1-11.

Miller, L. (2014). Serial killers: II. Development, dynamics, and forensics. Aggression and Violent Behavior, 19, 12-22.

Turvey, B. E. (2012). Criminal profiling: An introduction to behavioral evidence analysis (2nd ed.). Oxford, UK: Elsevier.

Williamson, T. (Ed.). (2006). Investigative interviewing: Rights, research, regulation.

Oregon: Willan Publishing.

SUGGESTED ONLINE VIDEO RESOURCES 1) The Armishaw Interrogation (CBC News – The National). Watch how OPP Staff Sgt Jim Smyth uses elements of the Reid Technique (6:09).

Available on www.cbc.ca 2) Truth, Lies, and Confessions (CBC News – The National, 2011). The interrogationroom confessions that led to the convictions of Russell Williams and Terri-Lynne McClintic for their horrific and high profile crimes earned high praise for the Ontario Provincial Police, and especially for interrogator Staff Sgt. Jim Smyth. But outside the glare of the media spotlight, concerns are being raised about the aggressive methods employed by Canadian police forces, and whether the interrogation techniques they use are eliciting confessions from the innocent, as well as the guilty. Two Canadians who confessed to crimes they did not commit speak out in this exclusive report by Joe Schlesinger of CBC News (18:11).

Available on www.cbc.ca 3) Inside the Interrogation Room (ABC News, 2010). Houston homicide detective Brian Harris talks about “The Box” (interrogation room) and his techniques for obtaining confessions (Part 1 – 7:23; Part 2 – 6:50; Part 3 – 6:45).

Available on abcnews.go.com 4) Profiling Killers: 20th Century with Mike Wallace (The History Channel, 2000). This documentary, part of the 20th Century With Mike Wallace series from CBS News and the History Channel, takes a look at the mysterious and controversial world of profiling criminals. Narrated by series host and CBS News correspondent Mike Wallace, this episode explores the history of profilers and profiling and how it has taken years for it to gain any respect in the law enforcement community. From 1972, when the FBI opened the Behavioral Science Unit, to the present, the science of profiling criminals has always come under fire by police and legal experts. Gradually, the level of recognition for profiling has grown and some non-believers have been swayed over to the possibility that Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–10

profiling actually works in solving crimes. 20th Century With Mike Wallace features interviews with a variety of law enforcement professionals who speak candidly about their opinions and what the future holds for profiling (50 mins).

Available at www.allmovie.com (account sign in required) 5) Interview with John Douglas (TVO). Former FBI Profiler John Douglas is a rock star in the law enforcement community. After joining the FBI's Behavioral Sciences Unit in the 1970s he created the Criminal Profiling Dept. and pioneered the investigative tool known as “profiling.” Along with fellow profiler Robert Ressler he coined the term “serial killer.” After nearly losing his life to viral encephalitis while working the thenunsolved Green River Killer case Douglas retired. Since his retirement he's written several books, including textbooks used in criminal profiling classes. He also still consults and helps out on difficult cases around the world. In recent years he was brought in to work on the West Memphis Three case where his work was instrumental in having three wrongfully convicted men released from prison, one of which was on death row (25:16).

Available on YouTube 6) Profiling and Tracking Killers (Documentary). Stone researched hundreds of killers and their methods and motives to develop his hierarchy of “evil”. The scale ranges from Category 1, those who kill in self-defense, to the Category 22, serial torturer-murderers.

Neurologists, psychologists, and other forensic psychiatrists are interviewed on the show in an attempt to examine and profile the minds of notorious killers. Partial re-enactments are shown along with news footage, evidence, and reports from locals. Neurological, environmental, and genetic factors are examined to help determine what drives a person to kill. Background history and pre-meditation are considered when placing an individual on the scale of evil. The show indirectly deals with the concepts of morality and ethics (45:08).

Available on YouTube 7) Sharks Have Lots in Common with Serial Killers (San Antonio News 4, 2013). Short clip discusses how both sharks and serial killers engage in predatory behaviour with Dr. Kim Rossmo (2:10).

Available on YouTube NOTE: You could use this to launch into a discussion of what other areas could geographic profiling methods be applied to.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–11

SUMMARY OF COURT CASES Brown v. Mississippi (1936) Facts:  Ellington, Brown, and Shields were arrested for murder.  Several state officers, including the sheriff, admitted in court that they had tortured the suspects to secure a confession.

Summary: This 1936 case speaks to the constitutionality of using violence and coercive tactics to extract confessions from suspects. During the trial, the accused pleaded not guilty to the murder charge and said they had confessed because they were threatened by the officers that they would be tortured until a confession was signed. The torture included hanging, whipping, and shouting racial slurs at the suspects. Other than the signed confessions, the state did not have sufficient evidence to determine that the suspects were guilty. Although the jury was instructed to ignore the confessions if they believed that the police officers had used violence to secure the confessions, they were found guilty. The defence argued that based upon the fact that the officers had admitted to torturing the defendants, their confessions should not have been permitted as evidence.

Subsequently, the defense appealed to the State of Mississippi Supreme Court, which overruled the conviction based upon the unconstitutionality of using violence to intimidate suspects into confessing, and the violation of the defendant’s rights to due process by entering the confessions as evidence, especially when it was established in court that the officers had tortured them.

R. v. Oickle (2000) Facts:  Oickle was found guilty on 7 counts of arson after he confessed.  The Nova Scotia court of Appeal disallowed his confession and he was acquitted.

Summary: The crown argued that the appeal judge erred in law when he did not allow the confession to be entered as evidence. According to procedural fairness, only voluntary confessions can be submitted as evidence. That is, the confession has to have been obtained without any threat, coercive or implied, and without promise of special consideration or receiving benefits. During the polygraph test and the interrogation that Oickle underwent, the police officers used coercive methods to obtain a confession. For example, after the polygraph test was completed the officer told the defendant he had not passed and that family members and friends would respect him for confessing.

Additionally, during questioning the police implied that he (the officer) was probably his best friend at the moment. The judge believed that each tactic by itself was not sufficient to be considered coercive, however when considering the entirety of the officer’s behaviour there was sufficient reason to believe that the defendant could have believed that he had something to gain by confessing and therefore was manipulated into confessing. The crown appealed to the Supreme Court, which disagreed. Oickle’s conviction was restored.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

3–12

R. v. M.J.S. (2000) Facts:  M.J.S. was accused of abusing his infant son.  He was interrogated by three officers using Reid techniques, for almost eight consecutive hours.  At a voir dire, the judge concluded that the statements made by M.J.S. were inadmissible due to the oppressive nature of the interrogation.

Summary: This case is a primary example of the occurrence of coerced-compliant false confessions. After bringing his infant son into the hospital for a suspected chest infection, a doctor found the baby had multiple rib fractures, prompting him to notify child welfare.

When a police investigation began, M.J.S. and his wife fully cooperated with the police.

M.J.S. was interrogated on four different occasions, sometimes for almost eight hours.

The interviewers used techniques such as lying to the accused, appealing to his sense of decency, and making threatening statements. A voir dire was held to determine the voluntariness of statements offered by the accused during these interrogations, such as a written statement offering an apology to his son. The trial judge concluded that the confession was inadmissible due to the fact that it was obtained through the use of threats and promises, and that the accused probably offered the confession to escape the oppressive interrogation environment.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

4–1

CHAPTER 4 Deception LEARNING OBJECTIVES      

LO 1: Describe what the polygraph is, its uses, and two types of polygraph tests.

LO 2: Describe the research and scientific opinion about the polygraph.

LO 3: Describe physiologically based alternatives to the polygraph, including eventrelated brain potentials and functional brain-imaging techniques.

LO 4: Outline the verbal and non-verbal characteristics of deception.

LO 5: Define disorders of deception and summarize the three explanatory models of malingering.

LO 6: Differentiate between the types of studies used to examine malingering and summarize research on malingered psychosis.

OUTLINE The Polygraph Technique  Historically, physiological principles have guided the detection of deception, such that physiological changes (i.e., dry mouth/salivary inhibition) were associated with lying. The polygraph was designed to provide a measure of physiological change.  A polygraph records autonomic nervous system responses such as breathing, heart rate, and galvanic skin response. In Canada, polygraph training is provided by the Canadian Police College and is restricted to police officers.  In Canada, polygraph tests are used by the police when interviewing suspects (in order to gain a confession) and occasionally when interviewing alleged victims.  Recently, the polygraph has been used in the United States to assess and monitor sexual offenders on probation to ensure they are abiding by the conditions of their probation and abstaining from risky behaviour (aka polygraph disclosure tests).  Governmental agencies in the United States and Canada also have used the polygraph test to screen potential job applicants (i.e., RCMP, CSIS). However, the Employee Polygraph Protection Act (1988) restricts private companies from using the polygraph unless job-related wrongdoing is being investigated.

Types of Polygraph Tests  Polygraphs do not detect lies, but rather changes in physiological arousal to different types of questions (some designed to elicit a larger physiological response).  The Comparison (or Control) Question Test (CQT) is the most frequently employed technique in criminal investigations. Before beginning the test, the polygraph examiner reviews the case file or speaks with the police investigator to become familiar with the case. The test begins with a pretest interview used for information gathering and to convince the suspect of the accuracy of the polygraph (including a simulation). This is followed by a series of YES/NO questions. Three types of

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

 

   

4–2

questions are asked: irrelevant questions, comparison (or control) questions, and relevant questions.

- Irrelevant questions inquire about an individual’s identity or personal background and are included to obtain a baseline (e.g., is your first name Beatrice?).

- Comparison questions are designed to be emotionally arousing for all respondents and typically focus on the person’s history prior to the event being investigated (e.g., before the age of 45, did you ever try to seriously hurt someone?).

- Relevant questions relate to the crime under investigation (e.g., on July 12, did you stab your ex-wife?).

The examiner then asks the suspect the questions while recording the suspect’s physiological responses (see Table 4.1). Once the test is scored, if the outcome is deceptive the examiner confronts the suspect and attempts to elicit a confession.

Decisions regarding deception are determined by comparing reactions to the relevant and comparison questions. Guilty suspects are assumed to react more to relevant questions than comparison questions. In contrast, innocent suspects are assumed to react more to comparison questions than relevant questions.

- A major problem with the CQT is that someone who is falsely accused of a crime might react more strongly to questions about the crime than to vague questions concerning past antisocial behaviour.

The Concealed Information Test (CIT; formally called the Guilty Knowledge Test) attempts to determine if the suspect knows details about a crime that only the guilty person would know.

In the CIT a polygraph examiner asks a series of questions in multiple-choice format.

Each question has one correct option (often called the critical option) and four options that are foils—alternatives that could fit the crime but that are incorrect.

The guilty suspect is assumed to display a larger physiological response to the correct option. The most common physiological response measured by the CIT is galvanic skin responses.

CIT is infrequently used by law enforcement in Canada or the United States, in part because of the difficulty in constructing the test, withholding crime-related details from the media so that only the guilty party would know that information, and because polygraphers still believe in the accuracy of the CQT.

Validity of Polygraph Techniques  There are two types of studies that assess the validity of polygraph techniques: laboratory and field studies.

- In laboratory studies, volunteers are randomly assigned to either commit or not to commit a mock crime. The main advantage of these studies is that the experimenter knows who is truly guilty or innocent, called ground truth.

However, volunteers do not likely have a similar level of motivation and emotional responses found in suspects of a crime. In laboratory studies, guilty participants cannot ethically be given strong incentives to “beat” the polygraph, and both guilty and innocent participants have little to fear if they “fail” the

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

 

 

4–3

polygraph exam. Therefore, the results of laboratory studies may have limited application to real-life situations.

- Field studies compare the accuracy of original examiners to blind evaluators.

Original examiners conduct the actual evaluation of the suspect whereas blind evaluators only see the examiner’s charts and are given no information about the suspect or case. The largest problem with field studies is establishing ground truth. Judicial outcomes and confessions are frequently used as a measure of ground truth, although these also can be problematic as people may be wrongfully convicted or provide a false confession.

Results from field research indicate the CQT is much better at accurately identifying guilty suspects compared to innocent suspects (Honts & Raskin, 1988; Patrick & Iacono, 1991).

Laboratory and field studies from outside North America indicate the CIT highly effective at identifying innocent participants but less effective at identifying guilty participants (Gamer, Rill, Vossel, & Gödert, 2005; Iacono & Patrick, 1988; Lykken, 1998).

Based on the research described above, the CIT appears to be vulnerable to falsenegative errors (falsely classifying guilty suspects as innocent), whereas the CQT is vulnerable to false-positive errors (falsely classifying innocent suspects as guilty).

Research indicates the CQT may be vulnerable to countermeasures (techniques used to conceal guilt, such as artificially increasing one’s arousal for comparison/control questions). When mental or physical countermeasures are used the accuracy of the CQT is dramatically reduced (Honts, Raskin, & Kircher, 1994). Counter measures in the form of anti-anxiety drugs do not appear to impact the effectiveness of CIT (Iacono, Cerri, Patrick, & Fleming, 1992).

Scientific Opinion & Admissibility of Polygraph Evidence  Many in scientific and related professions do not believe the CQT is scientifically sound or valid, whereas public opinion towards the polygraph seems to be more favourable (Iacono & Lykken, 1997; Myers et al., 2006). However, CQT is still used by law enforcement as an investigative tool because many suspects confess when confronted with the results from their test.  Polygraph results were first submitted as evidence in Frye v. United States (1923).

The evidence was rejected as it failed to meet a “general acceptance” by the relevant scientific community.  Polygraph evidence is not admissible in Canadian courts. In R. v. Beland (1987), the Supreme Court of Canada ruled that polygraph evidence should not be admitted to help determine whether or not a person is telling the truth. They asserted the polygraph may cause jurors to weigh polygraph evidence more than it deserves when determining the verdict.

Brain-Based Deception Research  Event-related brain potentials (ERPs) are a type of brain-based response that has been investigated for detecting deception. ERPs measure changes in electrical patterns related to presentation of a stimulus. The P300 ERP occurs in response to significant stimuli that occur infrequently. It is assumed that guilty suspects will display a larger

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology









4–4

P300 to crime-relevant details as compared with noncrime-relevant details. An innocent suspect should show no difference in their P300 (as long as the innocent suspect has not been told the crime details).

Research assessing the validity of the P300 indicates high accuracy for identifying innocent and guilty suspects (Farwell & Donchin, 1991; Rosenfeld et al., 1991; Rosenfeld et al., 1987; Verschuere et al., 2009). Although the P300 has shown potential for detecting deception, its application should be limited to laboratory settings until additional research is conducted.

That said, Dr. Lawrence Farwell has testified in court using the results from ERPs (specifically the P300-MERMER test he calls “brain fingerprinting”) measured while Terry Harrington viewed crime irrelevant, crime relevant, and alibi relevant details (see Box 4.2).

Further research indicates cognitive processes and functional magnetic resonance imaging (fMRI) are able to distinguish differences in brain activity when people are being honest and deceptive (Ganis et al., 2003; Langleben et al., 2002). One of the limitations of fMRI research is that it is based on averaging fMRI data across multiple participants, which constrains its use for detecting deception in individuals.

Recent studies suggest that the presentation of brain imaging data may lead to more guilty verdicts as juries believe that brain-related evidence may be more valid than other forms of evidence of deception (McCabe, Castel, & Rhodes, 2011).

Verbal and Nonverbal Behaviour Cues to Lying  Everyday lies are not uncommon, although some people are prolific liars.  Analysis of verbal characteristics and nonverbal behaviours rely on the assumption that engaging in deception produces a physiological change. In particular, it should be more difficult for people to control aspects of their nonverbal behaviour relative to their verbal behaviour.  Facial expressions, such as microexpressions, may be relevant to consider when someone is concealing their true emotional reactions (Ekman, 1992). Subsequent research on whether nonverbal cues can be used as an indicator of deception is mixed (Vrij, 2008). Nonverbal behaviours such as gaze aversion, smiling, and selfmanipulation (e.g., rubbing one’s hands) are not reliable indicators of deception.  If a liar is not feeling excited, scared, or guilty, or when the lie is easy to fabricate, behavioural cues to deception will likely not be present.  Recently Hillman, Vrij, and Mann (2012) found differences in the type of hand gestures made when telling the truth as compared to lying. Truth-tellers used more rhythmic hand gestures than liars, whereas liars made more speech prompting gestures than truth-tellers when describing an event.  The verbal indicator that has been most strongly associated with deception is a highpitched voice. Cognitively difficult lies in which an answer is fabricated may be associated with increased speech disturbances and slower speech (DePaulo et al., 1982; Fiedler & Walka, 1993). Alternately, cognitively simpler lies in which something is concealed may be associated with fewer speech disturbances and a faster speech rate (Vrij, 1995) – see Table 4.3.  In a meta-analysis by DePaulo et al. (2003), most of the verbal and nonverbal behaviours coded did not discriminate between liars and truth-tellers. One of the most

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



4–5

reliable indicators was that liars provide fewer details than do truth-tellers. Liars also told less compelling accounts as compared with truth-tellers. Truth-tellers were more likely to spontaneously correct their stories and more likely to admit to a lack of memory than liars were. Deception cues were easier to detect when liars were motivated to lie or when they were attempting to cover up a personal failing or a transgression.

Computer-mediated communication is another area that researchers have begun to study to examine patterns in how people lie online (e.g., Toma, Hancock, & Ellison, 2008; see Box 4.4).

Are Some People Better at Detecting Deception?  Research examining the ability of both professionals and laypersons to detect deception reveals performance at only slightly better than chance (Aamodt & Custer, 2006; Bond & DePaulo, 2006). This poor performance results from three problems: 1) people rely on behaviours that lack predictive validity (i.e., cues such as gaze aversion and fidgeting; Vrij, 2008); 2) most people have a truth-bias – which is the tendency of people to judge more messages as truthful than deceptive (Bond & DePaulo, 2006); and 3) there are only small differences between liars and truth-tellers (Hartwig & Bond, 2011).  Research indicates many professionals who encounter deception within their profession are not very accurate at detecting deception (see Table 4.4). However, some researchers claim there are “wizards” of deception detection (O’Sullivan & Ekman, 2004), who consistently perform with 80-90% accuracy across deception detection tasks.  Some studies indicate that some groups such as Secret Service agents perform better than chance (Ekman & O’Sullivan, 1991; Ekman, O’Sullivan, & Frank, 1999).

Accuracy was higher for participants who used multiple cues in their credibility judgments. In addition, it may be possible to increase accuracy through training (Porter, Woodworth, & Birt, 2000). Professionals are better at identifying truths than deception (Vrij, 2000).  Research indicates that neither level of experience nor confidence in deception detection ability are associated with accuracy rates (DePaulo & Pfeifer, 1996; Ekman & O’Sullivan, 1991; Porter et al., 2000). In fact, it appears that judgments of deception may depend more on the liar than the judge (Bond & DePaulo, 2008).  Research on training programs appears to help professionals become more accurate deception detectors (Porter, Woodworth, & Birt, 2000; Porter, Joudis, ten Brinke, Klein & Wilson, 2010). Such programs should focus on both deception and truthfulness cues (Masip, Alonso, Garrido, & Herrero, 2008).

Assessment of Malingering and Deception  Deception is a central component of some psychological disorders, which vary on two dimensions: whether the person intentionally or consciously produces the symptoms, and whether the motivation is internal or external. These are often referred to in the DSM-5 as somatic symptom and related disorders.  Two forms of these disorders include factitious disorder (patient falsifies or induces symptoms without external rewards) and Munchausen syndrome by proxy

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology





 

4–6

(parents/caregivers falsify symptoms in children or another; also called factitious disorder imposed on another in DSM-5).

Malingering refers to intentionally faking psychological or physical symptoms for some type of external gain. Malingering involves symptoms under voluntary control and an eternal motivation (i.e., avoiding punishment or criminal responsibility, to do easier time or escape, avoiding conscription in military, seeking financial gain or workers compensation). Any disorder may be subject to malingering.

Individuals with factitious disorders will often insist on testing to “prove” their symptoms, whereas malingerers will often refuse to cooperate with testing procedures to determine the veracity of their symptoms (especially if invasive medically). Some disorders are easier to malinger than others.

Prevalence of malingering is high in forensic contexts (e.g., 20-45%; Frederick, Crosby, Wynkoop, 2000; Mittenberg, Patton, Canyock, & Condit, 2002; Myers, Hall, & Tolou-Shams, 2013; Rogers, Ustad, & Salekin, 1998).

Defensiveness is the opposite of malingering. Defensiveness refers to the conscious denial or minimization of physical or psychological symptoms. Some people might wish to appear high functioning to meet an external need, such as being a fit parent, or an internal need, such as unwillingness to acknowledge they are a “patient.”

Explanatory Models of Malingering  There are three explanatory models of malingering: pathogenic, criminological, and adaptational (Rogers, 1990).

- The pathogenic model assumes malingering results from an underlying mental disorder. The patient attempts to gain control over his or her pathology by creating fictitious symptoms. Little empirical support exists for this model.

- The criminological model focuses on “badness” and suggests malingering should be suspected if there are discrepancies between what a person reports and the observations of others, there is refusal to submit to an evaluation, or a diagnosis of Antisocial Personality Disorder is present. No empirical evidence supports an association between antisocial personality disorder or cooperation and malingering.

- The adaptational model asserts malingering is likely to occur when (1) there is a perceived adversarial context, (2) personal stakes are very high, and (3) no other viable alternatives are perceived. Research findings support this model in that there are higher rates of malingering in adversarial settings or when the personal stakes are high (Rogers, Sewell, & Goldstein, 1994) How to Study Malingering  Research on malingering generally utilizes three basic designs: case study, simulation, or known groups.  Although case studies are not used as frequently as they once were, case studies still are useful for generating a wide variety of hypotheses that can be tested using experimental designs with greater control over variables. In addition, they are the only way to study rare syndromes.  Most research on malingering has used a simulation design. Participants asked to malinger are compared to (1) a control group and (2) a clinical comparison group

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology





4–7

representing the disorder being feigned. They often focus on whether measures can detect malingering in non-clinical samples. The primary strength of the simulation design is its experimental rigor. The main disadvantage is its limited generalizability to the real world due to minimal levels of preparation and motivation by participants.

Some research has examined coaching participants by providing information about genuine mental disorders or by telling them about detection strategies. In general, research suggests that telling participants about disorders does not help them, whereas information about detection strategies does help them avoid detection (Baer, Wetter, & Berry, 1995; Storm & Graham, 2000). Ethical issues concerning deception research, including teaching people to become better liars and providing them with incentives, are discussed.

The known-groups design is ideal in research assessing malingering. It involves two stages: establishing the criterion groups (e.g., genuine patients and malingers) and analysis of the similarities and differences between these criterion groups. This design has good ability to generalize to real-world settings. Because of the difficulty with the reliable and accurate classification of criterion groups, this design is rarely used in malingering research.

Detecting Malingered Psychosis  The presence of malingering does not negate the possibility that other psychiatric illnesses or psychological disorders are present (i.e., borderline personality disorder).

The term instrumental psychosis has been used to identify patients (often with psychiatric histories) that attempt to feign symptoms to secure special accommodations (Waite & Geddes, 2006).  Indicators of malingered psychosis in general: - willingness to discuss symptoms; - tendency to overact, believing the more bizarre they are the more psychotic they will appear; - engaging in intimidation or accuse the clinician of not believing them; - being evasive when asked to provide details about their ‘illness’; - reporting rare or atypical symptoms, blatant symptoms, or absurd symptoms; - reporting positive symptoms of schizophrenia such as delusions or hallucinations; - reporting there is nothing that will make the “voices go away”; and - reporting atypical auditory command hallucinations.  Cues to malingered psychosis in criminal defendants also include (see Table 4.5): - Understandable motive for committing the crime - Presence of partner in crime - Current crime fits pattern of previous criminal history - Suspicious hallucinations - Suspicious delusions - Marked discrepancies in interview versus noninterview behaviour - Sudden emergence of psychotic symptoms to explain criminal act - Absence of any subtle signs of psychosis

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

4–8

Assessment Methods to Detect Malingered Psychosis  Methods to detect malingering tend to involve either interviews or self-report questionnaires (or both).  The Structured Interview of Reported Symptoms (SIRS; Rogers, Bagby, & Dickens, 1992) uses a structured interview to score 172 items into eight scales that represent the different strategies used in malingering. These scales include: rare symptoms, symptom combinations, improbable or absurd symptoms, blatant symptoms, subtle symptoms, selectivity of symptoms, severity of symptoms, reported versus observed symptoms. Research indicates it has good validity (Rogers, 1997) and is highly accurate as a measure of malingering mental disorders (Green & Rosenfeld, 2011).

An updated version of the SIRS (SIRS-2) is currently undergoing evaluation.  The Minnesota Multiphasic Personality Inventory (Hathaway & McKinley, 1942) and the MMPI-2 (Butcher et al., 1989) are the most widely used self-report personality inventories, which also include several scales specifically designed to test for malingering or “faking bad”. The infrequency (F) scale and the Back F (Fb) scale were designed to detect unusual or atypical symptoms. Research indicates that these scales are the most useful at detecting malingerers (Rogers et al., 2003).  Recent studies have examined new validity scales on the MMPI-2-RF (restructured form; Ben-Porath & Tellegen, 2008), and found preliminary support for effective detection of malingering (Rogers et al., 2011; Sellbom & Bagby, 2010; Sellbom et al., 2010).

SUGGESTED LECTURE ACTIVITIES Polygraph  Have students generate methods that can help reduce the problem of reduced motivation and emotional response found in participants of laboratory polygraph studies.  Present students with the following scenario: You have just agreed to take a polygraph to answer questions about a bank robbery. You committed this crime.

What type of polygraph test do you hope the police use and why? What type of countermeasures might you use to “beat” the test?  Show Part 1 of the Shermer video on the polygraph (see below), and use this to launch a discussion in class. Conversely, show Part 2 to kick off a second class on deception to launch a discussion on controversial facts presented in the video clips.

Cues to Lying and Becoming Better at Deception Detection  Divide students into groups ensuring there is a story-teller and an interviewer in each group. Have the story-teller of the group produce a story about a time they have got into trouble at school in the past. Ask about half of the story tellers to produce honest accounts and the other half fictitious accounts. Have the interviewers question story tellers about their account while other group members observe. Ask students to judge whether the storyteller was being truthful or deceptive. Have students discuss the cues they used in making these judgments and relate them to research on verbal and nonverbal cues to lying.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

   

4–9

Have students discuss ethical concerns in research assessing deception and what types of studies should be allowed.

Have the class break into small groups and design a training program for laypersons and professionals. What type of cues do they focus on most? Are these accurate or inaccurate? Discuss how the accuracy of such programs could be evaluated?

Discuss the difference between low versus high stakes lies, and how the results of studies may differ depending on what kind of lies are being examined. How could high-stakes lies be examined in a research context?

Ask the class whether they believe there are “wizards” of lie detection? Look up O’Sullivan & Ekman’s (2004) study and present the class with the scenarios used to test the wizard population.

Malingering  Have the class discuss the difference between factitious disorders and malingering.  Break the class into three groups and assign each a model of explaining malingering.

Have each group explain their model’s view to the rest of the class, and then discuss the research support for each model.  Present students with the following scenario: A man has just been charged with assault. He is undergoing a psychiatric evaluation and states that the little green devils instructed him to harm his friend. In the evaluation he reports he hears voices from above and often listens to rap music to drown out the voices. What are some of the indicators of malingering? What are some of the indicators of honesty? What additional information would help you determine if he is malingering or being honest?  Present students with the following scenario: You are interested in studying whether people who malinger are more likely to suffer from other mental disorders compared to the general population. What type of study design would you use? What are the strengths and weaknesses of this design?  Break the class into small groups and have them come up with a list of symptoms they would display if they were trying to feign psychosis for the purpose of appearing not criminally responsible. Discuss these as a class and then compare these to the symptoms listed in on pages 119-121.

SUGGESTED READINGS Aamodt, M. G., & Custer, H. (2006). Who can best catch a liar? Forensic Examiner, 15, 6-11.

DePaulo, B. M., Lindsay, J. J., Malone, B. E., Muhlenbruck, L., Charlton, K., & Cooper, H. (2003). Cues to deception. Psychological Bulletin, 129, 74-118.

Green, D., & Rosenfeld, B. (2011). Evaluating the gold standard: A review and metaanalysis of the Structured Interview of Reported Symptoms. Psychological Assessment, 23, 95-107.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

4–10

Hall, H. V., & Poirier, J. G. (2000). Detecting malingering and deception: The revised forensic distortion analysis. Boca Raton, FL: CRC Press.

Hartwig, M., & Bond, C. F. (2011). Why do lie-catchers fail? A lens model meat-analysis of human lie judgments. Psychological Bulletin, 137, 643-659.

Lykken, D. T. (1998). A tremor in the blood: Uses and abuses of the lie detector.

New York, NY: Plenum.

McCabe, D. P., Castel, A. D., & Rhodes, M. G. (2011). The influence of fMRI lie detection evidence on juror decision-making. Behavioral Sciences & the Law, 29, 566-577.

Memon, A. (2003). Psychology and law: Truthfulness, accuracy and credibility.

Canada: John Wiley & Sons.

O’Sullivan, M., & Ekman, P. (2004). The wizards of deception detection. In P. A. Granhag & L. A. Strömwall (Eds.), The detection of deception in forensic contexts (pp. 269-286). New York, NY: Cambridge University Press.

Rogers, R. (2008). Clinical assessment of malingering and deception. (3rd ed.). New York, NY: Guilford Press.

Vitacco, M. J., Rogers, R., Gabel, J., & Munizza, J. (2007). An evaluation of malingering screens with competency to stand trial patients: A known-groups comparison. Law and Human Behavior, 31, 249-260.

Vrij, A. (2008). Detecting lies and deceit: Pitfalls and opportunities (2nd ed.). Chichester, UK: Wiley.

Vrij, A., Granhag, P. A., & Porter, S. (2010). Pitfalls and opportunities in nonverbal and verbal lie detection. Psychological Science in the Public Interest, 11, 89-121.

SUGGESTED ONLINE VIDEO RESOURCES 1) The Truth About Liars (CBC, 2009). Featuring the latest science, psychology and technology, we find out how lying is a part of our everyday lives and is integral to our survival (43:42).

Available on cbc.ca 2) Michael Shermer Tests the Polygraph and Lie Detection: Part 1 (Skeptic Magazine, 2007). Can the polygraph machine really scientifically measure if someone is lying, or are all those graphs and numbers just pseudoscience in the service of law enforcement?

Can we tell if someone is lying to us by their body language or facial expressions?

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

4–11

Michael Shermer puts both the polygraph and lie detection to the test in this dramatic episode that features O.J.'s jury consultant lie detection expert (8:24).

Available on YouTube 3) Michael Shermer Tests the Polygraph and Lie Detection: Part 2 (Skeptic Magazine, 2007). Can the polygraph machine really scientifically measure if someone is lying, or are all those graphs and numbers just pseudoscience in the service of law enforcement?

Can we tell if someone is lying to us by their body language or facial expressions?

Michael Shermer puts both the polygraph and lie detection to the test in this dramatic episode that features O.J.'s jury consultant lie detection expert (7:44).

Available on YouTube 4) Brain Fingerprinting and Dr. Larry Farwell (Discovery Channel Wild Tech, 2012).

Brain Fingerprinting detects concealed information in the brain and may be the most effective way to catch a terrorist. It has been used to catch a serial killer and free the innocent (7:00).

Available on YouTube 5) Brain Fingerprinting and Dr. Larry Farwell (PBS Innovation, 2012). PBS Innovation conducted a blind test on a real crime. Brain Fingerprinting detected the perpetrator and correctly identified the innocents (11:26).

Available on YouTube 6) Disability Seeker Faking Symptoms in Psychiatrist Office (Psychstudio, 2010).

Animated sketch demonstrating symptom presentations associated with malingering psychosis for external gain (3:08).

Available on YouTube

SUMMARY OF COURT CASES R. v. Beland and Phillips (1987) Facts:  Beland and Phillips were charged with conspiracy to commit robbery.  The judge denied respondent’s request to take a polygraph test.

Summary: This case challenged the value of polygraph tests within the criminal justice system. Beland and Philips were convicted of conspiracy to commit robbery. Upon appeal to the Supreme Court, a majority ruled that the polygraph test should have been allowed because the only evidence the crown had was the testimony of a witness.

Therefore, the verdict in this case depended solely upon the credibility of the witness over the credibility of the respondents. Although the results of the polygraph test would have been inadmissible as expert evidence, the Supreme Court of Canada ordered a new trial. An appeal was granted and a new trial was ordered. However, the conviction was upheld upon appeal.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–1

CHAPTER 5 Eyewitness Testimony LEARNING OBJECTIVES      

LO 1: Understand the components of eyewitness testimony.

LO 2: Describe two categories of independent variables and three dependent variables found in eyewitness research.

LO 3: Describe recall memory in an eyewitness context.

LO 4: Describe lineup procedures and how they may be biased.

LO 5: Summarize the debate surrounding expert testimony on eyewitness issues.

LO 6: Outline the recommendations for collecting eyewitness identification evidence.

OUTLINE The Role of Memory  Eyewitness testimony relies heavily on the memory processes of encoding, storage, and retrieval (see Figure 5.1). Encoding occurs when a person directs his/her attention to an aspect of their environment, for example, a scar on a person’s face. The encoded information passes through to short-term memory. Due to the limited capacity of short-term memory, the encoded information only stays there a very short time. Some of the information in short term memory then moves into long-term memory.

Information in long-term memory can be retrieved and recalled. Not all information makes it into long term memory and there is potential for errors to occur in each of these stages.  Memories may change when we recall them, some parts may be embellished and aspects that are forgotten may be speculated upon.  In the eyewitness context, a multitude of factors exist that may affect the processes of encoding and retrieval. These include factors such as inattention to some aspects of the event, and the manner in which the eyewitness is interviewed (as demonstrated in the opening vignette).  Eyewitnesses are frequently required to engage in recall and recognition retrieval.

Recall memory involves reporting details of a previously witnessed event or person.

In contrast, recognition memory involves reporting whether what is currently being viewed/heard is the same as the previously seen person/item of interest.  When eyewitness testimony puts people at harm, short-term and permanent protection is available through the RCMP, with new regulations in 2012 proposed to increase access, security, and protection for witnesses (see Box 5.2).

How Do We Study Eyewitness Issues?  There are different methods to study eyewitness issues, including: examining archival data, accompanying an officer to the scene of the crime and interviewing actual witnesses after police are done, or conducting laboratory simulations.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology







5–2

In the context of laboratory simulations, independent variables can be divided into estimator variables and system variables (Wells, 1978). Estimator variables are those variables present at the time of the crime and which cannot be changed. For example, amount of lighting or presence of a weapon. System variables are variables that may be manipulated to increase or decrease eyewitness accuracy. For example, type of interview or lineup procedure used by the police. In practice, system variables are under the control of the justice system and estimator variables are not. In the lab, however, both types of variables can be manipulated and measured.

There are three general dependent variables assessed in eyewitness research. These include: recall of event/crime, recall of the perpetrator, and recognition of the perpetrator.

- Recall of the event/crime can be assessed by using open-ended recall/free narrative or direct question recall. Open-ended recall/free narrative involves asking witnesses to recount all they remember about the incident, possibly including a description of the perpetrator, without being asked any specific questions. In direct question recall, witnesses are asked specific questions about the crime/perpetrator.

- Information obtained from recall can be assessed for amount of information reported (e.g., number of descriptors regarding the crime/perpetrator provided), type of information reported (e.g., peripheral versus central details), and accuracy of information reported (e.g., proportion of commission and omission errors).

- Information obtained from recognition reports may be examined for accuracy of decision in addition to the types of errors witnesses may make.

Perpetrators are frequently identified using a lineup procedure. A lineup involves presenting a set of people or photos to the witness who must identify if the perpetrator is present and if so, who it is. Voice lineups and clothing lineups may also be conducted. These would involve identifying the voice or the clothing of the perpetrator.

Interviewing Eyewitnesses  An officer interviews a witness to obtain a complete and accurate account of what was witnessed. Both insufficient and inaccurate information can impede an investigation.  Fisher, Geiselman, and Raymond (1987) examined tape recorded interviews to assess how police interview eyewitnesses. Although they found a substantial amount of variation in interviewing techniques used, they were able to identify some key consistencies across tapes. Generally, officers asked witnesses to report what they saw in an open-ended format, quickly followed by a series of direct questions, and ending by asking whether the witness had anything else to add.  Officers often interrupted witnesses, potentially limiting the amount of information that could be obtained from their conscious memory. In addition, officers asked short specific questions that tended to elicit short answers that may not contain important information. Finally, officers tended to ask questions that were not compatible with the information that the witness was currently providing, and often asked suggestive questions which tends to distort the accuracy of the information obtained.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology











5–3

A further issue facing police is memory contamination in cases with multiple witnesses. Witnesses can be “contaminated” if they know what other witnesses have reported. What one witness says about a crime can affect what another witness will say if those witnesses communicate with one another or come to learn what the other has reported. This phenomenon is referred to as “memory conformity” (Bradfield & Pavletic, 2011).

The misinformation effect (also called post-event information effect) occurs when a witness is provided with inaccurate information about an event after it is witnessed (often in the form of leading questions). This ‘misinformation’ is incorporated into their memory and later recalled to have been witnessed (Loftus, 1975).

Past misinformation studies have used a common method or paradigm. Participants were exposed to an event via slides, video, or live action. They were then given a series of questions about the event, some of which contained misinformation. Later, the participants were asked a series of questions about the event, probing their response to the misinformation introduced.

The misinformation effect occurs with a variety of types of questions. Overall, there are three main hypotheses which attempt to account for why the misinformation effect occurs: - The misinformation acceptance hypothesis asserts that witnesses guess at answers they believe the experimenter/officer wants, thus producing the misinformation effect (McCloskey & Zaragoza, 1985).

- The source misattribution hypothesis asserts that witnesses are able to recall both accurate and inaccurate information from their memory. However, since they are unaware of which information is accurate or where it came from, they may retrieve the inaccurate information when recalling the event (Lindsay, 1994).

- The memory impairment hypothesis asserts that the original memory is replaced with the new incorrect information, making the original memory inaccessible (Loftus, 1979b).

In practice, witnesses can be exposed to inaccurate information in a variety of ways.

These include how a question is phrased by a police officer or a witness being exposed to details that were recalled incorrectly by another witness.

Procedures That Help Police Interview Eyewitnesses  Hypnosis may be used in situations where a witness was traumatized and as a result cannot remember much of the incident. Hypnosis may facilitate the retrieval of memories that would have otherwise been inaccessible.  Two of the main hypnosis techniques used are age regression and television techniques. The age regression technique refers to when the witness reverts back to the time when the event originally took place, re-experiencing the event. The television technique refers to when the witness imagines they are watching a television screen with the event playing out as it originally took place.  The major limitation with hypnosis is that the accuracy of information recalled is questionable. Research indicates information elicited from hypnosis is equally likely to be accurate or inaccurate. In addition, witnesses are equally confident that the accurate and inaccurate details are true (Brown, Scheflin, & Hammond, 1998).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

 





5–4

In 2007, the Supreme Court of Canada ruled that testimony elicited under hypnosis was inadmissible because individuals under hypnosis may be more suggestible and may have a difficult time distinguishing between accurate and fabricated memories .

The cognitive interview is an interviewing technique based on principles of memory that was developed in an attempt to enhance memory recall in the eyewitness context (Geiselman et al., 1984). Police may use it on witnesses, but it is not recommended for suspects who may be unwilling to participate. The cognitive interview is based on four memory retrieval techniques used to increase recall: cognitive reinstatement, reporting everything, recalling the event in different orders, and changing perspectives.

In more recent years, the cognitive interview has been expanded to the enhanced cognitive interview (Fisher & Geisleman, 1992), which includes the addition of the following five components: rapport building, supportive interviewer behaviour, transfer of control, focused retrieval, and witness compatible questioning.

Research has indicated that, when compared to standard police interviewing, both original and enhanced cognitive interviewing techniques elicit the recollection of more accurate information (including person, object, and surrounding details) with only a small increase in errors (Memon, Meissner, & Fraser, 2010; Wright & Holliday, 2007).

Recall of the Perpetrator  Descriptions of perpetrators by eyewitnesses tend to be limited in detail and accuracy (Sporer, 1996). In addition, witnesses of a crime may provide fewer descriptors of the perpetrator than those who witness simulated mock crimes (Lindsay, Martin, & Webber, 1994).  Gender, hair, clothing, and height are commonly reported descriptors; however, accuracy varies widely among descriptors. Studies have found that accuracy is the highest for descriptors such as hair colour (Wagstafff et al., 2003) and is the lowest for descriptors such as weight and eye colour (Yarmey, Jacob, & Porter, 2002).  Recent research has examined the potential for improving the accuracy of descriptions by evaluating the use of a standard person for witnesses to refer to while responding to questions about the target person. Although results indicate that the use of a standard does not improve the accuracy of descriptors, it may aid witnesses when recalling descriptors that often are not remembered, such as the appearance of the eyes and mouth (Kask, Bull, & Davies, 2006).  A change in the modality of how a description is elicited from a witness can make a difference in the amount of information recalled. Sauerland and Sporer (2011) examined whether asking for a verbal description of a perpetrator differed from if the witness was asked to write down what they remembered. The researchers found that asking a witness to write out their descriptions produced shorter and less accurate descriptions than when witnesses orally stated their descriptions.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–5

Recognition Memory and Lineup Identification  Recognition memory can be tested using lineups or photo arrays, video surveillance records, or voice identification.  Lineups involve recognition of the perpetrator by a witness using a procedure where the suspect is placed among others who are known to be innocent, labeled foils or distractors.  Police can use two types of strategies to decide on the physical appearance of the lineup distractors. A similarity-to-suspect strategy matches lineup members to the suspect’s appearance, whereas a match-to-description strategy sets limits on the number of features that need to be matched. With this strategy, distractors are matched only on the items that the witness provided in his or her description. It is often suggested that a fair lineup is used, where the suspect is relatively similar in appearance to the foils in order to prevent bias in the identification process (Lindsay et al., 1994).  To accurately assess the rate at which witnesses correctly identify perpetrators, two types of lineups are commonly used in eyewitness research. First, target-present lineups are those in which the perpetrator is present and intends to simulate situations where police have arrested the guilty person. In contrast, target-absent lineups are those in which the perpetrator is absent and intends to simulate situations where police have arrested an innocent person. In each type of lineup, only one correct decision can be made. In target-present lineups, the correct response is to correctly identify the perpetrator. In target-absent lineups, the correct response is to reject the lineup.  The other decisions with each type of lineup are errors and have different implications for the witness and the justice system (Wells & Turtle, 1986): foil identification, false rejection, or false identification (see Table 5.1).  Lineups are presented as a set of photographs, live, or videotaped. Photographic lineups are more common than live lineups, as they are more convenient and possibly decrease the amount of anxiety experienced by the witness. Video lineups are now the usual format in the United Kingdom (Horry, Memon, Wright, & Milne, 2012).  There are a variety of procedures by which to conduct a lineup, including: a simultaneous lineup, a sequential lineup, a show up, or a walk by.

- Simultaneous lineups present all lineup members at once to the witness. This procedure encourages witnesses to make a relative judgment, comparing members to one another and choosing the one who looks most like the suspect (Wells, 1993).

- Sequential lineups present lineup members serially to a witness. In other words, witnesses are provided with one lineup member at a time and must make a decision before proceeding to the next lineup member. Thus, this procedure encourages witnesses to make absolute judgments, where each member of the lineup is compared to the witness’ memory of the perpetrator (Wells, 1993).

- A showup involves showing only the suspect to the witness. This procedure has been criticized as being biased against the suspect since the witness knows who the police believe committed the crime that in turn, may increase the possibility of a false identification (Wells, Leippe, & Ostrom, 1979).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–6

-









A walk by is conducted in a natural environment. The witness is escorted to a public area (e.g., coffee shop) the suspect is likely to be and when the suspect is in view the witness is asked if they can see the perpetrator.

Compared to simultaneous lineups, sequential lineups have been found to reduce the likelihood that an incorrect identification will be made in target-absent lineups (Lindsay & Wells, 1985). Recent research, however, suggests that this superiority of sequential over simultaneous lineups may dissipate when taking into account certain methodological factors (McQuinston-Surrett, Malpass, & Tredoux, 2006).

In terms of the assessment of showups, research is mixed. Although some research has concluded that witnesses were more likely to reject a showup than a lineup (Gonzalez, Ellsworth, & Pembroke, 1993), a more recent meta-analysis suggests that lineups produce lower false positive identification rates than showups (Steblay, Dysart, Fulero & Lindsay, 2003).

Consideration of where suspect photos are placed in a lineup also may be relevant to consider. A recent study by Megreya, Bindemann, Havard, and Burton (2012) examined the eye movements of witnesses examining a lineup. Faces that were on the left side were looked at first. Also, foils on the left side were more likely to inaccurately identified as the target.

Biased lineups imply who the police suspect is in the lineup, thereby suggesting who the witness should select. There are many types of biases that may increase the likelihood of false positive identifications, including: foil bias, instruction bias, and clothing bias.

Voice Identification  Studies have found that correct voice identification decreases when: voices are changed by whispering or emotion, a large number of foils are used, the target’s face was visible when first hearing the voice, and when the perpetrator’s voice is placed near the end of the lineup (Bull & Clifford, 1984; Clifford, 1980; Cook & Wilding, 1997; Doehring & Ross, 1972).  Similarly, recent research has found that correct identification decreases as the speaker’s accent becomes less familiar to the participant (Kerstholt, Jansen, Van Amelsvoort, & Broeders, 2006). Accents also have been associated with poorer physical descriptions, less detail, and less accuracy (Pickel & Staller, 2012).

Are Confident Witnesses Accurate?  Overall, research has found that exposing the same witness to a range of independent lineups, each relating to a different characteristic of the suspect (e.g., voice, clothing, body type), enhances the reliability of an eyewitness’s identification of the suspect (Pryke, Lindsay, Dysart, & Dupuis, 2004).  Previous American cases have argued that confidence should be used as an indicator of eyewitness accuracy. Overall, there appears to be only a small positive correlation between accuracy and confidence. However, when confidence assessments are taken immediately following an identification, the relationship can be strong (Wixted, Mickes, Clark, Gronlund, & Roedinger, 2015). There also are a number of moderator variables that can increase or decrease this relation (i.e., post-identification feedback; Douglass & Steblay, 2006).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology





5–7

Research also indicates that confidence increases with greater frequency of expressing a decision (Shaw, 1996; Shaw & McClure, 1996). Inflated confidence may be problematic given that it is an indicator used by fact-finders (i.e., judges and juries) to assess accuracy.

Wells, Small, Penrod, Malpass, Fulero, and Brimacombe (1998) have recommended that police ask witnesses for their confidence rating immediately following their identification decision prior to any feedback and that this rating be used in court.

Estimator Variables  Estimator variables in lineup procedures include age, race, and weapon focus.  AGE: Young adults appear to be more accurate witnesses than older adults, though some differences in correct identification rates have been reported.  RACE: Witnesses are able to remember faces of people of their own race more accurately than faces from other races. This phenomenon is termed the cross-race effect (also called other-race effect or own-race bias). In a Canadian study, the crossrace effect was examined by using Caucasian and First Nation samples (Jackiw, Arbuthnott, Pfeifer, Marcon, & Meissner, 2008). Similar to other studies, both Caucasian and First Nations participants were more accurate at recognizing faces from their own race compared with the “other” race.  There are many theories that attempt to explain this phenomenon (see Meissner & Brigham, 2001 for a review): - Attitudes: Some believe attitudes affect the ability to identify those of a different race; those who are less prejudicial would be more likely to correctly identify those of another race. Research, however, does not support this explanation (Slone, Brigham, & Meissner, 2001).

- Physiognomic homogeneity: Others assert that there is less variability in the appearances of other races, this is called physiognomic homogeneity. Research does not support this hypothesis (Goldstein, 1979). However, research does suggest that certain features (e.g., hair colour for Caucasians rather than Asians), are a better discriminating factor for certain races (Sheperd, 1981).

- Interracial contact: Some assert that the more contact you have with other races, the better able you are to discriminate between them. There is some support in the research for this interracial contact hypothesis (Cross, Cross, & Daly, 1971).  WEAPON FOCUS: A witness will remember less about the crime and perpetrator when a weapon is used. The witness is more likely to pay attention to the weapon than the perpetrator, a phenomenon labeled weapon focus. There have been attempts to explain the occurrence of this phenomenon, including the cue-utilization hypothesis and unusualness hypothesis (see Fawcett, Russell, Peace, & Christie, 2013 for review).  The cue-utilization hypothesis asserts that high emotional arousal decreases attentional capacity, making central details (e.g., a weapon) more likely to be encoded than peripheral details (Easterbrook, 1959). There is limited support for this hypothesis.  The unusualness hypothesis asserts that weapons are unusual and this attracts attention which limits the ability to encode other details (Pickel, 1999). Moreover, the weapon focus effect will occur with any object that is unusual. In addition, recent

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–8

studies have found that “unusualness” can extent to perpetrators, such that perpetrators with unusual facial features may attract attention away from weapons, thus improving identification (Carlson & Carlson, 2012). There is support for each of these hypotheses.

Expert Testimony on Eyewitness Issues There is some controversy regarding the application of research on eyewitness issues to the courts. Points of contention include applicability of laboratory simulations to real world situations, reliability of results, and common sense of research findings.

Issues that were deemed sufficiently reliable included lineup procedures, interview procedures, and the confidence–accuracy relationship.  Overall, several studies have suggested that the lay public may not be sufficiently knowledgeable about eyewitness issues to evaluate this evidence in court. In a recent Canadian survey by Read and Desmarais (2009) however, they found that participants demonstrated a greater accuracy with regard to eyewitness issues than has been found in the past with the lay public.  Currently in Canada, the criminal justice system limits and may refuse expert testimony on eyewitness issues. 

Public Policy Issues and Guidelines  Attention has been focused on examination of cases of wrongful conviction (i.e., organizations such as the Innocence Project or Association for the Defence of the Wrongfully Convicted). According to Turtle et al. (2003) in more than 75% of DNA exoneration cases, the primary evidence used to convict was eyewitness identification.  Guidelines have been developed to aid in reducing inaccurate lineup identifications (Wells et al., 1998). The person who conducts the lineup should not be aware of who is the suspect, eyewitnesses should be informed the perpetrator may not be present in the lineup, lineup foils should not be distinct in characteristics that the witness reported or other factors that would draw attention to the suspect, and a clear statement regarding confidence in the identification decision should be taken from the eyewitness at the time of the decision.  The wrongful conviction of Thomas Sophonow in Manitoba (and the inquiry that followed) led to several additional recommendations: a) the photo lineup procedure should be videotaped or audiotaped from the point the officer greets the witness to the completion of the interview; b) officers should inform witnesses that it is just as important to clear innocent suspects as it is to identify guilty suspects; c) the photo lineup should be presented sequentially; and d) officers should not discuss a witness’s identification decision with him or her (see Box 5.4).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–9

SUGGESTED LECTURE ACTIVITIES The Role of Memory  Prepare a brief crime video and show this video to the class. Ask students to record what they remember. Reshow the video and have students assess the accuracy of their memory. NOTE: You also could do this with a staged scenario where you have someone run into your class and take your laptop bag or something along those lines (avoid use of any weapons).  After showing a crime video (or simulated event with a witness or description of a criminal event), ask the class to identify what factors might limit an eyewitness account in that scenario (similar to the example of Lucy in the opening vignette).

The Laboratory Simulation  Break students into small groups and have them design an eyewitness simulation study that has real-life or high external validity. You could vary this according to simulation studies or field studies as well. Ask them to identify their independent and dependent variables.  Have students locate an article involving a field study of eyewitness testimony and one involving an eyewitness simulation (or you choose two and assign them as readings). Ask the class how these different methodologies might lead to different results/findings concerning EWT.  Discuss with the class whether there are other ways to measure eyewitness accuracy.

Discuss differences between testimony (or details about the event) relative to identification (details about the perpetrator).  Locate a simulation video or event online to run in class, such as The Eyewitness Test (http://www.psychology.iastate.edu). Use this to demonstrate relevant class concepts and launch into a discussion about types of methodologies, styles of assessing memory, etc. NOTE: the web link provided also provides a good demonstration of a target-absent lineup and how false identifications occur.

Interviewing Eyewitnesses  Prepare a brief crime video. Show the video to half the class. Have the other half of the class interview the witnesses using either the cognitive interview or a “standard” police interview. Compare the number of correct and incorrect details reported on average across the two types of interviews.  Prepare a brief crime video. Have all students watch the video. Following the video, provide students with a brief summary of the video (e.g., 1 paragraph) including some inaccurate information about details in the video. Ask students to read the paragraph for grammar. Following their reading, ask students a set of questions probing accurate details and the details that were inaccurate in the paragraph. Compare the accuracy of both types of details.  Ask students to break into groups and discuss how they would design an experiment to test whether different types of questioning procedures influence the amount and accuracy of detail elicited from an eyewitness  Run a simulation of the misinformation effect such as what has been done in previous studies (i.e., show a slide or image at the beginning of class, use it as a demonstration

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–10

to some concept where you talk about the image but add in misinformation, and then test the students at the end of class as to what they remember via a series of direct questions to see if they incorporated your misinformation). Images can be drawn from the internet or a standardized picture set such as the International Affective Picture System (Lang, Bradley, & Cuthbert, 1999).

Procedures that Help Police Interview Eyewitnesses  Ask the class what their opinion is concerning hypnotically refreshed testimony. Try to find a real-life case or simulated example to discuss whether this procedure can bias memory. Relate this back to Chapter 3 material on interrogative suggestibility – how do students think suggestive questioning while under hypnosis would impact recall?  Ask for student volunteers to submit to an interview about an event that they are willing to talk about. Interview them using cognitive techniques from the CI, and/or use the standard interviewing protocol, involving many interruptions from the interviewer. Ask the class to identify which interview would solicit more information and likely more accurate information?  Show your students a video or an image at the beginning of the class, and break the class into small groups. Assign each group one of the strategies from the cognitive interview (reinstating the context, reporting everything, reversing order, or changing perspectives). Have them recall what they remember using this method, and then discuss how they feel this influenced their recall. Were some groups more successful than others in recall?

Recall of the Perpetrator  Show students a slide of a face for 5 seconds. Have students record their description of the face. Tally how many descriptors students report on average. Have students assess the accuracy of their descriptors. Chart the accuracy of the common descriptors reported (e.g., hair colour, hair style, clothing, etc.).  Show a short video clip of a perpetrator (or simulate an event with a confederate running in and out of the class), and then have the class as a whole create a composite image of the individual. Online free software tools such as PortraitPad (www.portraitpad.com) allow the generation of realistic faces from a series of over 2000 features (just need to sign up for an account in advance).

Recognition Memory & Lineup Identification  Take several photos of male students at your school. Create five, seven-item descriptions (white, male, 20-25 years, etc.). Choose a male photo for each description that will act as your suspect. Provide an additional 15 photos for each suspect. Break the class up into groups. Provide each group with a description, suspect, and additional photos. Ask each group to create a lineup for the suspect.

Assess whether groups created a “fair” lineup by asking class members to guess who is the suspect for each lineup. Guesses should be spread evenly across the lineup members if the lineup is fair.  Run a lineup identification task with the class, including a brief video or still image, followed by a target absent lineup (i.e., The Eyewitness Test –

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology





5–11

http://www.psychology.iastate.edu). Use this to discuss the different types of lineups and how biased information conditions can occur when witnesses assume the suspect to be in the lineup. This also can be used to emphasize the importance and value of proper police instructions when conducting a lineup procedure.

Divide the class into two groups. Show each the same video of a criminal event, and the same lineup (containing same members), but give half the class a sequential lineup and half the class a simultaneous lineup. See if there are any differences between accuracy levels (correct & false IDs and rejections) and students’ reported experiences with that type of lineup.

Conduct an “earwitness” demonstration. Create a short video or simulation of a criminal event, and then play the class a voice lineup and ask them to identify the perpetrator. Were they accurate? What challenges did they have? Ask the class what factors could improve voice identifications.

Estimator Variables  Use an applied case and video (see below for Jennifer Thompson and Ronald Cotton) to introduce the concept of the cross-race effect, and discuss the implications of this variable that are difficult to control in the real-world  Show the students a crime simulation with an “other race” target perpetrator (relative to most students in the class). Present a lineup and determine accuracy. Use this to launch into a discussion about whether multicultural societies would experience this effect as much and how this still occurs (see article by Jackiw, Arbuthnott, Pfeifer, Marcon, & Meissner, 2008, using Caucasian and First Nations populations).  Break students up into small groups. Have each group design a study to test whether the unusualness hypothesis is true for different objects.  Have a confederate enter the room at the beginning of a lecture pretending to be a student who needs to sign a document for you. The “student” then pulls out a carrot or stick of celery, and pretends to sign using a vegetable, then politely leaves the class. Ask the class questions about the face of the “student”, colour of the paper, or other details peripheral to the scene to see if they were focusing more on the vegetable than anything else. You can create your own scenario along these lines containing an unusual item to demonstrate memory narrowing.

Expert Testimony on Eyewitness Issues  Have students debate whether eyewitness experts should be allowed to testify. What limitations, if any, should be placed on the expert testimony if allowed?  Provide your class (prior to the eyewitness unit or at the beginning of the course) the same survey used by Read and Desmarais (2009) regarding public knowledge about eyewitness phenomenon. Assess your results and present them to the class during this lecture unit.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–12

SUGGESTED READINGS Doyle, J. (2005). True witness: Cops, courts, science, and the battle against misidentification. New York, NY: Palgrave Macmillan.

Fawcett, J. M., Russell, E. J., Peace, K. A., & Christie, J. (2013). Of guns and geese: A meta-analytic review of the “weapon focus” literature. Psychology Crime and Law, 19, 35-66.

Lindsay, R. C. L., Ross, D. F., Read, J. D., & Toglia, M. P. (Eds.) (2012). The handbook of eyewitness psychology: Volume II memory for people. New York, NY: Routledge.

Loftus, E. F., & Ketchem, K. (1991). Witness for the defense. New York, NY: St. Martin’s Press.

Memon, A., Meissner, C. A., & Fraser, J. (2010). The cognitive interview: A metaanalytic review and study space analysis of the past 25 years. Psychology, Public Policy, and Law, 16, 340-372. Öhman, L., Eriksson, A., & Granhag, P. A. (2013). Enhancing adults’ and children’s earwitness memory: Examining three types of interviews. Psychiatry, Psychology and Law, 20, 216-229.

Ross, D. F., Read, J. D., & Toglia, M. P. (Eds.). (2007). Adult eyewitness testimony: Current trends and developments. New York, NY: Cambridge University Press.

Schacter, D. L. (2002). The seven sins of memory: How the mind forgets and remembers.

Boston, MA: Houghton Mifflin Company.

Scheck, B., Neufeld, P., & Dwyer, J. (2000). Actual innocence: Five days to execution and other dispatches from the wrongly convicted. New York, NY: Doubleday.

Sporer, S. L. (2007). Person descriptions as retrieval cues: Do they really help? Psychology, Crime & Law, 13, 591-609.

Steblay, N. K., Dysart, J. E., & Wells, G. L. (2011). Seventy-two tests of the sequential lineup superiority effect: A meta-analysis and policy discussion. Psychology, Public Policy and Law, 17, 99-139.

Steblay, N. K., & Loftus, E. F. (2013). Eyewitness identification and the legal system. In E. Shafir (Ed.), The behavioral foundations of policy (pp. 145-162). Washington, DC: U.S. Department of Justice.

Thompson-Cannino, J., Cotton, R., & Torneo, E. (2009). Picking Cotton: Our memoir of injustice and redemption. New York, NY: St. Martin’s Press.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–13

Toglia, M. P., Read, J. D., Ross, D. F., & Lindsay, R. C. L. (Eds.). (2007). The handbook of eyewitness psychology: Volume 1 memory for events. Mahwah, NJ: Lawrence Erlbaum Associates Publishers.

SUGGESTED ONLINE VIDEO RESOURCES 1) Eyewitness. (CBS News; 60 Minutes, 2009). Lesley Stahl reports on flaws in eyewitness testimony that are at the heart of the DNA exonerations of falsely convicted people like Ronald Cotton, who was falsely accused of rape.

Part 1: Available on www.cbsnews.com (12:46) Part 2: Available on YouTube (13:08) 2) When Eyes Deceive – Eyewitness Testimony (McGraw Hill/Discovery Channel).

Educational video that provides a demonstration of an in-class theft and the malleability of eyewitness memory (4:35).

Available on YouTube 3) Eyewitness (BBC Documentary, 2010). Three episodes detailing a series of experiments and experts on eyewitness testimony. NOTE: These are available for purchase or clips of these experiments are available online.

Available on bbc.co.uk  Episode 1: Ten people are secretly filmed as they witness what they believe to be a real crime - a knife attack in a Manchester pub. But when they are later interviewed by the police, their memories are radically different to each other's and to what really happened. In an extraordinary experiment with the Greater Manchester Police, the problem of eyewitness recollection is dramatically brought into focus, as are the remarkable techniques used by the modern police to counter our unreliable memories (1 hour).  Episode 2: In the second programme of this series we discover how difficult it is for witnesses to identify suspects. When bystanders get caught up in a bungled armed robbery and one of them is kidnapped, what effect do weapons and fear have on their memories? High tech eye tracker cameras allow us to compare what witnesses remember from the crime with what they actually saw. The difference between recall and recognition is illustrated by witnesses who can't describe suspects they clearly saw, yet recognise suspects they can't describe (1 hour).  Episode 3: Having many witnesses to a crime helps the police piece together the facts. But what happens when the only witness is also the victim? Stephanie Slater was blindfolded during her kidnap but her attacker was caught because police interviewers were able to help her recall the sounds and smells she experienced during her ordeal. But memory can be easily contaminated. Jennifer ThompsonCannino identified an innocent man as her rapist. He spent 11 years in jail. Now, British police use cutting-edge techniques designed to collect uncontaminated eyewitness testimony so that they can secure a safe conviction, as in the case of Louise Aird, whose home was broken into during a £2 million art theft (1 hour).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–14

4) Manufacturing Memories (CBS 60 Minutes, 2009). Memory expert Elizabeth Loftus shows Lesley Stahl how memories can be manipulated (1:51).

Available on www.cbsnews.com 5) Mistaken Eyewitness Identification and False Confidence: The Creation of Distorted Retrospective Judgment (CornellCast, 2009). Gary L. Wells, professor of psychology at Iowa State University, discusses the phenomenon of mistaken eyewitness identification and the psychology of how these errors happen (58:53).

Available on ctl1.com 6) Global3000 – Digital Face Training (DW-TV, 2009). How a computer program can help people from different cultures to better understand each other. Why do all Chinese people look the same? The answer is, of course, that they don't. But what sounds at first like prejudice, is in fact the genuine experience of many Europeans. People from Asian or African cultures often have the same difficulties differentiating between European faces.

Psychologists call it the cross-race effect. Face types that we rarely see, appear all the same to us. Ansgar Bittermann realized that this phenomenon could hinder close trade relations. So he developed a training program to help businessmen and women dealing with partners in China. More than 8500 photos and videos of Chinese people in all kinds of moods and situations are designed to help Europeans better understand their potential business partners. Computer games simulate dialogue situations, revealing whether the business partner is still listening and interested or whether he or she is perhaps becoming impatient. Global 3000 takes a closer look at this program designed to help Europeans understand the nonverbal communication in China (4:34).

Available on YouTube NOTE: Could be used in conjunction with discussion of the cross-race effect, as well as getting students to “test” the effectiveness of such computer programs in reducing the cross-race effect.

7) David Milgaard Case: Who Killed Gail Miller? (CBC Fifth Estate, 1990). The Fifth Estate investigates the murder—and the evidence—that put David Milgaard behind bars (16:41).

Available on www.cbc.ca 8) Using Psychological Science to Understand and Improve Eyewitness Identification Evidence (Kansas State University, 2011). Dr. Gary Wells, Distinguished Professor and the Stavish Chair in the Social Sciences at Iowa State University. Received his BS in Psychology from Kansas State University in 1973.

Dr. Wells discusses his area of expertise in his lecture, “Using Psychological Science to Understand and Improve Eyewitness Identification Evidence” (1:00:48).

Available on YouTube

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–15

SUMMARY OF COURT CASES Neil v. Biggers (1972) Facts:  Biggers was convicted of raping Ms. Beamer.  The victim identified the defendant at the police station where Biggers was being arrested for another rape.  The defence argued that the identification was illegal because the victim was biased.

Summary: This case questions the fairness of using “show ups” to identify a suspect. While arresting the defendant for suspicion of raping another woman, the police requested Ms. Beamer to come to the police station to identify whether the suspect was the person who had committed sexual assault on her. Although Ms. Beamer had previously stated that she could not clearly identify her assailant, when she saw Biggers at the police station she was sure he was the person who had raped her. Based upon her testimony in court, he was convicted. The defence argued that the show up identification had biased the victim.

The State Superior Court judge found Biggers guilty and sentenced him to 20 years in prison. Upon appeal, the Supreme Court of the United States upheld the conviction.

R. v. McIntosh and McCarthy (1997) Facts:  McIntosh and McCarthy were charged and convicted of attempted murder, assault with a weapon, several accounts of possession of a deadly weapon, and robbery.  During the incident three witnesses were present.  Defense argued that the judge erred in law by not allowing expert opinions regarding the fallibility of eyewitness testimony.

Summary: This case required the Ontario Court of Appeal to define the rules regarding expert testimony. According to the guidelines for allowing expert testimony, the opinions must be of relevance to the case, must add information that is directly related to the facts of the case, must clarify an issue that is beyond the experience of the general populace, and must be provided by a person qualified to make such opinions. Because the psychologist was going to give testimony that would have simply warned the jurors regarding the accuracy of eyewitness testimony in general, the Ontario Court of Appeal agreed with the trial judge. She further rationalized her decision by stating that the testimony the psychologist would have given was not beyond normal human experience, would not have clarified a specific fact in the case and it lacked scientific evidence to conclude that the three eyewitnesses present during the omission of the crime were not reliable witnesses. Therefore, the appeal was dismissed and the conviction upheld.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

5–16

R. v. Sophonow (1986) Facts:  At his second trial, Sophonow was wrongfully convicted of murdering Barbara Stoppel, a young waitress in Winnipeg, Manitoba. The verdict was appealed on the grounds of judicial errors and over reliance on eyewitness evidence.  Dr. Elizabeth Loftus testified during the inquiry and noted the fallacies associated with eyewitness evidence which was heavily relied upon by the prosecution throughout the trial.  The conviction was overturned and, in 2000, a public apology was made to Sophonow for the undue hardship he endured over the course of the inquiry.

Summary: This case questions reliance on eyewitness testimony within the court system.

Although Sophonow had a credible alibi, it was ignored in favour of extremely flawed eyewitness accounts. For example, Sophonow was arrested on the basis of photo identifications by two witnesses, and a police sketch based on the witness descriptions, among other factors. At Sophonow’s first trial, the jury was unable to make a decision and at the second he was convicted of first degree murder. An appeal was granted, and a third trial was ordered. At the third trial, the Crown presented evidence of C., a prisoner who had testified at the second trial that Sophonow had confessed to him. The Crown also had one witness comment on the build and hand size of Sophonow while remarking on the fit of a glove allegedly worn by the perpetrator. Sophonow was eventually acquitted on the basis that the judge failed to indicate to the jury members the frailties of identification evidence or that caution needs to be taken when convicting on eyewitness identification. The judge also erred in not allowing Sophonow’s alibi as evidence, and in permitting the statement of C., whose pending criminal charges were subsequently stayed after his testimony was given. In addition, it was determined that the conviction was unwarranted as the eyewitness evidence was of such an equivocal nature that it was unsafe to rely upon.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–1

CHAPTER 6 Child Victims and Witnesses LEARNING OBJECTIVES      

LO 1: Describe the factors that have given rise to research into children’s testimonies.

LO 2: Summarize children’s ability to recall/describe people’s appearances and the interview protocols used.

LO 3: Describe the impact delay has on memory.

LO 4: Summarize children’s abilities to recognize culprits and the procedures used for identification evidence.

LO 5: Outline the courtroom accommodations available for child witnesses.

LO 6: Explain child maltreatment categories and related consequences.

OUTLINE History of Child Witnesses  In the early 1900s the prevailing negative attitudes towards child witnesses were tested. Results indicated children were highly suggestible and capable of providing inaccurate testimony; however, the methods used in this research are not well known (Whipple, 1909, 1912).  Research in the area increased during the 1970s when expert testimony was gaining acceptance, social scientists were interested in conducting research that applied to real world problems, and adult eyewitness research was getting noticed. Finally, due to an increase in the number of abuse cases with child victim/witnesses the legal community was taking an interest in relevant behavioural science research (Ceci & Bruck, 1993).  Numerous cases of reported physical and sexual abuse in Canada and the United States prompted researchers to better understand child victims and witnesses (see Box 6.2 for a description of the Martensville Case).  When deciding whether child abuse cases will be prosecuted, police tend to rely on the presence of corroborating evidence and whether the suspect denies the allegations (Powell, Murfett, & Thomson, 2010). However, questioning technique is not heavily considered.

Accuracy of Child Witness Reports  More recent research indicates that children can recall events they witnessed, but it is challenging to determine when they are recalling accurately and when they are fabricating. However, the accuracy of their accounts depends largely on how they are asked to recall (Ceci & Bruck, 1993).  The impact of leading questions is influenced by age. Younger children are more likely to be suggestible from leading questions compared to older children (Roebers, Bjorklund, Schneider, & Cassel, 2002), although older children and adults are not immune to suggestibility.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



  

6–2

Free recall tends to produce more accurate information, however, not much information is elicited in this manner. Direct questioning can increase fabricated information or false claims, as can feedback from the interviewer. In addition, children are more likely to have difficulty with yes/no questions compared to whquestions (Waterman, Blades, & Spencer, 2004).

Recent research examining sexual abuse cases found that How-questions (i.e., how did you feel?) elicited the most evaluative information (descriptions of cognitive, emotional and physical reactions) (Lyon et al., 2012).

Social compliance theory states that children’s increased suggestibility is due to their trust and desire to cooperate with adult interviewers even if they do not understand the question being asked.

Another theory explaining children’s suggestibility is changes to the cognitive system. There are developmental differences in the ways children and adults encode, store, and retrieve information. Children can also “misattribute” where information comes from.

Anatomically Detailed Dolls  Use of props, such as anatomically detailed dolls, have been used by some mental health professionals when children have difficulty providing a verbal account of abuse. Anatomically detailed dolls are consistent with female or male anatomy. The assumption is that a child’s play with the dolls reflects their experience.  Research suggests that use of the dolls may be associated with a higher rate of reporting events that never happened (e.g., Dupree, Patterson, Nugent, & White, 2016). However, other studies have reported few differences in errors between verbal and prop-assisted interviews (Goodman et al., 1997; Melinder et al., 2010).  Several difficulties with the use of these dolls concern lack of standardization in the appearance of the dolls, no consistent scoring of behaviours exhibited by children, and no research on how different groups (i.e., abused/nonabused) play with the dolls.  The APA has developed a policy manual for use with dolls and recommends videotaping all interactions with dolls where possible, and also providing a clear rationale for choosing to use the dolls in the particular circumstances.

Other Techniques for Interviewing Children  Human figure drawings are another popular tool for use in interviews with children.

The limited research suggests there are similar concerns as with anatomically detailed dolls.  Criterion based content analysis (CBCA) was developed to allow differentiation between true and false statements made by children (Stellar, 1989). CBCA is part of Statement Validity Analysis (SVA) that is divided into three components; a structured interview, a systematic analysis of the child’s statements (i.e., CBCA), and application of the statement validity checklist.  CBCA relies on the assumption that there is a difference in the quality and content of real and false statements. In particular, true events are more likely to contain the criteria (e.g., unstructured production, contextual embedding, unusual details, spontaneous corrections) rather than fabricated events. See Table 6.1 for a listing of some of the CBCA criteria.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology











6–3

Research appears to support the ability of SVA to correctly distinguish between accurate and false statements (Parker & Brown, 2000; Stellar, 1989). However, it is not without its critics. CBCA has been criticized for lacking standardization in the criteria used to determine if a statement is true or false (Ruby & Brigham, 1997).

Also, research has shown that age of the interviewee is positively correlated with scores on the CBCA (e.g., Buck, Warren, Betman, & Brigham, 2002). Pezdek et al.

(2004; Blandon-Gitlin, Pezdek, Rogers, & Brodie, 2005) also note that scores are influenced by both how familiar the event is to the child and the age of the child.

Recent studies suggest that certain criteria may be more useful in distinguishing true and false claims of sexual abuse: quantity of details, interactions, and subjective experience (Roma et al., 2011).

The stepwise interview begins by asking children free recall type questions and moves towards more direct questions, as needed (Yuille et al., 1993). Research indicates that this protocol helps to elicit information from children and is comparable to other stepwise variations (Hardy & Van Leeuwan, 2004). See Table 6.2 for a discussion of the Step-Wise Interview stages.

With the narrative elaboration procedure, children learn to organize stories into categories: participants, settings, actions, conversation/affective states, and consequences (Saywitz & Snyder, 1996). Each category has an illustrated card that acts as a cue. Children practice telling stories with the cards prior to being questioned about the critical event. Although not used in many cases of sexual abuse (Faller et al., 2011), research has found that it helps to increase the amount of accurate information reported (Brown & Pipe, 2003) but prompts about the categories also work well to elicit information (Quas et al., 2000).

The National Institute of Child Health and Human Development also developed an interview protocol for use with children. Interviewers use free recall questioning but also have two types of prompts available to establish timelines as well cue prompts to help children provide details (Sternberg et al., 2002). This protocol helps children report detail (Lamb, Hershkowitz, Orbach, & Esplin, 2008) and a revised version of the protocol has been even more successful (Hershkowitz, Lamb & Katz (2014).

The cognitive interview (described in detail in Chapter 5) can be adapted for used with child witnesses and has been found effective for helping children recall accurate information (e.g., Holliday & Albon, 2004; Memon, Meissner, & Fraser, 2010).

Recall Memory Following a Long Delay  There is debate regarding the ability to recover memories of child sexual abuse as an adult. Some believe that child sexual abuse is so traumatic for some individuals that they repress the abuse into their unconscious. Only as adults and with the help of therapists are they able to recall the abuse. Others argue suggestive techniques used in therapy result in false memory syndrome. That is, when a person comes to falsely believe they were abused as a child.  One of the main points of contention in this debate is whether it is possible to forget traumatic memories, only to remember them years later (see Box 6.4 for a case involving such claims).  Any recovered memories should be interpreted with caution. Lindsay and Read (1995) recommend five points to consider when assessing the validity of a recovered

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology





6–4

memory, including: age of complainant at time of abuse, the techniques used to recover the memories, consistency of reports across interview sessions, motivation to recall, and time elapsed since the alleged abuse.

Courts have begun to see a rise in the number of cases dealing with historic child sexual abuse (HCSA). This relatively new phenomenon refers to instances of sexual abuse which allegedly occurred several years before prosecution, with the victim having a continuous memory of the offence (Connolly & Read, 2006; see Box 6.5).

Research has examined the influence of various factors on the verdicts from judgeonly and jury trials for cases involving HCSA. Specifically, research has found that: for younger complainants at the time of the prosecution, for abuse involving threats, and for defendants who had a close relationship with the complainant, the more likely a guilty verdict will be reached. In contrast, when the delay between the abuse and reporting is longer, expert testimony is present, and when the complainant does not report a repression of memory, the more likely an acquittal will be handed down (Read, Connolly, & Welsh, 2006). Further, higher guilt ratings have been associated with shorter delays between the incident and reporting, and when the defendant is more closely related to the alleged victim (Pozzulo, Dempsey, & Crescini, 2010).

Recall for People  Older children provide a greater number of details when describing a culprit than younger children (Davies, Tarrant, & Flin, 1989). Height, weight, and age are often mentioned descriptors and if not mentioned may be requested by police. Both children and youth have difficulty with accurately stating these descriptors (Davies, Stephenson-Robb, & Flinn, 1988; Pozzulo & Warren, 2003). In addition, exterior facial features, such as hair, are more likely to be reported than interior facial features such as shape of nose.  Interviewers should be careful not to introduce their own biases and stereotypes when questioning children, as this can influence their recall and susceptibility to suggestions (e.g., Candel, Hayne, Strange, & Prevoo, 2009; Leichtman & Ceci, 1995; Memon, Holliday, & Hill, 2006).  A recent meta-analysis (Fitzgerald & Price, 2015) indicates that there is a developmental increase in lineup identification accuracy from childhood to young adulthood. Contrary to research with adults, accuracy using the sequential lineup increases children’s false positive rate compared to a simultaneous lineup (Pozzulo & Lindsay, 1998).  Pozzulo and Lindsay (1999) created a lineup procedure (i.e., elimination lineup) for children that decreases their false positive rate compared to simultaneous presentation. With the elimination procedure, initially, all pictures in the lineup are presented to the children and they are asked to select the one that looks most like the culprit (relative judgment). Next, the child is asked to compare his/her memory to the most similar lineup member they selected to determine if it is in fact the culprit (absolute judgment). The elimination procedure increases the correct rejection rate for children compared to the simultaneous procedure.  In target-absent lineups, research suggests that social factors (i.e., feeling pressured to make an identification) may play a bigger role in erroneous identifications than

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–5

cognitive factors (i.e., memory deficits) (Pozzulo, Dempsey, Bruer, & Sheahan, 2010).

Testifying & Courtroom Accommodations  Prior to Bill C-2 (2006) children under the age of 14 years were required to undergo a competency inquiry before testifying in court in Canada as set out in section 16 of the Evidence Act. This inquiry assessed the ability of the child to understand the differences between truth and a lie, and made the child feel compelled to tell the truth.

In addition, the ability to communicate was assessed.  Bill C-2 recognized that children’s actual truth-telling behavior was not related to how well they understood the meaning of truth. Under section 16.1 of the Evidence Act, children are still required to show competency for understanding and responding to questions. Children must promise to tell the truth and testify under that promise.

Children are no longer questioned regarding their ability to distinguish between truth and lie and abstract notions of promise or oath (Bala, Lee, Lindsay, & Talwar, 2010).  Due to the stress and trauma children may experience from testifying in court, the Canadian justice system has allowed for alternatives in any case where a child must testify. These include having the child testify from another room via closed circuit television, using a screen to separate the child and defendant, letting the child have a support person present while testifying, video-recording interviews about the crime, closing the courtroom to the public, and admission of initial disclosure statements made by children into court as evidence.  Bill C-2 also precludes children under the age of 18 from being cross-examined personally by the accused.

Child Maltreatment  There are different categories of child maltreatment defined by Health Canada; physical abuse, sexual abuse, neglect/failure to provide, and emotional maltreatment.  Physical abuse occurs when force is applied to a child to cause injury such as, shaking, biting, or poisoning (see Box 6.6 for a discussion of the distinction between discipline or physical abuse). Sexual abuse occurs when an adult uses a child for sexual purposes; this can include exploitation, exhibitionism, and fondling. Neglect occurs when a child is not provided with requisite attention to meet the child’s needs.

Finally, emotional maltreatment includes either acts of commission or omissions that could cause serious behavioural, cognitive, emotional harm to a child, or mental disorders.  In Canada, the law requires that children in “need of protection” be reported to authorities. While most psychologists are aware of these mandatory reporting laws (Beck & Ogloff, 1995), they may not comply with this legislation due to lack of evidence or beliefs that child protection would not be able to help.  Incidence of child abuse refers to the number of new cases in a specific population occurring in a given time period, usually a year. Prevalence refers to the proportion of the population at a specific point in time that was maltreated during childhood.  Surveys on the prevalence of child maltreatment indicate that the most prevalent complaints are for neglect, exposure to domestic violence, and physical abuse, with emotional maltreatment and sexual abuse representing a smaller proportion of

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology









 

6–6

substantiated cases (Canadian Incidence Study of Reported Child Abuse and Neglect, 2008).

There are various risk factors that have been identified for physical and sexual abuse that increase the likelihood of emotional and/or behavioural problems. Some risk factors for physical abuse include: young maternal age, history of physical abuse, unplanned pregnancy, low SES. Some risk factors for sexual abuse include: poor parent-child relations, presence of stepfather, living without biological parent, poor relationship between parents (MacMillan, 2000). Recent studies also have identified that domestic violence, parental drug and alcohol use, prior child abuse and neglect, being on public assistance, and child behaviour problems are related to a greater likelihood of substantiated physical abuse (Dakil et al., 2012).

Child maltreatment may result in both short and long-term harm to the child. For physical abuse some short-term consequences include depression, perceptual-motor deficits, aggression, heavy episodic drinking, and lower intellectual functioning (Ammerman et al., 1986; Shin, Miller, & Teicher, 2012). In the long-term, children who experienced physical abuse are more likely to perpetrate family violence, in addition to being victimized by violence (Malinosky-Rummell & Hansen, 1993).

Short-term consequences of sexual abuse include sleep disturbances, inappropriate sexuality, eating disorders, and lowered self-esteem (Kendall-Tackett, Williams, & Finkelhor, 1993). The long-term effects of sexual abuse include psychiatric disorders, dysfunctional behaviours, and neurobiological dysregulation (Putnam, 2003). They also may have a greater risk of being sexually abused as adults (Messman-Moore & Long, 2003). See Table 6.4.

The prevalence of child sexual abuse is approximately 10.14%, and other types of maltreatment are more likely to have occurred in individuals that experienced CSA (Perez-Fuentes et al., 2012). Adults with this history also may experience more psychological disorders and suicide attempts (Dube et al., 2005).

Despite possible negative after-effects of maltreatment, not all children who have experienced maltreatment will have negative or lasting effects. Various protective factors can help to insulate children from these negative consequences.

Due to the high number of sexual predators on the internet (see Box 6.7), Canada has made it illegal to communicate with a child for the purpose of committing a sexual act.

SUGGESTED LECTURE ACTIVITIES History  Pick a notorious case of alleged child abuse, such as the Martensville Babysitting case (R. v. Sterling, 1995), the McMartin preschool case, or the Wee Care Nursery School case (with Kelly Michaels). Provide students with a detailed overview of the case.

Use this as a means to launch into a discussion of concepts such as false memory, interviewing children, child suggestibility, etc. Alternately, divide the class into groups to have them discuss how these concepts are evident and demonstrated in these real-life cases.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–7

Recall for Events  Discuss the different forms of questioning children, using specific, open-ended, forced choice, yes/no, or wh-questions. Have students seek out examples of these types of questions on the internet (i.e., video clips) to share an example of each with the class. Then have students discuss how certain question types may be good or bad when applied to child victims and witnesses. What problems do they see with certain forms of questioning? What are their suggestions for improving child questioning?

Techniques for Interviewing Children  Divide the class into two groups. Have half defend the use of anatomical dolls in the questioning of children who allege sexual abuse, and have half argue against the use of these dolls. Tell each group to develop strong arguments before or against their use and about difficulties with procedures.  Present students with the following scenario: During recess a teacher heard a commotion on the playground and went to investigate. When the teacher arrived one of the children was crying. The teacher takes the child inside to find out what happened. What types of questions should the teacher ask?

- Break students into groups and assign each group with the step wise interview, or narrative elaboration. Have them use their assigned technique to develop an interview to use for the child in the above scenario.

Recall Memory Following a Long Delay  Present the class with a real or fictitious case of historical child sexual abuse, and have them assess whether they believe the memory to be true or false based on the five criteria specified by Lindsay and Read (1995).  Choose several articles on recall of historical child abuse (could be general or specific to those written by Dr. Deborah Connolly) and have groups in the class present these articles to the class as a whole.

Describing the Culprit  Display a facial portrait to students for a few seconds. Ask students to state features they remember about the person’s face. Tally the number of interior facial features and exterior facial features. Ask students how these results compare to research with children.  Conduct your own “mini-experiment” with the class where you expose them to an individual (i.e., someone who comes into class to repair a technical problem and ends up yelling at the computer or something along those lines), and then divide them into stereotype, suggestion, and control conditions. Use an online composite photo program (such as Portrait Pad) to have each person in the class create a composite.

Compare these to determine if suggested or stereotypical features are presented on the faces, and how they differ from the control group. Then discuss how different this would be in children.  A criminal justice professional argues that an identification made with a simultaneous lineup by a child witness should be discounted because research demonstrates children are likely to make false identifications. Divide the class in half, one half debates that it should be allowed the other half debates that it should not be allowed.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–8

Testifying in court  Have students generate the pros and cons of each accommodation available for child victims who need to provide testimony in courts. Consider the rights of the child victim versus the rights of the defendant.

Child Maltreatment  Have students contrast the risk factors for child physical abuse versus child sexual abuse. Brainstorm the reasons for the different risk factors.  Have the students discuss what factors they think would be protective factors in two different ways: protective to decrease chance of experiencing physical or sexual abuse, or protective in terms of decreasing the negative after-effects of physical or sexual abuse.  Present students with the following scenario: David is ten years old. When he was six he was removed from his home due to physical abuse and neglect. What are some of the consequences of this maltreatment that David may be experiencing?

SUGGESTED READINGS Fallon, B., Trocme, N., Fluke, J., Van Wert, M., MacLaurin, B., Sinha, V., … Turcotte, D. (2012). Responding to child maltreatment in Canada: Context for international comparisons. Advances in Mental Health, 11, 76-86.

Goodman, G. S., & Melinder, A. (2007). Child witness research and forensic interviews of young children: A review. Legal and Criminological Psychology, 12, 1-19.

King, C. B., & Scott, K. L. (2014). Why are suspected cases of child maltreatment referred by educators so often unsubstantiated? Child Abuse & Neglect, 38, 1-10.

Pozzulo, J. D., & Balfour, J. (2006). Children’s and adult’s eyewitness identification accuracy when a culprit changes his appearance: Comparing simultaneous and elimination lineup procedures. Legal and Criminological Psychology, 11, 25-34.

Pozzulo, J. D., & Dempsey, J. L. (2013). Children’s identification accuracy of multiple perpetrators: Examining the simultaneous versus elimination lineup. Psychiatry, Psychology and Law, 20, 353-365.

Pozzulo, J. D., Dempsey, J., Bruer, K., & Sheahan, C. (2012). The culprit in target-absent lineups: Understanding young children’s false positive responding. Journal of Police and Criminal Psychology, 27, 55-62.

Saywitz, K. J., Esplin, P., & Romanoff, S. L. (2007). A holistic approach to interviewing and treating children in the legal system. In M. E. Pipe, M. E. Lamb, Y. Orbach, & A.-C. Cederborg (Eds.), Child sexual abuse: Disclosure, delay, and denial (pp.

221-249). New York, NY: Taylor & Francis Group.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–9

Tommyr, L., Ouimet, C., & Ugnat, A.-M. (2012). A review of findings from the Canadian Incidence Study of Reported Child Abuse and Neglect (CIS). Canadian Journal of Public Health, 103, 103-112.

Trocmé, N., & Wolfe, D. (2001). Child maltreatment in Canada: Canadian incidence study of reported child abuse and neglect: selected results. Ottawa, ON: Health Canada.

Westcott, H. L., Davies, G. M., & Bull, R. (2002). Children's testimony: A handbook of psychological research and forensic practice. Sussex, England: John Wiley & Sons.

Zajac, R., Garry, M., London, K., Goodyear-Smith, F., & Hayne, H. (2013).

Misconceptions about childhood sexual abuse and child witnesses: Implications for psychological experts in the courtroom. Memory, 21, 608-617.

SUGGESTED ONLINE VIDEO RESOURCES 1) Margaret Kelly Michaels Interview (Oprah, 2003). Interview of Kelly Michaels in the Wee Care Daycare case, and was falsely accused and imprisoned for 5 years (segment approximately 13 minutes).

Available on YouTube 2) Indictment: The McMartin Trial (HBO TV, 1995). The McMartin family's lives are turned upside down when they are accused of serious child molestation. The family run a school for infants. An unqualified child cruelty “expert” videotapes the children describing outrageous stories of abuse. One of the most expensive and long running trails in US legal history, exposes the lack of evidence and unprofessional attitudes of the finger pointers which kept one of the accused in jail for over 5 years without bail (2:11:46).

Available on YouTube NOTE: You could break this up into segments or have your class watch this on their own time and bring it into discussion for one of the activities discussed above or as general discussion about child victims/witnesses and questioning procedures.

3) Truth and Consequence (2012). At Cornell University, renowned psychologist Stephen Ceci studies the accuracy of children’s courtroom testimony, particularly in cases alleging physical abuse, sexual abuse, and neglect. Truth and Consequence is a short independent documentary that focuses on Professor Ceci's research and three court cases in which he testified as an expert witness (37:23).

Available on YouTube

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–10

4) Dr. Joanna Pozzulo (Carleton University, 2012). Dr. Joanna Pozzulo, Psychology Department, discusses the study of eye witness identification and how well a witness can pick out a perpetrator from a line up, what factors can impact accuracy and inaccuracy (2:16).

Available on YouTube 5) The Child Witness (Child Witness Center, 2008). The audience will be part of a journey through the eyes of a 6-year-old child victim who visits the Child Witness Center and gets ready to go to court and testify. The child's dialogue represents the voices of many children who have been helped by the Centre through the years and is taken directly from statements and transcripts (6:03).

Available on YouTube 6) Can You Always Believe the Children? (1993). W5 discussion of cases and the research of Ceci & Bruck about child suggestibility and imagination, including the Sam Stone study (16:33).

Available on YouTube 7) Canada Falling Short on Foster Care, Maltreatment Rates Remain High (2012). A study published recently by Dr. Marni Brownell and colleagues in the Lancet examined information from six different countries, including Canada, and found that despite concerted government intervention, there has been no real reduction in child maltreatment, including abuse, neglect or family violence. One of the indicators of child maltreatment examined in the study was involvement with child protection agencies -how many kids are in care. According to information from the Centres of Excellence for Children's Well-Being (CECW), there were 67,000 children in out-of-home care in Canada on one day in 2007, which translates into one of the highest rates in the world (5:08).

Available on YouTube

SUMMARY OF COURT CASES R. v. Kliman (1998) Facts:  Michael Kliman, a teacher from British Columbia, was arrested and charged with the sexual abuse of two female students.  Both of the complainants (‘A’ and ‘B’) claimed they suffered from memory loss following the traumatic events.  At appeal, the jury was unable to reach a verdict, and at Kliman’s third trial he was acquitted due to the improbabilities associated with the complainants’ testimonies.

Summary: This case displays the difficulties associated with laying criminal charges based on recovered memories of traumatic events, such as instances of sexual abuse. ‘A’ claimed to have recovered several memories of sexual abuse by Kliman while undergoing therapy after being hospitalized for an eating disorder;, however, ‘B’ had no memory of

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–11

the abuse until she was questioned by police following ‘A’’s disclosure. During trial, Dr. Elizabeth Loftus testified that there was no scientific evidence to support the idea that several incidents of trauma could be repressed and recovered at a later time, and that suggestive questions could taint memory of events. Contrastingly, Dr. John Yuille stated that research does exist that supports the existence of dissociative amnesia. At his third trial, Kliman was acquitted. Regardless of the memory issues, the court concluded that many improbabilities existed that made it difficult to rely on the testimony of the complainants.

R. v. Symes (2005) Facts:  In 2005, Kenneth Symes began internet chats with two girls he thought were 12 and 13 years of age.  The “girls” were actually investigators and when Symes attempted to meet with one of the girls, he was arrested, charged, and convicted of luring on the internet.

He received a 12-month sentence.

R. v. Sterling (1995) Facts:  In 1991, the mother of a 2.5 year old girl suspected child abuse by the babysitting service run by Linda Sterling. While no evidence was found of abuse, the investigation continued and several complaints were made against Linda Sterling and her husband and son.  The accusations included being kept in cages, sexual abuse, and witnessing a ritual murder.  All three were arrested and charged with multiple offences including sexual assault, unlawful confinement, and intercourse with a minor.  Dr. John Yuille (UBC) testified that the children were subjected to leading questions and that they were offered rewards for giving answers that were in line with the charges.  Dr. Yuille’s testimony, combined with the lack of physical evidence resulted in acquittal on all charges.  Because of the extremely negative effects on the accused, they were paid $925,000 in recompense.

Summary: This case illustrates the importance of child witness interviewing techniques.

More specifically, children are susceptible to suggestive or leading questions and great care needs to be taken when interviewing them.

R. v. Poulin (2002) Facts:  Lucille Poulin was arrested and charged with assault for using a wooden paddle to beat children placed in her care.  The court ruled that Poulin went beyond discipline and she was sentenced to 8 months in jail.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

6–12

 In 2004, the Supreme Court of Canada upheld Section 43 of the Criminal Code which states that “Every schoolteacher, parent, or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his or her care, if the force does not exceed what is reasonable under the circumstances”. This section had been challenged by the Canadian Foundation for Children, Youth, and the Law as violating other Criminal Code sections (including security of the person, cruel and unusual punishment, and equality). However, while the Supreme Court ruled that section 43 was constitutional, they also stipulated the following: o Corporal punishment is prohibited in schools. o Corporal punishment by parents is prohibited for children under the age of 2 and over the age of 12. o Corporal punishment by parents is allowed between the ages of 3 and 12, but parents are not allowed to use an object to hit the child. o Parents are not permitted to strike children on the head or face, under any circumstances.

Summary: While the outcome of the case was not in favor of the complainant, a number of important caveats were added by the Supreme Court of Canada. These caveats are an important addition to the protection of children and made the rules/laws around discipline much clearer than they had been previously.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–1

CHAPTER 7 Juries: Fact Finders LEARNING OBJECTIVES      

LO 1: Describe types of offences and those heard by juries in Canada.

LO 2: Describe the jury selection process.

LO 3: Distinguish among the characteristics, responsibilities, and functions of Canadian jurors.

LO 4: Describe how we study both juror and jury behaviour.

LO 5: Outline the stages to reaching a jury verdict.

LO 6: Describe the categories of variables that have been examined to predict verdict.

OUTLINE 

Juries may be involved in both civil (involving breach of contract or “harm” known as torts) or criminal (act committed found in the Criminal Code of Canada) cases.

Jury selection and decision rules depend on the type of case. For example, civil jurors may only be composed of 6-8 persons, whereas 12 are required for criminal trials.

This chapter primarily focuses on juries in criminal cases.

The Cases Heard by Juries  Relatively few cases in Canada are tried by jury (relative to the total number of trials), with most being ruled on by judges alone.  There are three types of criminal offences in Canada, summary offences, indictable offences, and hybrid offences.

- Summary offences are heard before a judge and involve sentences of less than six months and a fine less than $2000. Some offences with a maximum sentence of 18 months are also summary offences. Summary offences are tried by judge alone and the defendant does not have a right to a trial by jury.

- Indictable offences are divided into three categories. Those that are less serious offences, for example theft (s. 553 of Criminal Code), that are heard by a judge alone. Highly serious offences, such as treason or murder, must be tried by judge and jury unless consent is obtained by both the attorney general and the accused (s. 473 of Criminal Code). Lastly for some offences, such as robbery, arson, or sexual assault with a weapon, the accused can decide whether the trial proceeds by judge alone, or judge and jury.

- Hybrid offences are a cross between summary offences and indictable offences.

These are offences where the Crown can elect to proceed either summarily or by indictment.

Jury Selection  The Jury Act is provincial legislation that outlines the criteria to be eligible to serve on a jury. Although there are differences across jurisdictions, criteria typically include

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



7–2

a minimum age for jury duty and the professions that are excluded from jury duty.

Prospective jurors are randomly drawn from telephone or voter lists. Those selected receive a jury summons asking them to report for jury duty. Receiving a jury summons does not guarantee that the individual will serve on a jury. There is another selection process with all of the prospective jurors from which the jury will be selected.

Lawyers are able to challenge potential jurors with either a peremptory challenge (do not have to provide reason) or a challenge for cause (must provide a reason). With peremptory challenges lawyers are able to reject jurors without providing a reason for their rejection. In contrast, with a challenge for cause, lawyers must provide a reason for their rejection. The only information lawyers have about potential jurors is name, address, occupation, and physical demeanor. Once a juror is rejected, they go back to the pool of potential jurors and could be selected to sit on a different jury.

Characteristics and Responsibilities of Juries in Canada  There are two requirements in the composition of juries in Canada, representativeness and impartiality. Representativeness requires that the composition of the jury is similar to the community where the crime occurred, which is achieved through randomness. Impartiality refers to an unbiased juror who is able to set aside prejudices, render a verdict based on the admissible evidence, and has no connection to the defendant.  The defence may challenge the composition of the jury based on a lack of representativeness (see Box 7.1). A recent report by former Supreme Court Justice of Canada Frank Iacobucci argued that Indigenous populations are under-represented on Canadian juries and made 17 recommendations to remedy this problem. There are several efforts underway to address these recommendations.  Research indicates that exposure to either negative or positive pre-trial publicity results in a bias against the defendant (e.g., Ruva, Guenther, & Yarbrough, 2011; Steblay, Besirevic, Fulero, & Jimenez-Lorente, 1999). In Canada, judges typically place a publication ban on case evidence until the end of the trial. The publication ban usually occurs at the preliminary hearing before the trial begins, to reduce the likelihood that potential jurors will be biased.  In situations where details do get leaked, the Crown or defense can ask for either a change of venue, adjournment, or a challenge for cause to increase the likelihood of an impartial jury: - A change of venue requires moving the trial to another community.

- An adjournment delays the trial so any biasing effects dissipate.

- A common option is the challenge for cause. The assumption underlying the challenge for cause is that although some prospective jurors may be biased, it is possible to identify these individuals and select nonbiased jurors to serve on the jury. Under Bill C-75, the judge is the trier where a challenge for cause is raised.

The lawyers ask the prospective juror questions and the judge listens to their answers. The judge makes a decision regarding the juror’s impartiality. If the juror is believed partial, that juror is screened out. If the juror is believed impartial, then that person becomes the first member of the jury and replaces one

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–3

of the triers. This process is repeated until twelve jurors are selected (see Box 7.3 for examples of Canadian cases that used challenge for cause).

Jury Functions  Juries are fact finders. They apply the law to the evidence in a case and make a decision as to the guilt of the defendant. Other jury functions have included applying the wisdom of 12 (rather than wisdom of one), acting as the conscience of the community, protecting against out-of-date laws, and increasing knowledge about the judicial system.  Jury nullification occurs when juries choose to ignore the law and render a verdict based on different criteria. Jury nullification may happen in cases in which juries believe the law is unfair given the circumstances of the case or the punishment for the conviction is too severe for the crime. In Canada, jury nullification occurred in controversial cases involving abortion and euthanasia (see Box 7.4).  Research indicates that giving juries nullification instructions may influence jury decision making and result in both socially favourable and unfavourable outcomes (Meissner, Brigham, & Pfeiffer, 2003, p. 253). Further, emotional biases have been found to influence verdicts (Kerr et al., 2008).

How Do We Study Juror and Jury Behaviour?  Methodologies used for studying jury behaviour include interviews with jurors, archival research, simulation techniques, and field studies.

- In Canada, post-trial interviews with jurors are against the law. Jurors are forbidden from disclosing the content of their deliberations. However, talking to jurors who sat on juries in other countries, such as the United States, is possible.

- Archival research relies on existing documents pertaining to past cases such as trial transcripts and police interviews of witnesses.

- Simulation techniques are more commonly used to understand juror/jury behaviour. Mock jurors are presented with a simulated trial and then asked to render a verdict and answer questions about the case. The trial information can be manipulated by the researcher to assess the impact of the independent variables on verdict and other dependent measures.

- Field studies involve observing the decision-making process of a real jury. This method requires cooperation from actual jurors while serving on jury duty and the Court presiding over the case.

- There are many pervasive myths about jurors and juries (see Box. 7.5).

Reaching a Verdict  Once all the evidence has been heard and the closing arguments have been made, judges provide the jury with instructions regarding the law that is to be applied in the case. The jury then begins to deliberate, that is, they discuss the evidence in a private setting, to reach a verdict.  Jurors may have access to comprehension aids while listening to the evidence. These include note taking and asking questions. Currently in Canada, the trial judge decides if note taking and jurors’ questioning is allowed on an individual trial basis (Ogloff & Rose, 2005). With regards to questioning, once lawyers have completed the

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology





7–4

questioning of witnesses, jurors may submit their questions to the judge and he/she decides if they are permissible. While it appears that note-taking does not impair juror recall of the evidence (Thorley, Baxter, & Lorek, 2015), research on the ability to ask questions has mixed findings (Penrod & Heuer, 1997). The recent influx of crime dramas also may change jurors expectations concerning evidence .

During trials, lawyers or witnesses may make inadmissible statements that juries will be instructed to disregard. Research suggests that jurors may not ignore evidence although they have been instructed to disregard it (Hans & Doob, 1976). In fact, the backfire effect involves the evidence becoming more memorable after the judge’s instruction to disregard it (Paglia & Schuller, 1998; Rose, Chopra, & Ogloff, 2001).

At this point, it is unclear how to remove the cognitive influences associated with inadmissible evidence (Daftary-Kapur, Dumas, & Penrod, 2010).

The instructions judges provide to juries, prior to deliberations, are often long and complex. Research indicates that many jurors do not understand, remember, or accurately apply judges’ instructions (Liebreman & Sales, 1997). As a result, four reforms for judges instructions’ have been proposed; (1) rewriting instructions to simplify, (2) providing a written copy of instructions to jurors, (3) providing pre- and post-evidence instructions, and (4) having lawyers clarify legal instructions during their presentation to the jury. Some of these methods may increase jurors’ comprehension of the judge’s instructions.

Jury Decision-Making Models  There are two models that try to explain the jury decision making process; mathematical models and explanation models.

- Mathematical models view jurors as conducting a set of mental calculations regarding the importance and strength of the evidence presented (Hastie, 1993).

However, research indicates jurors do not put a value to each piece of evidence (Ellsworth & Mauro, 1998). Therefore, a mathematical model may be inconsistent with how juries actually make decisions.

- Explanation models suggest evidence is organized into a coherent whole. The verdict that best fits the “whole” is the verdict rendered. A type of an explanation model is the story model. The story model involves imposing a story structure on the evidence and it has been proposed that the story is then evaluated for adherence to three criteria: coverage, coherence, and uniqueness (Devine, 2012).

Research indicates this is more consistent with how jurors make their decisions (Pennington & Hastie, 1986, 1988).

Deliberations and the Final Verdict  In Canada, criminal juries typically contain 12 people and the case can continue as long as no more than 2 people drop out. Once deliberations begin, juries are sequestered until the verdict is reached and the jury is dismissed. Jurors are not allowed to speak with anyone outside the jury or a court-appointed officer.  Two factors can influence a juror’s position on the case: polarization and a leniency bias. Polarization occurs when following a group discussion, individuals become more extreme in their initial position (Baron & Bryne, 1991). The leniency bias occurs when jurors move toward greater leniency following a deliberation (MacCoun

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology







7–5

& Kerr, 1988). Leniency may be influenced by factors such as group affiliation, racial biases and stereotype activation (Adams, Bryden, & Griffith, 2011; Miller, Maskaly, Green, & Peoples, 2011).

A jury verdict in Canada must be unanimous. If a jury cannot reach a unanimous verdict, the jury is said to be hung or deadlocked. Alternately, in some jurisdictions of the United States and the United Kingdom verdicts only require a majority of jurors to agree. The required number that makes a majority varies across jurisdictions.

Research indicates that when a majority is required rather than a unanimous verdict, juries reach decisions faster and do not discuss evidence and law as thoroughly (Hastie, Penrod, & Pennington, 1983). In addition, final verdicts are often consistent with pre-deliberation polls taken by the jury members (e.g., Devine et al., 2004).

Juries tend to approach their deliberations in one of two styles: verdict driven (initial poll and then deliberate) or evidence driven (deliberate and then poll jury) (Hastie, Penrod, & Pennington, 1983).

Predicting Verdicts  Research has been conducted assessing if certain variables can predict the verdict a juror would render. Some common variables assessed are demographic variables, personality variables, attitudes, defendant characteristics, victim characteristics, and expert testimony.

- Research linking juror demographic characteristics to verdicts is small and inconsistent (Bonazzoli, 1998). However, research examining the relationship between juror demographics and defendant characteristics is more promising. The gender of the juror may influence decision-making, especially in cases of sexual assault and when myths and stereotypes about defendants and victims exist (Hammond, Berry, & Rodriguez, 2011).

- Racial bias in jury decision making is the disparate treatment of racial out-groups.

Participants are more likely to convict an other-race defendant relative to defendants of their own race (Mitchell, Haw, Pfeifer, & Meissner, 2005). This effect can be moderated by the saliency of race (Bucolo & Cohn, 2010) and the strength of evidence (Perez, Hosch, Ponder, & Trejo, 1993). In particular, the black sheep effect refers to higher punitiveness towards a defendant of the same race as the jury when the evidence against the defendant is strong (and greater leniency towards a same-race defendant when the evidence is weak).

- Personality characteristics such as authoritarianism are associated with a proprosecution bias (Devine & Caughlin, 2014). More persuasive jurors tend to be extroverted, and jurors who are experiential processors (relying on personal experience and emotion) are more influenced by extralegal factors (Gunnell & Ceci, 2010).

- Research assessing attitudes of jurors has found that jurors who are willing to give the death penalty are more likely to render a conviction than jurors who are not willing to give the death penalty (Ellsworth & Mauro, 1998; Simon, Snow, & Read, 2004).

- Defendant characteristics that influence verdict are criminal history (Hans & Doob, 1976) and attractiveness of the defendant (Izzett & Leginski, 1974).

Defendant gender also influences outcomes when the defendant is considered

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

-

-

-

7–6

stereotypical (i.e., male defendant in a sexual assault case) (Mckimmie, Masters, Masser, Schuller, & Terry, 2012).

The importance of victim characteristics becomes more relevant in sexual assault cases. In Canada, rape shield laws were enacted in 1985 to protect victims of sexual assault from being questioned about their sexual history (R.S.C. 1985, c.

C-46, s.276). However, in 1992 the laws were amended allowing the trial judge to decide if questions into the victim’s sexual history are relevant and should be allowed (R.S.C. 1985, c. C-46, s.276; 1992, c. 38, s. 2). Recently, the Supreme Court ruled that the onus is on the defendant to show the victim’s sexual history is relevant to the case (R. v. Darrach, 2000). Research indicates when the victim’s sexual history involved sexual intercourse in the past year, jurors were more likely to doubt the victim’s credibility and find her blameworthy. In addition, the sexual history of the victim did not impact the assessment of the defendant’s belief in consent (Schuller & Hastings, 2002).

Expert witnesses are employed to explain evidence to jurors, but no simple conclusion has emerged on their impact on verdicts. Research suggests that the influence of expert testimony may vary depending on the race and gender of the expert, however, how these factors interact with the race and gender of the juror and content of testimony is unknown. Two important factors that impact the effect of expert testimony are the complexity of the testimony and the credentials of the expert. Participants in simulation research are more convinced by experts with high credentials when the testimony is complex (Cooper, Bennet, & Sukel, 1996).

However, recent studies suggest that the strength of the evidence and how coherently it is presented may have more influence on interpretations of expert testimony than their credentials (Klettke, Graesser, & Powell, 2010). However, archival research indicates professional experts are viewed more negatively compared to lay people (Sundby, 1997).

Expert testimony and battered women syndrome can be influential in domestic violence cases; however, a number of factors can interact with expert testimony and BWS to influence verdicts.

SUGGESTED LECTURE ACTIVITIES Jury Selection  Search your provincial or territorial court services website to locate the jury duty guidelines for your region. As a class, you can go through a Jury Eligibility Questionnaire (available, for example, under Court Services at http://www.albertacourts.ab.ca) so that students get an idea of the questions they could be asked or whether or not they would be eligible.  Provide students with mock trial information (e.g., physical evidence, eyewitness evidence, prior criminal history, etc.). Ask each student to render a verdict confidentially; on a piece of paper. Ask for two volunteers to act as either a Crown lawyer or a defence layer. Have the remaining students act as potential jurors who are called up individually and questioned by the Crown and defense. After the questioning of each prospective juror, students can decide whether the juror would be

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–7

favourable to acquittal or favourable to conviction. Compare student decisions with the actual verdict rendered by the prospective juror.

Jury Functions  Have students debate the pros and cons of jury nullification.  Debate whether cameras in the courtroom are prejudicial to the defendant. Do cameras change the way the trial is conducted? Are verdicts affected?

How Do We Study Juror and Jury Behaviour?  Provide students with details of a “date rape” case involving two university-aged students (one being a complainant and the other the defendant). Divide the class into groups of 12 (or 6 depending on class size) and have them deliberate to reach a unanimous verdict. Manipulate whether alcohol was consumed by either or both the complainant and defendant. Once a verdict is reached, have the juries discuss what evidence was most compelling for them.  Divide the class in half and have them debate whether a complainant’s sexual history should be allowed into evidence in sexual assault cases.  In the following scenarios ask students what type of research design they would select and why: - You are interested in studying if jurors with certain characteristics are likely to have greater influence in the deliberations compared to jurors without those characteristics.

- You are interested in assessing whether the number of witnesses introduced by the Crown influences the verdict.

- You are interested in assessing what types of different variables appear to impact real-world jury decisions.

- You are interested in assessing if the defendant’s behaviour during a trial impacts verdict.  Much research has been conducted by asking individual participants to render verdicts and make judgments about a case. List the pros and cons to juror (one person) research versus jury research (where a group deliberates to reach a verdict).

How generalizable is juror research to actual juries?

Reaching a Verdict  Introduce the CSI effect to your class, either by playing a brief clip of CSI or Law and Order, where forensic evidence is being discussed. Then ask the class to design and experiment to test the CSI effect. You could divide the class into small groups to come up with several ideas or do this with the whole class and solicit participation.

Jury Decision-Making Models  Brainstorm alternatives to how juries can be educated on evidence that requires specialized knowledge.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–8

SUGGESTED READINGS Daftary-Kapur, T., Dumas, R., & Penrod, S. D. (2010). Jury decision-making biases and methods to counter them. Legal and Criminological Psychology, 15, 133-154.

Devine, D. J., Clayton, L. D., Dunford, B. B., Seying, R., & Pryce, J. (2001). Jury decision making: 45 years of empirical research on deliberating groups.

Psychology, Public Policy, and Law, 7, 622727.

Golding, J. M., Bradshaw, G. S., Dunlap, E. E., & Hodell, E. C. (2007). The impact of mock jury gender composition on deliberations and conviction rates in a child sexual assault trial. Child Maltreatment, 12, 182-190.

Lieberman, J. D., & Krauss, D. A. (2009). Jury psychology: Social aspects of trial processes. Burlington, VT: Ashgate Publishing Company.

Lieberman, J. D., & Sales, B. D. (2006). Scientific jury selection. Washington, D.C.: American Psychological Association.

McKimmie, B. M., Newton, S. A., Schuller, R. A., & Terry, D. J. (2013). It’s not what she says, it’s how she says it: The influence of language complexity and cognitive load on the persuasiveness of expert testimony. Psychiatry, Psychology and Law, 20, 578-589.

Nuñez, N., McCrea, & Culhane, S. E. (2011). Jury decision making research: Are researchers focusing on the mouse and not the elephant in the room? Behavioral Sciences & the Law, 29, 439-451.

Schuller, R. A., & Hastings, P. A. (2002). Complainant sexual history evidence: Its impact on mock juror’s decisions. Psychology of Women Quarterly, 26, 252-261.

Reifman, A., Gusick, S. M., & Ellsworth, P. C. (1992). Real jurors’ understanding of the law in real cases. Law and Human Behavior, 16, 539-554.

Ruva, C., McEvoy, C., & Bryant, J. P. (2007). Effects of pre-trial publicity and jury deliberation on juror bias and source memory errors. Applied Cognitive Psychology, 21, 45-67.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–9

SUGGESTED ONLINE VIDEO RESOURCES 1) Ontario Jury Acquits Abortion Doctor Henry Morgentaler (CBC Digital Archives, November 1984). In 1969 Dr. Henry Morgentaler emerged as one of Canada's most controversial figures when he broke the law and opened the country's first abortion clinic.

Over the next two decades, the Montreal doctor would be heralded as a hero by some and called a murderer by others as he fought to change Canada's abortion laws. Morgentaler and his supporters see Ontario court's decision as a victory for women (2:35).

Available on www.cbc.ca 2) Jury Duty: A Privilege, A Right, A Duty (Alberta Courts). This brief clip shows an inside look at jury duty in Alberta (approx. 10 mins). NOTE: Search your local province or territories Court Services website to locate similar videos across Canada.

Available on albertacourts.ab.ca 3) Jury Selection Process: The Jury System in Canada. Brief video created for educational purposes on jury selection via a step by step process in Canada (2:55).

Available on YouTube 4) 1300 Report for Yukon Jury Selection (CBC News, April 2013). Report from Whitehorse on difficulties in selecting jurors in landmark cases (1:28).

Available on www.cbc.ca 5) Convenient Courtroom Fictions: How Rules of Evidence Relate to Jurors’ Cognitive Behaviors (University of Kansas School of Law, 2012). Dr. Tom Beisecker is the inaugural Shook, Hardy & Bacon Center for Excellence in Advocacy Fellow. Beisecker is a national expert on the empirical study of jury decision-making, how jurors infer missing facts, and how jurors reconcile inconsistent facts when arriving at verdicts. He is also a member of the board of directors of the American Society of Trial Consultants.

Beisecker is an associate professor in the communications studies department at the University of Kansas (1:00:22).

Available on YouTube 6) If Called Upon, Would You Report for Jury Duty? (Yahoo Canada News). Over 20% of Canadians called for jury duty don’t show up, and Nova Scotia judges have begun fining people who skip. If called upon, would you report for jury duty? Watch this informal survey for answers (1:41). NOTE: This also would be a good in-class activity or a challenge to get your students to go conduct an informal survey like this themselves and report back to the class and calculate the average in your local city, province, or territory.

Available on ca.news.yahoo.com 7) Jury Selection for Zimmerman (CBC The National, June 2013). Lawyers will try to convince jurors that his client (George Zimmerman) did not murder Trayvon Martin.

Issues pertaining to jury selection and other-race influences are mentioned (4:17).

Available on www.cbc.ca

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–10

SUMMARY OF COURT CASES R. v. Sherratt (1991) Facts:  Sherratt was convicted of murdering a pimp.  During the investigation there was excessive media coverage regarding the defendant and the victim.

Summary: This case questions the rules of jury selection and the definition of impartiality. It also challenges the balance between having a jury that is representative of the defendant’s community and the defendant’s right to an impartial jury. Additionally, this case forces us to consider the degree of media coverage that is necessary in order to cause the jury to be biased. With regard to the selection of jury members, the trial judge, upon his or her discretion, may allow the lawyers to question potential jurors. In this case, the pre-trial judge did not accept the defence lawyer’s reasoning for questioning jurors - an assumption that jurors would likely be biased due to extensive media coverage. The judge reasoned that the lawyer’s concern regarding past publicity was unfounded since the trial was 9 months after the media coverage had occurred and because the media had not reported a connection between the murder and the perpetrator. After being convicted of murder, Sherratt appealed to the Court of Appeal and lost. The Supreme Court of Canada also dismissed the appeal and upheld the conviction.

R. v. Nepoose (1991) Facts:  Esther Nepoose was charged with second degree murder.  The defence brought a motion to discharge the jury panel or stay the proceedings based upon the argument that the jury was partial because no juror was under the age of 23, and because everyone selected for jury duty lived within 60 miles of the crime location.

Summary: This case challenges the definition of the defendant’s right to a jury of her peers and the validity of the jury selection process. According to the rules, the sheriff is responsible to select a panel that is representative of the community at large, not necessarily the peer group that the accused belongs to. In order to appeal the composition of jurors selected, either party must establish that the sheriff willfully used methods of selection that were prejudicial AND the composition of the jury is likely to be biased in favour of, or against the accused. For example, if jurors were selected from home ownership registries, because most homeowners are wealthier than non-homeowners, this could unfairly bias a jury selected to mitigate a case in which the accused was poor. As stated earlier, it is the onus of the party complaining to establish a direct connection between the willfully prejudicial selection, and the likelihood of impartiality. In this case, the judge ruled there was not sufficient evidence to establish that the sheriff was willfully prejudicial. Likewise, there was no evidence to believe the jury would be biased due to the lack of jurors who were less than 23-years-old, or the absence of persons from outside of a 60-mile radius of where the crime happened. Therefore, her application for a discharge of jury, or stay of proceedings was dismissed. At trial, Nepoose was acquitted

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–11

because the crown was unable to establish that she intended to kill her child. The Crown appealed the decision however, that was dismissed.

R. v. Brown (2005) Facts:  In 2001, Jeffrey Brown and Jeffrey Kindrat (both white) were charged with sexually assaulting a 12-year old Indigenous girl. The jury was composed entirely of white people.  The defendants admitted to engaging in sexual activity with the girl, but the jury returned verdicts of “not guilty” for both men.  In 2005, the Crown appealed on the basis of biased instructions to the jury. The jury was unable to reach a verdict in Brown’s case, and Kindrat was further acquitted.

Summary: This case highlights the need to consider jury composition and its effects on verdicts. Has anything changed since this case? In 2015 (R. v. Kokopenace), the Supreme Court ruled that accused individuals are not entitled to a jury of the same race/religion, but that jury selection must be random and fair. In R. v. Stanley (2017), Mr. Stanley was acquitted by an all-white jury after having shot and killed an Indigenous man who was trespassing on his property. There is some hope for change with Bill C-75 which includes recommendations for jury selection and representation (namely that potential jurors cannot be disqualified through peremptory challenges).

R. v. Guess (1998) Facts:  Gillian Guess was serving on a jury in Vancouver when Peter Gill was charged in two murders in 1995.  Guess began having a relationship with Gill and continued to serve on the jury.  Guess and Gill were both charged with obstruction of justice and Guess was sentenced to 18 months in jail.  The trial judge allowed questions to be posed to potential jurors in challenging for cause based on race.  A new murder trial was ordered on the basis that Guess was not impartial and had violated jury duty.

Summary: This case illustrates the importance of impartiality in jury members. In this case, the relationship with the defendant precluded any impartiality, resulting in a new trial and prison sentences for Guess and Gill.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–12

R. v. McLeod (2005) Facts:  Germain McLeod and Christopher Chung, both black men of Jamaican origin, were charged with first degree murder of a man of Asian descent.  The trial judge allowed questions to be posed to potential jurors in challenging for cause based on race.

Summary: In this case, the Crown and the defence agreed that potential jurors should be examined to ensure that they were impartial. The parties disputed as to the form of the questions that should be posed to potential jurors. Judge Slatter ruled that it was not appropriate for questions to refer to “young” black males, as there is not a general bias against young males as opposed to older males. Questions referring to the gender of the accused were deemed acceptable, as it was possible that jurors have views about black males that differed from their views about black females. Lastly, a question regarding “trustworthiness” or “truthfulness” was deemed unnecessary, as the credibility of the accused could be assessed at trial. Following the usual practice in Alberta, the questions were to be posed by the trial judge, not counsel.

Ultimately McLeod and Chung were found guilty of manslaughter by the jury.

McLeod was sentenced to 9 years imprisonment, plus a further 6 months because he was under a firearms prohibition at the time of the crime. Chung was sentenced to 11 years imprisonment, plus 6 months because he was also under a firearms prohibition.

R. v. Pickton (2007) Facts:  Robert Pickton, a pig farmer from Port Coquitlam, British Columbia, had been charged with the first-degree murder of 26 women  Due to differences in evidence between cases and concern over the length of the trial, the court decided to split the trials into two – one trial for six murders, a second trial for the remaining 20 based on them having different evidence than the six murders in the first trial  A challenge for cause was declared due to concern over the notoriety of the case in the media Summary: A challenge of cause is to set a higher level of scrutiny of potential jury members. In the case of the Pickton trial, the presiding Judge Williams considered the infamy of the case and what was presumed to be a lengthy trial to be just cause for the challenge. The honourable Judge Williams underwent questioning 600 prospective jurors to find a suitable 12 jurors and 2 alternates required for the trial. The Crown and Defence are allowed 22 “peremptory challenges” of jurors. Furthermore, Judge Williams placed a publication ban prohibiting the release of the names or photographs of any of the jury.

This was done to help protect the privacy of the jury members and inhibit any undue influence by the public or the media on the jury. After nearly a year long trial, the jury found Pickton guilty of six counts of second-degree murder as it could not be proved if others had been involved in the murders with him. He was sentenced to the maximum possible in Canada - life imprisonment of 25 years and 25 years parole ineligibility.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

7–13

The Case of the Niqab Facts:  A Muslim woman and alleged victim testifying against her cousin and uncle for sexual abuse when she was a child insisted on being able to wear her niqab (face veil) while testifying  Six years of court appeals have followed debating the issue  In April 2013, Ontario Supreme Court Judge Norris Weisman ruled that the niqab must be removed to testify  The decision was based on the consideration that the niqab “masks her demeanour and blocks both effective cross-examination by counsel for the accused and assessment of her credibility by the trier of fact.” which could in turn lead to an unfair trial and wrongful conviction  The essential issue in the case is if the religious beliefs of the witness would interfere with a fair trial and the judge ruled the fairness of trial outweighed the religious belief in this case  The alleged victim is appealing the decision Summary: The issue of whether the alleged victim, known as N.S. to protect her identity, can wear her niqab while testifying in a trial in which she testifies to years of childhood sexual abuse at the hands of her uncle and cousin, is a contentious one as it weighs the religious beliefs of the alleged victim or witness against the rights of the accused to a fair trial. The Supreme Court passed down a four-part test to balance religious and trial rights. In the first component, the judge must decide if the person has a “sincere” religious belief.

Secondly, it must be decided by the judge if the religious belief would create a “serious risk” to the accused having a fair trial. For example, would a face veil impede the ability for a judge and opposing sides to question and cross-examine a witness to assure a fair trial? Third, the judge must consider all options to determine if there is a way to accommodate both the religious belief of the witness and the rights of the accused to a fair trial. If the third step cannot be met, then a fourth step must be taken. The judge must then weigh if the benefit of a fair trial outweighs any potential harm to the witness by not being allowed to adhere to their religious belief. In this case, the harm would be the inability of a Muslim woman to keep her face covered to men, a very serious religious belief. Also, not being allowed to wear a niqab in court could potentially discourage other Muslim women from testifying or bring forth charges in court. While the seriousness of the case and the fairness of a trial must be decided on a case by case basis for a witness to wear a niqab, it is clear from the Supreme Court’s ruling that the right to a fair trial is paramount and outweighs the religious beliefs of an individual if that belief should be deemed to infringe on the fairness of that trial.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–1

CHAPTER 8 The Role of Mental Illness in Court LEARNING OBJECTIVES      

LO 1: Detail the presumptions in Canada’s legal system.

LO 2: Outline the fitness standard and issues to consider with this concept.

LO 3: Explain Canada’s insanity standard.

LO 4: Describe automatism and examples of cases in which it was used as a defence.

LO 5: Discuss mental illness in offender populations and how it relates to violence.

LO 6: Explain the various options for addressing offenders with mental disorders.

OUTLINE Presumptions in Canada’s Legal System  The cornerstone of English-Canadian law identifies two elements that must be present for criminal guilt to be established: (1) a wrongful deed, also known as actus reus, and (2) criminal intent, also known as mens rea  Issues of fitness, insanity, automatism, and mental disorders all call into question these two basic elements of criminal law Fitness to Stand Trial  Unfit to stand trial refers to a defendant’s inability to conduct a defence at any stage of the proceedings on account of a mental disorder. For example, a defendant may be found unfit to stand trial if he or she is experiencing an episode of schizophrenia and lacks the ability to understand the situation and tell the lawyer the facts of the case.

Also, in a recent Canadian case, R. v. Balliram (2003), it was concluded that an unfit person could not be sentenced.  R. v. Pritchard (1836), a key case for the fitness standard, set the following criteria: whether the defendant is mute of malice, whether the defendant can plead to the indictment, and whether the defendant has sufficient cognitive capacity to understand the trial proceedings.  With the enactment of Bill C-30 (1992), the criminal code states that a defendant is found to be unfit if he or she is unable, due to a mental disorder, to understand the nature of the proceedings, understand the consequences of the proceedings, or communicate with counsel.  The Ontario Court of Appeal in R. v. Taylor (1992) ruled that a defendant need only be able to tell counsel the facts relating to the offence. The defendant need not be able to communicate facts that are in his/her best interests.  Another change to legislation that was introduced with Bill C-30 affected the length of time a defendant could be held in custody for a fitness evaluation. A five-day limit with provisions, if necessary, was legislated. With extensions, the entire length of detention should not exceed 60 days.  The issue of a defendant’s fitness may be raised at various stages from the time of a defendant’s arrest to sentence determination.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



8–2

In Canada, only medical practitioners or other professionals designated by the Attorney General are allowed to conduct court-ordered assessments of fitness to stand trial and criminal responsibility. These medical professionals do not require a background in psychiatry or forensics. Canadian psychologists can, however, be involved in court-ordered assessments in a variety of ways. For example, psychologists may be asked to conduct psychological testing and to assist with the assessment of defendants who are referred for evaluation.

Fitness Instruments  There are a number of screening instruments that have been developed to help evaluators quickly screen out defendants who are competent to stand trial (see Box 8.2).  The Fitness Interview Test-Revised (FIT-R; Roesch, Zapf, Eaves, & Webster, 1998) was developed to meet the fitness criteria outlined in the Canadian Criminal Code, and is a semi-structured interview that contains question probes relating to the defendant’s understanding of the nature of the proceedings, the consequences of the proceedings, and their ability to communicate with council.  Other fitness instruments include: - Competency Screening Test (CST; Lipsitt, Lelos, & McGarry, 1971).

- Competency to Stand Trial Assessment Instrument (CAI; Laboratory of Community Psychiatry, Harvard Medical School, 1973).

- Interdisciplinary Fitness Interview (IFI; Golding, Roesch, & Schreiber, 1984).

- MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA; Hoge, Bonnie, Poythress, & Monahan, 1992).

Distinguishing Between Fit and Unfit Defendants  Zapf and Roesch (1998) examined the characteristics that differentiate fit and unfit defendants and found that compared to fit defendants, unfit defendants are more likely to never have been married, meet criteria for a psychotic disorder and less likely to have a substance abuse disorder.  Previous studies have found unfit defendants to be primarily single, unemployed, and living alone. Nicholson and Kugler (1991) found that unfit defendants tend to be older females belonging to a minority group who are unmarried.  A recent meta-analysis confirms these findings, where determinations of incompetent were associated with psychotic disorders, unemployment, and previous hospitalizations (Pirelli, Gottdiener, & Zapf, 2011).

Restoring Fitness and What Happens After a Finding of Unfitness  The most common form of treatment for restoring fitness is medication, but this poses issues as to whether trials are proceeding in a fair manner if a defendant is heavily medicated and whether or not they have the right to refuse medication (see Box 8.3).  The proceedings against a defendant who is found unfit to stand trial are halted until competency is restored.  For unfit defendants in Canada, the judge may order that the defendant be detained in a hospital or that the defendant be conditionally discharged. The defendant is reassessed for fitness within 45 days. In the event that the defendant becomes fit, he

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



 

8–3

or she returns to court and the proceedings resume (R.S.C., 1985, C-46, s. 672.28). If the defendant remains unfit after 90 days, he or she is referred to a review board for assessment and disposition (R.S.C., 1985, C-46, s. 672.47).

Cases of defendants who continue to be unfit are reviewed on an annual basis by the review board. In these cases, the Crown must prove that there is sufficient evidence to bring the case to trial (referred to as making a prima facie case) every two years and at any time the defendant requests the proceeding.

Even though a defendant may be restored to fitness, it is possible that they may become unfit again during trial proceedings. If a defendant is deemed unlikely to become fit, then a civil commitment proceeding can be started.

Bill C-10 states that the court can stay proceedings if any of the following are true: the accused is unlikely to become fit, the accused does not pose a significant threat to the safety of the public, or a stay of proceedings is in the interests of the proper administration of justice (see Figure 8.1).

Mental State at Time of Offence  Insanity has been defined as not being of sound mind, and being mentally deranged and irrational (Sykes, 1982). In a legal context, insanity removes the responsibility for performing a particular act.  The two primary British cases that have shaped the current standard of insanity in Canada are James Hadfield in 1800, and Daniel McNaughton in 1843 (R. v.

McNaughton).  Critical elements emerged from the McNaughton verdict: a defendant must be found to be suffering from a defect of reason/disease of the mind; a defendant must not know the nature and quality of the act; and a defendant must not know that what he/she was doing was wrong.  Changes made to the justice system after the enactment of Bill C-30 in 1992 included changing the current insanity term to “not criminally responsible on account of mental disorder (NCRMD).” The defendant is not criminally responsible for an act that was committed (or omitted) while he or she was suffering from a mental disorder to the extent that he or she could not appreciate the nature or quality of the act or knowing if it was wrong. Review boards also were created.  Another change occurred in 1999. In Winko v. British Columbia, the Supreme Court of Canada stated that a defendant who is NCRMD should be detained only if he or she poses a criminal threat to the public; otherwise, the defendant should receive an absolute discharge.  In 2000, Bill 68 (also known as Brian’s Law) was passed. Brian’s Law led to the implementation of community treatment orders, which are requirements for people with mental illnesses who are living in the community to report to a mental health caregiver on a regular basis. Also, as a condition of being released from a mental health facility to the community, those who have a mental illness may be forced to take prescribed medication. If they refuse medication, then they can be reinstitutionalized (see Box 8.3).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–4

Raising the Issue of Insanity  The insanity defence is raised less often than we believe – in the US, one study found that only 1% of felony charges were associated with an insanity defence (Steadman et al., 1993). The success rate also varies, with approximately 25% of claims being successful.  Ogloff, Schweighofer, Turnbull, and Whittemore (1992) reported that defendants found NCRMD are likely to have major psychiatric disorders, such as schizophrenia, and many past mental health problems that resulted in hospitalization or prior rulings of unfitness. Intriguingly, when comparing male and females found NCRMD, both genders were found to have similar violent offences and both were just as likely to be aggressive toward other patients (Nicholls, Brink, Greaves, Lussier, & Verdun-Jones, 2009).  In Canada, there are only two situations in which the Crown may raise the issue of insanity: 1) following a guilty verdict and 2) if the defence states that the defendant has a mental illness, the Crown may argue it. The party that raises the issue must prove the existence of ‘insanity’ beyond a balance of probabilities.

Assessing Insanity & What Happens to NCRMD Defendants  An insanity defence requires a psychiatric assessment. The Rogers Criminal Responsibility Assessment Scales (R-CRAS; Rogers, 1984) is the first and only standardized assessment scale for criminal responsibility. It evaluates patient responsibility, organicity, psychopathology, cognitive control, and behavioural control.  Three dispositions can be made following a finding of NCRMD, which include absolute discharge (released without restrictions), conditional discharge (released with conditions such as no possession of firearms),and ordering the defendant to be sent to a psychiatric facility (see Figure 8.2).  In Canada, dispositions may be made by the court and then reviewed by a review board or referred to a review board initially. Review boards take a great deal of information into account such as charge information, criminal history, risk assessment, and hospital’s recommendation. The least restrictive option for the defendant must be chosen.  Capping refers to the notion introduced through Bill C-30 where there is a maximum period of time a person with a mental illness could be affected by their disposition.  The four criteria that are considered when deciding a disposition are public safety, mental state of the defendant, reintegration into society, and the defendant’s other needs.  Recent research found that dynamic risk factors (i.e., factors that are changeable) rather than static factors (i.e., factors that cannot be changed such as an individual’s criminal history) were related to the decision to detail or release the individual (Crocker, Braithwaite, Cote, Nicholls, & Seto, 2011).  In 2013, Bill C-54 was proposed and, if passed, will prevent any “high-risk” NCRMD offender (i.e., committed a serious offence, has a high likelihood to reoffend, or has committed a heinous act so as to put the public at risk) from being granted absolute or conditional discharges.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–5

Automatism  Automatism is defined as unconscious, involuntary behaviour. Two forms of automatism have been specified: noninsane automatism (involuntary behaviour that occurs because of an external factor) and insane automatism (involuntary behaviour that occurs because of a mental disorder).  The process for addressing automatism was set out in R. v. Stone (1999). First, a trial judge must decide whether there is sufficient evidence that a jury would find the defendant’s behavior was involuntary (involves consideration of psychiatric assessments, severity of triggering event, and history of automatic behaviour).

Second, the judge must decide if the condition is a mental disorder (insane automatism) or a nonmental disorder (noninsane automatism) (see Box 8.5).  Noninsane automatism is associated with verdicts of “not guilty”; insane automatism is associated with a finding of NCRMD (and legislation for NCRMD cases is then applied).  Canadian courts have recognized factors such as a physical blow, carbon monoxide poisoning, and sleepwalking as defences for noninsane automatism; however, the Canadian Criminal Code does not specifically address automatism as a defence.  The main difference between defences of NCRMD and automatism lies in their verdict outcomes. A NCRMD verdict may result in the defendant being sent to a mental health facility. In contrast, a successful (noninsane) automatism verdict means that the defendant is not guilty and is then released without conditions.  As of 1995, Bill C-72 was passed stating that intoxication is not recognized as a defence for violent crimes.

Defendants with Mental Disorders  Defendants who do not receive an unfit finding or an NCRMD verdict may still have mental health difficulties. Evidence exists suggesting that a high percentage of psychiatric disorders are present in offender populations across Canada (Bland et al., 1990; Brink, Doherty, & Boer, 2001), the United States (Chandler, Peters, Field, & Duliano-Bult, 2004), and internationally such as in Saudi Arabia (Elsayed, AlZahrani, & Rashad, 2010).  Mentally ill offenders often are segregated from the general offender population and may have inadequate mental health services. This has led to proposed reforms and received much public attention due to CSC oversights and negligence towards mentally disordered offenders (e.g. the Ashley Smith inquiry).  A number of explanations have been suggested for the high rates of mental illness in offender populations (Bland et al., 1990). For example, individuals with a mental illness may be arrested at a disproportionately higher rate compared with those who do not have a mental illness. Alternatively, individuals with a mental illness may be less adept at committing crime and, therefore, more likely to get caught. Lastly, people with mental illnesses may be more likely to plead guilty, possibly because they do not have access to good counsel or because they do not understand the ramifications of their plea.  Police officers can deal with the mentally ill through either the criminal justice system or the mental health system.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



 

 





8–6

A study conducted by Porporino and Mortiuk (1995) has shown that potential biases exist in the conditional release of mentally ill offenders: they are more likely to be conditionally released as a result of mandatory supervision and have their release suspended.

The types of offences committed by people with mental illness and the recidivism rates of this group seem to be similar to other offenders.

The link between mental disorders and violence is unclear. Some studies report a very small increase in likelihood in violent acts among individuals with a psychiatric disorder (Baillargeon, Binswanger, Penn, Williams, & Murray, 2009). Another study found higher rates of violent crime among individuals with a severe mental illness like schizophrenia or other psychosis (Fazel & Grann, 2006). Others have reported that the link between severe mental disorders and violence may be affected by prior violence and substance abuse (Fazel, Wolf, Palm, & Lichtenstein, 2014). That said, extreme violence has been committed by those with extreme mental disorders (see Box 8.8 for Greyhound Bus case).

Recidivism studies have revealed that persons with mental disorders were less likely to reoffend violently than comparison groups of offenders (Bonta, Blais, & Wilson, 2014; Charette et al., 2015).

Treatment goals for offenders with mental disorders vary greatly. These goals include symptom reduction, decreased length of stay in a facility, reducing the likelihood of being readmitted to a hospital, and reduced recidivism. The overarching treatment goal is reintegration into society.

Medication and behaviour therapy are two common types of treatment for offenders with mental disorders, especially those experiencing psychotic symptoms. Recent data suggests that targeting a mentally ill offender’s psychological as well as behavioural issues leads to the most significant reductions in mental illness and recidivism (Morgan et al., 2012).

Treatment options targeted at reintegration include community treatment orders (can live in community with stipulations regarding treatment and detention) and diversion (diverting directly into treatment programs rather than court).

Mental Health Courts  Four main objections of mental health courts are: to divert accused who have been charged with minor to moderately serious criminal offences and offer them an alternative, to facilitate a defendant’s fitness to stand trial evaluation, to ensure treatment for a defendant’s mental disorder, and to decrease the cycle that mentally disordered offenders experience by becoming repeat offenders.  The Canadian public appears to hold positive attitudes towards Mental Health Courts, and education about these courts tends to further increase positive views (McDougall et al., 2012).  Defendants having gone through the mental health court report being more satisfied with the process and perceive higher levels of fairness (Poythress et al., 2004).

Recently, these courts have been found to increase access to mental health services, reduce recidivism (Burns, Hiday, & Ray, 2013), as well as the length of incarceration (Sarteschi et al., 2011).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–7

SUGGESTED LECTURE ACTIVITIES Fitness to Stand Trial  Obtain case studies distinguishing between fit and unfit defendants and discuss the reasons why these decisions were made.  Show the class copies or parts of the assessment scales available to determine fitness.  Prior to the class reading this unit, break them into small groups and have them come up with a list of traits or characteristics they think are associated with offenders found “unfit.” Collect these and then when you get to this unit, summarize the main themes of what each group said, and discuss how this also could relate to our expectations.

Use this to launch into a discussion of the differences between fit and unfit defendants found in the literature. NOTE: This same type of activity could be done for the characteristics associated with an NCRMD defendant.  Break the class into small groups and have each come up with a creative strategy for dealing with defendants found unfit to stand trial who will likely never be considered “fit”. Discuss as a large group.

Raising the Issue of Insanity  Ask the class what words, terms, persons, or characteristics come to mind when they hear the term “Insane” – this is a variation on a stereotype exercise and can be used to launch into definitions of insanity and how our perceptions of mental disorders may or may not be accurate  Bring in recent newspaper clippings relating to the insanity defence, NCRMD, and have the class discuss their opinions about the verdicts.  Locate a news clip on the Arenburg case and the implementation of Brian’s Law (see Box 8.4). Solicit the class reaction to the case and the legislation changes that Brian’s Law is associated with  Obtain case studies distinguishing between criminally responsible (sane) and not criminally responsible (insane) defendants and discuss the reasons why these decisions were made.

Automatism  Discuss the details of the landmark Kenneth Parks case, and have the class discuss the types of automatism and how the outcome of this case relates to these concepts.  Divide the class into two groups and have one group argue for the defence of automatism and have the other group argue against it.  Obtain case examples of successful and unsuccessful automatism defences to illustrate what factors are acceptable and how judges deal with such defences.  Present a case scenario involving involuntary intoxication to the class and ask them to discuss this in light of the standards for automatism. Ask them to contrast this with voluntary intoxication. How would they determine whether intoxication was voluntary or involuntary? Ask them to write guidelines they would follow if they were a judge

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–8

Defendants with Mental Disorders  Before the lecture on mentally disordered offenders, ask the class to brainstorm reasons for high rates of mental illness in offender populations.  Obtain current statistics on the levels of mental illness in various offender populations to illustrate the prevalence.  Query the class as to how they think the treatment of mental disorders in psychiatric facilities, prisons, and the community could be improved.  Collectively, as a class, design a study as to how you would test the public to determine if they carried any biases towards mentally disordered persons and offenders. Discuss the various merits and problems with suggestions.  Show a video clip of the Vincent Li case and trial, and some of the controversy surrounding his disposition.

Mental Health Courts  Ask the class to conduct and informal survey of their friends and families prior to presenting this topic in class. Have them ask their friends/family how they feel about mental health courts (rate from 1 = very negative to 5 = very positive) and what they think MHC’s do. Have each student calculate the mean rating of their sample, and then bring these all together to report means and comments in class to discuss.

SUGGESTED READINGS Bloom, H., & Schneider, R. D. (2006). Mental disorder and law: A primer for legal and mental health professionals. Toronto, ON: Irwin Law. Crocker, A. G., Braithwaite, E., Côté, G., Nicholls, T. N., & Seto, M. C. (2011). To detain or to release? Correlates of dispositions for individuals declared not criminally responsible on account of mental disorder. Canadian Journal of Psychiatry, 56, 1-10.

Howells, K. & Hollin, C. (1993). Clinical approaches to the mentally disordered offender. New York, NY: John Wiley & Sons.

McDougall, A., Campbell, M. A., Smith, T., Burbridge, A., Doucette, N., & Canales, D. (2012). An analysis of general public and professional’s attitudes about Mental Health Courts: Predictors of a positive perspective. International Journal of Forensic Mental Health, 11, 203-217.

Moore, M. E., & Hiday, V. A. (2006). Mental health court outcomes: A comparison of re-arrest and re-arrest severity between mental health court and traditional court participants. Law and Human Behavior, 30, 659-674.

Morgan, R. D., Flora, D. B., Kroner, D. G., Mills, J. F., Varghese, F., & Steffan, J. S. (2012). Treating offenders with mental illness: A research synthesis. Law and Human Behavior, 36, 37-50.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–9

Pirelli, G., Gottdiener, W. H., & Zapf, P. A. (2011). A meta-analytic review of competency to stand trial research. Psychology, Public Policy, and Law, 17, 1-53.

Viljoen, J. L., Roesch, R., Ogloff, J. R. P., & Zapf, P. A. (2003). The role of Canadian psychologists in conducting fitness and criminal responsibility evaluations.

Canadian Psychologist, 44, 369-381.

Zapf, P. A., Viljoen, J. L., Whittemore, K. E., Poythress, N. G., & Roesch, R. (2002).

Competency: Past, present, and future. Perspectives in Law & Psychology. Vol. 4.

In J.R.P. Ogloff (Ed.), Taking psychology and law into the twenty-first century. (pp.171-198). New York, NY: Kluwer Academic/Plenum Publishers.

SUGGESTED ONLINE VIDEO RESOURCES 1) Behind the Wall (The Fifth Estate, 2010). Hana Gartner takes a look at the troubled life that Ashley Smith led behind bars and the sad circumstances surrounding her death (45:08).

Available on www.cbc.ca 2) Police and Mental Health (CBC RAW Video; January 16, 2013). Clinical and correctional psychologist Dorothy Cotton talks about how police interact with people with mental illnesses (7:33) Available on www.cbc.ca 3) Community Corrections for Mentally Disordered Offenders (Simon Fraser University, 2010). Howard Sapers, the Correctional Investigator for Canada, addresses issues about how mentally disordered persons are treated in the criminal justice system (39:49).

Available on YouTube 4) Changes for Mentally Ill Offenders (CBC The National, 2013). Prime Minister Stephen Harper proposed new laws that will tighten the restrictions on people considered dangerous but not criminally responsible due to mental illness (2:42).

Available on www.cbc.ca 5) Restoring Competency to Stand Trial (AZPBS, 2011). Accused of the mass shooting in Tucson, Jared Loughner was found mentally incompetent to stand trial. He is now undergoing treatment in an attempt to restore competency. Phoenix-based forensic psychologist Michael B. Bayless discusses what it means, and what it takes, to restore mental competency (9:34).

Available on YouTube

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–10

SUMMARY OF COURT CASES R. v. Balliram (2003) Facts:  The accused was convicted of charges involving violence or threatened violence to his girlfriend and her young children.  After the guilty verdict, the issue of fitness was raised during sentencing. Both the defence and crown attorneys agreed that Mr. Balliram was unfit to meaningfully participate in his sentencing hearing.  A psychiatrist then argued that the defendant had become fit, but Mr. Balliram’s new attorney argued against the court’s power to accept a decision of unfit after a verdict was rendered.

Summary: This case questions whether assessing fitness after a guilty verdict infringes on the defendant’s Charter rights. The crown applied for dangerous offender determination and during this time the accused became unfit to communicate with counsel. The defence then claimed that the fitness sections of the criminal code were contrary to s. 7 of the Canadian Charter of Rights and Freedoms because they dealt with unfitness to stand trial only and did not provide for unfitness for sentencing. The court agreed and the application was granted. The court stated that there was a failure within the criminal code to deal with fitness for sentencing that deprived the accused of his right to liberty.

R. v. Taylor (1992) Facts:  Taylor was charged with aggravated assault and possession of a weapon.  The defendant was a lawyer until 1983 when he was found unfit to practice by the Law Society.  Before establishing if the crown had enough evidence to proceed to trial, several hearings were held to determine if the accused was fit to stand trial.  During the fitness hearings, Parliament amended legislation regarding standards for establishing fitness to stand trial.

Summary: This case raises a very unique question regarding the procedures of establishing the fitness of accused persons to stand trial. The initial trial found Taylor not guilty by reason of insanity. However, the Ontario Court of Appeal dismissed the verdict and ordered a new trial because the judge had erred in law by establishing Taylor’s mental fitness to stand trial before conducting a preliminary hearing to ascertain if the crown had enough evidence to proceed to trial. In December 1991, while appealing several court decisions that the defendant was not mentally fit and was in need of detainment in a mental health facility, Parliament of Canada passed new legislation which removed the requirement that “the defendant must be able to make critical decisions on council’s advice”. Because of Taylor’s past experience and education as a lawyer he was fit to stand trial on the basis that he could understand the nature of the proceedings and its consequences and could articulately communicate with counsel. However, due to his paranoid delusions he was unable to instruct counsel in his best interest. Therefore, the defendant was unable, because he believed that everybody, including his lawyer, was

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–11

conspiring against him, to make decisions that were in his best interest. Nevertheless, because of Parliament’s new standard for establishing fitness, the fact that Taylor was unable to make decisions in his best interest was not considered grounds for an appeal. In 1994, the Ontario Divisional Court upheld the conviction.

R. v. Demers (2004) Facts:  The accused, who was charged with sexual assault, was declared unfit to stand trial.  The accused was then held in a facility until his case went before a review board.  The issue becomes whether a defendant who is unlikely to ever become fit should be granted an absolute discharge.

Summary: After Mr. Demers was found unfit to stand trial, he remained in a hospital under the order of a review board. Mr. Demers appealed this decision first to the Quebec Superior Court and then to the Supreme Court of Canada. The Supreme Court concluded that the criminal code results in an accused found unfit to stand trial to remain in the “system” until either he becomes fit to stand trial or the Crown fails to establish a prima facie case against him. An absolute discharge is not available. The court further stated that Mr. Demers, who is permanently unfit and could never stand trial is subject to indefinite appearances before the Review Board and to the exercise of its powers. The Quebec Superior Court refused to grant the accused a stay of proceedings and upheld the constitutionality of the criminal code. The accused challenged the constitutional validity of the criminal code. The Superior Court overturned the decision and granted Mr. Demers’ appeal. The criminal code has since been amended to allow an absolute discharge in cases where the defendant is unlikely to ever be found fit.

R. v. Swain (1991) Facts:  Swain was found not criminally responsible due to mental illness on the charges of assault and aggravated assault on his wife and child.  Before the trial began, the defendant received treatment for his psychotic delusions and substantially improved.  The defence appealed the not criminally responsible verdict to the Ontario Court of Appeal on the following grounds: 1) the Crown erred in law by raising the issue of insanity during the trial, without the consent of the accused, and 2) he (the defence lawyer) was not permitted to attend, or to make submissions before the Advisory Review Board (a hearing to assess and advise the Lieutenant Governor regarding the sanity and the level of risk the appellant represented to society).  The Ontario Court of Appeal dismissed the appeal; the defence appealed to the Supreme Court of Canada. However, before the Supreme Court heard the case, the Lieutenant Governor released Swain and granted him an absolute discharge.

Summary: This case challenges Canada’s Constitution and the Charter rights of persons pleading the insanity defence. During his psychotic episode, Swain believed that his family was being attacked by demons and he had to protect them by performing certain

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–12

acts, which included the use of violence. The defence lawyer argued that the mandatory detention in a mental health facility violated his client’s Charter rights and places the onus on the defendant to prove he is no longer a threat to society. The Supreme Court agreed. As a result of this case, the Supreme Court struck down the provision for automatic, indefinite detention of an NCR accused on the basis that it violated the defendant’s s. 7 liberty rights. However, since Swain was already released, a judicial stay of proceedings was entered. With regard to the admissibility of the crown presenting evidence that the accused was insane, the Supreme Court argued that it raises issues of fairness and could potentially bias a jury due to the stigma attached to mental illness. It held that questioning the sanity of the defendant could sway the jury to convict a person based upon a perception that the crime fits with commonly held biases regarding the type of person who is most likely to have committed that crime (a person who is insane), not whether the evidence substantiates a conviction. Furthermore, the Supreme Court agreed that allowing the Crown to present evidence supporting the defendant’s insanity violates their rights to actively participate in their defence because once a label of mentally ill is attached to the defendant, their credibility is questioned and they are considered unable to make rational decisions.

Winko v. British Columbia (1999) Facts:  Mr. Winko stabbed a person in 1983, was found not criminally responsible and received treatment from the Forensic Psychiatric Institute.  In 1995, the Review Board granted him a conditional discharge.  He appealed his conditional discharge to the Court of Appeals and lost.

Summary: This case questions the discretionary power of the Review Board and the applicability of the Canadian Charter of Rights and Freedoms for persons who have been found not criminally responsible due to a mental disorder. The defence lawyer argued that denying Mr. Winko an absolute discharge was a violation of his charter rights to liberty and equality before the law. Because his client did not represent a significant risk to society, the lawyer believed that the restrictions to his freedom imposed by the conditional discharge constituted a breach of his client’s rights. The Supreme Court of Canada acknowledged that Review Boards do hold a subordinate amount of discretionary power however, at the same time, the limitations imposed on “not criminally responsible’s” are justified under section 1 of the Charter. As well, the Court decided that because Mr. Winko was in need of ongoing treatment in order to continue to not be a threat to public safety, the limitation is reasonable and does not violate his equality rights.

Therefore, his appeal was dismissed.

R. v. Kachkar (2013) Facts:  On January 12th, 2011, Richard Kachkar (44), a homeless man, had stolen a city snow plow in Toronto  During his driving rampage, he ran down and killed Sgt. Ryan Russell (35), a married father of a four-year-old son

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–13



A jury found Kachkar Not Criminally Responsible due to a Mental Disorder (NCRMD) for the first-degree murder of Sgt. Russell  Three psychiatrists assessed Kachkar and found him to be suffering from psychosis Summary: Kachkar had been estranged from his family and homeless for a number of years. The day of the incident he had fled a homeless shelter barefoot in the early hours of the morning, stole a plow and then spent nearly two hours smashing into vehicles, car dealerships, and driving into opposing traffic. Witnesses saw Sgt. Russell attempt to stop Kachkar. They reported Kachkar made a U-turn and accelerated directly at Sgt. Russell.

The officer got off some shots but was unable to stop Kachkar before impact and was killed. Kachkar was tasered twice and shot before he was able to be apprehended by tactical units. During his trial, three psychiatrists (two for Defence, one for the Crown) reported that he suffered from psychosis although they were having trouble diagnosing him with a specific mental disorder though he thought to possibly be schizophrenic. One psychiatrist considered Kachkar to have been suffering for years from a “low grade” mental disorder with moments of psychosis. The NCRMD designation means that Kachkar had been remanded to a forensic hospital for an assessment before being reviewed by the Ontario Review Board (ORB). The ORB determined him to be enough of a threat to be held in a forensic mental health facility in Whitby, ON, but not sufficient threat enough to not be allowed day passes. He is allowed to travel off hospital grounds with a staff escort, an allowance that was met by outrage from the public. The decision in Winko v. British Columbia (1999) had outlined that the burden of proof of the dangerousness or lack thereof of an accused declared NCR rests with the Review Board.

If the evidence does not prove dangerousness, then the Review Board cannot detain an NCR individual.

R. v. Parks (1992) Facts:  Parks was charged with murder and attempted murder.  While sleepwalking, the defendant had killed and wounded his parents-in-law.

Summary: At issue in this case was whether automatism can be included under the legal definition of a disease of the mind or if it should be defined as an externally derived, temporary condition. The Supreme Court reasoned it could not be defined as a mental illness because sleepwalking is a condition that is externally imposed upon a person, whereas a psychiatric illness constitutes an internal defect. As well, because there was no reason to believe there was a propensity for recidivism, it was argued that sleepwalking should not be considered a disease of the mind. The legal definition of a psychiatric illness argues that a person who is mentally ill is likely to commit further offences as a consequence of not receiving treatment. However, the Supreme Court reasoned that sleepwalking is not an illness but rather, a condition that everyone is likely to experience at some point in their lives. Parks was acquitted.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

8–14

R. v. Li (2009) Facts:  July 30th, 2008, Vincent Li (44) stabbed, beheaded, and cannibalized Tim McLean (22) while on a Greyhound bus headed towards Winnipeg  The 35 other passengers and bus driver who witnessed the murder managed to flee the bus  After a tense standoff, RCMP were able to apprehend Li  At his trial, Li pled Not Criminally Responsible due to a Mental Disorder (NCRMD)  A psychiatrist diagnosed him as schizophrenic  The judge found him NCRMD and Li was remanded to the care of the Selkirk Mental Health Centre  Bill C-54, the Not Criminally Responsible Reform Act was brought forward largely in response to Li’s crime  The bill puts public safety first and creates a high-risk designation to prevent earlier release  June 19, 2013, Bill C-5 was passed in the House of Commons and is now being considered by the Senate before it can become law Summary: Chinese immigrant Vincent Li had no prior history of mental illness or criminal history.

He had been fired from his job a few weeks prior to the incident. The one who raises the NCRMD defense has the burden to prove the defense. A psychiatrist diagnosed him as schizophrenic suffering psychosis. Upon being declared NCRMD, a defendant must then be assessed by a forensic psychiatric facility and their case seen before a Review Board to determine if he or she should be remanded into hospital custody for supervised treatment if, and only if, they pose a danger to themselves or others. Li was determined to be a danger and remanded to hospital custody. His progress is regularly assessed by the provincial Review Board as is that of every individual declared NCRMD. Recently since 2011, press has reported that Li has gained day passes where he must be accompanied by a clinical staff member and security personnel. In response, Carol De Delley, the mother of victim Tim McLean, has moved to pass Bill C-54, the Not Criminally Responsible Reform Act. If passed into law, the bill would see that the brutality of the accused’s crime and threat to public safety are considered by the judge and if deemed necessary, the NCRMD accused would not be allowed review for relaxed supervision until at least three years had passed or until the accused was no longer found NCRMD. A bill must go through three readings in the House of Commons and review by the Senate before it can acquire Royal Assent to become law in Canada.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–1

CHAPTER 9 Sentencing and Parole in Canada LEARNING OBJECTIVES      

LO 1: Describe the structure of the Canadian court system.

LO 2: List the primary purposes and principles of sentencing.

LO 3: Describe the various sentencing options available in Canada.

LO 4: Define the term sentencing disparity and explain how it can be studied.

LO 5: List the principles that form the basis for effective correctional interventions.

LO 6: Describe how parole decisions are made.

OUTLINE The Structure of the Canadian Court System  The court system is one specific feature of the more general Canadian criminal justice system, which also includes correctional institutions and policing organizations.  Canadian courts are generally divided in terms of jurisdiction as Provincial/Territorial Courts and Federal Courts, and Military Courts. Provincial courts in Canada have jurisdiction over most criminal and civil matters, whereas federal courts focus exclusively on matters specified in federal legislation (e.g., cases involving Crown corporations, such as Canada Post). Military courts have jurisdiction over members of the Canadian Armed Forces under the National Defence Act. These courts form a hierarchy of legal authority, with those courts at the bottom of the hierarchy abiding by the decisions of courts at higher levels of the hierarchy (see Figure 9.1).  Some courts, such as Administrative Tribunals (provincial) and the Parole Board of Canada (federal) operate outside the official Canadian court system, and generally involve resolving administrative disputes at the lowest hierarchy level. At the next level are Provincial Courts, which deal with a range of criminal offences and civil claims. Following this are the Provincial Superior Courts, which can hear appeals from inferior courts and generally try more serious criminal and civil cases (often involving juries). Above these are the Provincial/Federal Courts of Appeal, which review decisions from superior-level courts. The Supreme Court of Canada is the final court of appeal in Canada. The Supreme Court also provides direction to the federal government on legal issues, such as the interpretation of the Canadian constitution.  Indigenous Courts also exist within Canada and are sometimes referred to as Gladue Courts. In an Indigenous Court, special cultural considerations are given and adverse background conditions are taken into account when assessing the case of the Indigenous person on trial, which may work to mitigate or reduce the culpability of the offender. Gladue factors, can include, but are not limited to, issues related to substance abuse, poverty, exposure to abuse, lack of employment, loss of identity, culture, or ancestral knowledge, and attendance at a residential school (Law Courts Education Society of B.C., 2009).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



 

9–2

It is hoped that Indigenous Courts might assist in reducing the Indigenous overrepresentation problem (Jeffries & Bond, 2012), which refers to the disproportionate number of Indigenous people currently serving time in prison.

Several explanations for Indigenous overrepresentation exist, including: - Indigenous people may commit more crimes than non-Indigenous people and their crimes may be of a more serious nature (Brzosowski, Taylor-Butts, & Johnson, 2006; Ruddell, Lithopoulos, & Jones, 2014; Quann & Trevethan, 2000).

- Indigenous people may be processed by the criminal justice system in a different way than non-Indigenous people, indicating the presence of systemic racism (Rudin, 2006).

- Indigenous people are more economically disadvantaged than non-Indigenous people and thus, criminal justice practices such as fining offenders will have a differential impact on Indigenous offenders (e.g., more Indigenous people are serving time for fine defaults; Mann, 2013).

In some cases, restorative justice approaches are applied, where the emphasis is on healing those affected by criminal activity (including the offenders) rather than using prison as a deterrent (Brown et al., 2016).

Despite the development of Indigenous courts and alternative measures like Healing Lodges (see Box 9.1), research suggests that these are having little impact on the overrepresentation problem.

The Purposes of Sentencing  Sentencing is the process of applying a legal sanction to a person who has been convicted of an offence (Canadian Centre for Justice Statistics, 1997).  One goal of sentencing is changing the behaviour of convicted offenders and potential offenders who reside in the community in an attempt to reduce the probability that they will violate the law (known as specific deterrence and general deterrence, respectively).  Many other goals of sentencing are provided in the Criminal Code of Canada. These goals include: - Denouncing unlawful conduct - Separating offenders from society - Assisting in rehabilitating offenders - Providing reparations for harm done to victims or the community - Promoting a sense of responsibility in offenders  The following facts about sentencing are clear: - Judges often consider more than one goal when handing down a sentence.

- These goals can sometimes be incompatible with one another.

- Judges across Canada likely hand down sentences for different reasons, even when dealing with offenders and offences that are similar (can lead to sentencing disparity).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–3

The Principles of Sentencing  According to the Criminal Code, the fundamental principle of sentencing is that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Other sentencing principles include: - Sentences should be adjusted to account for any relevant aggravating or mitigating circumstances.

- Sentencing should be similar for similar offenders committing similar offences under similar circumstances.

- Combined sentences of consecutive offences should not be unduly harsh.

- If circumstances warrant, offenders should not be deprived of their liberty.

- If acceptable, alternatives to imprisonment should be assessed for all offenders.  Though the Criminal Code principles on sentencing are clear, judges may not always consider these principles in their decisions (e.g., Plecas, Cohen, Mahaffy, & Burk, 2013).

Sentencing Options in Canada  The Criminal Code provides a general framework for making sentencing decisions.

However, judges still hold a great degree of discretionary power.  Judges have numerous sentencing options at their disposal, which include, but are not limited to: - Absolute or conditional discharge (no conviction and released, or released with rules to follow) - Restitution (payment by offender to victim) - Fines and community service (offender pays money to the court, can be paid by performing service to the community) - Conditional sentence (convicted but prison sentence served in community) - Imprisonment (sentences less than 2 years are served in provincial/territorial prisons, and sentences more than 2 years are served in federal prisons) - Several creative sentencing options are being utilized in the United States (see Box 9.2)  The Criminal Code highlights various factors that should be taken into account when judges decide on sentences in Canada. These include the seriousness of the offence, the offender’s degree of responsibility, various aggravating and mitigating factors, the harshness of the sentence, and so forth (Roberts, 1991). Some additional factors that influence sentencing include the gender and race of the defendant (Ulmer, 1997) Sentencing Disparity  Sentencing disparity refers to variations in the severity of sentences handed down by different judges when presiding over similar cases committed by similar offenders, or by the same judge when presiding over similar cases over time (McFatter, 1986).  Research suggests that many judges depend on legally irrelevant factors when deciding on a particular sentence. Indeed, one of the major problems with sentencing in Canada is unwarranted sentencing disparity, which refers to differences in the severity of sentences handed down by different judges when faced with similar circumstances (or the same judge on different occasions) due to a reliance on extralegal factors (Roberts, 1991; Roberts & Bebbington, 2013).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–4

 Unwarranted sentencing disparity can be the result of systematic disparity (i.e., consistent variations in sentencing among judges) as a product of factors such as personality and experience, or due to unsystematic disparity (i.e., inconsistent variations within judges) as a consequence of things such as mood changes (McFatter, 1986).  Research by Palys and Divorski (1986) demonstrated sentencing disparity exists among Canadian judges. When examining the extent to which the information collected from judges could be used to explain the variation in sentencing severity, all three sets of variables used (legal objectives, case facts, and demographic information) had some predictive power. However, differential weighting of legal objectives was the most important predictor of sentence severity, followed by the importance placed on various case facts, and the demographic characteristics and sentencing contexts associated with the judges (see Table 9.1).  One of the primary strategies for reducing the degree of judicial discretion when sentencing offenders is to implement sentencing guidelines. These guidelines attempt to provide a more consistent, structured way of arriving at sentencing decisions, which should reduce sentencing disparity. Although Canadian courts have been hesitant to apply sentencing guidelines, sentencing have reforms have taken place although these tend to focus on increasing sentence severity rather than rational sentencing (i.e., using mandatory minimum sentences for certain types of crimes; Roberts, 2012). That said, use of starting point sentences (determined by the Courts of Appeal) have been proposed for particular crime categories and are to be used by trial judges as starting points, and then adjusted (up or down) once the judge takes into account the relevant aggravating and mitigating factors (see Box 9.3).

Are the Goals of Sentencing Achieved & What Works in Offender Treatment?  In terms of the goals of sentencing, it is often assumed that punishment-based sentences reduce the probability of reoffending, however research has shown that this is often not the case (Gendreau, Goggin, Cullen, & Andrews, 2001).  In contrast, correctional interventions that are based on core correctional principles show more promise. These core principles include (Andrews & Bonta, 2010): - The need principle - effective interventions target criminogenic needs (i.e., factors known to be associated with reoffending, such as antisocial attitudes and associates, and substance abuse) rather than non-criminogenic needs.

- The risk principle - effective interventions target high-risk offenders, although treatment intensity is unclear (recommended approximately 100 hours for highrisk juveniles and 300 hours for high-risk adults).

- The responsivity principle - effective interventions match the general learning style, and the particular characteristics, of the offender. Andrews and Bonta (2010) suggest that structured cognitive-behavioural interventions are likely to be of most use.  Numerous studies have demonstrated that offenders who are exposed to appropriate treatments (reflecting the core principles above) have lower reoffending rates, whereas offenders exposed to inappropriate treatments (e.g., get-tough strategies) have increased reoffending rates (Andrews, Zinger, Hoge, Bonta, Gendreau, & Cullen, 1990).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–5

Parole in Canada  Parole involves: the conditional release of offenders into a community so they can serve the remainder of their sentence outside an institution, an attempt to rehabilitate offenders so they can become productive members of society, a substantial degree of supervision to ensure the parolee is abiding by the conditions, and a clause stating that if the conditions are violated, the offender can be re-incarcerated.  The Parole Board of Canada (PBC) makes parole decisions in Canada. Contrary to popular belief, parole is not automatically granted to offenders as soon as they become eligible, the remorse expressed by an offender only plays a very small part in parole decisions, most offenders let out on parole do not go on to commit more crime, and victims do have a significant say in the parole process (PBC, 2013a; see Box 9.5).  Upon eligibility for parole (after serving the first third or the first seven years of a sentence) the PBC conduct a formal hearing with the offender as well as risk assessments in order to determine whether parole will be granted (PBC, 2013d).  Types of parole include (PBC, 2016): - Temporary absence – offenders may be granted unescorted or escorted temporary absence so they can take part in rehabilitative programs, counseling or training courses.

- Day parole – enables offenders to participate in community-based activities, such as treatment programs, and return to their institution at the end of the day.

- Full parole – allows offenders to serve the rest of their sentence under supervision in the community.

- Statutory release – most federal inmates must be released with supervision after serving two-thirds of their sentence.  Studies have demonstrated that release decisions tend to vary as a function of offender type, are based on accessing different types of information (e.g., risk assessments over mental health assessments) and seem unrelated to characteristics of the parole board member (Gobeil & Serin, 2009). These scholars have implemented an empirically based framework for making parole decisions, which has been found to lower rates of decision errors when compared to traditional (unstructured) parole decision-making (Gobeil, Scott, Serin, & Griffith, 2007).  Research on the effectiveness of parole by the PBC has compared the success rates of offenders granted day and full parole to those offenders granted statutory parole. This research has found that those granted statutory parole are more likely to have parole revoked due to a breach of conditions relative to the commission of new crimes (PBC, 2014).

SUGGESTED LECTURE ACTIVITIES Indigenous Courts  Present Figure 9.2 from your text. Get your class involved in a discussion concerning WHY there is over-representation of Indigenous populations in Canadian corrections and have them come up with ideas as to how we could remedy this problem.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–6

The Purposes and Principles of Sentencing  Have students discuss their opinions on whether the principles of sentencing are fair, providing reason why or why not.  Have students discuss why they do, or do not think the purposes of sentencing are met in the context of the Canadian court system.

Sentencing Options in Canada  Provide students with examples of different sentencing dispositions in the form of sample cases. Play a game and call it “Name that Option” to promote student learning of differences between fines and community service, restitution, conditional sentences, etc.  Provide students with a hypothetical or real case from Canada (e.g., man robs store with goose). Break students into small groups and have each group develop a “creative” sentencing option for this offender and discuss how their option meets the goals of sentencing. Groups would then share these with the class.

Sentencing Disparity  Conduct a mini-simulation study to look at sentencing disparity. Give the class crimes like those given by McFatter (1986) or Palys and Divorski (1986) and ask them to come up with sentences. Then, as a class, explore the various reasons for their sentences. Have them classify the differences found between their reasoning as either systematic or unsystematic disparity factors.  Provide scenarios in which judges have handed down sentences and have students state the various factors that might have affected the sentencing decisions.  Ask students to pretend they are a judge and consider what strategies they would use to reduce sentencing disparity. Discuss this with the class in the context of systematic and unsystematic disparity, and what guidelines could be developed on a broader level to minimize disparity.

The Death Penalty in Canada  Divide the class into two sections and have one argue for the death penalty, and the other argue against the death penalty.  Have the class discuss what they think the result of reinstating the death penalty might be and how it may affect the criminal justice system as a whole.

What Works in Offender Treatment?  Provide definitions of the three correctional principles and ask students why treatment programs that are based on these principles might be more effective than punishmentbased interventions.  Show a video of a “get tough” prison reform program or “scared straight” programs for kids (see video resources below), and have the class discuss why this is not an effective method of promoting behavioural change.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–7

Parole in Canada  Provide students with the issues considered in a risk assessment. Assemble the class in groups of approximately 10 members each and have them act as NPB members.

Provide them with hypothetical cases including risk information and have them present to the class whether they would grant the offender parole, what type of parole, and their reasons for reaching their decision.

Public Attitudes towards Sentencing and Parole  Have the class debate their attitudes and beliefs about sentencing and parole.

SUGGESTED READINGS Andrews, D. & Bonta, J. (2010). The psychology of criminal conduct (5th edition). New Providence, NJ: Matthew Bender & Company, Inc. Constanzo, M. (1997). Just revenge: Costs and consequences of the death penalty. New York, NY: St. Martin’s Press.

Jeffries, S., & Bond, C. E. W. (2012). The impact of indigenous status on adult sentencing: A review of the statistical research literature from the United States, Canada, and Australia. Journal of Ethnicity in Criminal Justice, 10, 223-243.

LaPrairie, C. (1996). Examining Aboriginal corrections in Canada. Ottawa, ON: Supply and Services Canada.

MacKenzie, D. L. (2006). What works in corrections: Reducing the criminal activities of offenders and delinquents. New York, NY: Cambridge University Press.

Perry, A. E., McDougall, C., & Farrington, D. P. (Eds.) (2007). Reducing crime: The effectiveness of criminal justice interventions. New York, NY: John Wiley & Sons Ltd. Roberts, J. V. (2012). Structuring sentencing in Canada, England and Wales: A tale of two jurisdictions. Criminal Law Forum, 23, 319-345.

Roberts, J. V., & Cole, D. (Eds.). (1999). Making sense of sentencing. Toronto, ON: University of Toronto Press.

Varma, K. N., & Marinos, V. (2012). Three decades of public attitudes: Research on crime and punishment in Canada. Canadian Journal of Criminology and Criminal Justice, 1-14.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–8

SUGGESTED ONLINE VIDEO RESOURCES 1) What Happens After Sentencing (Correctional Service Canada). Canadian prisons reflect the Canadian population: inmates and staff share various origins, racial, religious and ethnic backgrounds (approx. 20-30 mins).

Available on csc-scc.gc.ca 2) Experience in Prison (CBC NEWS, 2013). Petey, a former inmate at Grand Valley Institution, describes her experience in the federal prison system (13:43).

Available on cbc.ca 3) Alberta Suspends Weekend Jail Sentences (CBC News, 2013). Lawyers call budget decision short-sighted (2:16).

Available on cbc.ca 4) “Super” Jail Set to Open (CBC News, 2013). Edmonton Remand to become the largest and most advanced jail in Canada (2:39).

Available on cbc.ca 5) Scared Straight 1978 (Documentary). This film displays footage from the original Scared Straight film in 1978, as well as an update 20 years later narrated by Danny Glover. Contains explicit language and violence (1:35:46) Available on YouTube NOTE: This would be a great discussion assignment or in-class activity, can use clips of this as needed for lecture launchers as well.

6) Aboriginal Corrections Report (CBC, 2013). Howard Sapers, Canada's correctional investigator, releases his special report on Indigenous prisoners in the corrections system (15:18).

Available on www.cbc.ca 7) Shocking Prison Video (CBC, 2012). Ashley Smith was 19 years old when she died in a prison cell in 2007. Her parents want surveillance video of the incident release, but Correctional Services Canada wants it locked away (6:45).

Available on www.cbc.ca 8) Prison Segregation on the Rise (CBC, 2013). Correctional investigator Howard Sapers raises concerns about the overuse of segregation in Canadian prisons (15:29).

Available on www.cbc.ca 9) Crime Bill Discussion (CBC News, 2013). Tory MP James Bezan advocates sentences without parole in extreme cases (7:03).

Available on www.cbc.ca

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

9–9

10) Baumgartner Gets Life with No Parole for 40 Years (CTV News, 2013). Travis Baumgartner, an armored car guard who shot and killed three colleagues during a robbery in Edmonton, has been sentenced to life in prison with no parole for 40 years (2:02).

Available on www.ctvnews.ca

SUMMARY OF COURT CASES R. v. Gladue (1999) Facts:  Gladue, an Indigenous woman, was charged with the manslaughter of her common law husband.  She pled guilty and was sentenced to three years imprisonment by the sentencing judge who gave no special consideration to the accused’s Indigenous background.  On appeal, the Court of Appeal for British Columbia dismissed the appeal as the sentence was seen as fitting, but the points in the official decision of the court broadened the application of s. 718.2(e) to Indigenous people that were nonreservation and non-status.

Summary: Gladue had been celebrating on her 19th birthday and drinking heavily. She had suspected her common law husband of infidelity with her sister. Upon seeing them leaving her house, she got into an argument with the victim and accused him of infidelity with her sister. He made a number of inflammatory and provoking remarks. Shortly after the argument began, the victim fled the townhouse that they lived in. The accused chased after him and stabbed him in the chest. There was also evidence that she had stabbed him in the arm before he left their home. She pled guilty at the hearing and the judge took in mitigating circumstances (she showed remorse, had been provoked, was a mother with ties to the community) as well as aggravating circumstances (she had made remarks that showed she had planned to harm the victim before the argument, chased after the victim after victim tried to flee). At sentencing, the judge did not take into account s. 718.2(e) as the victim did not live on a reservation. On appeal, the higher court dismissed the appeal, but in their decision stated that s. 718.2(e) applies to reservation and non-reservation Indigenous people, status and non-status Indigenous people, as well as Métis and Inuit, therefore broadening the applicability of s. 718.2(e).

R. v. Arcand (2010) Facts:  Jordan Leroy Miles Arcand was charged and convicted of sexual assault; he had during a drunken night with a female relative engaged in non-consensual intercourse while she was unconscious  Arcand was found guilty but due to mitigating factors of no prior convictions, young age (18), and being an Indigenous person, he was sentenced to a 90 day intermittent sentence and three years’ probation  The Crown appealed the sentence on the basis that the judge had failed to take into account the Proportionality Principle of sentencing by focusing only on mitigating factors

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



9–10

The Alberta Court of Appeal favoured the Crown, agreeing that the sentence did not reflect the need for denunciation and deterrence, nor did it take into account the psychological harm of the assault on the victim  The Alberta Court of Appeal turned over the original sentence of 90 days intermittent custody and imposed a sentence of two years imprisonment reduced to 20 months for time served and community work performed Summary: The findings of the Alberta Court of Appeal in R. v. Arcand, 2010 ABCA 363 served to make four major points regarding sexual assault. First, the decision emphasized the importance of considering the impact of the victim when considering aggravating factors and that it was not enough to merely consider the offender’s factors when weighing sentences for sexual assault. Second, the Court of Appeal’s decision stressed the importance of victims being informed of their right to make a Victim Impact Statement and that the impact of the assault on the victim must be considered an aggravating factor when deciding on the proper proportionality of a sentence. Third, the decision in Arcand by the Alberta Court of Appeal also solidified that the definition for major sexual assault must involve violence. However, the Arcand decision has been criticized for not offering a more concrete definition. Fourth, the decision of the Alberta Court of Appeal emphasized the importance of adhering to sentencing “starting points”, that is, maximum minimum sentences as outlined by higher courts. The starting point for sexual assault is three years imprisonment. Although the Court of Appeal only sentenced Arcand to two years, it was considered by many to be a shift back towards starting points when sentencing. In addition, the ruling of the Court of Appeal indicated that starting points should only be veered away from for clear reasons (and clear reasons were not given in the original sentencing of 90 days in the case of Arcand). The hope is that by sticking to sentencing starting points, more consistent sentences will be given across provinces and territories.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–1

CHAPTER 10 Risk Assessment LEARNING OBJECTIVES      

LO 1: Define the components of risk assessment and summarize the history of risk assessment.

LO 2: List what role risk assessments play in Canada.

LO 3: Describe the types of correct and incorrect risk predictions and identify methodological issues in risk assessment.

LO 4: Describe unstructured clinical judgment, actuarial prediction, and structured professional judgment, including examples of risk assessment instruments.

LO 5: Outline historical, dispositional, clinical, and contextual risk factors.

LO 6: Explain the current issues in risk assessment, including some of the important differences among unique subpopulations of offenders.

OUTLINE What Is Risk Assessment?  Early conceptualizations of risk involved a dichotomy between dangerous and not dangerous; current models consider that risk is a range and examine probability of committing violent acts. Probability accounts for two considerations: probability may change over time, and the level of risk interacts with personal, background, and situational characteristics.  An assessment of risk includes two components: prediction and management.

Prediction involves an analysis of the likelihood of future criminal or violent act, while management consists of the development of strategies to manage or reduce this level of risk.  The critical function of risk prediction should emphasize violence prevention over violence prediction.

Risk Assessments: When Are They Conducted?  Risk assessments are conducted in civil and criminal contexts. Civil contexts refer to the private rights of individuals and the legal proceedings connected with such rights.

Criminal contexts refer to situations in which an individual has been charged with a crime.  Civil settings include: - Civil commitment requires a person to be hospitalized involuntarily if they have a mental illness and pose a threat to themselves or others. A mental health professional would assess risk of harm.

- Child protection contexts involve laws in place to protect children from abuse.

Government protection agencies assess risk of child maltreatment and focus on risk factors that predict child maltreatment.

- Immigration laws prohibit admission if individuals into Canada if there are reasonable grounds to believe they will engage in acts of violence.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–2

-



School and labour regulations provide provisions to prevent any act that would endanger others.

- Mental health professionals must also consider the likelihood that patients will act in a violent manner and to intervene to prevent violence. This is called a duty to warn and limits confidentiality when violence or threats are indicated.

Criminal settings include: - Assessment of risk occurs at pretrial, sentencing, and release stages. Risk assessments help to determine whether custodial or community sanctions may be more appropriate (especially for young offenders). The important issue of disclosure of information about potential risk also exists in criminal settings.

Confidentiality must be set aside for the protection of members of the public in cases of clear, serious or imminent danger (i.e., solicitor-client privilege).

- Risk assessment is critical in sentencing decisions involving dangerous and longterm offenders, such as review of indeterminate sentences and whether the offender should get statutory release after two-thirds of their sentence.

- Assessment of NCRMD patients is conducted before release from a secure forensic psychiatric facility.

Types of Prediction Outcomes  There are four types of outcomes in making predictions (See Table 10.1): 1. A true positive is a correct prediction of a person predicted to be violent and who does engage in violence.

2. A true negative is a correct prediction of a person predicted not to be violent and who does not act violently.

3. A false positive is an incorrect prediction of a person predicted to be violent but is not.

4. A false negative is an incorrect prediction of a person predicted to be non-violent but acts violently.  Each of these errors has different consequences, with false positive errors affecting the offender and false negative errors affecting society and potential victims.  Base rates represent the percentage of people within a given population who commit a criminal or violent act. Base rates can affect predictions when they are too high or too low (i.e., false positives occur when the base rate is low).

A History of Risk Assessment  Research stemming from the Baxstrom and Dixon cases in the 1960s/70s found that the base rate for violence was relatively low and the false positive rate was very high (Steadman & Cocozza, 1974; Thornberry & Jacoby, 1979). These studies called into question the ability of mental health professionals to make accurate predictions of violence. While skepticism still existed, it was determined that risk assessments did not violate the basic principles of fundamental justice and were still permitted in court.  Canadian courts support the role of mental health professionals in the prediction of violent behaviour and have focused on admissibility requirements in relation to how relevant they are in a case, not whether or not they are infallible.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–3

Methodological Issues  Evaluating risk assessment instruments presents a challenge to researchers because of ethical constraints in assessing and then releasing all types of offenders to determine if they re-offend.  Monahan and Steadman (1994) have identified the following three main weaknesses of research on the prediction of violence: 1. The limited number of risk factors being studied.

2. How the criterion variable is measured.

3. How the criterion is defined.

Judgment Error and Biases  Some typical errors and biases in clinical decision making include the use of heuristics, illusory correlations, ignorance of base rates, reliance on salient and unique cues, and overconfidence in judgments.

Approaches to the Assessment of Risk  Three methods most commonly described include: 1. Unstructured clinical judgment is characterized by professional discretion and a lack of guidelines or standardization in what factors into decisions (see Box 10.1).

2. Mechanical prediction involves predefined rules about the risk factors considered, how the information is collected, and how the information is combined to reach a decision. Actuarial prediction is a type of mechanical prediction whereby the risk factors have been selected and combined based on their empirical or statistical association with a specific outcome. Empirical evidence favours actuarial prediction over unstructured clinical judgment.

3. Structured professional judgment involves the use of a predetermined list of risk factors selected from research and professional literature, with the final judgment of risk based on the evaluator’s professional judgment, to allow for individual and situational factors to be considered in risk levels.  In general, violence risk assessment approaches have four components, but each is not always employed across different assessment methods, see Table 10.2 (Skeem & Monahan, 2011): - Identifying empirically valid risk factors - Determining a method for measuring these risk factors - Establishing a procedure for combining scores on the risk factors - Producing an estimate of violence risk Types of Predictors  Risk factors are measurable features of an individual that predict the behaviour of interest. Traditionally, risk factors were divided into two main types. Static risk factors do not fluctuate over time and are highly resistant to change and have also been called historical risk factors. Dynamic factors fluctuate over time, are changeable, and have also been called criminogenic needs.  More recently, risk factors are considered a continuous construct, with static factors at one end and acute dynamic factors at the other.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



10–4

Recent research has reported associations between dynamic risk factors and the imminence of engaging in violent behaviour (Quinsey, Jones, Book, & Barr, 2006), and some argue that consideration of time-dependent dynamic factors with static factors lead to greater predictive accuracy (Jones, Brown, & Zamble, 2010).

Important Risk Factors  Research has investigated factors associated with future violence and classified them into groups of historical, dispositional, clinical, and contextual risk factors.  Historical risk factors (also static risk factors) are events experienced in the past, such as past criminal behaviour, age of onset, childhood history of maltreatment, past supervision failure, escape, and institution maladjustment.  Dispositional risk factors reflect the person’s traits, tendencies, or style, such as demographics (e.g., age of first offence, male gender), criminal attitudes, and personality characteristics (e.g., impulsivity and psychopathy).  Clinical risk factors are the symptoms of mental disorders that can contribute to violence, such as substance use (direct and indirect effects) and mental disorder (e.g., major psychoses).  Contextual risk factors (also called situational risk factors) are aspects of the individuals’ current environment that can elevate risk, such as lack of the four kinds of social support (instrumental, emotional, appraisal, and information), and access to weapons or victims.  Specific risk factors for predicting terrorism may differ from general violence.

Factors such as social wellbeing, economic indicators, governance, law enforcement, and armed combat appear to be unique risk factors for violent extremists (Malik, Sandholzer, Khan, & Akbar, 2015) (see Box 10.4).  Some of these factors are likely relevant to risk assessment only, while others are relevant to both risk assessment and risk management.  These factors vary in terms of how much they are subject to change. For example, some are fixed (e.g., gender), some cannot be undone (e.g., age of onset of criminal behaviour), and some may be resistant to change (e.g., psychopathy), whereas others (e.g., social support or negative attitudes) may be subject to intervention or may vary across time.  Meta-analytic studies have revealed that factors that predict general recidivism also predict violent or sexual recidivism, and that predictors of recidivism in offenders with mental disorders overlap considerably with predictors found among offenders who do not have a mental disorder (Bonta et al., 1998; Gendreau, Little, & Goggin, 1996; Hanson & Morton-Bourgon, 2005).

Risk Assessment Instruments  Actuarial and structured clinical assessments are two types of clinical assessments.  An example of an Actuarial Instrument: - Static-99 (Hanson & Thornton, 1999) is a ten-item actuarial scale designed to predict sexual recidivism. All items on this scale are static in nature including young age at time of release, number of prior sex offenses, and any male victims.  An example of a Structured Professional Judgment Scheme:

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–5

-



HCR-20 (Webster, Douglas, Eaves, & Hart, 1997) was designed to predict violent behaviour in correctional and forensic psychiatric samples. It consists of 3 scales; historical (mostly static factors), clinical (current dynamic factors), and risk management (future adjustment of individual).

Recent meta-analyses of predictive effectiveness of several risk assessment measures for institutional violence and violent recidivism (Campbell, French, & Gendreau, 2009; Yang, Wong, & Coid, 2010) have reported that all the measures were predictive of institutional violence and violent reoffending. All the scales were equally predictive of violent recidivism.

Current Issues  Research on risk assessment is missing a theoretical background, requiring an understanding of why the identified risk factors are related to violence. One model used to explain criminal recidivism, the coping-relapse model (Zamble & Quinsey, 1997).  Most risk-assessment measures have been developed and validated with Caucasian males, which may limit their application to other populations.  Although gender-specific risk factors may exist, the research to date has found more gender similarities than differences in both adolescents and adults (Blanchette & Brown, 2006). Although women commit less crime than men, some risk factors that occur more commonly in women include history of self-injury and self-esteem problems. In addition, women are more likely to target family members, and have a major mental illness, but reoffend at a lower rate.  Some risk assessment instruments such as the LSI-R and the HCR-20 have shown some success at predicting recidivism in women. Andrews and colleagues (2012) found that both the LS/CMI eight risk domains and the total risk/needs score were equally predictive of general recidivism in an aggregate sample of female and male offenders, with substance abuse being more predictive of recidivism in females than males.  Indigenous offenders are overrepresented in the Canadian criminal justice system.

Predicting violence among Indigenous offenders may require a focus on different factors than for non-Indigenous offenders (Gutierrez, Wilson, Rugge, & Bonta, 2013). Some common risk assessment tools predict less accurately for Indigenous offenders. Wilson and Gutierrez (2014) suggest consideration of culturally-relevant risk factors. Box 10.5 describes two recent court rulings about actuarial instruments for Indigenous offenders.  Protective factors are those factors that mitigate or reduce the likelihood of antisocial acts or violence in high-risk offenders (i.e., prosocial involvement, strong social supports, strong attachments, intelligence). They vary across time and the impact they have depends on the situation. They also provide possible explanations as to why some individuals with many risk factors do not become violent.  There are limitations to risk assessment instruments that need to be considered such as use of group data to obtain probability of offending, the meaning of low, moderate, and high risk statements, the generalizability of the risk measures to other samples or countries, the field reliability of the measures, and minimizing the use of jargon in risk reports.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology





10–6

There is a gap between science and practice. Many professionals have not been using standardized risk assessments in their clinical work (Boothby & Clements, 2000; Borum, 1996) There is some indication this may be changing (Viljoen, McLachlan, & Vincent, 2010), but there is some indication that not all risk factors included in measures are included in review board decision-making processes which raises questions about validity of the instrument (Wilson, Crocker, Nicholls, Charette, & Seto, 2015).

There is little research on why offenders stop committing crime. Age, employment, and marital relationships are factors that are related to desistance (see Box 10.6).

SUGGESTED LECTURE ACTIVITIES What is Risk Assessment?  Read some recent newspaper articles to the class about prisoners or forensic patients recently released from an institution. Ask them to provide you with reasons if and why they agree or disagree with the release decisions present in each case. You could use one or two cases throughout to follow through as you teach about types of risk and protective factors and instruments.

Types of Prediction Outcomes & Judgment Error and Biases  Provide actual or hypothetical case examples containing prediction errors and have the class name what error has occurred and state what the implications are Approaches to the Assessment of Risk  Have the class debate whether or not they believe that mental health professionals should be able to predict violence in court cases, why or why not. Have them include any issues to support their opinions (e.g., methodological issues, accuracy, and biases).

Important Risk Factors  Provide the class with information on real cases (textbook case studies) and have them identify the different static and dynamic risk factors present.

Risk Assessment Instruments  Provide the class with a detailed case study as well as an actual risk assessment tool.

Have students provide their personal opinions on the level of risk posed by the offender. Next, have students conduct a risk assessment using the actuarial tool.

Demonstrate the difference between unstructured clinical judgment and actuarial tools.  Have the class decide on how they would develop a new risk assessment scale (e.g., to predict hostage-taking in institutions). Have them suggest different risk factors they might consider and how they would determine the accuracy of their new scale.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–7

What About Female Offenders?  Have the class discuss what factors they believe to be associated with female violence, and what factors may protect against female violence. Do they think different risk factors and protective factors exist for males and females? Why or why not?

Why Do Some Individuals Stop Committing Crime  Discuss the basic factors associated with desistence, and break the class into small groups. Ask them to design a study with their group that could examine these and other factors – how would they determine factors associated with desistence and measure these?

SUGGESTED READINGS Andrews, D. A., Guzzo, L., Raynor, R., Rowe, R. C., Rettinger, L. J., Brews, A., & Wormith, J. S. (2012). Are the major risk/need factors predictive of both male and female reoffending? A test with the eight domains of the Level of Service/Case Management Inventory. International Journal of Offender Therapy and Comparative Criminology, 56, 113-133.

Helmus, L., Hanson, R. K., Thornton, D., Babchishin, K. M., Harris, A. J. R. (2012).

Absolute recidivism rates predicted by Static-99 and Static-2002R sex offender risk assessment tools vary across samples: A meta-analysis. Criminal Justice and Behavior, 39, 1148-1171.

Mills, J. F., Kroner, D. G., & Morgan, R. D. (2010). Clinician’s guide to violence risk assessment. New York, NY: Guilford Press.

Olver, M. E., Wong, S. C. P. (2009). Therapeutic responses of psychopathic sexual offenders: Treatment attrition, therapeutic change, and long-term recidivism.

Journal of Consulting and Clinical Psychology, 77, 328-336.

Olver, M. E., Stockdale, K. C., & Wormith, J. S. (2011). A meta-analysis of predictors of offender treatment attrition and its relationship to recidivism. Journal of Consulting and Clinical Psychology, 79, 6-21.

Quinsey, V.L., Harris, G.T., Rice, M.E., & Cormier, C.A. (2006). Violent offenders: Managing and appraising risk (2nd ed.). Washington, DC: American Psychological Association.

Ruiz, M. A., Douglas, K. S., Edens, J. F., Nikolova, N. L., & Lilienfeld, S. O. (2012). Cooccurring mental health and substance use problems in offenders: Implications for risk assessment. Psychological Assessment, 24, 77-87.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–8

Wormith, J. S., Hogg, S., & Guzzo, L. (2012). The predictive validity of a general risk/needs assessment inventory on sexual offender recidivism and an exploration of professional override. Criminal Justice and Behavior, 39, 1511-1538.

Yang, M., Wong, S.C.P., & Coid, J. (2010). The efficacy of violence prediction: A metaanalytic comparison of nine risk assessment tools. Psychological Bulletin, 136, 740-767.

SUGGESTED ONLINE VIDEO RESOURCES 1) Incorporating Mental Health/Substance Use Programming and Risk Models in Mental Health Courts (Justice Center, 2013). By focusing on individuals with moderate to high criminogenic risk levels and serious behavioural health needs, mental health courts can position themselves to effect the greatest reduction in recidivism and target scarce behavioural health resources to those who need them most. This session will explore the importance of assessing for and responding to both the behavioural health needs and criminogenic risk factors of program participants. Speakers will provide an overview of Risk-Need-Responsivity (RNR) principles and how they may be used to refine a mental health court program's target population and coordination of treatment and supervision (41:06).

Available on YouTube 2) Reducing Recidivism (Justice Management Institute, 2013). Franklin Cruz, Senior Program Manager at the Justice Management Institute, provides an overview of the lessons from the research—the Risk, Need, Responsivity Principles. These principles, first defined by researchers Andrews and Bonta in 1990, have provided the basis for much of what we now know as “smarter sentencing” and has been influential in enhancing pretrial services and other justice system interventions (1:06).

Available on YouTube 3) Canada’s Prison System Still ‘Ill-Equipped’ to Manage Female Inmates Six Years After Ashley Smith’s Death (Global News, 2013). Six years after teenage inmate Ashley Smith killed herself in a prison cell, Canada’s correctional system still struggles to manage mentally ill female offenders who chronically hurt themselves, says a new report from the country’s prison watchdog (8:02).

Available at www.globalnews.ca 4) Understanding the Risk/Need Principle (Justice Center, 2011). The risk principle states that higher-risk offenders should receive more intensive services and supervision than lower-risk offenders. In fact, research suggests providing low-risk offenders with intensive interventions or mixing them in groups with high-risk offenders can actually increase their level of risk. The need principle states that the type of intervention a person receives matters a great deal. Corrections officials should target a person's greatest criminogenic needs. Criminogenic needs are defined as the dynamic risk factors that affect a person's risk for recidivism. Officials should conduct criminogenic need

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–9

assessments to prioritize those factors that have the greatest influence on the person's likelihood of recidivating. Dr. Ed Latessa from the University of Cincinnati demystifies the risk and need principles and highlighted the critical elements of effective riskreduction programs (59:48).

Available on YouTube

SUMMARY OF COURT CASES Smith v. Jones (1999) Facts:  The defence counsel did not disclose to the courts a report by a psychiatrist which indicated that the accused was a danger to the public.  The trial judge ruled that the public safety exception released the psychiatrist from his duties of confidentiality and had a duty to disclose.  The Supreme Court ruled that public safety outweighs solicitor-client privilege in cases where there is “clear, serious, and imminent danger.”

Summary: The accused was charged with aggravated sexual assault of a prostitute. A psychiatrist assessed the accused prior to sentencing and was of the opinion that the accused was a dangerous person. The defence counsel, aware of the psychiatrist’s concerns, did not raise the issue in the sentencing hearing. The psychiatrist brought forth an action for a declaration that he was entitled to disclose the information he had in his possession in the interests of public safety. The trial judge ruled that the public safety exception to the law of solicitor-client privilege and doctor-patient confidentiality released the psychiatrist from his duties of confidentiality, and both the accused’s statements made to the psychiatrist and his opinion were to be disclosed. The accused appealed to the Court of Appeal, which ruled that the mandatory order to disclose was to be changed to only permitting the psychiatrist to disclose the information to the Crown and police. The Supreme Court of Canada dismissed the appeal of the accused, ruling that the solicitor-client privilege is to be set aside “where facts raise real concerns that an identifiable individual or group is in imminent danger of death or serious bodily harm.”

In these instances, the disclosure should be limited to only the information necessary to protect the public. In this particular case, the psychiatrist had a reasonable belief that the accused posed a clear, serious and imminent danger, based on his detailed plan to attack prostitutes in a specific area. The solicitor-client privilege attaching to the psychiatrist’s report must therefore be set aside.

Ewart v. Canada (2018) Facts:  Jeffrey Ewert sued the Correctional Service of Canada (CSC) for use of culturally biased risk assessment tools with Indigenous offenders, which he said affected his rehabilitation.  The trial was not successful but the courts found that the CSC was not in compliance with the Canadian Charter of Rights and Freedoms or the Corrections and Conditional Release Act.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–10



The court ruled that the CSC must cease using risk assessment tools with Indigenous offenders until they were properly validated and deemed culturally unbiased. The judge also order a “remedies hearing.”  The Federal Court of Appeal overturned the decision (Canada v. Ewert, 2016), ruling that the evidence was not sufficient to conclude that the risk assessment instruments were less reliable/accurate with Indigenous offenders.  The Supreme Court of Canada dismissed the Charter arguments but the majority of justices agreed that the CSC had breached its obligations under the CCRA (Ewert v. Canada, 2018).

Summary: The Ewert case highlights the importance of conducting research into the validity and reliability of risk assessment measure in diverse samples, especially given that the factors predicting recidivism are not necessarily identical for Indigenous and nonIndigenous offenders. They proposed that culturally relevant risk factors should be explored. Importantly, justices were disappointed that the overrepresentation of Indigenous persons in the correctional system was worsening rather than improving and they linked the used of biased assessment tools to this problem.

R. v. Lyons (1987) Facts:  Lyons pled guilty to breaking and entering, unlawfully using a weapon or imitation thereof in the commission of a sexual assault and during the commission of an indictable offence, and unlawfully stealing property of a value in excess of $200.  The defendant appealed the dangerous offender ruling on the basis that expert psychiatric testimony, being fallible in its predictive accuracy, fundamentally violates the provisions guaranteed under the Canadian Charter of Rights and Freedoms.  The appeal was rejected on the basis that it is relevance and not infallibility that bears significance on the value of expert testimony.

Summary: This particular case pertains to the admissibility of expert psychiatric testimony in dangerous offender (DO) hearings. The defendant, John Patrick Lyons, pled guilty to the following four offences, committed approximately one month following his sixteenth birthday: 1) breaking and entering, 2) unlawfully using a weapon or imitation thereof in the commission of a sexual assault, 3) unlawfully using a weapon or imitation thereof in the commission of an indictable offence, and 4) unlawfully stealing property of a value in excess of $200. The defendant opted to a trial by judge on all charges. Prior to the sentencing hearing, the Crown advanced a dangerous offender (DO) application under Part XXI of the Canadian Criminal Code. On the basis of all the evidence including expert psychiatric testimony on behalf of both the Crown and Defence, the trial judge concluded beyond a reasonable doubt that Lyons qualified as a dangerous offender given his “sociopathic personality” and high likelihood of recidivism. The defendant was therefore sentenced to an indeterminate term of imprisonment. The Defence appealed on the grounds that the procedures by which Lyons’s DO status was determined were fundamentally flawed and unfair, violating one’s rights guaranteed under the Canadian

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

10–11

Charter of Rights and Freedoms. Namely, it was argued that the standard of proof required under Part XXI (i.e., use of psychiatric testimony) is lower than that traditionally required in the criminal law process given that expert testimony is an unreliable predictor of future conduct. The appeal was rejected on the grounds that the Criminal Code simply defines the notion of dangerousness as probability of risk, not certainty of harm. The fact to be established in such cases is a likelihood of recidivism or potential for harm—not infallible proof of the future commission of harm. Psychiatric evidence is deemed relevant to the determination of one’s likelihood to behave in a certain manner and is in all probability superior in this regard to testimony of other clinicians and lay persons.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

11–1

CHAPTER 11 Psychopaths LEARNING OBJECTIVES       

LO 1: Define psychopathy and describe the different assessment methods developed to measure psychopathy.

LO 2: Summarize research done in the community and the implications for legal and forensic use of psychopathy.

LO 3: Describe the association between psychopathy and violence, including sexual violence.

LO 4: Describe the effectiveness of treatment programs for adult psychopaths.

LO 5: Identify the concerns associated with labelling a youth as a psychopath.

LO 6: Summarize the nature versus nurture debate relating to psychopathy.

LO 7: Explain the two main theories of psychopathy.

OUTLINE Psychopaths  Psychopathy is a personality disorder defined by a cluster of interpersonal, affective, and behavioural characteristics including manipulation, lack of remorse or empathy, impulsiveness, and antisocial behaviours.  Psychopaths have been labelled intraspecies predators who seek vulnerable victims to use for their own benefit, lured by charm or violence and intimidation.  Terms for psychopathy exist across cultures. The Alaskan Inuit refer to these individuals as kulangeta (Murphy, 1976).

Assessment of Psychopathy  Cleckley (1976) provided the initial description of the psychopath in his book The Mask of Sanity, which included 16 features ranging from positive, emotionalinterpersonal, and behavioural problems.  The most popular method for assessing psychopathy in adults is the Hare Psychopathy Checklist-Revised (PCL-R; Hare, 1991, 2003), developed by Canadian researcher Dr. Robert Hare (see Box 11.1). The PCL-R contains a semi-structured interview and a review of file information to evaluate the degree to which an individual displays the interpersonal, affective, and behaviour features indicative of psychopathy. There is a 20-item rating scale used to score for interpersonal, affective, and behavioural features of psychopathy.  The current version of the PCL-R applies a four-factor model evaluating interpersonal style, affective experience, impulsive lifestyle, and antisocial behaviours (Neumann, Hare, & Newman, 2007).  The PCL-R can be used on a range of different samples, including male and female offenders, forensic psychiatric patients, sexual offenders, and substance abusers (Hare, 2003).  Self-report questionnaires are another method of assessing psychopathy. They have several advantages: measuring attitudes and emotions not easily observed by others, Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



11–2

easy to administer, and no concerns about inter-rater reliability or biases. However, self-report measures can be problematic because: psychopaths often lie about their attitudes and behaviours, they may not have sufficient insight to accurately assess their own traits, and they may have trouble reporting on specific emotions if they have not experienced those emotions (Lilienfeld & Fowler, 2006). See Box 11.2 for a discussion of these measures in subclinical or community samples.

The Psychopathic Personality Inventory-Revised (PPI-R; Lilienfield & Widows, 2005) and the Self-Report Psychopathy Scale (SRP; Paulhus, Neumann, & Hare, 2016) are the two most widely used self-report measures for assessing psychopathic traits in offenders and community samples. The PPI-R is a 154-item inventory designed to measure psychopathic traits in offender and community samples. It measures two factors: fearless dominance and self-centred impulsivity. The SRP is a 64-item self-report measure designed specifically for assessing psychopathic traits community samples. It consists of four factors: erratic lifestyle, callous affect, interpersonal manipulation, and criminal tendencies.

Psychopathy and Antisocial Personality Disorder  Antisocial personality disorder (APD; APA, 2013) is a personality disorder in which there is a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood. Symptoms include: criminal behaviour, risk-taking, lack of truthfulness, and experiencing little guilt.  Sociopathy is also confused with psychopathy. Sociopathy is a label used to describe a person whose psychopathic traits are assumed to be due to environmental factors (i.e., poor parenting). This term was the pre-cursor to the diagnosis of APD and is not commonly used in the literature.  APD is different from psychopathy in that it focuses more on antisocial behaviours rather than affective and interpersonal factors. Nearly all psychopathic offenders meet the diagnostic criteria for APD, but most offenders with APD are not psychopaths.

Approximately 80% of the prison population would be diagnosed as APD, relative to 10-25% of adult offenders classified as psychopaths.

Forensic Use of Psychopathy  Research concerning expert testimony on psychopathy has found that this label is associated with an increased severity of disposition (Viljoen et al., 2010).  In Canada, psychopathy has been used in sentencing decisions (i.e., transfers from youth to adult court, dangerous offender hearings, parole eligibility, and to assess mental state at time of offence). In the United States, PCL-R scores also have been used in sexual and violent predator evaluations, death penalty cases, and child custody evaluations.  Experts should avoid adversarial allegiance: the tendency for forensic experts to be biased towards the side (defence or prosecution) that hired them. Studies have found that PCL-R scores provided by prosecution experts tend to be higher compared to defence experts (Lloyd, Clark, & Forth, 2010; Murrie et al., 2013). Part of the reason for this bias in scoring may be a result of a lack of training on how to administer and score the PCL-R (Boccaccini, Murrie, Rufino, & Gardner, 2014).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

11–3

Psychopathy and Violence  Psychopaths begin their criminal career earlier, persist longer, and are more violent and versatile than other offenders (Hare, 2003). See the myths concerning psychopathic behaviour in Box 11.3.  Psychopaths engage in more instrumental violence (premeditated violence to obtain some goal) relative to reactive violence (impulsive, unplanned violence often in response to provocation), especially when the consequences of their acts are high. For example, most of the murders committed by psychopaths are instrumental (Woodworth & Porter, 2002). Psychopaths also are more likely to target strangers and be motivated by revenge or material gain (Williamson, Hare, & Wong, 1987).  Psychopathic offenders also are more likely to be given early release from prison more often than nonpsychopathic offenders. However, they are less successful in the community than their non-psychopathic counterparts (Porter, ten Brinke, & Wilson, 2009).

Psychopaths in the Community  Most research using community samples use self-report scales or the Screening Version of the Hare Psychopathy Checklist (PCL:SV).  Psychopathy is rare in the general population (e.g., Coid et al., 2009; Neumann & Hare, 2008). Females consistently score lower on the PCL:SV and other psychopathy measures.  Not all psychopaths are violent or end up in prison. Babiuk, Neumann, and Hare (2010) have found professionals with psychopathic traits that tend to be successful in business or corporate settings. Psychopathic managers and leaders also are associated with conflict, counterproductivity, and negative emotions (Boddy, 2014).  Sex differences in psychopathic traits across cultures reveal that males scored higher than females, with lifestyle traits (e.g., impulsivity, risk-taking) being most prevalent and antisocial traits (e.g., arrest history, violence) being least prevalent. However, variations in psychopathic traits suggest cultural factors play a role in the expression of such traits (Neumann et al., 2012).  Victimization by psychopaths in heterosexual relationships often includes: (1) talking victim into victimization, (2) lying, (3) economic abuse, (4) emotional abuse/psychological torture, (5) multiple infidelities, (6) isolation and coercion, (7) assault, and (8) mistreatment of children (Kirkman, 2005).

Psychopathy and Sexual Violence  Although psychopathy is associated with violent offences, it is not as strongly associated with sexual offences (Brown & Forth, 1997). However, psychopaths with deviant sexual arousal are much more likely to engage in sexual reoffending than other offenders (Hawes, Boccaccini, & Murrie, 2013).  Highest rates of psychopathy are found in sexual homicide offenders, followed by mixed sexual offenders, rapists, with the lowest rates found among child molesters (Brown & Forth, 1997; Porter et al., 2000).  Psychopaths may be more likely to be classified as opportunistic or vindictive rapists (Brown & Forth, 1997), and use more sadistic violence in sexual homicides (Porter et

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

11–4

al., 2003). Recently, sexual sadism (sexual arousal from inflicting pain, suffering, or humiliation on others) has been linked to PCL-R scores and affective deficits (Mokros, Osterheider, Hucker, & Nitschke, 2010).

Psychopathy and Treatment  Most clinicians and researchers are pessimistic about treating psychopaths. However, some are more optimistic (e.g., Salekin, 2002). One treatment outcome study by Rice, Harris, and Cormier (1992) investigated the effects of an intensive therapeutic community program with psychopathic and nonpsychopathic forensic patients.

Treatment was associated with lower rates of violent recidivism among nonpsychopaths but with higher rates of violent recidivism among psychopaths.  Caution must be exercised while interpreting such research, as it may not be that treatment does not work for psychopathic offenders, but instead that the treatment programs employed thus far are unsuitable for these offenders and more suitable treatments must be found.  Recently, Olver and Wong (2006) reported that although psychopathic sex offenders who dropped out of treatment were more likely to violently reoffend, those psychopathic sex offenders who stayed in treatment showed positive treatment gains and were less likely to violently reoffend. In addition, in high-risk forensic psychiatric patients with relatively high PCL-R scores, treatment was effective in reducing violent reoffending (Olver, Lewis, & Wong, 2013).

Psychopathy in Youth  Research is increasingly focused on identifying the emergence of psychopathic traits in youth, and assessment instruments have been developed to measure psychopathic traits in children and adolescents with some success, such as the Antisocial Process Screening Device (APSD; Frick & Hare, 2001), and the Psychopathy Checklist: Youth Version (PCL:YV; Forth, Kosson, & Hare, 2003).  Concerns have been raised about the potential problems when assessing for psychopathy in youth. These concerns have focused on (1) the issue of labeling youth as a psychopath which carries negative connotations , (2) the stability of psychopathic traits from late childhood to early adulthood, and (3) the possibility that characteristics of psychopathy are common features of a normally developing youth.  Recent research, however, has indicated a fairly high level of stability of psychopathy (e.g., Bergstrom, Forth, & Farrington, 2016; Frick, Kimonis, Dandreaux, & Farell, 2003; Lynam, Caspi, Moffitt, Loeber, & Southamer-Loeber, 2007). Support exists for the extension of the construct of psychopathy to youth (Forth et al., 2003; Murrie et al., 2004), although available measures may not be as predictive of youth violence as previously believed (Odgers et al., 2005; Schmidt et al., 2006). That said, psychopathic traits are associated with delinquency and aggression (Campbell et al., 2004).  One manner in which psychopathy differs in youth relative to adults is in relation to responsiveness to interventions (da Silva, Rijo, & Salekin, 2013). Research suggests that youth with many psychopathic traits are amenable to treatment, if the appropriate intensity of treatment is selected (Caldwell, McCormick, Umstead, & Van Rybroek, 2007; Salekin, Lester, & Sellers, 2012).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



11–5

Research has recently examined callus-unemotional (CU) traits in children such as a lack of eye contact with parents and questioned whether this leads to problems with the development of empathy and conscience. (Dadds, Allen, McGregor, Woolgar, Viding, & Scott, 2014).

Psychopathy: Nature versus Nurture?  The nature versus nurture debate concerns the relative importance of an individual’s innate characteristics (nature) as compared to their personal experiences (nurture).  Research suggests there is a strong genetic component to psychopathy. Studies comparing twins have found that identical twins (who share all of their genes) were more similar in their psychopathy scores than were fraternal twins (who share half of their genes), whose scores were more dissimilar (e.g., Blonigen, Carlson, Krueger, & Patrick, 2006; Sweden et al., 2006; Viding et al., 2005). Another study found that genetic influences explained 69% of the variance in psychopathy (Tuvblad, Bezdjian, Raine, & Baker, 2014).  Clearly, there is some genetic basis to psychopathy; however, environmental factors are also important in determining how such traits manifest themselves in the individual.  Retrospective studies (assessing callous/unemotional traits in youth or psychopathy in adults and asking about childhood experiences) have found that psychopathic individuals report lower levels of parental care (i.e., warmth, attachment) (Gao et al., 2010; Kimonis et al., 2013).  In order to determine the effect of environmental factors such as family influence, prospective longitudinal studies must be conducted. Some studies have identified family background variables which best predict adult psychopathy. These include: having a criminal parent, a son having an uninvolved father, having a low family income, and experiencing physical neglect (Farrington, 2006). History of abuse/neglect also has been associated with higher PCL-R scores (Weiler & Widom, 1996).  Current research is consistent with the view that there are multiple developmental pathways to the development of psychopathy, some of which involve family background and others in which psychopathy emerges irrespective of family background.

Psychopathy and Law Enforcement  As psychopaths engage in high rates of crime, psychopathy is often described as one of the greatest obstacles for law enforcement officials (O’Toole, 2007).  Research examining the characteristics of offenders who have killed police officers has found that nearly half of these offenders exhibit personality and behavioural features consistent with psychopathy (Pinizzotto & Davis, 1992).  Another challenge facing law enforcement is how to properly interrogate psychopathic offenders. These individuals are likely to display certain behaviours during interrogation: trying to outwit the interrogator, enjoy being the focus of attention, attempts to control the interrogation, will not be fooled by bluffs, and attempts to shock investigators.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



11–6

Quayle (2008) has offered a number of suggestions and techniques that can be helpful when interrogating psychopathic suspects: ensure case familiarity, convey experience and confidence, show liking and admiration, avoid criticism, avoid conveying emotions.

Cognitive and Affective Models of Psychopathy  In an attempt to understand the development of psychopathy, theories emphasizing either cognitive or affective processes have been formed.  For example, Newman, Brinkley, Lorenz, Hiatt, and MacCoon (2007) have suggested that psychopaths have a response modulation deficit. In other words, they fail to use contextual cues that will normally inhibit a nonpsychopathic individual’s behaviour.

This theory helps to explain why psychopaths cannot learn how to avoid punishment.  Another theory proposes that psychopaths have a deficit in the experience of certain crucial emotions that direct normative behaviour (prosocial) and inhibit deviance (Blair, 2006; Hare, 2007; Patrick, 2007). Studies of brain waves and response times to emotional versus non-emotional stimuli show little differences between these two for psychopathic individuals (Williamson et al., 1995). Similarly, psychopathic traits have been associated with impairments in recognizing affect (Blair et al., 2005), and a lack of startle response to positive or negative stimuli (Patrick et al., 1993).  These findings have led to the proposition of the amygdala deficit theory (Blair, 2006, 2008). The amygdala regulates the expression of emotion and emotional memory.

Other scholars have argued that paralimbic structures explain the emotional deficits in psychopathy. More recently, Newman et al. (2010) argued that emotional deficits evidenced in psychopathy can be explained by an attention deficit and not mediated by the amygdala.

SUGGESTED LECTURE ACTIVITIES 

 

  

Assign the class into three groups: psychopathy, APD, and sociopathy. Have each group look up the traits associated with their disorder and present these to the class.

Use these to differentiate how psychopathy is related but distinct from these other diagnoses.

Have students find and describe the psychopathic traits of a fictional character in the media (i.e., Dexter, Hannibal Lector).

Based on the work of Murrie and colleagues, provide the class with a profile of an individual that they are to provide a preliminary PCL-R score for (or list psychopathic traits for). Assign half the class to be working for the defense, and the other half to be working for the prosecution. Compare scores and traits mentioned by each side and discuss how these differ with respect to the adversarial allegiance.

Provide the class with various actual and/or hypothetical profiles of children and adolescents with behavioural problems and have them indicate what psychopathic traits are present.

Conduct a debate about the issue of labelling a youth a psychopath.

Divide the class into two groups: those who argue treatment of psychopaths is useless, and those who argue for its effectiveness. Have each group find articles to

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

 



11–7

support their view and present their arguments to the class as a whole the next session or week.

Conduct a debate about the issue of nature versus nurture in relation to the development of psychopathy.

Discuss the merits of the amygdala dysfunction theory versus attention-based and response-modulation theories of psychopathy. How might these different theories explain a number of behaviours associated with psychopathy? Provide students with a list of psychopathic behaviours and ask them to debate which theory they think provides the best explanation and why.

Discuss some of the implications of having psychopaths working in the corporate world.

SUGGESTED READINGS Babiak, P., & Hare, R. D. (2006). Snakes in suits: When psychopaths go to work. New York, NY: Harper Collins.

Blais, J., & Forth, A. E. (2014). Potential labeling effects: Influence of psychopathy diagnosis, defendant age, and defendant gender on mock jurors’ decisions.

Psychology, Crime & Law, 20, 116-134.

Blais, J., Solodukhin, E., & Forth, A. E. (2014). A meta-analysis exploring the relationship between psychopathy and instrumental versus reactive violence.

Criminal Justice and Behavior, 41, 797-821.

Book, A., Costello, K., & Camilleri, J. A. (2013). Psychopathy and victim selection: The use of gait as a cue to vulnerability. Journal of Interpersonal Violence, 28, 23682383.

Dutton, K. (2012). Wisdom from psychopaths? Scientific American Mind, 23, 36-43.

Glenn, A. L., & Raine, A. (2014). Psychopathy: An introduction to biological findings and their implications. New York, NY: New York University Press.

Hervé, H., & Yuille, J. C. (Eds.) (2006). The psychopath: Theory, research, and practice.

Mahwah, NJ: Lawrence Erlbaum Associates.

Hutton, E. L., & Woodworth, M. (2014, in press). Violent female youth: An examination of instrumental violence, psychopathy, and offense characteristics. Behavioral Sciences & the Law. Larson, C. L., Baskin-Sommers, A. R., Stout, D. M., Balderston, N. L., Curtin, J. J., Schultz, D. H., ..., Newman, J. P. (2013). The interplay of attention and emotion: Top-down attention modulates amygdala activation in psychopathy. Cognitive, Affective, & Behavioral Neuroscience, 13, 757-770.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

11–8

Mathieu, C., Hare, R. D., Jones, D. N., Babiuk, P., & Neumann, C. S. (2013). Factor structure of the B-Scan 360: A measure of corporate psychopathy. Psychological Assessment, 25, 288-293.

Murrie, D. C., Boccaccini, M. T., Guarnera, L. A., & Rufino, K. A. (2013). Are forensic experts biased by the side that retained them? Psychological Science, 24, 18891897.

Neumann, C. S., Schmitt, D. S., Carter, R., Embley, I., & Hare, R. D. (2012).

Psychopathic traits in females and males across the globe. Behavioral Sciences & the Law, 30, 557-574.

Olver, M. E., Lewis, K., & Wong, S. C. P. (2013). Risk reduction treatment of high-risk psychopathic offenders: The relationship of psychopathy and treatment change to violent recidivism. Personality Disorders: Theory, Research, and Treatment, 4, 160-167.

Patrick, C. J. (2007). Handbook of psychopathy. New York, NY: Guilford Press.

Piquero, A. R., Farrington, D. P., Fontaine, N. M. G., Vincent, G., Coid, J., & Ullrich, S. (2012). Childhood risk, offending trajectories, and psychopathy at age 48 years in the Cambridge Study in Delinquent Development. Psychology, Public Policy, and Law, 18, 577-598.

Salekin, R. T., & Lynam, D. R. (Eds.) (2010). Handbook of child and adolescent psychopathy. New York, NY: The Guilford Press.

Skeem, J. L., & Cooke, D. L. (2010). Is criminal behavior a central component of psychopathy? Conceptual directions for resolving the debate. Psychological Assessment, 22, 433-445.

SUGGESTED ONLINE VIDEO RESOURCES 1) Dr. Robert Hare Discusses the Diagnosis of Psychopathy (YouTube/Skeptic, ND). Dr Robert Hare, the world's foremost expert on the condition, discusses the diagnosis of psychopathy using his PCL checklist (3:55).

Available on YouTube 2) Checklist: A Measure of Evil (Pryor & Hall, 2005). What if there was a test that could detect a psychopath before they committed a crime? Checklist: A Measure of Evil examines the characteristics of a psychopath and introduces us to the Psychopathy Checklist (PCL-R) created by Dr. Robert Hare, Professor Emeritus of Psychology UBC which claims to be such a test. By Dr. Hare’s estimate 1% of the population are psychopaths – i.e., there are 300,000 psychopaths in Canada alone - but not all of these people are in prison. They could just as easily sit in the office cubicle next to yours. Dr. Hare’s Checklist is regarded as the best single predictor of recidivism ever created and

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

11–9

now Hare and colleagues have devised the B-scan to help businesses to keep their corridors psychopath-free. But how well do these tests really work? Are they fair? Dr. Stephen Hart, a former student of Dr. Hare, has concerns about the use of the PCL-R as a predictor of future behaviour. Dr. Tan Dineen expresses her concern that the PCL-R and its business version, the B-Scan, represents psychology as an industry, rather than a product of good, critical science. The debate continues in this fascinating documentary - a compassionate and objective view of the complex problem of the psychopath in society (45:00). Available on DVD. 3) Dr. Adelle Forth (Carleton University, 2012). Dr. Adelle Forth, Psychology Department, and the Director of the Psychopathy research lab at Carleton University, focuses on the study of psychopaths and discusses her areas of research in psychopathy (8:07).

Available on YouTube 4) Inside Cornell: Analyzing the Words of Psychopaths (Cornell University, 2012). Using computerized text analysis, Cornell professor of communication Jeff Hancock and colleagues at the University of British Columbia found that psychopathic criminals tend to make identifiable word choices when talking about their crimes. Hancock and UBC professor of psychology Michael Woodworth discussed the implications of their study at the October 17, 2011 Inside Cornell session at Cornell's ILR Conference Center in Midtown Manhattan (53:36).

Available on YouTube 5) Neuroscience and The Psychopath Inside with James Fallon (Crime Time, 2013).

Psychopaths, genetics and development of the brain are discussed with neuroscientist James Fallon, who recently recorded his own troubling genetic discoveries in the book, The Psychopath Inside. The predisposition to violence, impulsivity and the genetic markers that can influence people towards criminality are detailed with attention to Fallon's experience in this Crime Time interview with Allison Hope Weiner (51:37).

Available on YouTube 6) Can a Child Be a Psychopath? (Webcast, 2012). In this webcast Dr. Frank Ochberg talks about psychopaths and if a child can be labeled a psychopath (6:19).

Available on YouTube 7) Psychopath in the Family (ABC Catalyst, 2012). Looks at developmental and neuropsychological correlates, functional aspects, and potential treatments for psychopathy. Includes interviews with Drs. Viding, Dadds, and Dutton (11:39).

Available on YouTube 8) I, Psychopath (Fibro Majestic Film, 2010). A 9-part documentary about psychopathy.

Available on YouTube

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

11–10

SUMMARY OF COURT CASES R v. Olson (1997) Facts:  In 1982, Olson was convicted of eleven counts of first degree murder for the killings of eleven children in British Columbia.  Olson was sentenced to life imprisonment without parole eligibility for twentyfive years on each count.  Olson had a long history of criminal offences and violent unpredictable behaviour before this conviction.  In 1997, Olson was denied the possibility of early parole.

Summary: This case is a primary example of the key features of violent, psychopathic offenders and the potential use for the evaluation of psychopathy in the criminal justice context. Clifford Olson was convicted of first degree murder for the killings of eleven children in the 1980’s. Section 745 in the Canadian Criminal Code, ‘the faint hope clause’, entitles persons convicted of first or second degree murder to request for the ability to apply for early parole after serving a certain portion of their sentence. During Olson’s bid for early parole, a forensic psychiatrist, Dr. Stanley Semrau, was hired by the Crown to assess Olson. Olson was given a score of 38 out of 40 on the Hare Psychopathy Checklist-Revised, prompting Dr. Semrau to conclude at the hearing that Olson was untreatable and more dangerous at that time than when he was first arrested. Partially in response to Olson’s attempt to use the ‘faint hope clause’ section 745 of the Criminal Code was modified, prohibiting the use of this clause by multiple murderers. Olson currently remains incarcerated in a maximum-security institution located in Quebec.

Olson has recently received media attention when he was found bragging about collecting old age pension cheques from the government. As a result, the government is now looking into denying pensions to homicide offenders serving life sentences.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–1

CHAPTER 12 Assessment and Treatment of Young Offenders LEARNING OBJECTIVES       

LO 1: Describe the history of young offender legislation.

LO 2: Provide an overview of youth crime rates.

LO 3: Identify the psychiatric diagnoses and their trajectories relevant to young offenders.

LO 4: Differentiate among the theories of antisocial behaviour.

LO 5: List the risk factors associated with externalizing disorders in youth.

LO 6: List the protective factors associated with prosocial behaviour.

LO7: Distinguish among primary, secondary, and tertiary interventions for children, youth, and young offenders.

OUTLINE Historical Overview - In the 17th and 18th centuries, criminal youth were treated as adults. Partly in response to the lack of provisions for young offenders, Canada enacted the Juvenile Delinquents Act (JDA) in 1908. Features of the JDA include (see Table 12.1): - applied to children 7-16.

- youth titled as delinquents to distinguish them from adults, and charges were not criminal offences.

- a separate court system for youth.

- minimum age of seven-years-old was set for which a child could be charged - judges had sentencing discretion and options for youth increased (e.g., foster care, fines, and institutionalization).

- parents were encouraged to be a part of the judicial process.  Several criticisms of the JDA were raised, such as: some youth were denied their rights, judges could impose open-ended sentences, and the broad definition of delinquency included acts that were not illegal for adults.  In 1984, the JDA was replaced with the Young Offenders Act (YOA) and several key changes occurred (see Table 12.2): - youth were to be held accountable for their actions, however, not to the full extent as adults.

- the public had the right to be protected from young offenders.

- young offenders had legal rights and freedoms including those described in the Canadian Charter of Rights and Freedoms.

- children had to be at least 12 years of age to be charged with a criminal offence.

- for serious offences like murder, youth could be transferred to adult court as long as 14 years or older.  The YOA allowed for youth cases to be diverted, that is, if the young offender pleaded guilty, a decision could be made not to prosecute but rather have him or her undergo an educational or community service program. Other dispositions included

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–2

absolute discharge, fine, compensation for lost or damaged property, restitution to the victim, prohibition order, probation, and custody (open or secure).  Criticisms of the YOA: violent offences carried a short or “light” sentence, disagreements over raising the minimum age to 12, and decisions to transfer youth to adult court were made arbitrarily.  On April 1, 2003, the Youth Criminal Justice Act (YCJA) replaced the YOA with several key changes (see Table 12.3): - less serious and violent offences are recommended to be kept out of the formal court process.

- the number of extrajudicial measures have increased (i.e., giving a warning, referring for treatment), including availability of an Intensive Rehabilitative Custody and Supervision order.

- there is greater focus on prevention and reintegration of youth into the community.  Under the YCJA, the name of youth cannot be released to the public, except under special circumstances.

Youth Crime Rates  The total number of crimes committed by youth has generally been decreasing for the past few years. This pattern also can be seen for violent offences (see Table 12.4).  Probation is the most frequent sentence imposed. Overall, more than one-half (58%) of guilty youth court cases were given a sentence of probation, either as a single sentence or in combination with another sentence (Alam, 2015).  In 2013/2014, 15% of guilty youth court cases were sentenced to custody. Consistent with the objectives of the YCJA, the use of custody has decreased over the past 10 years. More specifically, the proportion of guilty youth court cases being sentenced to custody fell from 22% in 2003/2004 to 15% in 2013/2014.  Deferred custody orders have been enacted which provide an alternative to custody, and allow a young person who would otherwise be sentenced to custody to serve their sentence in the community under a set of strict conditions. If these conditions are violated, the young person may be sent to custody to serve the balance of their sentence.  The most common decision in youth court cases is guilt (56% of cases in 2013/2014), which is the lowest since the 1990s when Statistics Canada started collecting this data. Approximately 40% of youth court cases ended in a stay or withdrawal (Alam, 2015).

Assessment of Young Offenders  Behavioural difficulties in children (under age 12) can be categorized as internalizing (e.g., emotional problems such as anxiety and depression) or externalizing problems (e.g., behavioural problems such as bullying, lying, fighting), the latter being more difficult to treat and likely to have long-term persistence (Peterson, Bates, Doge, Lansford, & Pettit, 2015). Males are more likely to display externalizing problems relative to females (Broidy et al., 2003).  Assessment of externalizing problems usually involves interviews with multiple sources (e.g., parents, peers, teachers)

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–3

 There are three common disorders diagnosed in young offenders; attention deficit hyperactivity disorder (ADHD), oppositional defiant disorder (ODD), and conduct disorder (CD). These disorders may co-occur and have some overlap (e.g., 40% of children with ODD develop CD, and in this case, the diagnosis of ODD would not be used in favour of CD).  Court-ordered assessments for adolescents often concern the level of risk that a young offender will reoffend. These generally involve checklists of static (factors that cannot change; e.g., age at time of arrest) and dynamic (factors than can change; e.g., antisocial peers or attitudes) and interviews.  There are several risk assessment tools that have been developed for use with young offenders (Box. 12.3).

Trajectories of Youthful Offenders  Moffitt (1993) proposed 2 developmental pathways to youthful antisocial behaviour: 1) child-onset/life-court persistent: young offenders who start behavioural problems early in childhood; and 2) adolescent-onset/adolescent-limited: young offenders whose behavioural problems emerge in teen years.  Age of onset is a critical factor in the trajectory to adult offending. Childhood onset trajectories occur less frequently (3-5% of the general population) but are more persistent than adolescent onset trajectories (70% of the general population), possibly leading to adult offending.

Theories to Explain Antisocial Behaviour  Several theories exist to explain antisocial behaviour in youth. These include biological, cognitive, and social theories.  Biological theories focus on indices such as decreased frontal lobe functioning, physiological differences such as slower heart rates, and genetics. Twin and adoption studies also show evidence of the heritability of antisocial behaviours (Burt, 2009).  Cognitive theories focus on thought processes and interpretation of social and emotional cues, where conduct-disordered youth tend to attend to fewer cues and misattribute hostile intent to ambiguous situations and demonstrate limited problemsolving skills.  Two types of aggression may be displayed: 1) reactive aggression: an emotionally aggressive response to a perceived threat or frustration; and 2) proactive aggression: aggression directed at achieving a goal or receiving positive reinforcers (Dodge et al., 1997). Proactive aggression appears to be associated with long-term offending (Fite et al., 2010).  Social learning theories focus on models and reinforcement contingencies. In particular, children observe and imitate the behaviour of others, such that aggressive role models in family or the media can increase aggression in the observer. Studies of intergenerational violence provide support for environmental contributions to youth violence (e.g., Van Weijer et al., 2014).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–4

Risk Factors  Risk factors increase the likelihood of behavioural and emotional disorders in children and youth. Three broad categories of risk factors exist; individual, familial, and school/social.  Individual factors include genetic or biological factors (e.g., in-utero exposure to drugs/alcohol), diagnostic history of child or parents, a difficult temperament, and substance use.  Familial factors include neglect, insecure attachment styles, divorce and family conflict, inconsistent and strict parenting styles, poor parental supervision, heavy substance use by parents, child abuse, low socioeconomic status, large family size, and parental mental health problems.  School and social factors include reading difficulties, lower intelligence, association with aggressive peers, social disapproval and rejection, poor coping skills, and gang involvement (see Box 12.4).

Protective Factors  Protective factors provide a buffer against the risk factors a child may experience. The child who has multiple risk factors but who can overcome them and prevail has been termed resilient. Resilience has been described as the ability to overcome stress and adversity.  Garmezy (1991) identified a number of areas in which protectiveness can be present: genetic variables, personality dispositions, supportive family environments, and community supports.  Protective factors are effective because they reduce negative outcomes by changing the risk level of the child’s exposure to a risk factor; they change the negative chain reaction following exposure to risk; they help to develop and maintain self-esteem and self-efficacy; and they provide opportunities to children that they would not otherwise have.  Protective factors can be grouped into three categories: (1) individual, (2) familial, and (3) social/external factors (Grossman et al., 1992).  Individual factors (resilient temperaments) such as exceptional social skills, competencies, confident perceptions, values, attitudes, and beliefs, as well as motivation to change and responding to social supports.  Familial factors include positive aspects of the parental and home environment and good parent-child relationships.  Social/external factors including prosocial attitudes and peer associations.

Prevention, Intervention, and Treatment of Young Offenders  Prevention, intervention, and treatment of young offending can be conceptualized as occurring at three levels; primary, secondary, and tertiary.  Primary intervention strategies are those implemented prior to any violence occurring, with the goal of decreasing the likelihood that violence will occur later on. Primary strategies can be family-oriented (parent-focused or family-supportive, e.g., Incredible Years Parenting Program), school-oriented (e.g., Project Head Start), or community-wide strategies (e.g., Stop Now and Plan, Outreach Project).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–5

 Secondary intervention strategies are those that attempt to reduce the frequency of violence. Secondary strategies are directed at young offenders who have either had contact with the police or criminal justice system or have demonstrated behavioural problems at school. The goal of these strategies is to provide social and clinical services so that young offenders do not go on to commit serious violence. Many of the same approaches used in primary intervention strategies are used here. The main difference is the target (i.e., which children are involved in the program) rather than the content of the intervention. Common secondary intervention strategies include diversion programs, alternative and vocational education, family therapy, and skills training. Multisystemic Therapy (MST) is a secondary intervention program that has undergone considerable evaluation. A recent study on the short-term efficacy of MST in Ontario found that adolescents who completed the MST program were less likely to be arrested compared to non-completers (McIntosh, 2015). That said, recent studies have found that paternal involvement in MST helped to reduce externalizing problems in adolescents (Gervan et al., 2012).  Tertiary intervention strategies are those that attempt to prevent violence from reoccurring. These interventions are more “treatment” than prevention and the recipients are often chronic and serious young offenders. Tertiary intervention strategies include in-patient treatment (i.e., institutional, residential) and communitybased treatment. The approach can be one of retribution or rehabilitation.

SUGGESTED LECTURE ACTIVITIES Historical Overview  Divide the class in half and have them debate the pros and cons of having a separate justice system for youth.  Using an example of a young offender case, discuss the crime/case with the class. Ask the class to break into groups and discuss how this case would have been treated under each different legislation (JDA, YOA, YCJA) and then compare groups answers with the class as a whole.  Have the class provide reasons for or against the changes to the young offender legislation.

Assessment of Young Offenders  Collect newspaper articles of cases involving child and young offenders and have the class act as judges to render a verdict and provide sentencing, if applicable.  Provide case studies of children and youth and have the class diagnose and provide trajectories for the behavioural problems that are present.  In groups or as a class, discuss problems associated with childhood externalizing and internalizing disorders, such as diagnosis, overrepresentation, defining “normal” childhood behaviours from disordered.  Solicit the opinion of class members concerning diagnostic labels in youth and whether these may have positive or detrimental influences on young offending.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–6

Theories to Explain Antisocial Behaviour  Have the class debate the various types of theories given to explain antisocial behaviour. Which one do they prefer?  Have the class develop a multi-level theory of young offending that combines the theoretical ideas in the text with their own insights concerning young offending.

Risk Factors & Protective Factors  Before the lecture on risk factors and protective factors, have the class list the factors they think would increase or decrease risk and why.  Have the class identify factors that should be targeted in treatment for youth. Are there different risk-needs-responsivity principles that apply to youth and not adults?

Treatment of Young Offenders  Conduct a debate about the current treatments available to youthful offenders and their effectiveness.  Divide the class into groups, or “levels of treatment” and ask each group to think of ideas about a program they could develop to target the treatment goal at the level assigned.

SUGGESTED READINGS Andrews, D. A., Guzzo, L., Raynor, R., Rowe, R. C., Rettinger, L. J., Brews, A., & Wormith, J. S. (2012). Are the major risk/need factors predictive of both male and female reoffending? A test with the eight domains of the Level of Service/Case Management Inventory. International Journal of Offender Therapy and Comparative Criminology, 56, 113-133.

Bell, S. J. (2006). Young offenders and youth justice: A century after the fact. Toronto, ON: Nelson College Indigenous.

Chettleburgh, M. (2007). Young thugs. Toronto, ON: Harper Collins Canada.

Farrington, D. P. (2012). Childhood risk factors for young adult offending: Onset and persistence. In F. Lösel, A. Bottoms, & D. P. Farrington (Eds.), Young adult offenders: Lost in transition? (pp. 48-64). New York, NY: Routledge.

Gudjonsson, G. H., Sigurdsson, J. F., Sigfusdottir, I. D., & Young, S. (2012). A national epidemiological study of offending and its relationship with ADHD symptoms and associated risk factors. Journal of Attention Disorders, 20, 368-378.

Hoge, R. D., & Andrews, D. A. (1996). Assessing the youthful offender: Issues and techniques. New York, NY: Plenum.

Hollin, C. R., Browne, D., & Palmer, E. (2002). Delinquency and young offenders.

Chichester, UK: John Wiley and Sons.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–7

James, C., Stams, G. J. J. M., Asscher, J. J., De Roo, A. K., van der Laan, P. H. (2013).

Aftercare programs for reducing recidivism among juvenile and young adult offenders: A meta-analytic review. Clinical Psychology Review, 33, 263-274.

Koehler, J. A., Lösel, F., Akoensi, T. D., & Humphreys, D. K. (2013). A systematic review and meta-analysis on the effects of young offender treatment programs in Europe. Journal of Experimental Criminology, 9, 19-43.

Totten, M., & Kelly, K. (2002). When children kill: A social-psychological study on youth homicide. Toronto, ON: University of Toronto Press.

Winterdyk, J. A. (2004). Issues and perspectives on young offenders in Canada (3rd Ed.).Toronto, ON: Nelson College Indigenous.

SUGGESTED ONLINE VIDEO RESOURCES 1) Juvenile Delinquents Become Young Offenders (CBC, 1984). The Young Offenders Act of 1984 updates how people under 18 are treated when charged with a crime (2:19).

LINK: http://www.cbc.ca 2a) Youth Criminal Justice Act – Principles (Justice Canada, 2013). Part 1 of 6 on Building Safe Streets and Communities. A look at Canada's Youth Criminal Justice Act which seeks to build safe streets and communities through prevention, accountability, rehabilitation and reintegration (3:24).

Available on YouTube 2b) Youth Criminal Justice Act – Extrajudicial Measures & Sanctions (Justice Canada, 2013). Part 2 of 6 on Building Safe Streets and Communities. A look at Canada's Youth Criminal Justice Act which seeks to build safe streets and communities through prevention, accountability, rehabilitation and reintegration (4:59).

Available on YouTube 3) Juvenile Detention (Inside Out, 2012). The U.S. Supreme Court ruled earlier this year that mandatory life-without-parole sentences for juvenile offenders, ages 17 and under, are unconstitutional, however the ruling does not automatically free any of the over 2200 prisoners serving life sentences for crimes committed as juveniles nor does it forbid such life terms for youths convicted of homicide. Rather, sentencing judges must first take into account the offender's age, the nature of the crime and other mitigating factors. On this edition of Inside Out we ask: What goes into deciding a youth deserves a life sentence?

What programs are available to youth behind bars? And what are the alternatives to lock up? (25:01).

Available on YouTube

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–8

4) Renewed Calls for Stiffer Penalties for Serious Youth Offenders (Global News, 2013).

Several recent incidents involving young offenders have brought to attention the need for more severe consequences for serious offences (2:06).

Available at globalnews.ca/news 5) Tougher Penalties for Young Offenders (CBC News, 2013). A slain B.C. teen’s parents have proposed some changes to the Youth Criminal Justice Act (2:18).

Available at www.cbc.ca 6) Youth Action Plan (CBC, 2012). Ontario is bolstering crime prevention programs with a focus on youth to the tune of $20 million (2:54).

Available at www.cbc.ca 7) Kids in Crisis: Young Offenders See Fewer Options for Rehab (News 5, 2011). A growing debate affecting thousands of Oklahoma children centers on how to save them from themselves. Eyewitness News 5 morning anchor Anita Blanton has been investigating care in the juvenile justice system (6:08).

Available on YouTube

SUMMARY OF COURT CASES The Murder of Stefanie Rengel Facts:  Stefanie Rengel, 14, had been lured outside her home on New Year’s Day 2008 and was stabbed six times and left dying in the snow  David Bagshaw (17 years of age at the time of the murder) and his then 15-yearold girlfriend, Melissa Todorovic, were charged with the first-degree murder of Rengel  A slew of text messages and emails revealed that for months prior to the murder, Todorovic had egged Bagshaw to kill Rengel for her  Todorovic had pled not guilty but Bagshaw pled guilty  Both were found guilty and were sentenced as adults  First degree murder carries and automatic life sentence of 25 years imprisonment  The Youth Criminal Justice Act allows for anyone convicted at the age of 14 or over to be sentenced as an adult should the circumstances be deemed serious enough to do so Summary: Melissa had felt insanely jealous over Stefanie having had a brief acquaintance in the past with Melissa’s boyfriend David, though the two girls had never met. Evidence showed months of Todorovic goading and urging David to murder Stefanie. Melissa had resorted to withholding sex unless David committed the murder. Melissa had pled not guilty and when convicted was sentenced as an adult to life imprisonment. Both received life imprisonment (25 years). Melissa was sentenced to 7 years before parole eligibility.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–9

David was sentenced to 10 years. He had insisted he had been bullied by Melissa into committing the murder. Both attempted to appeal their transfer to an adult facility when they turned 20. It is the policy of Correctional Services in Canada that youth serving custodial sentences must be transferred to an adult facility once they turn 20 years of age.

Neither appeal was successful. Further, Bagshaw was later convicted of attempted murder when he tried to stab a fellow inmate in prison in 2011.

R. v. Bagshaw (2009) Facts:  David Bagshaw acted on behalf of his girlfriend, Melissa Todorovic, to murder his former friend Stefanie Rengel who was 14-years old. Bagshaw was 17-years old at the time of the murder. He pleaded guilty and was convicted of first-degree murder.  Bagshaw lured Rengel out of her home in order to stab her and leave her for dead.

Following the murder, Bagshaw was to meet with his girlfriend, Todorovic, to receive sex as a reward.  Had the murder occurred four days later, when the accused was 18 (rather than 17), he would have been tried as an adult and an adult sentence would have followed.

Summary: The Crown brought an application to have an adult sentence imposed as per the YCJA. The application was granted. The ruling was based on the planning to kill the victim which was discussed and plotted over several months between Bagshaw and his girlfriend who believed Stefanie was a rival for Bagshaw’s attention. Although Todorovic was the motivation behind the murder, Bagshaw never refused to go along with the plan.

Moreover, Bagshaw never called the police or told anyone else about the plan. Bagshaw knowingly and actively participated in the murder. Psychiatric assessments of Bagshaw suggested a good likelihood of rehabilitation. However, there were concerns whether Bagshaw would participate in treatment given a history of non-compliance and whether he would continue treatment once he left incarceration. Bagshaw had no abusive history or major mental illness that could explain his behaviour. Also, Bagshaw had a good childhood with caring parents. He was deemed immature and having attention deficit hyperactivity disorder, however, these issues were not deemed significant enough to explain his behaviour.

R. v. Todorovic (2009) Facts:  Melissa Todorovic and her boyfriend, David Bagshaw, were charged with murder in connection with Bagshaw murdering 14-year-old Stefanie Rengel.  Todorovic was 15-years old at the time of the murder and was not present at the time Bagshaw killed Rengel.  In months leading up to the murder, Todorovic repeatedly told her boyfriend to kill Rengel.  Todorovic was found guilty of first-degree murder.

Summary: The Crown argued for an adult sentence under the YCJA. An adult sentence was imposed of life imprisonment without the possibility of parole for 7 years. The fact that Todorovic did not actually commit the act did not reduce her responsibility of the crime. Todorovic

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

12–10

was relatively young and had a stable home, no prior criminal history, and no disciplinary problems. However, these strengths could not outweigh a very serious and alarming character flaw. Todorovic had launched a campaign to have Rengel murdered.

Todorovic’s motivation was an unfounded belief that Rengel threatened her relationship with Bagshaw. A pre-sentence report and two psychiatric assessments reported that Todorovic did not take responsibility for the murder. The level of risk posed by Todorovic for future offending could not be determined.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

13–1

CHAPTER 13 Intimate Partner Violence LEARNING OBJECTIVES      

LO 1: Differentiate among the different forms of abuse, and describe the measurement and prevalence of intimate partner violence.

LO 2: Outline the different theories used to explain intimate partner violence.

LO 3: Explain why some women remain in, or return to, abusive relationships.

LO 4: Describe the various types of male batterers and victims.

LO 5: Outline the criminal justice response and effectiveness of intimate partner violence offender treatment.

LO 6: Define stalking and identify the various types of stalkers.

OUTLINE Types of Violence and Measurement  Domestic violence refers to any violence occurring between family members (in a general sense). Intimate partner violence, or spousal violence, refers to violence occurring between intimate partners who are living together or separated.  Violence against partners varies in terms of types and severity, and include physical (e.g., hitting, punching, stabbing, burning), sexual, financial (e.g., restricting access to personal funds, stealing from the victim, refusing to allow the victim to work), and emotional abuse (e.g., verbal attacks, degradation, threats about hurting family members or pets, isolation from family members, unwarranted accusations about infidelity).  Many myths concerning intimate partner violence exist (see Box 13.1).  The most commonly used scale to measure domestic violence is the Conflict Tactics Scale (CTS; Straus, 1979) or the revised version (CTS2; Straus, Hamby, Boney-McCoy, & Sugarman, 1996), which measures how the person and his or her partner resolve conflict. It includes items that assess constructive problem solving, verbal or indirect aggression, physical aggression, sexual aggression, and the consequences of such aggression (see Table 13.1).  Using the CTS, meta-analytic research has revealed that women are more likely to engage in minor physical aggression (e.g., slapping, hitting with object) whereas men utilize more serious physical aggression (i.e., choking) against their partners (Archer, 2002). Women also use verbal aggression more often than men (Stockdale, Tackett, & Coyne, 2013).  The CTS has been criticized for a number of reasons, including: all potential violent acts are not included, does not take into account different contexts or consequences of the same act for men and women, and does not assess motive for violence.  Straus (2012) responds to these criticisms by rejecting the patriarchal theory of intimate partner violence, and arguing that researcher goals should focus on reducing all violence, including violence by women.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

13–2

Intimate Partners: A Risky Relationship  Recent studies have suggested that intimate partner violence is not strictly male-initiated, and that many women engage in similar or more levels of violence (e.g., Carney, Buttell, & Dutton, 2007; Laroche, 2005; see Box 13.2 for a discussion). However, women do report experiencing more severe forms of violence.  The most recent survey on intimate partner violence in Canada (Burczycka, 2016) found that rates of intimate partner violence seem to have slightly declined from 2009 rates Canadians who identified as gay or lesbian were twice as likely to report violence and lesbian or bisexual women were four times more likely to report violence as compared to heterosexual women (see Box 13.2). Only 19% cases of abuse were reported to police, and violence against women was more likely to be reported to police than violence against men.  Similar rates of violence were reported in a survey of the Canadian territories, although higher rates of injuries and police contact were evidenced (Perrault & Mahoney, 2012).  Rates of IPV among Indigenous populations are more than two times the rate for nonIndigenous populations (Burczycka, 2016). Indigenous women are also more likely to contact the police in cases of IPV than non-Indigenous women (Akers & Kaukinen, 2009).  In terms of dating violence, an international study found that female students were less likely to be perpetrators of serious assaults and sexual coercion as compared with male students.

The median rates across all the countries of having physically assaulted their partners was 29.8% for any assaults, 5.8% for serious assaults, and 21.5% for any sexual coercive acts.

Canadian dating physical violence rates were in the lower half of countries surveyed; about one in five Canadian university students reported having experienced physical assault by their dating partner in the last 12 months. However, Canada had higher rates of sexual coercion as compared with many other countries (Chan et al., 2008). Table 13.3 reports violence rates in Canadian university students.  Both alcohol use (e.g., frequent drinking, problem-drinking, or heavy episodic drinking) and drug use increases the risk of perpetrating dating violence (Shorey, Stuart, & Cornelius, 2011).

Theories of Intimate Violence  Several theories of intimate violence exist, including patriarchy, social learning, and evolutionary psychology.  Patriarchy refers to a broad set of cultural beliefs and values that support the male dominance of women. Patriarchy likely influences the development of individual expectations about the appropriate level of authority within intimate relationships.  Social learning theory was developed by Bandura (1973) to explain aggression and applied to intimate partner violence by Dutton (1995). There are three main components of social learning theory: origins of aggression, instigators of aggression, and regulators of aggression.

One way in which people acquire new behaviours is through observational learning.

Instigators are events in the environment that act as stimuli for the behaviour, and behaviour is regulated by its consequences. Behaviours that are rewarded increase in frequency, and behaviours that are punished decrease in frequency.  The nested ecological model (Dutton, 1995) focuses on conceptualizing the relationship among the multiple levels that influence intimate violence including cultural beliefs and attitudes, social institutions and laws, relationship qualities, and psychological and biological factors unique to the individual.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



13–3

Evolutionary psychology focuses on psychological traits that exist today because at some point in the species’ history, that trait provided an advantage that led to its survival and reproduction. Buss and Duntley (2011) suggest that selective pressures, an environmental circumstance promoting the survival of particular genes, may include: losing access to resources from the relationship (e.g., sexual access), and 2) events that threaten access to those resources (e.g., an outsider flirting with your partner). These selective pressures may have led to the development of strategies to address this, including IPV.

Why Do Battered Women Stay?  There are negative myths and stereotypes concerning battered women, held by both men and women. These myths include that a battered woman has a masochistic desire to be beaten, that she is emotionally disturbed, that the violence cannot be as bad as she claims, and that the woman is partially to blame for her victimization (Ewing & Aubrey, 1987; Harrison & Esqueda, 1999; Walker, 1979).  The decision to stay with, to leave, or to return to an abusive partner is complex, especially because the violence experienced is often not constant. Walker (1979) proposed a threephase cycle of abuse (tension-building, acting-out, and honeymoon) that often repeats itself (see Figure 13.1).  Abused women remain in, or return to, abusive relationships for a number of reasons.

Environmental (e.g., financial resources), socialization (e.g., primary caretaker of children), and psychological (e.g., feel safer in the relationship because they know what abuser is doing, learned helplessness, self-esteem, locus of control) barriers exist that make it difficult for abused women to leave an abusive relationship. Recent studies also suggest that concern over animal maltreatment also may delay abused partners from leaving the relationship.  In some cases, women have used battered woman syndrome as a framework for explaining why a woman might use lethal violence (see Box 13.3 for a discussion of the Lavallee case).

A Heterogeneous Population: Typologies of Male Batterers  Holtzworth-Munroe and Stuart (1994) propose a typology of male batterers with three types, which include the family-only batterer, the dysphoric/borderline batterer, and the generally violent/antisocial batterer.  Family-only batterer: engages in the least amount of violence, is not violent or criminal outside the home, lack of psychopathology evident, moderate impulse-control problems, no disturbance in attachment to partner, the most common type (~ 50%).  Dysphoric/borderline batterer: engages in moderate to severe violence, exhibits some extrafamilial violence and criminality, displays depression and borderline traits, problems with jealousy, problems with impulsivity and substance use, preoccupied attachment style, approximately 25% of batterers.  Generally violent/antisocial batterer: engages in moderate to severe violence, engages in most severe violence outside home and criminal behaviour, antisocial and narcissistic personality, substance use problems, high levels of impulse control problems and violencesupported beliefs, dismissive attachment style, approximately 25% of batterers.  Female batterers have been identified as belonging to one of two groups: Partner-Only (more reactive violence) and Generally Violent (more instrumental violence) (Babcock, Miller, & Siard, 2003).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

13–4

Criminal Justice Response  Since the 1980s, mandatory charging policies have been in place in Canada, which give police the authority to lay charges against an assault suspect. Before this policy, women were required to bring charges against their husbands and many were too intimidated to do so.  Sherman and Berk (1984) examined the deterrence effect of three types of police responses: separation, mediation, and arrest. Recidivism rates were lower for those men arrested for spousal assault as compared to the separation or mediation groups. More recent research has found that arrest only works for those men who are employed (Sherman, Schmidt, & Rogan, 1992).  Mandatory arrest policies have dramatically increased the rate of arrests for intimate partner violence since implemented (Simon, Ellwanger, & Haggerty, 2010).

Does Treatment of Male Batterers Work?  The most common forms of intervention for male batterers include: - Feminist psychoeducational group therapy (Duluth model): This therapy focuses on challenging patriarchal beliefs. This involves group therapy and a blaming, punitive orientation that results in high drop-out rates. This model has been criticized due to its gendered approach, lack of acknowledgement that violence is interactive, and shaming men without development of therapeutic bonds (Dutton & Corvo, 2006).

- Cognitive-behavioural therapy: This therapy focuses on costs and alternatives to engaging in violence, and subscribes to the belief that violence is a learned behaviour.

This program teaches communication skills, anger-management, and attitude change to break through barriers of denial and minimization.  A meta-analysis conducted by Babcock, Green, and Robie (2004) found small treatment effects for both of the above types of intervention. There were no differences in treatment efficacy between the Duluth model and cognitive-behavioural therapy.  The Correctional Service of Canada’s Family Violence Prevention Programs focus on treating male offenders who have been abusive in their intimate relationships with female partners or ex-partners (see Box 13.6). These programs have been found to lower levels of jealousy, decrease negative attitudes about relationships, improve relapse prevention skills, and increase respect and empathy for partners. After a six-month follow-up, treatment completers also had lower rates of recidivism for spousal assault and violent reoffending (Stewart, Gabora, Kropp, & Lee, 2005).  Additional studies have found that program completion and goal specificity are related to a decreased likelihood of re-arrest for domestic violence (Bennett, Stoops, Call, & Flett, 2007; Lee, Uken, & Sebold, 2007), and that participant characteristics can help to predict attrition (Bowen & Gilchrist, 2006). Treatment effectiveness also may vary according to the type of batterer, with family-only batterers attending more treatment sessions in general (Huss & Ralston, 2008). Treatment completion can be predicted by employment, age, and referral source (Jewell & Wormith, 2010).  Matching intimate partner abusers to treatment programs designed for their particular type of batterer may result in the best outcomes (Huss & Ralston, 2008; Saunders, 2001).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

13–5

Stalking: Definition, Prevalence, and Typologies  Stalking, also known as criminal harassment is defined as crime involving repeatedly following, communicating with, watching, or threatening a person directly or indirectly.

This also must involve fear for self or others safety for the police to lay a charge.  Women are more likely to be the targets of stalking than men (especially women between the ages of 15 and 24). Prevalence of stalking is more common in university students than the general population.  Most stalking victims know their stalkers, often stemming from former romantic relationships (Spitzberg & Cupach, 2007).  Variables that are associated with a higher likelihood of violence are categorized as clinical (e.g., substance-abuse disorder, personality disorder) and case-related (e.g., former intimate relationship between offender and victim). Stalking offenders are at greater risk of continuing stalking behaviour after release from prison if they have a personality disorder and a history of substance abuse (Rosenfeld, 2004).  Stalking victims suffer stress, anxiety, sleep problems, and a general decrease in the quality of their lives. They also often change their behaviours to try to protect themselves (i.e., avoiding certain places).  Several different typologies of stalkers have been proposed: the ex-intimate stalker, loveobsessional stalker, delusional stalker, and grudge stalker (Kropp, Hart, & Lyon, 2002).  Groups that have higher rates of being stalked include politicians (Adams et al., 2009), doctors and psychiatrists (Abrams & Robinson, 2011), faculty members (Morgan & Kavanaugh, 2011), and celebrities (see the In the Media box).

SUGGESTED LECTURE ACTIVITIES Types of Violence and Measurement  Show the class a copy of the Conflict Tactics Scale Revised (CTS2) and have them make suggestions about how to modify the scale.  Locate a case example of male/husband battering. Describe this to the class and use this to launch into a discussion of male battering. Ask your class what characteristics they think are associated with male battering? What types of violence? Is there a gender bias in policing?

Should there be a typology of female batterers?  Canadians who identified as gay or lesbian were twice as likely to report violence and bisexuals were four times more likely to report violence as compared to heterosexual couples. Ask the class why they think this may be the case and discuss issues that may be relevant (or differ) with respect to homosexual battering relative to heterosexual battering.  Dating violence is relatively high within university populations. Ask the class to design an educational awareness program aimed at university students to help reduce violence in this population. What information and method of delivery would they find impactful?

Theories of Intimate Violence  Introduce the class to the General Aggression Model, and ask them to apply it to intimate violence situations. Does this model offer a better explanatory framework for this type of violence? How would it need to be modified or adjusted? Refer to DeWall, Anderson, and Bushman (2011) paper citation provided below.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

13–6

Why Do Battered Women Stay?  Conduct a debate about the possible reasons why battered women stay.  Discuss the cycle of violence. Ask the class how they think this model could be adjusted to account for the fact that not all cases of intimate violence follow this type of cycle. How would learned helplessness fit into this revised model?  There are several notable cases of intimate partner violence that have resulted in lethal outcomes (e.g., Lavallee, Hurshman-Corkum). Have the class discuss why judges treated the presentation of the battered woman syndrome differently in court. Should BWS be used as a defence to justify homicide? Why or why not?  Based on their knowledge of jury decision-making, ask what influences experts might have on the presentation of battered women syndrome. Have the class search several articles on experts and BWS and discuss as a group what they found.

Typologies of Male Batterers  Provide students with fictional case studies of male batterers and ask them to classify them according to the typologies of male batterers.

Criminal Justice Response  Mandatory charging policies give the police the authority to lay charges against a suspect when there are reasonable and probable grounds to believe that an assault has occurred. Have the class debate whether these policies are effective, and what positive and negative effects they may have.  Discuss the treatment models that have been proposed for male batterers (Duluth model, cognitive-behavioural therapy, and the CSC family violence prevention program). Ask the class how effective they think these programs are, and why minimal differences between therapeutic approaches have been found.  As a class, solicit ideas as to how these approaches could be improved or modified to have more effect on reducing battering in both men and women. Should treatment approaches differ according to the type and gender of batterer? Why or why not and how so?

Stalking: Definition, Prevalence, and Typologies  Provide students with a case of a male stalker and ask them to identify the type of stalker.  Break the class into groups for each type of stalker, and have them come up with ideas as to what treatment strategies they would employ for each type (based on what they already have learned in the course), and then have the groups share these with the class and discuss as a group.  Have your class read the Morgan and Kavanaugh (2011) study concerning stalking of faculty members prior to class. Use this to open a discussion concerning stalking behaviour, reasons reported for stalking, how this could be measured/assessed, and what appropriate actions on behalf of the institution and student are.  Break the class into groups and have them find cases of celebrity stalkers for the next class.

Have each group present the case and identify the types of stalkers and likely motivations behind the offences. Ask the class if any patterns among celebrity stalking cases exist.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

13–7

SUGGESTED READINGS Cunha, O., & Gonçalves, R. A. (2013). Intimate partner violence offenders: Generating a databased typology of batterers and implications for treatment. The European Journal of Psychology Applied to Legal Context, 5, 131-139.

DeWall, C. N., Anderson, C. A., & Bushman, B. J. (2011). The general aggression model: Theoretical extensions to violence. Psychology of Violence, 1, 245-258.

Dutton, D. G. (2001). The domestic assault of women: Psychological and criminal justice perspectives. Vancouver, BC: UBC Press.

Fernández-González, L., Wekerle, C., & Goldstein, A. L. (2012). Measuring adolescent dating violence: Development of ‘conflict in adolescent dating relationships inventory’ short form. Advances in Mental Health, 11, 35-54.

Hilton, N. Z., Harris, G. T., Rice, M. E., Lang, C., Cormier, C. A., & Lines, K. J. (2004). A brief actuarial assessment for the prediction of wife assault recidivism: The Ontario domestic assault risk assessment. Psychological Assessment, 16, 267-275.

Mullen, P. E., Pathé, M., & Purcell, R. (2009). Stalkers and their victims (2nd ed.). New York, NY: Cambridge University Press.

Russell, B., Ragatz, L., & Kraus, S. W. (2012). Expert testimony of the battered person syndrome, defendant gender, and sexual orientation in a case of duress: Evaluating legal decisions. Journal of Family Violence, 27, 659-670.

Stover, C. S. (2005). Domestic violence research: What have we learned and where do we go from here? Journal of Interpersonal Violence, 20, 448-454.

Theobald, D., & Farrington, D. P. (2012). Child and adolescent predictors of male intimate partner violence. Journal of Child Psychology and Psychiatry, 53, 1242-1249.

Walker, L. E. A. (1979). The battered woman. New York, NY: Harper & Row. Walters, M. L., Chen, J., & Breiding, M. J. (2013). The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 findings on victimization by sexual orientation. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

Weller, M., Hope, L., & Sheridan, L. (2013). Police and public perceptions of stalking: The role of prior victim-offender relationship. Journal of Interpersonal Violence, 28, 320-339.

Whitaker, D. J., & Lutzker, J. R. (2009). Preventing partner violence: Research and evidencebased intervention strategies. Washington, DC: American Psychological Association.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

13–8

SUGGESTED ONLINE VIDEO RESOURCES 1) Men Don’t Tell (CBS Sunday Night Movie, 1993). On March 14, 1993, CBS aired Men Don't Tell, a TV movie about domestic violence starring Peter Strauss and Judith Light. The twist: Strauss’s character, construction executive Ed MacAffrey, was abused by his wife Laura, played

by Light. Based on a true story, it dramatizes the story of a loving husband who is terrorized by the violent behaviour of his wife. (1:33:29).

Available on YouTube 2) The Battered Woman Syndrome Author on Arias (Nancy Grace, 2013). In an exclusive interview with Nancy Grace, Dr. Lenore Walker, author of The Battered Woman Syndrome, and executive director of the Domestic Violence Institute, speaks out about the murder trial of Jodi Arias (5:00).

Available on www.hlntv.com 3) Supreme Court Accepts Battered Wife Syndrome Defence (CBC, 1990). Angelique Lavallee’s murder acquittal establishes a Canadian precedent (3:14).

Available on www.cbc.ca

SUMMARY OF COURT CASES R. v. Lavallee (1990) Facts:  Lavallee shot her abusive husband after being threatened by him “to kill him or he would kill her.”  There was considerable evidence that the accused was a victim of domestic violence.  The defendant claimed self-defence.  A psychiatrist submitted testimony in support of the defendant based upon subjective interviews and police reports.

Summary: After being found not guilty for killing her abusive husband the crown appealed to the Manitoba Court of Appeal arguing that Lavallee’s psychiatrist gave testimony that was based upon personal interviews with the accused, the police and her mother. At issue was the fact that the jury was not adequately warned that the doctor’s testimony was based upon subjective evidence. Additionally, the jury was not instructed to give the same amount of credence to the medical testimony than to the other evidence presented in court. The crown was successful and a new trial was ordered. The defense appealed to the Supreme Court of Canada, which in 1990 set aside the order from the Manitoba Court of Appeal and restored the acquittal. The Supreme Court decision also included principles to guide decisions about expert testimony in cases of battered women.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

14–1

CHAPTER 14 Sexual Offenders LEARNING OBJECTIVES      

LO1: Describe the nature, prevalence, and consequences of sexual offences.

LO2: Identify the types of sexual offenders and different typologies of rapists and contact and online child abusers.

LO3: Describe the unique characteristics of adolescent, female, and Indigenous sexual offenders.

LO4: Describe the different theories used to explain sexual aggression.

LO5: Outline treatment targets for sexual offenders.

LO6: Describe the effectiveness of treatment for sexual offenders.

OUTLINE Nature and Extent of Sexual Violence  The majority of victims do not report sexual assaults to police, but available statistics indicate that these crimes affect a relatively large proportion of the population. Nonreporting results from: victims not feeling the matter is important enough, they believe the matter has already been dealt with, they feel the matter is too personal, or they don’t want to involve the police.  Highest victimization rates for sexual assault are reported among children, youth, adult women, and Indigenous people (Boyce, 2015). In most sexual assault cases (56%), the victim knew the perpetrator (Perrault, 2015). Little attention has been paid to male rape by female perpetrators but some research suggests rates of unwanted sexual contact for males and females are not that different in university populations (Larimer et al., 1999).  Both rapists and child molesters frequently report multiple victims, with male-victim child molesters having the highest rate of perpetration (Abel et al., 1987).  Sexual assault has become defined as any nonconsensual sexual act by either a male or a female person to either male or female persons, regardless of the relationship between the people involved.  Sexual assault is divided into three levels based on severity: simple sexual assault (maximum sentence 10 years), sexual assault with a weapon or causing bodily harm (maximum sentence 14 years), and aggravated sexual assault (maximum sentence life imprisonment).

Sexual Assault Myths  Various stereotypic ideas about sexual assault exist and are accepted across many levels of society. Men appear to be more accepting of sexual assault myths than women (see Box 14.1).

- Sexual assault is not a common problem.

- Sexual assault is most often committed by strangers.

- Women who are sexually assaulted “ask for it” by the way they dress or act.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

-

14–2

Avoid being alone in dark, deserted places, such as parks or parking lots, and this will protect you from being sexually assaulted.

Women lie about sexual assault.

Consequences for Victims  Sexual aggression can have serious negative psychological and physical consequences. Adult victims of rape report high levels of stress and fear that often disrupts social, sexual, and occupational functioning, while also generating high levels of anxiety and depression.  Rape trauma syndrome is used to describe the after-effects of rape (Burgess & Holmstrom, 1974). The effects of rape are divided into two phases: an acute crisis phase and a long-term reactions phase. During the acute phase, women experience high levels of fear, anxiety, depression, and commonly engage in self-blame and have heightened levels of distrust and self-doubt. Long-term reactions include phobias, sexual problems, and depression.  Post-traumatic stress disorder (PTSD; APA, 2013) also can occur in victims of sexual assault and persist in the years following the rape. Symptoms of PTSD include four symptom clusters that occur in response to the traumatic event: (1) recurrent, involuntary and intrusive distressing memories; (2) persistent avoidance of stimuli; (3) negative alterations in cognitions and moods; and (4) marked alterations in arousal and reactivity. There is a high prevalence of PTSD in rape victims.

Classification of Sexual Offenders  Sexual offenders are usually divided into categories based on the type of sexually deviant behaviour, the relationship between victim and offender, and the age of the victim.  Voyeurs obtain sexual gratification by observing unsuspecting people, usually strangers, who are naked, in the process of undressing, or engaging in sexual activity.

Exhibitionists obtain sexual gratification by exposing their genitals to strangers.  Sexual assault prevention strategies vary in effectiveness, and inconclusive evidence exists concerning victim injury and rape resistance strategies (see Box 14.2)  Rapists are offenders who sexually assault victims aged 16 or older, while child molesters/sexual offenders against children are offenders who sexually assault children (some child molesters/sexual offenders against children are also referred to as pedophiles). Child molesters are also divided into two types:1) intra-familial child molesters (also called incest offenders) are those who sexually abuse their own biological children or children for whom they assume a parental role, such as a stepfather or live-in boyfriend; 2) extra-familial child molesters sexually abuse children outside the family.  Typologies of both rapists and child molesters have been proposed that focus on the motives for sexual abuse.  According to the MTC-3 (Knight & Prentky, 1990), rapists have been classified into five primary types based on motivational differences: opportunistic, pervasively angry, sexual, sadistic, and vindictive. The opportunistic, sexual, and vindictive subtypes are further subdivided based on their level of social competence. The sadistic type is also further subdivided into overt or muted sadists based on the

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

 



14–3

presence or absence of gratuitous violence. These classifications tend to differ in terms of levels of psychopathy, sexual recidivism, and treatment needs and outcomes.

Groth (1979) proposed a different rapist typology consisting of three types: anger rapist (~50%), power rapist (~40%), and sadistic rapist (~5%).

Child molesters also have been categorized into a typology developed by Groth, Hobson, and Gray (1982): fixated child molesters and regressed child molesters.

Child molesters can be further divided into two types based on the type of coercion used: sex-pressure (persuasion, entrapment) and sex-force (threats, physical force).

National Sex Offender Registries have been created to aid in investigating sexual crimes and are administered by the RCMP (not available to the public). See Box 14.3.

Adolescent Sexual Offenders  Adolescents commit 20% of rapes and between 30% and 50% of child sexual abuse.  The vast majority of the 645 adolescents tried for sexual assault in Canada in 2013 were male (98% and most were between 12 and 15 years of age.  Adolescent sex offenders have often experienced early sexual victimization, although this is not predictive of later sexual offending. Other factors such as social inadequacy, lack of intimacy, and impulsiveness also play a role (Rasmussen, Burton, & Christopherson, 1992). In addition, they may have been exposed to sex or pornography and develop atypical sexual interests (Seto & Lalumière, 2010).  Recent research suggests a link between violent video games and negative attitudes towards women and acceptance of sexual assault myths (see Box 14.4).

Female Sexual Offenders  Research on female sex offenders is limited, due to low prevalence rates (2-5% of incarcerated sex offenders), and low rates of sexual reoffending (Cortoni, Hanson, & Coache, 2010).  Some researchers have suggested that female sexual abuse is underreported (Banning, 1989; Groth, 1979), particularly based on how sexual abuse by females is defined.

Further, this abuse may be underreported because females may mask their behaviours as caregiving, they are more likely to target their own children and/or boys, both of which are less likely to disclose.  Atkinson (1996) proposed four types of female sexual offenders based on limited research and sample sizes: teacher/lover, male-coerced, male-accompanied, and predisposed. See the In the Media box for a discussion of Karla Homolka as a maleaccompanied sexual offender.  Recent research has classified female sexual offenders as once-only (only one sexual offence), generalist (at least one sexual offence and one or more serious offences), and specialists (commit more sexual offences and not other criminal activities).

Indigenous Sex Offenders  Despite 40% of the Indigenous offender population in Canada committing a sexual offense (Correctional Service of Canada, 2013), there is little research on Indigenous sexual offenders.  Indigenous offenders appear to have longer histories of criminal behavior and substance abuse, lower levels of education, and higher rates of unemployment

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



14–4

than non-Indigenous sexual offenders (e.g., Olver & Wong, 2006). Most Indigenous sexual offenders are between 19 and 40 years of age, under the influence of alcohol, less likely to have male victims, and less likely to victimize young children (Correctional Service of Canada, 2013).

Victims of Indigenous sexual offenders tend to be part of the Indigenous community and known to the offender (Correctional Service of Canada, 2013).

Theories of Sexual Aggression  Finkelhor’s (1984) precondition model proposed that in order for child molestation to occur there are four preconditions that must be present: the offender must be motivated to sexually abuse (involves emotional congruence, sexual attraction, and blockage of emotional outlets), the offender must lack internal inhibition, the offender must overcome external inhibitions, and the offender must overcome the child’s resistance.  Marshall and Barbaree (1990) developed an integrated model of sexual aggression that encompasses biological factors, childhood experiences, sociocultural influences, and situational events. They argue that males normally learn to inhibit sexually aggressive behaviour via a socialization process that promotes the development of strong, positive attachments. The authors suggest that sexual offenders fail to acquire effective inhibitory control because they experienced childhood abuse (emotional, physical, or sexual abuse) or because they were raised in extremely dysfunctional families. In addition, they argue that societal structures reinforce aggression and negative attitudes towards women.  Rape has also been interpreted through evolutionary theory as a mating strategy designed to enhance reproductive success. According to this view, rape is viewed as a consequence of a mating strategy that was selected for because it resulted in a reproductive advantage for males (Lalumière, Harris, Quinsey, & Rice, 2005).

Assessment and Treatment of Sexual Offenders  Treatment for sexual offenders addresses denial, minimizations, and cognitive distortions; victim empathy; modifying deviant sexual interest (assessed with the use of penile phallometry); enhancing social skills; dealing with substance problems; and developing relapse-prevention plans.  Many different techniques have been developed to train offenders to eliminate deviant thoughts and interests and to increase the frequency of appropriate sexual thoughts and interests. These may include aversion therapy (giving an aversive substance whenever deviant fantasies arise), masturbatory satiation (masturbate to ejaculation to non-deviant fantasy, then told to masturbate to deviant fantasy immediately after when arousal often not possible), and pharmacological interventions (use of SSRIs).  Relapse prevention (RP) is a program designed to prevent the occurrence of an undesired behaviour, such as sexual assault. It involves identifying risk factors that lead to the undesired behaviour and developing plans to deal with high-risk situations (see Box 14.6).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

14–5

Effectiveness of Treatment for Sexual Offenders  A meta-analysis of treatment programs suggests that treated sexual offenders have lower rates of sexual recidivism than do dropouts or treatment refusers, that treatment can be equally effective for adolescent and adult offenders, and that both institutional and community treatment can be associated with reductions in sexual recidivism (Hanson et al., 2002). Current treatments, such as cognitive-behavioural and systematic therapy (for adolescent offenders), are particularly effective.  Not all sexual offenders stay in treatment. In a meta-analysis of treatment attrition, Olver, Stockdale, and Wormith (2011) found that 27.6% of sexual offenders drop-out of treatment. The following variables were related to treatment attrition: number of prior offences, psychopathy, denial, negative treatment attitudes, and level of motivation. Sexual offenders with these features may need additional support in order to encourage them to remain in treatment.

SUGGESTED LECTURE ACTIVITIES Consequences for Victims  Construct a true/false quiz containing myths associated with sexual assault and have the class discuss the realities of sexual offending.  Engaging in a discussion as a class as to what rape trauma syndrome is, and whether it differs significantly from PTSD. Also ask the class as to whether males could experience RTS and if the acute and long-term phases might differ as a function of gender of the rape victim.

Classification of Sexual Offenders  Ask groups of students to find case examples of no-contact (voyeurs, exhibitionists) and contact sexual offenders (rapists, intra- and extra-familial child molesters) that vary across types. Have groups present a case to the class, indicating why the offender fits within the grouping they were assigned.  Look up examples of cases of sexual assault across Canada or in your home city or province/territory. Describe several of these cases and ask the class to identify what classification category the offender would fit into (either according to the MTC:R3 groupings or the Groth typology). You could entitle this as a game such as “Name that Motivation!” or something along those lines.  Ask the class to discuss whether the community should be notified when a high-risk sexual offender is released from prison. Discuss the benefits and costs associated with public notifications.

Female Sexual Offenders  Briefly identify the two classifications of female sexual offenders (Atkinson, 1996, versus Wijkman, Bijleveld, and Hendriks, 2011). Have the class discuss which they find to be more accurate and how different methods of classification could lead to different results.  Ask the class, in groups, to design a study to test female sexual offender classifications or to develop their own.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

14–6

Theories of Sexual Aggression  Before this part of the chapter, break the class into small groups, where each group is assigned to a different model of sexual aggression. As a group, assign them to research their model of aggression, and then present it to the class as a whole the next class. Prompt them to identify both positives and negatives to each theoretical approach. As a whole class, discuss how these approaches could be combined to form a new model.

Assessment and Treatment of Sexual Offenders  Provide students with a case study of a sex offender and have them develop a relapse prevention program (i.e., a list of risk factors and ways to avoid with high-risk situations).  Given that treatment outcomes may vary as a function of the motivations of the offender, divide the class into small groups of each offender type (e.g., vindictive, sadistic, etc.) for rapists, child molesters, or even female offenders, and come up with a treatment plan for each type based on what they know about different forms of treatment.  As a class, discuss what differences may or should exist between treatment approaches for male sexual offenders relative to female sexual offenders.

Effectiveness of Treatment for Sexual Offenders  Break the class into small groups, where each group is asked to design a study that could evaluate the effectiveness of sexual offender treatment programs. Compare these among the class and identify commonalities in variables and discuss the problems faced by researchers in the field.

SUGGESTED READINGS Barbaree, H. E., & Marshall, W. L. (2006). The juvenile sex offender (2nd ed.). New York, NY: Guilford Press.

Cortoni, F., & Gannon, T. A. (2013). What works with female sexual offenders. In L. A. Craig, L. Dixon, & T. A. Gannon (Eds.), What works in offender rehabilitation: An evidence-based approach to assessment and treatment (pp. 271-284). Oxford, England: John Wiley & Sons.

Gannon, T. A., Waugh, G., Taylor, K., Blanchette, K., O’Connor, A., Blake, E., & Ciardha, C. O. (2013). Women who sexually offend display three main offense styles: A re-examination of the descriptive model of female sexual offending.

Sexual Abuse: A Journal of Research and Treatment, 26, 207-224.

Kingston, D. A., Yates, P. M., & Firestone, P. (2012). The self-regulation model of sexual offending: Relationship to risk and need. Law and Human Behavior, 36, 215-224.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

14–7

Lalumière, M. L., Harris, G. T., Quinsey, V. L., & Rice, M. E. (2005). The causes of rape: Understanding individual differences in male propensity for sexual aggression. Washington, DC: American Psychological Association.

McKillop, N., Smallbone, S., Wortley, R., & Andjic, I. (2012). Offenders’ attachment and sexual abuse onset: A test of theoretical propositions. Sexual Abuse, 24, 591610.

Nunes, K. L., & Jung, S. (2013). Are cognitive distortions associated with denial and minimization among sex offenders? Sexual Abuse, 25, 166-188.

Pullman, L., & Seto, M. C. (2012). Assessment and treatment of adolescent sexual offenders: Implications of recent research on generalist versus specialist explanations. Child Abuse & Neglect, 36, 203-209.

Seto, M. (2008). Pedophilia and sexual offending against children: Theory, assessment and intervention. Washington, DC: American Psychological Association.

SUGGESTED ONLINE VIDEO RESOURCES 1) Interview with a Sexual Sadist – Rare Type of Sex Offender (SAGE, 1997). This is an example of a Sadistic Sex Offender or "Sexual Sadist" from a video series entitled: Truth, Lies and Sex Offenders & Sadistic vs. non-Sadistic Sex Offenders, created by Dr. Anna Salter. This segment shows a chilling example of what a Sexual Sadist really is (14:48).

Available on YouTube 2) When Predators Are Women (Huffpost Live, 2012). The lonely school teacher. The misguided cougar mom. Those are stereotypes given to women who sexually abuse children. But their crimes are just as serious as a man's (29:26).

Available on live.huffingtonpost.com 3) Sex Offender Treatment Skills for Corrections Professionals (NCIC, 2012). First video of NCIC training. Effective assessment, treatment, and management of incarcerated sex offenders are enhanced by this 36-hour distance learning event. The content of this training program is divided into five sections: characteristics of sex offenders and treatment programs (what works/what doesn't work); comprehensive psycho-sexual assessment; treatment issues, such as sex offender treatment vs. traditional treatment, denial/cognitive distortion and empathy, stages of change and interviewing strategies, social and emotional competence, sexual arousal control, substance abuse and sexual offending, mental health issues, integrating polygraph (8:49).

Available on archive.org 4) Child Sex Predators Database Planned (CBC, 2013). PM Harper wants offenders to tell them when they leave (2:11).

Available on cbc.ca

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

14–8

5) Surprenant Asks for Public Sex Offenders Data (CBC, 2012). Coroner's report points to convicted sex offender in Julie Surprenant case (2:26).

Available on cbc.ca

SUMMARY OF COURT CASES There are no case summaries for this chapter.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

15–1

CHAPTER 15 Homicidal Offenders LEARNING OBJECTIVES     

LO 1: Describe extent and nature of homicide in Canada.

LO 2: Describe the various types of homicide.

LO 3: Differentiate between serial, mass, and spree murders.

LO 4: Describe the theories used to explain homicidal behaviour.

LO 5: Describe the effectiveness of treatment for violent offenders.

OUTLINE Nature and Extent of Homicidal Violence  Canadian criminal law recognizes four different types of homicide: first-degree murder, second-degree murder, manslaughter, and infanticide (the killing of a baby by its mother). Different penalties are imposed for each type, with a maximum of five years for infanticide and life in prison (25 years with no chance of parole) for the other three.  First degree murder is murder that is planned and deliberate, also including murder of law enforcement or correctional staff, or murder committed during another violent offence. All other murder that is not first-degree is considered second-degree.

Manslaughter is unintentional murder that occurs during the “heat of passion” or because of criminal negligence.  The homicide rate in Canada has been dropping over the past decade (see Figure 15.1); however, there is a substantial fear of violence in the community (often perpetuated by media portrayals of violence). Homicide is a rare offence, representing less than 1% of all crime (Brennan, 2012).  Characteristics of homicide in Canada in 2014 (Miladinovic & Mulligan, 2015) include: - Newfoundland and Labrador have the lowest rates of homicide whereas Manitoba has the highest, - The majority of solved homicides were committed by someone the victim knew, with stranger homicides only accounting for 17% of all homicides, - 25 of 516 homicides were committed by youth, - 23% of homicide victims were Indigenous and the Indigenous homicide rate was 6 times the non-Indigenous homicide rate. 32% of people accused of homicide were Indigenous.

Bimodal Classification of Homicide A bimodal classification scheme for the study of aggression and homicide in humans was proposed, which classifies aggression as either reactive (affective) or instrumental (predatory) (Kingsbury, Lambert, & Hendrickse, 1997).  Reactive aggression is defined as impulsive, unplanned, immediate, driven by negative emotions, and occurring in response to some perceived provocation. This type of homicide occurs more among relatives and acquaintances. 

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



15–2

Instrumental aggression is defined as proactive rather than reactive and is a premeditated, calculated behaviour, motivated by some goal. Instrumental homicides are more strongly associated with stranger victims.

Filicide: When Parents Kill  Filicide is the killing of children by their biological or stepparents and includes neonaticide (killing a baby within 24 hours of birth) and infanticide (killing a baby within the first year of life). Family-related child murder in Canada is uncommon.  Between 2003 and 2013, 319 children between the ages of 0–17 were killed in familial homicides in Canada. For children under the age of 6, the accused’s frustration accounts for the motivation to kill, while the familial murders of children between the ages of 12-17 were more likely a result of an argument or revenge.  There is disagreement in the literature with respect to offender characteristics in cases of filicide. For example, some studies have suggested that fathers are more likely than mothers to be the perpetrator of filicides (Ogodnik, 2009), whereas other research has indicated the opposite (Dalley, 2008).  Maternal filicides are divided into three broad categories: (1) neonaticides, (2) those committed by battering mothers, and (3) those committed by mothers with mental illness. Each grouping is associated with different characteristics of the mothers (Stanton & Simpson, 2002).  Three types of mental illness that may occur during the period following child birth are: postpartum blues (experienced by approximately 85% of women), postpartum depression (experienced by 7-19% of women), and postpartum psychosis (occurring in 1 to 2 out of every 1000 births), Post-partum psychosis is the most severe form, involving delusions, hallucinations, and suicidal or homicidal thoughts within the first three months after childbirth (Millis & Kornblith, 1992) .  Familicide occurs when a spouse and children are killed, is almost always committed by a man, and ends with a greater likelihood of committing suicide. There are two types of familicide murderers (Wilson et al., 1995): the despondent non-hostile killer and the hostile accusatory killer.

Youth Who Kill  Although the rate of homicides committed by youth have decreased, they are usually associated with use of an accomplice, and being acquainted with their victim(s) (see Box 15.1 for a discussion of the Jasmine Richardson case).  Youth charged with parricide (killing parents) were more likely to have been physically abused, to have witnessed spousal abuse, and to report amnesia for the murders, compared with the other youth who committed murder.  A typology of juvenile homicide offenders was developed based on the circumstances of the offence (Cornell et al., 1987): psychotic (youth who had symptoms of severe mental illness at the time of the murder), conflict (youth who were engaged in an argument or conflict with the victim when the killing occurred), and crime (youth who killed during the commission of another crime, such as robbery or sexual assault).  In a recent Canadian study, researchers found that almost half (47.2%) of all youth homicides were committed while the youth was committing another crime

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

15–3

(Woodworth, Agar, & Coupland, 2013). Almost three-quarters of these homicides involved some level of instrumentality.

Spousal Killers  Femicide is the general term applied to the killing of women and uxoricide is the more specific term denoting the killing of a wife by her husband. Androcide refers to the killing of men and mariticide is the term denoting the killing of a husband by his wife. Uxoricide appears to be much more common than mariticide.  Sinha (2012) found that the two primary motivations underlying intimate-partner homicides that were committed between 2000 and 2010 in Canada were escalations of arguments/quarrels and jealousy, However, jealousy was a motive more often in cases where the female intimate-partner was killed (24% of cases) compared to when the male partner was the victim (10% of cases). Whereas men most often kill their wife due to anger or jealousy, research suggests that wives often kill their husbands out of fear for themselves or their children (Johnson & Hotton, 2003).  Factors that increased the risk of homicide (particularly femicide) in abusive relationships: access to gun, previous threats with weapon made, estrangement, and victim having left for another partner (Campbell et al., 2003).  Uroxicides tend to be associated with close contact methods of killing (i.e., beating or strangling), use of excessive force or overkill, and a high incidence of perpetrator suicide.

Sexual Homicide  Sexual homicides are killings that involve a sexual component.  There is little research on sexual homicidal offenders, likely because the crime is relatively rare.  Beauregard and Martineau (2013) found that most sexual homicide offenders were white and single, had a diverse criminal history and were an average age of 28 years. Their victims were also typically white and single, around the same age (27.2 years) and often engaged in a high-risk lifestyle. See Table 15.1 Multiple Murderers People who commit multiple murders are generally categorized into one of three types – serial murderers, mass murderers, and spree murderers. The classification criteria relates to the number of victims killed, the number of events over which the killings took place, the number of locations involved in the crime series, and whether a “cooling-off” period is present between the crime events.  Serial murder refers to the killing of two or more victims, in separate events, in separate locations, with a cooling-off period between the murderers (i.e., an inactive time interval between the murders).  Mass murderers kill multiple victims in one event at one location. Given that the murders take place at one time in a single location, a cooling-off period is not relevant.  Spree murderers usually have killed two or more victims, in one continuous “event”, at two or more locations, with no cooling-off period between the murders. 

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

15–4

Serial Murder  Debate exists over how to define serial killing, and the number of victims and motivation required for this classification.  Common characteristics of serial murderers include the following: most are male, most operate on their own, most in the United States are Caucasian (51.7% Caucasian, 40.6% black), the motivation most often reported is enjoyment, shooting is the most common method, and victims of serial murderers are usually young white females who are not related to the murderer (Aamodt, 2015).  Female serial murderers are usually classified as “black widows” (kill for financial gain) or “angels of death” (nurses who kill their patients). Differences between male and female serial murderers (see Table 15.2) include the following: females tend not to have a prior criminal history, about 50% of females have an accomplice, females are more likely to use poison and to kill for money, females are more likely to kill family members, and females are more likely to be less geographically mobile when committing their crimes (Hickey, 2006).  Four major types of serial murders have been proposed by Holmes and Holmes (1998): 1) Visionary serial murderer: kills in response to voices or visions telling him or her to kill; 2) Mission-oriented serial murderer: targets a group that he or she considers to be “undesirable”; 3) Hedonistic serial murderers: motivated by selfgratification. These killers are divided into subtypes based on the motivation for killing: (a) lust serial murderer, (b) thrill murderer, and (c) comfort serial murderer; and 4) Power/control serial murderer: motivated not by sexual gratification but by wanting to have absolute dominance over the victim.  The above typology has been criticized for the considerable overlap between the categories and because the developers have failed to test it empirically. Canter and Wentink (2004) tested the typology and did not find support for it.  An alternative typology proposed by Keppel and Walter (1999) places serial murderers into two groups that reflect the theme of power (power-assertive and power-reassurance) and two groups that reflect the theme of anger (anger-retaliation and anger-excitation).  Research has failed to confirm the validity of either of these classification systems (Bennell, Bloomfield, Emeno, & Musolino, 2013; Canter & Wentink, 2004).

Mass Murderers  Mass murder is the killing of four or more victims at a single location during one event with no cooling-off period.  School shootings are the most well-known examples of this type of murder. Cases in the United States include Columbine, Virginia Tech, and Newtown. In Canada, examples include Centennial Secondary School, Dawson College, and École Polytechnique. The latter is an example of Canada’s deadliest mass murder (see Box 15.4).  Usually mass murder occurs in public locations, but in the case of family mass murder, three or more family members are killed, usually by another family member. It also can occur when a specific person is targeted but others are killed in the process (i.e., bombing).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology



15–5

Mass murderers are often depressed, angry, and frustrated individuals described as being socially isolated and lacking in interpersonal skills (Fox & Levin, 2012). In most cases, these offenders select targets that represent who they hate or blame for their problems. They come to regard suicide and homicide as justified acts of revenge.

Theories of Homicidal Aggression  Many theories have been proposed to explain homicidal aggression, including the motivational model, trauma-control model, and general aggression models. Three theories have been particularly influential in forensic psychology.  According to social learning theorists (e.g., Akers, 1973), aggressive behaviour is learned in the same way non-aggressive behaviour is, through a process of reinforcement. This reinforcement can be experienced directly or vicariously, as a result of observing others being reinforced for aggressive behaviour. Particularly important sources that can influence behaviour include the family circle, peer groups, and the mass media.  Evolutionary theories view aggressive behaviour as potentially adaptive, developed as a means for people to survive and pass on their genes in their ancestral environment (Daly & Wilson, 1988). According to this theory, homicide may have developed as a way to best competitors who were competing for limited resources (Buss & Shackelford, 1997).  The General Aggression Model (Anderson & Bush, 2002) indicates how person (e.g., traits, attitudes, genetic predispositions) and situation (e.g., incentives, provocation, frustration) factors influence cognitions (e.g., hostile thoughts), emotions (e.g., anger), and arousal, to produce behavioural outcomes through a variety of appraisal and decision processes (see Figure 15.2).

Treatment of Homicidal Offenders  The treatment of homicidal offenders has not received much attention.  Typical treatment goals in violent offender treatment programs include: anger and emotions management, self-regulation, problem solving, interpersonal skills, and social attitudes (e.g., beliefs supporting violence).  A recent meta-analysis (Jolliffe & Farrington, 2007) indicates that some treatment programs can reduce re-offending amongst violent offenders, but this result depends on a range of factors (e.g., what the treatment program targeted, how the treatment program was delivered).

SUGGESTED LECTURE ACTIVITIES Nature and Extent of Homicidal Violence  Construct a true/false quiz containing various facts associated with homicidal offenders in Canada and then address these with the class.  Describe several recent homicides. Ask the class to identify the motives underlying each of the homicides (reactive/instrumental) and the type and length of sentence the perpetrator should receive.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

15–6

Filicide: When Parents Kill  Locate a video or online resource on post-partum psychosis and filicide. Have the class discuss cases related to this and why they think these mothers engage in homicide. Have them discuss other circumstances in which they think parents suffering from mental illness (mothers and fathers) might engage in filicide.

Youth Who Kill Divide the class into groups and have them find a case of youth homicide. Each group should present these to the class. Discuss mitigating and aggravating factors associated with these crimes, and whether the youth should be sentenced as an adult.

Why or why not?  Break the class into small groups and ask them to design a treatment program focused on youth homicide offenders. Can they be rehabilitated? What might be the most important factors to focus on? How should treatment differ from adult violent offenders? 

Spousal Killers  Present one case of uroxicide, and one of mariticide. Ask the class to correctly classify these types of homicides and ask what perpetrator and offence characteristics fit with the research on these forms of homicide.  Divide the class into two groups: one that will take the stance that battered person syndrome should be used as a defence for murder, and the other that it is not acceptable to “excuse” murder. Have them debate both sides.

Mass and Serial Murder  Divide the class into groups. Ask each group to develop a rough outline of a study that will attempt to validate the Holmes and Holmes (1998) typology of serial murderers.  Divide the class into groups. Have each one locate a case example of mass murder (i.e., a different school shooting or bombing). Ask each group to present their case to the class and discuss how each case fits with the characteristics of mass murder (including the traits of the killer/killers).  Present one case of mass murder/school shooting. Discuss how the general aggression model can be used to explain and interpret the actions and characteristics of the perpetrator(s).

SUGGESTED READINGS Bennell, C., Bloomfield, S., Emeno, K., & Musolino, E. (2013). Classifying serial sexual murder/murderers: An attempt to validate Keppel and Walter’s (1999) model.

Criminal Justice and Behavior, 40, 5-25.

Chan, H. C. O., & Frei, A. (2013). Female sexual homicide offenders: An examination of an underresearched offender population. Homicide Studies, 17, 96-118.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

15–7

Daly, M., & Wilson, M. (1997). Evolutionary social psychology and family homicide. In S. Baron-Cohen (Ed.), The maladapted mind: Classic readings in evolutionary psychopathology (pp. 115-132). East Sussex, UK: Psychology Press.

Grann, M., & Wedin, I. (2002). Risk factors for recidivism among spousal assault and spousal homicide offenders. Psychology, Crime & Law, 8, 5-23.

Hickey, E. W. (2006). Serial murderers and their victims. Belmont, CA: Thomson.

Muftic, L. R., & Hunt, D. E. (2012). Victim precipitation: Further understanding the linkage between victimization and offending in homicide. Homicide Studies, 17, 239-254.

Sewall, L. A., Krupp, D. B., & Lalumiere, M. L. (2013). A test of two typologies of sexual homicide. Sexual Abuse, 25, 82-100.

Smith, M. D., & Zahn, M. A. (Eds). (1999). Homicide: A sourcebook of social research.

Thousand Oaks, CA: Sage Publications.

Tapscott, J. L., Hancock, M., & Hoaken, P. N. S. (2012). Severity and frequency of reactive and instrumental violent offending: Divergent validity of subtypes of violence in an adult forensic sample. Criminal Justice and Behavior, 39, 202-219.

Woodworth, M., Agar, A. D., & Coupland, R. B. A. (2013). Characteristics of Canadian youth-perpetrated homicides. Criminal Justice and Behavior.

SUGGESTED ONLINE VIDEO RESOURCES 1) Dr. Martin Daly – Risk-taking, Inequality, and Homicide (McMaster UTV, 2009). Part of the Discover Psychology series presented by McMaster University, Dr. Daly discusses the characteristics and features of homicides (46:05).

Available on YouTube 2) Homicide Rates in Canada up 7% (The National, 2012). The number of homicides in Canada rose to 598 in 2011, 44 more than the previous year, marking the first increase in three years, according to data released Tuesday (3:06).

Available on cbc.ca 3) Child Suspect in 6-Year-Old’s Death Can’t Be Held Criminally Responsible (Global National, 2013). This news clip covers the beating death of 6-year-old Lee Bonneau by another child under the age of 12 (2:30).

Available on globalnews.ca 4) Winkler Spousal Abuse Murder (Catherine Crier Live, 2010). Dr. Alan J. Lipman with Catherine Crier. Dr. Lipman gives expert commentary on the Mary Winkler spousal murder case. Lipman describes how Winkler was accused of spousal murder, shooting

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

15–8

her husband, a preacher. Lipman explains the psychology of Winkler's spousal murder defense, that her husband had been physically, verbally, and sexually abusive, and that she was a battered spouse/wife (7:39).

Available on YouTube 5) Supreme Court Accepts Battered Wife Syndrome Defence (1990). Angelique Lavallee's murder acquittal establishes a Canadian precedent (3:14).

Available on cbc.ca 6) A Mother’s Madness: Andrea Yates (Mugshot Productions, 2013). Andrea Yates mother who drowned her 5 children in the bathtub (44:56).

Available on YouTube 7) Cross-Cultural Comparisons of Mass Murder in the U.S. and Canada (2013). A comparison of violence prevalence and gun ownership in the United States and Canada.

Dr. Kim Mac Innis provides a reflection on Sandy Hook: Guns, Violence, and U.S. Culture (17:43).

Available on YouTube 9) Top 10 Deadliest Women (IDTV, 2013). FBI Profiler Candice DeLong counts down the “10 Deadliest Women” featured on the show in seasons 2 to 4 as determined by viewer votes on investigationdiscovery.com (1:29:04).

Available on investigationdiscovery.com

SUMMARY OF COURT CASES Texas v. Yates (2002) Facts:  In 2002, Andrea Yates was convicted of first-degree murder for drowning her five children.  According to her defence attorney and mental health professionals, Yates was also suffering from postpartum psychosis, believing she had murdered her children to save them from Satan.  Her conviction was overturned in 2005, due to false testimony given by a psychiatrist representing the prosecution.  In 2006, Yates was found not guilty by reason of insanity and committed to a state mental hospital.

Summary: This case exemplifies the potential lethality of postpartum depression and psychosis. On June 20, 2001, after her husband left for work, Andrea Yates drowned each of her five children in a bathtub at their home. After the births of her fourth and fifth children, Yates had been diagnosed with severe postpartum depression, was hospitalized and given medication. During her 2002 trial, it was decided that Yates was able to discern right from wrong at the time of the crime, causing the jury to reject her insanity defense, finding her guilty of capital murder. Although the prosecution sought the death penalty, the jury opted for life imprisonment with eligibility for parole in the year 2041. In 2005,

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

15–9

however, Dr. Park Dietz, a psychiatrist and witness for the prosecution, admitted to giving false testimony that may have biased the verdict, thus prompting a new trial. On July 26th, 2006, Yates was found not guilty by reason of insanity and was admitted to a Texas State mental health treatment facility.

The Case of Jasmine Richardson (2007) Facts:  Jasmine Richardson, 12-years-old at the time, was arrested for the April 23rd, 2006 murders of her father, mother, and younger brother (eight-years-old)  She was charged with three counts of first-degree murder along with her 23-yearold boyfriend Jeremy Steinke  Richardson had pleaded not guilty, but evidence on her and Steinke’s internet profiles and correspondence since their arrests led to a conviction on all three counts  A mutual friend, Kate Lancaster, had picked them up and driven them after the murder to help hide evidence and was convicted as an accessory but plea bargained to an obstruction charge and was sentenced to one-year house arrest.  Richardson was given the maximum 10-year sentence possible under the Youth Criminal Justice Act  Richardson is the youngest offender to ever be charged with multiple murder in Canada Summary: Richardson planned the murder of her family after her parents forbade her from seeing her boyfriend, the much older Steinke. The mother, Debra, had been stabbed 12 times.

The father, Marc, had been stabbed 24 times. Steinke confessed to stabbing the parents while Richardson later confessed to stabbing her younger brother once in the chest after Steinke urged her to, and then Steinke slit the throat of the 8-year-old boy. Although both had pled not guilty, evidence of their correspondence before and after the murders pointed to their guilt and both were convicted of three counts of first-degree murder.

Steinke, an adult, was sentenced to life imprisonment (25 years) without the possibility of parole for each murder, sentences to be served concurrently. Richardson however, had to be tried under the Youth Criminal Justice act due to her age at the time of the murders (12). If under the age of 14, a youth cannot be charged as an adult. Upon the finding of guilt, she was sentenced to the maximum possible of 10 years, half of which was to be served in a group home under community supervision.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

A–1

APPENDIX Revel Shared Writing Questions: Sample Responses and Feedback 1: An Introduction to Forensic Psychology  Consider whether you thought the evidence the witness plans to introduce is relevant in that it makes a fact at issue in the case more or less likely.  Consider whether the evidence is necessary for assisting the court in understanding the case (i.e., the evidence goes beyond the common understanding of the jury).  Consider whether the evidence violates any rules of exclusion, such as whether the prejudicial effect of the evidence (the likelihood it might bias the jury) exceeds the value of the evidence.  Consider whether the witness is an expert based on their knowledge, training, and experience.

2: Police Psychology  Consider strategies that you have found useful for decreasing conflict or tension (e.g., clear communication, active listening, developing rapport, managing your emotions).  Consider the RCMP’s IMIM that was previously discussed and the various use-of-force options that are included in that model.  Consider the behaviours you are observing, environmental factors, tactical considerations, and your own abilities, and think about how those things might inform your risk assessment to help you determine if force is necessary and, if so, how much.

3: The Psychology of Police Investigations As a police officer working on this case, what approach would you suggest be taken when interrogating Jim? What should be the primary goals of the interrogation?  Based on available research, a non-coercive interrogation approach would be useful; you could still likely get a confession from Jim if he actually committed the crime while ensuring that the confession would be deemed admissible in court.  Rather than worrying too much about getting a confession, you might want to prioritize getting detailed and accurate information from Jim (part of the accurate information you extract might be a confession).

What would you be concerned with when developing the interrogation strategy? Would you be worried about Jim possibly confessing to the crime even if he didn’t commit it? Why or why not?  Of course, you will want to make sure you can get a confession from Jim if he is in fact the offender, but you will want to be careful in extracting a confession given how Jim is presenting.  Certain things would likely make you worried about Jim giving inaccurate information in his interrogation, including his anxious and confused state, his potential learning disability, and his problems with the English language.  Many of the things Jim is presenting represent vulnerability factors, which could increase his chance of providing a false confession; you might be particularly worried

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

A–2

about a coerced-internalized false confession if Jim seems highly suggestible.

If you think a false confession is a possibility, what could you do to prevent this from happening?  You would likely want to be careful about using any coercive interrogation tactics, especially suggestive questioning techniques.  You would also want to make sure Jim can actually understand what is being asked of him in his interrogation and that he comprehends what you mean when reading him his rights.

4: Deception What are the clues that Jason might be malingering a mental disorder?

1) There is an understandable motive for committing the sexual assault 2) Suspicious delusions 3) Discrepancies in interview as compared to his behaviour in the jail 4) Absence of any subtle signs of psychosis Which malingering tests would you use?  The most extensively studied measure of malingering is the Structured Interview of Reported Symptoms. This would be the optimal measure to use.

Whom else might you want to interview to help your assessment?  It would be helpful to interview people who know Jason. For example, his relatives, friends, or intimate partner (if he has one). You would want to know when Jason started to exhibit psychotic symptoms (was it leading up to the crime or after he got caught?).  You could also interview the victim. The victim may be able to provide information on Jason’s verbal and nonverbal behaviour during the alleged crime.

5: Eyewitness Testimony What factors do you think influenced Kenji’s identification? ● The incident occurred outside at night (he may not have had best view of culprit). ● He had several drinks. ● The culprit was not the same race as himself (cross-race effect). ● The culprit had a knife (weapons focus effect). ● He was quite shaken. ● Police gave biased instructions when they asked Kenji to “identify the robber.” ● Eyewitnesses are more prone to false identification when presented with a simultaneous lineup (compared to a sequential lineup). ● He was presented with a biased lineup because the suspect’s photo was taken outside the bank (and the others were likely mugshots against a neutral background).

Should his identification be admissible in court? ● No, because of the biased lineup instructions, the biased lineup composition, and the feedback from the police after the identification (i.e., congratulating him for picking out the robber, thus inflating eyewitness confidence).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

A–3

What recommendations would you make to police for future identifications? ● Present lineup sequentially ● Ensure lineup is fair (suspect does not unduly stand out from other lineup members) ● Use a double-blind procedure Factors appropriate to consider: ● Biased lineup presentation ● Biased lineup instructions Factors inappropriate to consider:  Being shaken  Being presented a simultaneous lineup 6: Child Victims and Witnesses What would you do if you were Caitlin’s mother or father?  I would have asked Caitlin why her bottom was red in an open-ended manner.  When she stopped crying, I would ask again why it was red or what happened to make her bottom red (I would not ask if all the children got hit, as this is a leading question).  I would then likely contact authorities so that they could get in touch with the other parents. I would not want the other parents questioning their children because they may ask questions in a leading or suggestive manner.

How should children be interviewed to increase the likelihood of reporting reliable information?  Children should be asked questions using a free narrative approach.  If they provide little informative using free recall, they should then be questioned in an open-ended manner using nonleading, direct questions.  Children should not be given feedback (positive or negative) regarding their responses to the questions asked.

7: Juries: Fact Finders As a general rule, a victim’s sexual history should not be admissible in court. Canadian law has permitted some opportunity for the defence to argue how a victim’s sexual history is relevant. In the case, Kerri’s sexual history is irrelevant to whether she was sexually assaulted.

8: The Role of Mental Illness in Court Jack is showing signs of psychosis, including paranoia and delusions of grandeur. And although psychosis is not sufficient to conclude unfitness, he is also demonstrating that he cannot communicate with counsel and he does not understand the nature or object of the proceedings (his lawyer said he has no understanding of what he is being charged with).

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

A–4

9: Sentencing and Parole in Canada If you were the judge presiding over this case, what sort of sentence do you feel Steve should receive?  Consider the various sentencing options that were presented in the chapter (e.g., discharges, reparation, fines, community service, conditional sentence, imprisonment).

What factors would you consider when determining an appropriate sentence and why?  Consider the sentencing principles that were presented in the chapter, including the severity of the offence, the degree of responsibility of the offender, and any aggravating or mitigating factors.

How might a reliance on these factors potentially lead to sentencing disparity (e.g., you handing down a sentence that might differ from the sentence handed down by another judge hearing a similar case)?

Consider how your views on crime severity, offender rehabilitation, and the role of punishment in the criminal justice system influenced your previous answers, and how your personality, experiences, and how you see the world impact these views.

10: Risk Assessment Risk factors:  Failure on probation  Prior history of criminal offending  Institutional misconduct  Antisocial attitudes  Psychopathic traits  Poor school history  Antisocial peers  Poor employment history  Poor anger management  Lack of compliance with treatment  Poor impulse control  Plans lack feasibility (i.e., wanting to move in with prior assault victim) Protective factors:  Supportive mother  Recent expressed interest in intervention Likelihood of nonviolent crime:  High likelihood of nonviolent crime Likelihood of violent crime:  High likelihood of violent crime Risk-assessment instrument:  Hare Psychopathy Checklist-Revised  HCR-20

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

A–5

11: Psychopaths What sample will you use, and how will you measure psychopathic traits? There are several different samples, and the sample that you select would vary on how prevalent psychopathic traits are. For example, you might decide to study incarcerated adult offenders or forensic psychiatric patients and use the Hare Psychopathy Checklist-Revised to measure psychopathic traits. Alternatively, you could assess psychopathic traits in a community sample and use a self-report psychopathy measure.

What emotional task will you use? You might decide to have your participants view photos or watch a video that varies in emotional content. If you are doing a lab study, you could have them interact with someone or to do an experimental task designed to elicit different emotions. You may wish to try eliciting several different negative emotions such as fear, anger, or sadness and a positive emotion such as happiness.

How to measure the emotions? You could ask your participants how they are feeling and to indicate the strength of their feelings. You could also measure their physiological responses such as heart rate, pupil dilation, or electrodermal response. If you had sufficient funds, you could have them complete your task while measuring their fMRI responses. Another option would be to videotape them and have an observer code their facial expressions.

12: Assessment and Treatment of Young Offenders  The police could either place Jimmy in the criminal justice system or use extrajudicial measures. Jimmy is only 14 years old, so it may still be possible to prevent future criminal behaviour.  If possible, extrajudicial measures should be used.

13: Intimate Partner Violence What type of male batterer was Stafford?  Generally violent/antisocial batterer Why did Hurshman-Corkum stay in the relationship?  Police and community members knew how violent Stafford was, and HurshmanCorkum may have felt that they could not protect her.  She feared that Stafford would kill her, her sons, and family members if she left.  She felt she had nowhere to go and no one to help her.  In 1982 there were not many resources for abused women, especially in rural parts of the country.

What triggered the homicide?  Stafford told her he planned to set fire to his neighbour’s trailer and threatened to hurt her older son.

Copyright © 2022 Pearson Canada Inc.

Instructor’s Manual for Forensic Psychology

A–6

14: Sexual Offenders  Cognitive distortions: Larry needs to understand the range of cognitive distortions he has that helps to justify his child abuse.  Minimizations: Larry needs to take responsibility for the abuse and to stop blaming the victims.  Empathy: Larry appears to have limited empathy for his victims and needs to understand the emotional damage he has caused them and the long-term problems his victims are likely to encounter.  Deviant sexual interests: Larry is attracted to young girls, and he should be tested using penile phallometry to measure deviant sexual interests. If he does show sexual arousal to young girls, he should undergo treatment to reduce this sexual arousal.  Relapse prevention: Larry needs to learn to identify what risk factors lead to sexual abuse and to develop ways to avoid or cope with these risk factors.

15: Homicidal Offenders As an experimental forensic psychologist who is interested in understanding the causes of homicidal behaviour, and aggression more generally, how might you explain Bob’s aggressive behaviour?  Consider how you might apply social learning theory to Bob’s behaviour (e.g., think about whether Bob might have been rewarded for aggressive behaviour in the past, or how vicarious learning through his family circle, peer group, or the mass media may have shaped his behaviour).  Consider how you might apply evolutionary thinking to Bob’s behaviour (e.g., how an ancestral history of recurring challenges or conflicts may have shaped his behaviour).

Using the general aggression model proposed by Anderson and Bushman (2002), describe some relevant inputs, internal states, and behavioural outcomes that might explain Bob’s behaviour.  Inputs can be person factors (e.g., attitudes) or situation factors (e.g., provocation).  Internal states can be affect (e.g., anger), cognitions (e.g., hostile thoughts), or arousal.  Behavioural outcomes can represent automatic, impulsive actions or controlled, purposeful thoughts.

Copyright © 2022 Pearson Canada Inc.

Forensic Psychology Sixth Edition

Chapter 1 An Introduction to Forensic Psychology

Copyright © 2022 Pearson Canada Inc. 1-1

Learning Objectives 1. Identify major milestones in the history of forensic psychology 2. Explain the roles and activities performed by forensic psychologists 3. Describe the function of expert testimony and how it is assessed

Copyright © 2022 Pearson Canada Inc. 1-2

LO1: History of Forensic Psychology • Early research in forensic psychology • Early court cases in Europe • Forensic psychology in North America • Landmark U.S. court cases • Progress in Canada • A legitimate field of psychology

Copyright © 2022 Pearson Canada Inc. 1-3

Early Research in Forensic Psychology • Cattell (1895) – The accuracy of everyday observations – Relationship between confidence and accuracy • Binet (1900) – Suggestibility in children – Free recall vs. misleading questions • Stern (1939) – The eyewitness ‘reality experiment’ conducted in 1901 – Emotional arousal and accuracy

Copyright © 2022 Pearson Canada Inc. 1-4

Early Court Cases in Europe • Von Schrenck-Notzing (1896) – Expert witness: Impact of pre-trial press – “Retroactive memory falsification” (observed vs. heard later) • Varendonck (1911) – Expert witness: Children as eyewitnesses – Children provide inaccurate testimony if suggestive questions used

Copyright © 2022 Pearson Canada Inc. 1-5

Forensic Psychology in North America (1 of 2) • Munsterberg – Provided input into police interrogations in several cases – Published classic book On the Witness Stand (1908) – Argued for the benefits of psychology within the legal system ▪ Eyewitness testimony, crime detection, false confessions, suggestibility, hypnotism, crime prevention, etc.

– Ideas largely rejected and ignored by the legal community – Known as “the father of forensic psychology” Copyright © 2022 Pearson Canada Inc. 1-6

Forensic Psychology in North America (2 of 2) • Psychology within criminal justice settings: – Clinic for juvenile delinquents (1909) – Laboratories for pretrial assessments (1916) – Psychological testing for law enforcement selection (1917)

Copyright © 2022 Pearson Canada Inc. 1-7

Landmark U.S. Court Cases (1 of 2) • State v. Driver (1921) – First time expert testimony is provided by a psychologist – Partial victory as psychologist’s testimony rejected – Use of psychological and medical tests in detecting lies questioned

Copyright © 2022 Pearson Canada Inc. 1-8

Landmark U.S. Court Cases (2 of 2) • Jenkins v. United States (1962) – Three psychologists claim defendant suffering from schizophrenia – Jury instructed to disregard testimony during trial – Reversed on appeal; court rules some psychologists are qualified to give expert testimony on mental disorders – Psychologists now regularly contribute to legal proceedings

Copyright © 2022 Pearson Canada Inc. 1-9

Progress in Canada • Research on eyewitness testimony and jury decision making • Leader in the field of corrections: Risk assessment and treatment • Canadian courts slower to allow testimony from psychologists – Rely primarily on medical doctors (psychiatrists) – Partially explained by different licensing standards vs. the U.S.

Copyright © 2022 Pearson Canada Inc. 1 - 10

A Legitimate Field of Psychology • Evidence of an established discipline – High quality textbooks – Academic journals – Professional associations – Training opportunities – Recognized as a specialty discipline by the APA (2001)

Copyright © 2022 Pearson Canada Inc. 1 - 11

LO2: Definition and Roles • Definitions of forensic psychology • Roles of forensic psychologists • Forensic Psychologist as Clinician • Forensic Psychologist as Researcher • Forensic Psychologist as Legal Scholar • Relationships between psychology and law

Copyright © 2022 Pearson Canada Inc. 1 - 12

Definitions of Forensic Psychology • Two primary ways of defining forensic psychology – Narrow definition ▪ Focus on the clinical aspect of the field (assessment, treatment) ▪ Excludes other aspects (e.g., forensic researchers) – Broad definition ▪ Human behaviour in relation to the legal system ▪ Includes both research and practice aspects • Textbook adopts a broad definition

Copyright © 2022 Pearson Canada Inc. 1 - 13

Roles of a Forensic Psychologist • Clinician • Researcher • Legal Scholar

Copyright © 2022 Pearson Canada Inc. 1 - 14

Forensic Psychologist as Clinician • Concerned with mental health issues in the legal system • Tasks can include – Assessment and treatment of offenders – Custody mediations – Providing expert testimony – Personnel selection – Critical incident debriefings • Must be licensed clinical psychologist with forensic specialization

Copyright © 2022 Pearson Canada Inc. 1 - 15

Forensic Psychologist as Researcher • Conduct research on any issue related to the legal system • Research interests can include: – Examining effectiveness of risk assessment strategies – Developing and testing ways eyewitness lineup procedures – Evaluating offender treatment programs – Factors that influence juror decision-making • PhD-level training in a forensic program or forensic specialization

Copyright © 2022 Pearson Canada Inc. 1 - 16

Forensic Psychologist as Legal Scholar • The least common role for forensic psychologists • Interests can include – Scholarly analysis of mental health law and legal movements – Policy analysis and legislative consultation • Programs at Simon Fraser University

Copyright © 2022 Pearson Canada Inc. 1 - 17

Relationships Between Psychology and Law • Psychology and the law – Using psychology to study the operation of the legal system – Testing assumptions: E.g., “Are eyewitnesses accurate” • Psychology in the law – Using psychology within the legal system as it currently operates – e.g., Providing expert testimony in court • Psychology of the law – The use of psychology to study the law itself – e.g., “Does a law reduce the occurrence of a crime?”

Copyright © 2022 Pearson Canada Inc. 1 - 18

LO3: Psychological Experts in Court • Functions of an expert witness • Challenges of providing expert testimony • Admissibility Criteria: Frye • Admissibility Criteria: Daubert • Admissibility Criteria: Mohan

Copyright © 2022 Pearson Canada Inc. 1 - 19

Functions of an Expert Witness • Regular witnesses: only testify about direct observations • Expert witness: provide opinion based on relevant experience • Primary function: Assist triers of fact (e.g., judges, jurors) – Impartial educator

Copyright © 2022 Pearson Canada Inc. 1 - 20

Challenges of Providing Expert Testimony (1 of 2) • Experts need to know: – Details of the case and their own testimony – Their role in the proceedings – How to communicate in persuasive and helpful manner • Challenging because of differences between psychology and law

Copyright © 2022 Pearson Canada Inc. 1 - 21

Challenges of Providing Expert Testimony (2 of 2) • Many differences between Psychology and Law: • Epistemology (Objective vs. Subjective) • Nature (Descriptive vs. Prescriptive) • Knowledge (Nomothetic vs. Idiographic) • Methodology (Experimental vs. Narrative) • Criterion (Cautious vs. Expedient) • Principles (Multiple Explanations vs. Single Explanation) • Latitude of Behaviour (Limited vs. Expansive) • Difficult to apply group level results to single case

Copyright © 2022 Pearson Canada Inc. 1 - 22

Admissibility Criteria: Frye • Frye v. United States (1923) – Resulted in the “general acceptance test” – Procedures used generally accepted in the scientific community • Two major criticisms – Vagueness of terms “general acceptance” – Whether trial judges can make this determination

Copyright © 2022 Pearson Canada Inc. 1 - 23

Admissibility Criteria: Daubert • Daubert v. Merrell Dow, Inc. (1993) • Testimony is admissible if it is: 1. Provided by a qualified expert, 2. Relevant, and 3. Reliable.

• Daubert criteria for reliability means that the research must: – Be peer reviewed – Be testable (falsifiable through experimentation) – Have a recognized error rate – Adhere to professional standards Copyright © 2022 Pearson Canada Inc. 1 - 24

Admissibility Criteria: Mohan • R v. Mohan (1994) – Canadian criteria for admissibility of expert testimony • Mohan criteria states that, along with reliability, the testimony: – Must be relevant to the case – Must be necessary to assist the trier of fact – Must not violate any rules of exclusion – Must be provided by a qualified expert

Copyright © 2022 Pearson Canada Inc. 1 - 25

Forensic Psychology Sixth Edition

Chapter 2 Police Psychology

Copyright © 2022 Pearson Canada Inc. 2-1

Learning Objectives 1. Outline the major steps in developing valid police selection procedures 2. Describe the various police selection instruments 3. List some key decisions that require the use of discretion 4. Outline the major causes and consequences of police stress 5. Describe various strategies for dealing with police stress

Copyright © 2022 Pearson Canada Inc. 2-2

LO1: Police Selection • Police selection: Process • Brief History of Police Selection • Developing Police Selection Instruments • Job Analysis: Process • Job Analysis: Problems • Construction and Validation: Process • Construction and Validation: Problems

Copyright © 2022 Pearson Canada Inc. 2-3

Police Selection: Process • Policing is a complex, demanding, and stressful occupation • Requires intelligence, patience, creativity, and ethicality • Police agencies need process to select police officers – Screen out those with undesirable qualities – Select in those with desirable qualities – Physical fitness, cognitive abilities, personality, etc.

Copyright © 2022 Pearson Canada Inc. 2-4

Brief History of Police Selection • Selection procedures used since the early 1900s – 1917: Intelligence tests – 1950s: Personality tests – 1950s-60s: Psychological/psychiatric screening becomes standard • Selection procedures used today – Background checks – Medical exams – Personality assessments – Cognitive ability tests – Selection interview – Agency-specific requirements (e.g., polygraph) Copyright © 2022 Pearson Canada Inc. 2-5

Developing Police Selection Instruments • Two stages in developing police selection instruments – Job analysis – Construction and validation

Copyright © 2022 Pearson Canada Inc. 2-6

Job Analysis: Process • The goal is to define what “KSAs” make a good police officer – Knowledge, Skills, & Abilities • Often done with assistance of an organizational psychologist • Can conduct a job analysis using – Survey methods – Observational techniques – Interviews with staff

Copyright © 2022 Pearson Canada Inc. 2-7

Job Analysis: Problems • Conducting a job analysis is a complex task: – Importance of KSAs not stable over time – Different KSAs for different jobs – Disagreement over important KSAs • Core KSAs that are commonly agreed upon include: – Honesty – Reliability – Sensitivity to others – Communication skills – Problem-solving skills

Copyright © 2022 Pearson Canada Inc. 2-8

Construction and Validation: Process • The goal of the second stage is to: – Develop an instrument to measure KSAs (construction) – Ensure it relates to measures of performance (validation) • Most important measure in this context is predictive validity – Do instrument scores predict on-job performance?

• Calculate validity coefficients – +1.00: Strong positive relationship – 0.00: No relationship – −1.00: Strong negative relationship

Copyright © 2022 Pearson Canada Inc. 2-9

Construction and Validation: Problems • Many options for measuring performance: – Punctuality – Complaints – Commendations – Academy performance • Different performance measures provide different results – e.g., Peer vs. supervisor ratings – often contradict • No clear answer on best measures to use

Copyright © 2022 Pearson Canada Inc. 2 - 10

LO2: Validity of Police Selection Instruments • Selection Interviews • Psychological Tests: Cognitive Ability • Psychological Tests: Personality • Minnesota Multiphasic Personality Inventory (MMPI) • Inwald Personality Inventory (IPI) • Assessment Centres

Copyright © 2022 Pearson Canada Inc. 2 - 11

Selection Interviews • One of the most common procedures used in selection process • Most common are semi-structured interview – Preset list of questions asked to all interviewees – Goal is to determine if the applicant possesses relevant KSAs • Research examining predictive validity is mixed – Highly structured interviews lead to better prediction – More research on the validity of selection interviews is needed

Copyright © 2022 Pearson Canada Inc. 2 - 12

Psychological Tests: Cognitive Ability • Cognitive ability tests are used to assess – Verbal – Mathematical – Memory – Reasoning abilities • Some support for predictive validity of cognitive tests – Higher relationship for training than for job performance

Copyright © 2022 Pearson Canada Inc. 2 - 13

Psychological Tests: Personality • Two of the most used personality tests for police selection – Minnesota Multiphasic Personality Inventory (MMPI) – Inwald Personality Inventory (IPI)

Copyright © 2022 Pearson Canada Inc. 2 - 14

Minnesota Multiphasic Personality Inventory (M MP I) • Most common personality test used for selection – MMPI-2: 567 True/False questions • Originally developed to identify psychopathological problems – Depression, paranoia, schizophrenia, etc.

• Has significant but low predictive validity scores – Effective at predicting future problematic behaviours – May be useful for screening out unsuitable police candidates

Copyright © 2022 Pearson Canada Inc. 2 - 15

Inwald Personality Inventory (IPI) • The IPI was developed specifically for police selection – 310 True/False questions • Measures personality traits and behaviour patterns relevant to policing – Stress reactions, interpersonal interactions, alcohol use, etc.

• IPI is slightly more predictive than the MMPI

Copyright © 2022 Pearson Canada Inc. 2 - 16

Assessment Centres • A facility where the behaviour of applicants is observed by experts • Primary selection instrument used is the situational test – Real-world simulations of policing tasks • Significant, but low to moderate validity scores

Copyright © 2022 Pearson Canada Inc. 2 - 17

LO3: Police Discretion • Police Discretion: Definition • Importance of Police Discretion • Problems with Police Discretion • Areas Where Police Discretion is Used • Individuals with Mental Illnesses • Use of Force Situations • Controlling police discretion • RCMP’s Use-of-Force Model

Copyright © 2022 Pearson Canada Inc. 2 - 18

Police Discretion: Definition • Freedom an officer has in deciding when and how to enforce the law • Discretion is required in a wide range of police tasks – e.g., ticketing, use of force, arrest decisions • Difficult to have specific laws/guidelines for every situation

Copyright © 2022 Pearson Canada Inc. 2 - 19

Importance of Police Discretion • Police discretion is required because: – Some laws are vague and were not intended to be fully enforced – Many laws violations are minor in nature (e.g., slight speeding) – Full enforcement would alienate the public – Full enforcement would overwhelm the criminal justice system – Full enforcement would deplete limited police resources

Copyright © 2022 Pearson Canada Inc. 2 - 20

Problems with Police Discretion • Society must deal with consequences of allowing discretion • Racial profiling one example of inappropriate use of police discretion – Using race rather than evidence of wrongdoing to initiate action

Copyright © 2022 Pearson Canada Inc. 2 - 21

Areas Where Police Discretion is Used • Youth crime (discussed in Ch. 12) • Domestic violence (discussed in Ch. 13) • Individuals with mental illness • Use of force situations

Copyright © 2022 Pearson Canada Inc. 2 - 22

Individuals with Mental Illnesses • Encounters with mentally ill individuals are common – Increasing due to deinstitutionalization • Police responses typically include: – Informal resolution – Escort to psychiatric facility – Arrest • Lack of mental health support often leads to criminalization

Copyright © 2022 Pearson Canada Inc. 2 - 23

Use of Force Situations • Requires reasonable grounds and only as much as is necessary – Section 25 of the Criminal Code – Wording of legislation vague • Use of force situations are very rare – 0.1% of police-public interactions – Subjects typically male and often intoxicated

Copyright © 2022 Pearson Canada Inc. 2 - 24

Controlling Police Discretion • Departmental policies – Specific guidelines within a given agency • Use-of-Force Models provide guidance with respect to: – Decision making in potential use-of-force situations – Articulating decisions after an incident is over • RCMP’s models instructs officers to consider: – Environmental conditions (lighting, location, etc.)

– Subject’s behaviour (abilities, state of mind, etc.)

– Tactical issues (threat cues, number of subjects present, etc.)

Copyright © 2022 Pearson Canada Inc. 2 - 25

RCMP’s Use-of-Force Model Figure 2.4 The RCMP’s Incident Management/Intervention Model

Copyright © 2022 Pearson Canada Inc. 2 - 26

LO4: Sources and Consequences of Police Stress • Sources of Stress • Consequences of Stress

Copyright © 2022 Pearson Canada Inc. 2 - 27

Sources of Stress • Policing involves high levels of stress for officers and their families • Four primary types of policing-related stress – Organizational (e.g., excessive paperwork) – Occupational (e.g., human suffering) – Criminal Justice (e.g., unfavourable court decisions) – Public (e.g., distorted press reports) • Organizational issues often highest sources of stress

Copyright © 2022 Pearson Canada Inc. 2 - 28

Consequences of Stress • Physical Health Problems – High rates of digestive disorders, cancer, cardiovascular disease, etc.

• Psychological/Personal Problems: – Depression, alcohol abuse, burnout, etc.

– Not all studies support higher rates within policing populations • Job Performance Problems: – Decreased productivity, increased absenteeism, early retirement, etc.

Copyright © 2022 Pearson Canada Inc. 2 - 29

LO5: Strategies for Dealing with Police Stress • Police Stress: Programs • Resiliency Training • Psychological Debriefings

Copyright © 2022 Pearson Canada Inc. 2 - 30

Police Stress: Programs • A variety of stress prevention and management strategies exist – Informal support networks – Physical fitness programs – Professional counseling – Family assistance programs – Critical incident stress debriefings

Copyright © 2022 Pearson Canada Inc. 2 - 31

Resiliency Training • Improving officers’ ability to effectively adapt to stress and adversity • One key is facilitating mental preparedness through: – Education about aspects of extreme stress – Opportunities to practice resilience techniques • Evidence of effectiveness of resiliency training is limited but favourable

Copyright © 2022 Pearson Canada Inc. 2 - 32

Psychological Debriefings • Brief psychologically-oriented intervention after distressing event – Includes social support and venting of emotions – Education about stress responses and coping mechanisms • Mixed findings on efficacy in reducing stress • May be due to differences between studies – Number of sessions – Type of trauma experienced – Type of facilitator

Copyright © 2022 Pearson Canada Inc. 2 - 33

Forensic Psychology Sixth Edition

Chapter 3 The Psychology of Police Investigations

Copyright © 2022 Pearson Canada Inc. 3-1

Learning Objectives 1. Describe and outline 3 problems with the Reid model of interrogation 2. Define the three major types of false confessions 3. Explain why police use criminal profiling and potential problems with it 4. Explain what geographic profiling is and its use in investigations

Copyright © 2022 Pearson Canada Inc. 3-2

LO1: Reid Model of Interrogation • Power of Confession Evidence • The Reid Model of Interrogation: Stages • The Nine Steps of Reid • Minimization and Maximization • Use of the Reid Model • Potential Problems with the Reid Model • Detecting Deception • Procedural Safeguards • Investigator Bias • Interrogations Practices and the Courts • Alternatives to the Reid Model Copyright © 2022 Pearson Canada Inc. 3-3

Power of Confession Evidence • Confession is most potent form of evidence in court – Primary goal of many police interrogations • Interrogators use variety of tactics to generate a confession – Historically physically coercive (e.g., whipping) – Replaced by psychologically coercive (e.g., lying about evidence) • Tactics often viewed as necessary evil convince guilty people to talk

Copyright © 2022 Pearson Canada Inc. 3-4

The Reid Model of Interrogation: Stages • Most used interrogation model in North America • Involves 3 general stages: – Gather evidence – Conduct a non-accusatorial interview to assess deception (guilt) – Conduct an accusatorial interrogation to obtain a confession

Copyright © 2022 Pearson Canada Inc. 3-5

The Nine Steps of Reid The third stage involves 9-step approach to secure a confession 1. Direct statement of belief in the suspect’s guilt 2. Develop and introduce psychological themes 3. Interrupt statements of denial 4. Overcome objections to involvement 5. Procure and retain suspect’s attention 6. Handling the suspect’s passive mood 7. Presenting the alternative question 8. Turn admission into full confession 9. Turning oral into written confession

Copyright © 2022 Pearson Canada Inc. 3-6

Minimization and Maximization • Goal is to reduce anxiety associated with confessing • Techniques can be broken down into two broad categories: – Minimization techniques: ▪ Soft sell tactics that provide moral justification for actions ▪ e.g., blaming the victim – Maximization techniques: ▪ Scare tactics that attempt to intimidate suspects ▪ e.g., Making up or exaggerating evidence

Copyright © 2022 Pearson Canada Inc. 3-7

Use of the Reid Model • Actual interrogations do not always include Reid techniques • Commonly used techniques – Appealing to suspect’s pride with flattery – Minimize the seriousness of the offence – Build rapport with the suspect – Sympathize with the suspect by condemning others • More tactics used led to more confessions • Lack of direct research using real-world data

Copyright © 2022 Pearson Canada Inc. 3-8

Potential Problems with the Reid Model • Two potential problems with the Reid model: – Deception detection – Investigator bias

Copyright © 2022 Pearson Canada Inc. 3-9

Detecting Deception • 9-step process only commences if suspect deemed guilty – Assumes that investigators can detect deception accurately • Little research supports this assumption – Training relatively ineffective • Innocent suspects may undergo guilt-presumptive interrogation

Copyright © 2022 Pearson Canada Inc. 3 - 10

Procedural Safeguards • Legal safeguards exist to protect individuals being interrogated – Right to silence – Right to legal counsel • People often do not understand their legal rights – Both adults and youth • Have complex structure and language

Copyright © 2022 Pearson Canada Inc. 3 - 11

Investigator Bias • Officers enter interrogation believing suspect is guilty – Leads to investigator bias – Seek and interpret information that confirms belief • Leads to more biased interrogations: – Ask more guilt-presumptive questions – Use more interrogation techniques – Judge more suspects as guilty – Exert more pressure on suspects to confess – Observers rate as more coercive

Copyright © 2022 Pearson Canada Inc. 3 - 12

Interrogation Practices and the Courts • Trial judge must decide whether is confession is admissible – Made voluntarily?

– Defendant competent?

• Physical coercion will likely make confession inadmissible • Psychological tactics more difficult to judge

Copyright © 2022 Pearson Canada Inc. 3 - 13

Alternatives to Reid Model • These problems have led some agencies to change – UK has banned many Reid-based tactics • New model known as PEACE – Inquisitorial vs. accusatorial – Same number of confessions before/after change • Implementation of PEACE starting in Canada as well

Copyright © 2022 Pearson Canada Inc. 3 - 14

LO2: False Confessions • False Confessions: Definition and Frequency • Types of False Confessions • Voluntary False Confessions • Coerced-Compliant False Confessions • Coerced-Internalized False Confessions • False Confessions in the Lab • Consequences of False Confessions

Copyright © 2022 Pearson Canada Inc. 3 - 15

False Confessions: Definition and Frequency • Coercive interrogations may also elicit false confessions – Intentionally fabricated – Not based on actual knowledge of the facts • Distinguished from disputed and retracted confessions • Frequency of false confessions is unknown – Common within high-profile wrongful convictions

Copyright © 2022 Pearson Canada Inc. 3 - 16

Types of False Confessions • Three types of false confessions: – Voluntary false confessions – Coerced-compliant false confessions – Coerced-internalized false confessions

Copyright © 2022 Pearson Canada Inc. 3 - 17

Voluntary False Confessions • Occurs without being prompted by the police • Can be the result of: – A desire for notoriety – An inability to distinguish fact from fantasy – A need to be punished – An attempt to protect someone else from harm • Example: The Lindbergh case

Copyright © 2022 Pearson Canada Inc. 3 - 18

Coerced-Compliant False Confessions • Suspect confesses but knows they did not commit the crime – Escape further interrogation – Gain a promised reward • May be most common type of false confession • Example: MJS confession to child abuse

Copyright © 2022 Pearson Canada Inc. 3 - 19

Coerced-Internalized False Confessions • The suspect comes to believe they committed the crime – Occurs as a result of highly suggestive interrogations • Several vulnerability factors: – Substance abuse – Inability to detect observed vs. suggested – Severe aanxiety, confusion, or guilt • Example: The Billy Wayne Cope case

Copyright © 2022 Pearson Canada Inc. 3 - 20

False Confessions in the Lab (1 of 3) • Classic “Alt-key” paradigm: • Participants accused of committing a mock “crime” • Manipulated two factors – Vulnerability: Speed of typing – False evidence: Witness “saw” the forbidden action • Percentage of false confessions recorded – Compliance – Internalization – Confabulation

Copyright © 2022 Pearson Canada Inc. 3 - 21

False Confessions in the Lab (2 of 3) Table 3.1 Compliance, Internalization, and Confabulation in Kassin and Kiechel’s Study

Copyright © 2022 Pearson Canada Inc. 3 - 22

False Confessions in the Lab (3 of 3) • Weaknesses of the “Alt-key” paradigm: – No consequences for confessing – All participants were innocent – May be confused about own guilt • New paradigms confirm original findings • False memories can also be induced easily with suggestive interviews

Copyright © 2022 Pearson Canada Inc. 3 - 23

Consequences of False Confessions • False confessions often lead to convictions – Even when jurors are aware of coercive interrogation • False confessions viewed as evidence of guilt – Difficulty believing innocent person would confess – Unable to distinguish between true and false confessions – True and false confessions often similar in content and structure • False confessions may taint other evidence • Misdirect the overall investigation

Copyright © 2022 Pearson Canada Inc. 3 - 24

LO3: Criminal Profiling • Criminal Profiling: Definition • Goals of Criminal Profiling • Origins of Criminal Profiling • Construction of a Criminal Profile • Organized-Disorganized Model • Investigative Psychology Approaches • Validity of Criminal Profiling • Theoretical Base • Empirical Support for Assumptions • Ambiguous Profiles • Accuracy of Profilers Copyright © 2022 Pearson Canada Inc. 3 - 25

Criminal Profiling: Definition • Difficult to define Criminal Profiling precisely • FBI definition: Technique for identifying the personality and behavioural features of an individual by analyzing the crimes they have committed • Used in cases involving violent serial crime investigations

Copyright © 2022 Pearson Canada Inc. 3 - 26

Goals of Criminal Profiling • Criminal profiles are used for a variety of purposes: – To flush out offenders – To determine the seriousness of a threat – To provide interrogation advice – To inform prosecutors when cross-examining defendants

Copyright © 2022 Pearson Canada Inc. 3 - 27

Origins of Criminal Profiling • One of the earliest uses was during the Jack the Ripper case • “Mad Bomber” case in New York in the 1940’s – Dr. James Brussel created profile • FBI created profiling program in the 1970’s – Similar units in other countries including Canada • Investigative Psychology – David Canter and colleagues in the UK

Copyright © 2022 Pearson Canada Inc. 3 - 28

Construction of a Criminal Profile • There are two broad approaches: • Deductive profiling: – Profiling from evidence relating to specific offender’s crimes – Underlying logic may be faulty • Inductive profiling: – Profiling from what is known about similar (solved) crimes – Difficult to apply to unique specific cases

Copyright © 2022 Pearson Canada Inc. 3 - 29

Organized-Disorganized Model • Inductive approach developed by the FBI in the 1980’s • Organized – Planned, used vehicle, little evidence left, etc.

– Offender likely intelligent, skilled occupation, owns vehicle, etc.

• Disorganized – Spontaneous, mutilation, evidence left, etc.

– Offender likely unintelligent, lives alone, unskilled occupation, etc.

• Little research to support this model – Many offenders mixed

Copyright © 2022 Pearson Canada Inc. 3 - 30

Investigative Psychology Approaches • Use rigorous analysis of proposed categories and their validity • Use complex statistical analyses to examine offender behaviours – View how different offender types group together • Use for future predictions

Copyright © 2022 Pearson Canada Inc. 3 - 31

Validity of Criminal Profiling • Criminal profiling is often criticized on the following grounds: – It is based on personality theories that lack empirical support – Psychological assumptions used lack empirical support – Profiles are so ambiguous that they can fit many suspects – Professional profilers no more accurate than untrained people

Copyright © 2022 Pearson Canada Inc. 3 - 32

Theoretical Base • Many forms of profiling based classic trait model – Consistent behaviour across time and situations – Similar behaviour in criminal and noncriminal settings • Largely disregards situational influences

Copyright © 2022 Pearson Canada Inc. 3 - 33

Empirical Support for Assumptions • Two key assumptions: – Offenders behaviour is stable across their crimes – Relationship between behaviours and background characteristics • Partial research support for the stability assumption • Little to no support for the link to background characteristics – Stronger when contextual details taken into account

Copyright © 2022 Pearson Canada Inc. 3 - 34

Ambiguous Profiles • Profiles often contain ambiguous predictions – e.g., the offender will be a “social misfit” • Can be interpreted to fit a variety of suspects

Copyright © 2022 Pearson Canada Inc. 3 - 35

Accuracy of Profilers • Professional profilers compared to non-professionals – Limited research conducted – Done under laboratory conditions • Professionals only moderately outperformed others – Calls expertise into question • More realistic research needed to make firm conclusions

Copyright © 2022 Pearson Canada Inc. 3 - 36

LO4: Geographic Profiling • Geographic Profiling: Definition • Geographic Profiling Systems

Copyright © 2022 Pearson Canada Inc. 3 - 37

Geographic Profiling: Definition • Uses crime scene locations to predict where offender likely lives – Used in serious serial cases – Used to prioritize suspects based on home location • Assumes people offend close to where they live – Research generally supports this basic assumption

Copyright © 2022 Pearson Canada Inc. 3 - 38

Geographic Profiling Systems • Computerized systems using models of spatial behaviour – Assign probability values to locations surrounding linked crimes – Correspond to likelihood that the offender resides in those areas • Geographic profiling systems can be quite accurate

Copyright © 2022 Pearson Canada Inc. 3 - 39

Forensic Psychology Sixth Edition

Chapter 4 Deception

Copyright © 2022 Pearson Canada Inc. 4-1

Learning Objectives 1. Describe what the polygraph is, its uses, and two types of polygraph tests 2. Describe the research and scientific opinion about the polygraph 3. Describe physiologically based alternatives to the polygraph: event-related brain potentials and functional brain imaging techniques 4. Outline the verbal and nonverbal characteristics of deception, including research on the detection of high-stakes lies 5. Define disorders of deception and summarize the three explanatory models of malingering 6. Differentiate between the types of studies used to examine malingering and summarize research on malingered psychosis

Copyright © 2022 Pearson Canada Inc. 4-2

LO1: The Polygraph • The Polygraph: Principles • Applications of Polygraph • Types of Polygraph Tests • Comparison Question Test (CQT) • Phases of the CQT • CQT: Assumptions • Concealed Information Test (CIT)

Copyright © 2022 Pearson Canada Inc. 4-3

The Polygraph: Principles • Principle: Deception associated with physiological change – Rice power and dry mouth • Original polygraph created by William Marston in 1917 • Current device measures: – Respiration – Heart rate – Sweating • Lie detection vs. physiological changes detection

Copyright © 2022 Pearson Canada Inc. 4-4

Applications of Polygraph • Helps in criminal investigations – Suspect may be asked to take a polygraph test • Verify a crime has occurred – Victim is asked to take a polygraph test • Monitoring sexual offenders on probation – Violations and fantasies • Pre-employment screening for security agencies and police – e.g., CSIS

Copyright © 2022 Pearson Canada Inc. 4-5

Types of Polygraph Tests • There are two main types of polygraph tests: – Comparison Question Test (CQT) – Concealed Information Test (CIT)

Copyright © 2022 Pearson Canada Inc. 4-6

Comparison Question Test (CQT) (1 of 3) • Most common in criminal investigations • Includes three types of questions – Neutral – Relevant – Comparison • Deception is assessed by comparing physiological responses between relevant and comparison questions

Copyright © 2022 Pearson Canada Inc. 4-7

Comparison Question Test (CQT) (2 of 3) Table 4.1 Typical Question Series Used in a Comparison Question Test Type of Question

Questions

Introductory

Do you understand that I will be asking only questions we have discussed before?

Neutral

Are the lights turned on inside of this room right now?

Comparison

Between the ages of 18 and 28, did you ever deliberatively plan to physically hurt someone?

Relevant

Did you stab Petunia Bottoms on the night of March 10?

Neutral

Are you now physically located within Ontario?

Copyright © 2022 Pearson Canada Inc. 4-8

Comparison Question Test (CQT) (3 of 3)

Type of Question

Questions

Comparison

Prior to 2016, did you ever verbally threaten to hurt anyone?

Relevant

Did you use a knife to stab Petunia Bottoms?

Neutral

Were you born in November?

Comparison

During the first 28 years of your life, did you ever do anything illegal?

Relevant

On March 10, did you participate, in any way, in the stabbing of Petunia Bottoms?

Copyright © 2022 Pearson Canada Inc. 4-9

Phases of the CQT • Pre-test interview – Interview with suspect to develop the comparison questions • Polygraph exam – Questions asked while physiological responses are measured • Scoring – Polygraph examiner scores the physiological responses – Options: Truthful, deceptive, or inconclusive • Post-test interview – If a suspect is judged deceptive they are pressured to confess Copyright © 2022 Pearson Canada Inc. 4 - 10

CQT: Assumptions • Guilty people will react more to relevant questions • Innocent people will react more to comparison questions • Potential problems: – Innocent suspect may react more strongly to questions about a specific crime than to vague questions about past behaviour – Guilty suspects may not react as strongly to relevant questions if they have been repeatedly exposed to those questions

Copyright © 2022 Pearson Canada Inc. 4 - 11

Concealed Information Test (CIT) • Assesses if suspect has information that only the criminal would know • Asks suspects multiple-choice questions, one option is correct • Assumes guilty suspects will react strongly to correct information • Potential problems: – Assumes suspects are aware of and remember all information – Must have confidential crime-relevant information to use • Rarely used in Canada or United States Copyright © 2022 Pearson Canada Inc. 4 - 12

LO2: Validity of Polygraph • Types of Polygraph Studies • Accuracy of the CQT • Accuracy of the CIT • Polygraph: Countermeasures • Expert Opinion on the Polygraph • Admissibility of the Polygraph

Copyright © 2022 Pearson Canada Inc. 4 - 13

Types of Polygraph Studies • Laboratory studies – Simulated criminal behaviour – Advantage: Ground truth is known – Disadvantage: Lacks realism, limited real-world application • Field studies – Real-life situations and actual suspects – Advantage: High realism and real-world applicability – Disadvantage: Ground truth is not known

Copyright © 2022 Pearson Canada Inc. 4 - 14

Accuracy of the CQT • Most studies use confessions as indicated of ground truth – Unreliable measure • Majority of guilty suspects correctly identified – 84% to 92% guilty correctly identified • Many innocent suspects falsely identified as guilty – 9% to 24% false positive errors – Many classified as inconclusive

Copyright © 2022 Pearson Canada Inc. 4 - 15

Accuracy of the CIT • Mostly based on laboratory studies • Very accurate at identifying innocent participants – Up to 95% correctly identified • Less accurate at identifying guilty participants – Between 76% to 85% correctly identified • No field studies have been conducted in North America – Israel: 98% for innocent, 42% for guilty

Copyright © 2022 Pearson Canada Inc. 4 - 16

Polygraph: Countermeasures • Both physical and mental countermeasures are effective for CQT – Biting tongue or counting backward – 50% of guilty suspects in laboratory study beat the polygraph – Polygraph examiners unaware of measures • The CIT does not appear to be effected by anti-anxiety drugs

Copyright © 2022 Pearson Canada Inc. 4 - 17

Expert Opinion on the Polygraph • US National Research Council Report – Theoretical rationale weak – Existing validation studies have serious limitations – Practitioners claim overly high accuracy rates

Copyright © 2022 Pearson Canada Inc. 4 - 18

Admissibility of Polygraph • Did not pass general acceptance test in US – Frye v. United States, 1923 • Not admissible into evidence in Canadian courts – R. v. Beland, 1987 – Imbued with “mystique of science”

Copyright © 2022 Pearson Canada Inc. 4 - 19

LO3: Physiological Alternatives • Brain-Based Deception Research: ERP • Brain-Based Deception Research: fMRI

Copyright © 2022 Pearson Canada Inc. 4 - 20

Brain-Based Deception Research: ERP • Event-related brain potentials (ERP) – Measure brain activity in response to a significant stimulus – P300 responds to infrequent, significant stimuli – Guilty suspects: Stronger response to crime vs. noncrime question • Laboratory research demonstrates relatively high accuracy levels – 75–90% of participants categorized correctly

Copyright © 2022 Pearson Canada Inc. 4 - 21

Brain-Based Deception Research: fMRI • Functional magnetic resonance imaging (fMRI): – Measure blood flow in brain – Different brain areas activated when deceptive vs. truthful • High accuracy rates (~90%) – Easily beaten by countermeasures – Limitations of laboratory research • May have powerful influence on jurors

Copyright © 2022 Pearson Canada Inc. 4 - 22

LO4: Verbal and Nonverbal Cues • Detecting Deception: Cues • Detecting Deception: Verbal Cues • Detecting Deception: Professionals

Copyright © 2022 Pearson Canada Inc. 4 - 23

Detecting Deception: Cues • Assumption: Lying produces physiological changes – Difficult to control nonverbal responses in particular • Nonverbal cues not reliable indicators of deception – Gaze aversion, self-manipulation, etc.

• Some verbal/vocal cues related to deception: – Higher voice pitch – Increased speech disturbance (ah, umm) – Slower speech • Cues dependent on complexity of the lies

Copyright © 2022 Pearson Canada Inc. 4 - 24

Detecting Deception: Verbal Cues • Verbal cues that are indicative of honesty: – Make corrections in account – Admit to lack of memory • Verbal cues that are indicative of deception: – Fewer details – Less compelling accounts – Less cooperative and more nervous/tense

Copyright © 2022 Pearson Canada Inc. 4 - 25

Detecting Deception: Professionals • Lie detection rates similar among professionals and lay people – ~55% accuracy • Reasons for low accuracy – Mistake beliefs about cues (e.g., gaze aversion) – Truth-bias – Few differences between liars and truth tellers • Professionals tend to detect high stakes lies better than low stakes lies • Training courses have limited effectiveness in increasing accuracy

Copyright © 2022 Pearson Canada Inc. 4 - 26

LO5: Disorders of Deception • Categories of Disorders • Malingering • Defensiveness • Explanations of Malingering • Pathogenic Model • Criminological Model • Adaptational Model

Copyright © 2022 Pearson Canada Inc. 4 - 27

Categories of Disorders • Vary on two dimensions – Intentionally/consciously produced symptoms – Motivation is external or internal • Conversion disorder – Neurological symptoms, not intentionally produced • Factitious Disorder – Intentionally produced symptoms, no external incentives • Munchausen syndrome by proxy – Intentionally create symptoms in their children

Copyright © 2022 Pearson Canada Inc. 4 - 28

Malingering • Psychological or physical symptoms are voluntarily fakes • There are external motivations to produce symptoms: – Avoid criminal punishment – Obtain drugs or transfer to different institution – Avoid military duties or drugs – Compensation for an alleged disability/injury • Prevalence quite high in forensic settings

Copyright © 2022 Pearson Canada Inc. 4 - 29

Defensiveness • Conscious denial or minimization of symptoms – Wish to appear high functioning to be viewed as a fit parent – Unwillingness to admit to being a “patient” • Ranges from mild to severe

Copyright © 2022 Pearson Canada Inc. 4 - 30

Explanations of Malingering • Three explanatory models of malingering – Pathogenic model – Criminological model – Adaptational model

Copyright © 2022 Pearson Canada Inc. 4 - 31

Pathogenic Model • Assumes malingering results from an underlying mental disorder • The patient attempts to gain control by creating fictitious symptoms • Little empirical support

Copyright © 2022 Pearson Canada Inc. 4 - 32

Criminological Model • Focuses on “badness” – Antisocial personality disorder (APD) (bad person) – Legal difficulties (bad situation) – Uncooperative with process (bad behaviour) • Little empirical support – Those with APD not less willing to cooperation – Many patients uncooperative during evaluations

Copyright © 2022 Pearson Canada Inc. 4 - 33

Adaptational Model • Malingering is likely to occur when: – A perceived adversarial context is present – Personal stakes are very high – No other viable alternatives are perceived • Research findings support this model

Copyright © 2022 Pearson Canada Inc. 4 - 34

LO6: Studying Malingering • Study Designs • Case Studies • Simulation Design • Known-Groups Design • Detecting Malingered Psychosis • Assessments: SIRS • Assessments: MMPI/MMPI-2

Copyright © 2022 Pearson Canada Inc. 4 - 35

Study Designs • Three basic designs to study Malingering: – Case study – Simulation – Known groups

Copyright © 2022 Pearson Canada Inc. 4 - 36

Case Studies • Not widely used • Useful for generating a wide variety of hypotheses – Tested using experimental methods • Only way to study rare syndromes

Copyright © 2022 Pearson Canada Inc. 4 - 37

Simulation Design • Most frequently used • Participants are told to malinger a specific disorder and compared to – Control group – Clinical comparison group • High experimental rigour • Limited generalizability to the real world

Copyright © 2022 Pearson Canada Inc. 4 - 38

Known-Groups Design • Involves two stages – Establishing the criterion groups (e.g. genuine patients and malingers) – Analysis of the similarities and differences between criterion groups • Good generalizability to real-world settings • Problems classifying criterion groups – “Genuine” patients may be malingering – Those classified as malingerers may be genuine patients

Copyright © 2022 Pearson Canada Inc. 4 - 39

Detecting Malingered Psychosis • Clues regarding the symptoms: – Report rare, atypical symptoms – Report atypical delusions or hallucinations – Absence of subtle symptoms – Continuous hallucinations rather than intermittent

Copyright © 2022 Pearson Canada Inc. 4 - 40

Assessments: SIRS • The Structured Interview of Reported Symptoms (SIRS) – Uses a structured interview – 172 items organized into 8 scales – Research indicates good validity

Copyright © 2022 Pearson Canada Inc. 4 - 41

Assessments: MMPI/M MPI-2 • Self-report personality inventories • Contain scales to detect unusual or atypical symptoms – Infrequency (F) and Back F (Fb) scales • Research indicates these scales are useful in detecting malingerers

Copyright © 2022 Pearson Canada Inc. 4 - 42

Forensic Psychology Sixth Edition

Chapter 5 Eyewitness Testimony

Copyright © 2022 Pearson Canada Inc. 5-1

Learning Objectives 1. Understand the components of eyewitness memory 2. Describe the independent and dependent variables found in eyewitness research 3. Describe recall memory in an eyewitness context 4. Describe lineup procedures and how they can be biased 5. Summarize the debate surrounding expert testimony on eyewitness issues 6. Outline the recommendations for collecting eyewitness evidence

Copyright © 2022 Pearson Canada Inc. 5-2

LO1: The Role of Memory • Memory Stages • Types of Eyewitness Retrieval

Copyright © 2022 Pearson Canada Inc. 5-3

Memory Stages • Eyewitness testimony relies on memory • Memory process involves several stages: – Perception/Attention – Encoding – Short-term – Long-term – Retrieval • Problems may occur at each stage – Memory fallible and malleable

Copyright © 2022 Pearson Canada Inc. 5-4

Types of Eyewitness Retrieval • Two types of memory retrieval that eyewitnesses perform – Recall memory ▪ Reporting details of a previously witnessed event/person – Recognition memory ▪ Currently viewed information same as previous information

Copyright © 2022 Pearson Canada Inc. 5-5

LO2: Studying Eyewitness Issues • Eyewitness Research • Laboratory Simulation • Eyewitness Research: Independent Variables • Eyewitness Research: Dependent Variables • Recall of the Event/Perpetrator • Recognition of the Perpetrator

Copyright © 2022 Pearson Canada Inc. 5-6

Eyewitness Research • Eyewitness issues can be studied using a variety of methods – Archival data – Naturalistic observation – Laboratory simulation

Copyright © 2022 Pearson Canada Inc. 5-7

Laboratory Simulation • Most common paradigm used to study eyewitness issues • Participant views event and questioned afterward – Describe details of event/person (recall) – Examine lineup (recognition)

Copyright © 2022 Pearson Canada Inc. 5-8

Eyewitness Research: Independent Variables • Variables manipulated by the researcher – Two broad types • Estimator variables – Present during crime and cannot be changed (e.g., age of witness) – Not under control of the justice system • System variables – Can be manipulated to impact accuracy (e.g., lineup procedure) – Under the control of the justice system

Copyright © 2022 Pearson Canada Inc. 5-9

Eyewitness Research: Dependent Variables • Variables measured by the researcher • Three broad types – Recall of the event/crime – Recall of the perpetrator – Recognition of the perpetrator

Copyright © 2022 Pearson Canada Inc. 5 - 10

Recall of the Event/Perpetrator • Recall can take two forms • Open ended recall/free narrative – Witnesses recount what they witnessed without being prompted • Direct question recall – Witnesses asked specific questions about the event/perpetrator • Recall examined for – Amount of information reported – Type of information reported – Accuracy of information reported

Copyright © 2022 Pearson Canada Inc. 5 - 11

Recognition of the Perpetrator • Recognition of the perpetrator is usually done through a lineup – Can also use voice or clothing lineups • Recognition response examined for – Accuracy of decision – Types of errors made

Copyright © 2022 Pearson Canada Inc. 5 - 12

LO3: Recall Memory • Interviewing Eyewitnesses • The Misinformation Effect • Explaining the Misinformation Effect • Impact of the Misinformation Effect • Procedures to Help in Witness Interviews • Hypnosis • Cognitive Interview • Enhanced Cognitive Interview • Cognitive Interview: Results • Recall of the Perpetrator

Copyright © 2022 Pearson Canada Inc. 5 - 13

Interviewing Eyewitnesses • The goal of an interview is to obtain a complete and accurate account • Police officers may impede the interview process by – Interrupting witnesses during free recall – Asking short specific questions – Asking predetermined or randomly-ordered questions – Asking leading or suggestive questions • Witnesses’ memory can also be contaminated by other witnesses – Memory conformity

Copyright © 2022 Pearson Canada Inc. 5 - 14

The Misinformation Effect • Witness incorporates new inaccurate information in later recall – Phrasing of a question • Car crash experiment – Small wording variations impact recall (hit vs. smashed) • Protestor experimenter – Number of people present during event misremembered (4 vs. 12)

Copyright © 2022 Pearson Canada Inc. 5 - 15

Explaining the Misinformation Effect • Misinformation acceptance hypothesis – Participants guess what the experimenter wants to hear • Source misattribution hypothesis – Have two memories, report the inaccurate one • Memory impairment hypothesis – Original memory replaced with new inaccurate one

Copyright © 2022 Pearson Canada Inc. 5 - 16

Impact of the Misinformation Effect • Influence recall by inadvertently providing unknown information – e.g., “Did you see the gun” • Witness may overhear other witnesses and change their recall • Influence recall by incorporating inaccurate information into question – First eyewitness provides erroneous details – Interviewer incorporates into subsequent questioning

Copyright © 2022 Pearson Canada Inc. 5 - 17

Procedures to Help in Witness Interviews • Three primary procedures – Hypnosis – Cognitive Interview – Enhanced Cognitive Interview

Copyright © 2022 Pearson Canada Inc. 5 - 18

Hypnosis • Hypnotically refreshed memory – Age regression – Television technique • Effective in generating more details – Just as likely to be inaccurate as accurate – Highly suggestible – Interviewee unable to differentiate between accurate & inaccurate • Information obtained under hypnosis is not usually admissible in court

Copyright © 2022 Pearson Canada Inc. 5 - 19

Cognitive Interview • Includes memory retrieval techniques: – Reinstating the context – Reporting everything – Reversing order – Changing perspectives

Copyright © 2022 Pearson Canada Inc. 5 - 20

Enhanced Cognitive Interview • Components were added to the original Cognitive Interview: – Rapport building – Supportive interviewer behaviour – Transfer of control – Focused retrieval – Witness compatible questioning

Copyright © 2022 Pearson Canada Inc. 5 - 21

Cognitive Interview: Results • Generates more accurate information than general police interviews – Small increase in inaccurate information • Officers often hesitant to use all aspects of the approach – Time consuming

Copyright © 2022 Pearson Canada Inc. 5 - 22

Recall of the Perpetrator • Descriptions of perpetrator often lacking in detail and accuracy – Limits usefulness in investigations • Gender, hair, clothing, and height are commonly reported descriptors

Copyright © 2022 Pearson Canada Inc. 5 - 23

LO4: Recognition Memory • Recognition Memory • Lineup Identification • Estimating Identification Accuracy • Possible Identification Decisions • Live vs. Photo Array • Lineup Presentation Procedures • Biased Lineups • Voice Identification • Multiple Identifications • Witness Confidence • Estimator Variables Copyright © 2022 Pearson Canada Inc. 5 - 24

Recognition Memory • Recognition memory can be tested in several ways: – Live lineups or photo arrays – Video surveillance records – Voice identification

Copyright © 2022 Pearson Canada Inc. 5 - 25

Lineup Identification • Witnesses are frequently asked to identify a perpetrator from a lineup • Lineups contain – The suspect (who may or may not be guilty) – Foils or distractors (known to be innocent) • Strategies for selecting foils – Similarity-to-suspect – Match-to-description • Important to have a fair lineup – suspect doesn’t stand out

Copyright © 2022 Pearson Canada Inc. 5 - 26

Estimating Identification Accuracy • Two types of lineups are needed in research – Target-present lineup ▪ Lineup contains the perpetrator • Target-absent lineup – Lineup contains an innocent suspect

Copyright © 2022 Pearson Canada Inc. 5 - 27

Possible Identification Decisions Table 5.1 Possible Identification Decisions as a Function of Lineup Type

Copyright © 2022 Pearson Canada Inc. 5 - 28

Live vs. Photo Array • Photo arrays are more common because: – Less time consuming – Portable – No right to counsel for suspect – Photos are static – Witness may be less anxious • May also use video-recorded lineups

Copyright © 2022 Pearson Canada Inc. 5 - 29

Lineup Presentation Procedures (1 of 2) • Simultaneous lineup – Presents all lineup members at one time to the witness – Encourages relative judgement • Sequential lineup – Lineup members are presented serially to the witness – More likely to make absolute judgement • Sequential may lead to more correct rejections

Copyright © 2022 Pearson Canada Inc. 5 - 30

Lineup Presentation Procedures (2 of 2) • Showup – Only the suspect is shown to the witness – Used rarely (e.g. death-bed identifications) • Walk-by – Witness taken to a public location where the suspect is likely to be

Copyright © 2022 Pearson Canada Inc. 5 - 31

Biased Lineups • Biased lineups – Suggest who the police suspect • Types of biases that increase false identification – Foil bias – Clothing bias – Instruction bias

Copyright © 2022 Pearson Canada Inc. 5 - 32

Voice Identification • Limited research in the area • Factors that lead to lower accuracy – Having shorter voice samples – Voices with an unfamiliar accent – Whispering – Emotion

Copyright © 2022 Pearson Canada Inc. 5 - 33

Multiple Identifications • Asked to make multiple judgments (voice, face, clothing, etc.)

• Accurately identify multiple features increases reliability of judgement

Copyright © 2022 Pearson Canada Inc. 5 - 34

Witness Confidence • Small positive correlation between confidence and accuracy • Moderating variables – Speed of decision – Interval between event and identification • Confidence can be manipulated with post-identification feedback • Confidence increases as decision is expressed multiple times – Mock-jurors do not appear sensitive to “inflated confidence”

Copyright © 2022 Pearson Canada Inc. 5 - 35

Estimator Variables (1 of 3) • Age – Older: fewer correct identifications and correct rejections • Older adults overall less accurate

Copyright © 2022 Pearson Canada Inc. 5 - 36

Estimator Variables (2 of 3) • Race – Witnesses remember faces of their own race more accurately – Cross-race effect • Cross-race effect may relate to – Attitudes – Physiognomic homogeneity – Interracial contact

Copyright © 2022 Pearson Canada Inc. 5 - 37

Estimator Variables (3 of 3) • Weapon focus – Witness’ attention focused on weapon not perpetrator

• Attempts to explain this phenomenon – Cue-Utilization hypothesis – Unusualness hypothesis

• Occurs in lab and real-world cases

Copyright © 2022 Pearson Canada Inc. 5 - 38

LO5: Eyewitness Expert Testimony • Eyewitness Expert Testimony: Controversy

Copyright © 2022 Pearson Canada Inc. 5 - 39

Eyewitness Expert Testimony: Controversy • Disagreement on application of research in courts • Points of contention include:

– Reliability of results across studies – Applicability of laboratory simulations to real life situations

– Time spent viewing perpetrator – “Common sense” of findings • Canadian courts limit expert testimony

Copyright © 2022 Pearson Canada Inc. 5 - 40

LO6: Identification Guidelines • Identification Guidelines: US • Sophonow Inquiry: Canada

Copyright © 2022 Pearson Canada Inc. 5 - 41

Identification Guidelines: US • National guidelines – Person conducting lineup should not be aware of who suspect – Eyewitnesses should be informed perpetrator may not be present – The suspect should not stand out as compared to foils – Witness’ confidence should be taken at time of the identification • Additional recommendation: Video entire procedure

Copyright © 2022 Pearson Canada Inc. 5 - 42

Sophonow Inquiry: Canada • Wrongful conviction case from Manitoba • Inquiry made several recommendations – The lineup procedure should be videotaped or audiotaped – Inform witnesses it is just as important to clear innocent suspects – The photo lineup should be presented sequentially – Officers should not discuss a witness’ identification with him or her

Copyright © 2022 Pearson Canada Inc. 5 - 43

Forensic Psychology Sixth Edition

Chapter 6 Child Victims and Witnesses

Copyright © 2022 Pearson Canada Inc. 6-1

Learning Objectives 1. Describe the factors that have given rise to research into children’s testimonies 2. Summarize children’s ability to recall/describe people’s appearances and the interview protocols used 3. Describe the impact delay has on memory 4. Summarize children’s abilities to recognize culprits and the procedures used for identification evidence 5. Outline the courtroom accommodations available for child witnesses 6. Explain child maltreatment categories and related consequences

Copyright © 2022 Pearson Canada Inc. 6-2

LO1: Research into Children’s Testimonies • History

Copyright © 2022 Pearson Canada Inc. 6-3

History • Historically children were treated with skepticism • Negative attitudes towards child witnesses were tested in early 1900s – Highly suggestible and capable of inaccurate testimony • Renewed interest beginning in the 1970s due to: – Expert testimony becoming acceptable in court – Interest in research related to real-world problems – Adult eyewitness research increasing – Legal community became interested in the topic ▪ Increasing reports of sexual assault of children

Copyright © 2022 Pearson Canada Inc. 6-4

LO2: Recall and Interview Protocols • Recall for events • Free Recall vs. Direct Questioning • Why are Children Suggestible?

• Anatomically Detailed Dolls • Other Interview Techniques for Children

Copyright © 2022 Pearson Canada Inc. 6-5

Recall for Events • Children can recall events accurately – Dependent on questioning technique used • Difficulty in describing person characteristics – Height, weight, etc.

• Influenced by suggestive questioning – Stronger effect with younger children

Copyright © 2022 Pearson Canada Inc. 6-6

Free Recall vs. Direct Questioning • Free recall – Children as accurate as adults – Tend to report little information • Direct questions – Yes/no problematic for younger children – Difficulty with unanswerable questions • “How” questions produce more information than direct/forced-choice

Copyright © 2022 Pearson Canada Inc. 6-7

Why Are Children Suggestible?

• Social compliance: – Children trust and want to cooperate with adult interviewers – Infer the desired response • Cognitive system changes: – Children differ in encoding, storage, and retrieval of information – Children can misattribute where information comes from

Copyright © 2022 Pearson Canada Inc. 6-8

Anatomically Detailed Dolls • Assumption – Children may have difficulty verbalizing experiences – Dolls allow demonstration of a past event • Problems – Dolls and scoring is not “standardized” – Research does not consistently support assumptions – Using for diagnosis can be inaccurate and dangerous

Copyright © 2022 Pearson Canada Inc. 6-9

Other Interview Techniques for Children (1 of 3) • Human figure drawings – 2D vs 3D representation easier to understand – May produce more inaccurate information when used • Criterion-based content analysis – Attempts to distinguish between true and fabricated statements – Subjective scoring by individual assessors – Unreliable with younger children

Copyright © 2022 Pearson Canada Inc. 6 - 10

Other Interview Techniques for Children (2 of 3) • Step-wise interview – Initial steps to explain process and build rapport – Proceed from open to direct questions – Some research support for effectiveness • Narrative elaboration – Visual cues to organize story into categories – Increased recall vs. control group

Copyright © 2022 Pearson Canada Inc. 6 - 11

Other Interview Techniques for Children (3 of 3) • National Institute of Child and Human Development interview protocol – Explanations of concepts and practice recall – Open-ended questioning with prompts – Increased recall vs. standard interviewing • Cognitive interview – Can be adapted for children – Increased recall compared to control

Copyright © 2022 Pearson Canada Inc. 6 - 12

LO3: Impact of Delay on Memory • Recall After a Long Delay • Historic Child Sexual Abuse

Copyright © 2022 Pearson Canada Inc. 6 - 13

Recall After a Long Delay • False memory syndrome – False belief that of being sexually abused as a child • No memories of this abuse until they enter therapy • Research: memory of abuse forced out of mind – Not actively recalled vs. forgotten

Copyright © 2022 Pearson Canada Inc. 6 - 14

Historic Child Sexual Abuse • Five criteria when considering validity of recovered memory: – Age of complainant at time of alleged abuse – Techniques used to recover memory – Similarity of reports across interview sessions – Motivation for recall – Time elapsed since the alleged abuse • Verdicts differ depending in trial type (judge vs. jury) – Expert testimony – Specifics of alleged abuse

Copyright © 2022 Pearson Canada Inc. 6 - 15

LO4: Recognizing Culprits • Lineup Identification • Identification Procedures

Copyright © 2022 Pearson Canada Inc. 6 - 16

Lineup Identification • Children and adults produce comparable correct identification rates – Target-present lineups • Children produce lower correct rejection rates than adults – Target-absent lineups • Children overall less accurate than adults

Copyright © 2022 Pearson Canada Inc. 6 - 17

Identification Procedures • Children have difficulty with sequential lineups • The elimination lineup for children was developed 1. Select picture most like perpetrator (relative) 2. Compare picture to memory (absolute) • Elimination procedure significantly reduces false positive responding • False positives may be due to social factors

Copyright © 2022 Pearson Canada Inc. 6 - 18

LO5: Courtroom Accommodations • Competency inquiry • Courtroom Accommodations

Copyright © 2022 Pearson Canada Inc. 6 - 19

Competency inquiry • Required prior to 2006 • Questions posed to witnesses under 14 years old • Demonstrate they can communicate what was witnessed/experienced – Tell the difference between truth/lie – If they feel compelled to tell the truth • Now must just agree to tell the truth

Copyright © 2022 Pearson Canada Inc. 6 - 20

Courtroom Accommodations • Testifying in court may be stressful/traumatic • Accommodations have been put in place – Screen/shield – Closed-circuit television – Support person – Pre-recorded video testimony – Hearsay – Close courtroom to public/media

Copyright © 2022 Pearson Canada Inc. 6 - 21

LO6: Child Maltreatment and Consequences • Child Maltreatment • Reporting Abuse • Risk Factors for Abuse • Short-Term Effects of Physical Abuse • Long-Term Effects of Physical Abuse • Short-Term Effects of Sexual Abuse • Long-Term Effects of Sexual Abuse

Copyright © 2022 Pearson Canada Inc. 6 - 22

Child Maltreatment • Health Canada distinguishes four categories of maltreatment: – Physical abuse – Sexual abuse – Neglect/failure to provide – Emotional maltreatment

Copyright © 2022 Pearson Canada Inc. 6 - 23

Reporting Abuse • Need of protection – Separated from his/her caregiver because of maltreatment • Children in need of protection must be reported to authorities • Neglect and exposure to domestic violence most common

Copyright © 2022 Pearson Canada Inc. 6 - 24

Risk Factors for Abuse Table 6.4 Risk Factors for Abuse

Copyright © 2022 Pearson Canada Inc. 6 - 25

Short-Term Effects of Physical Abuse • Greater perceptual-motor deficits • Lowered measured intellectual functioning • Lower academic achievement • Externalizing behaviour such as aggression • Mental health difficulties (e.g., depression, hopelessness) • Alcohol abuse

Copyright © 2022 Pearson Canada Inc. 6 - 26

Long-Term Effects of Physical Abuse • Nonfamilial violence • Familial violence • Dating violence

Copyright © 2022 Pearson Canada Inc. 6 - 27

Short-Term Effects of Sexual Abuse • Behaviour problems • Lowered self-esteem • Inappropriate sexuality • Symptoms consistent with post-traumatic stress disorder • Physical difficulties – Sleep disturbance, eating disorders, stomach problems, headaches

Copyright © 2022 Pearson Canada Inc. 6 - 28

Long-Term Effects of Sexual Abuse • Psychiatric disorders – Major depression, anxiety, substance abuse • Dysfunctional behaviours – Sexualized behaviours • Neurobiological dysregulation – Hippocampal damage • Not all abused children experience negative outcomes

Copyright © 2022 Pearson Canada Inc. 6 - 29

Forensic Psychology Sixth Edition

Chapter 7 Juries: Fact Finders

Copyright © 2022 Pearson Canada Inc. 7-1

Learning Objectives 1. Describe types of offences and those heard by juries in Canada 2. Describe the jury selection process 3. Distinguish among the characteristics, responsibilities, and functions of Canadian jurors 4. Describe how we study both juror and jury behaviour 5. Outline the stages to reaching a jury verdict 6. Describe the categories of variables that have been examined to predict a verdict

Copyright © 2022 Pearson Canada Inc. 7-2

LO1: Offence Types • Types of Offences

Copyright © 2022 Pearson Canada Inc. 7-3

Types of Offences • There are three types of offences in Canada – Summary – Indictable – Hybrid • Three categories of indictable offences – Less serious (judge only) – Highly serious (judge and jury) – Some offences accused can choose judge vs. jury • Hybrid – crown chooses summary vs. indictable

Copyright © 2022 Pearson Canada Inc. 7-4

LO2: Jury Selection Process • Jury Selection

Copyright © 2022 Pearson Canada Inc. 7-5

Jury Selection • Juries Act – Eligibility criteria that varies between provinces/territories • Community members receive jury summons • Criminal cases – 12 jurors – Preemptory challenges (removed by Bill C-75) – Challenge for a cause • Lawyers/judges have limited information on prospective jurors – Name, address, occupation

Copyright © 2022 Pearson Canada Inc. 7-6

LO3: Characteristics, Responsibilities, and Functions of Juries • Key Characteristics • Representativeness • Impartiality • Threats to Impartiality • Increasing Impartiality • Jury Functions • Jury Nullification

Copyright © 2022 Pearson Canada Inc. 7-7

Key Characteristics • Representativeness – Represents the community where the crime occurred • Impartiality – A lack of bias on the part of jurors

Copyright © 2022 Pearson Canada Inc. 7-8

Representativeness • Achieved through random selection – Telephone directory or voter registration – May not be truly representative • Lawyers can challenge representativeness of a jury • Canadian steps taken to increased Indigenous representation

Copyright © 2022 Pearson Canada Inc. 7-9

Impartiality • Three characteristics: – Jurors must set aside biases/prejudice and only use evidence – Jurors must ignore any inadmissible evidence – Jurors must have no connection to the defendant

Copyright © 2022 Pearson Canada Inc. 7 - 10

Threats to Impartiality • Pre-trial publicity – Media coverage • Both negative and positive publicity influence verdicts

Copyright © 2022 Pearson Canada Inc. 7 - 11

Increasing Impartiality • Change of venue – Moving a trial to a different community • Adjournment – Delaying the trial – Rarely used • Challenge for cause – An option to reject biased jurors – Recently changed so now conducted by the judge

Copyright © 2022 Pearson Canada Inc. 7 - 12

Jury Functions • Apply the law to a case and reach a verdict • Other functions include – Wisdom of 12 (instead of 1) – Conscience of the community – Protect against out-of-date laws – Increase knowledge about justice system

Copyright © 2022 Pearson Canada Inc. 7 - 13

Jury Nullification • Ignoring the law and using other criteria for verdict – Law is seen as unfair or punishment is seen as too harsh – Seen in controversial cases • Nullification instructions may influence jury decision making – More likely to use attitudes vs. legal aspects

Copyright © 2022 Pearson Canada Inc. 7 - 14

LO4: Studying Juror/Jury Behaviour • Methodologies • Post-trial interviews • Archival Records • Simulation • Field studies

Copyright © 2022 Pearson Canada Inc. 7 - 15

Methodologies • Four methodologies used – Post-trial interviews – Archives – Simulation – Field studies

Copyright © 2022 Pearson Canada Inc. 7 - 16

Post-Trial Interviews • Not possible in Canada – Jurors forbidden by law from disclosing content of deliberations • Post-trial interviews with jurors are permissible in the U.S. • Strengths – High external validity • Limitations – Unreliability of jurors’ accounts – Lack of cause and effect

Copyright © 2022 Pearson Canada Inc. 7 - 17

Archival Records • Use of previously recorded information – e.g., trial transcripts, police interviews, etc.

• Strengths – High external validity • Limitations – Inability to establish cause and effect – Restricted to the data that was collected – No control over how information was collected

Copyright © 2022 Pearson Canada Inc. 7 - 18

Simulation • Participants presented with simulated trial and render verdicts – Factors of interest can be manipulated • Strengths – High internal validity (cause and effect relationships) • Limitations – Fake cases with no consequences – Typical undergraduate students – Generalizability to real world is questionable

Copyright © 2022 Pearson Canada Inc. 7 - 19

Field Studies • Research conducted within a real trial • Strengths – High external validity • Limitations – Permission from the courts may be difficult – Small samples – Variables of interest cannot be controlled

Copyright © 2022 Pearson Canada Inc. 7 - 20

LO5: Reaching a Verdict • Comprehension Aids: Note-Taking • Comprehension Aids: Asking Questions • Disregarding Inadmissible Evidence • Judge’s Instructions • Jury Decision-Making Models: Mathematical • Jury Decision-Making Models: Explanation • Deliberations • Final Verdict

Copyright © 2022 Pearson Canada Inc. 7 - 21

Comprehension Aids: Note-Taking • Jury must listen to evidence and deliberate • Judges may allow jurors to take notes while listening to evidence – Facilitate memory and comprehension • Research suggest note taking helpful with limited downsides • Judge makes decision within each trial

Copyright © 2022 Pearson Canada Inc. 7 - 22

Comprehension Aids: Asking Questions • Jurors may be allowed to ask witnesses questions via the judge – e.g., explain legal terms • Research indicates that juror questions are neither harmful nor helpful • Judges decide if/what questions are allowed to be asked

Copyright © 2022 Pearson Canada Inc. 7 - 23

Disregarding Inadmissible Evidence • Lawyers or witnesses may make inadmissible statements – Juries instructed to disregard such information • Jurors will disregard evidence – If provided with a logical and legitimate reason – Otherwise may still impact verdict • Jurors may also pay more attention to evidence after told to disregard

Copyright © 2022 Pearson Canada Inc. 7 - 24

Judge’s Instructions • Jurors do not remember, understand, or accurately apply instructions • Reforms for judges’ instructions – Rewriting instructions – Written copy of instructions – Pre- and post-evidence instructions – Lawyers clarifying instructions

Copyright © 2022 Pearson Canada Inc. 7 - 25

Jury Decision-Making Models: Mathematical • Mathematical models • Jury decision making is a set of mental calculations • A mathematical weight is assigned to each piece of evidence • Research indicates jurors do not use this decision-making approach

Copyright © 2022 Pearson Canada Inc. 7 - 26

Jury Decision-Making Models: Explanation • Explanation models • Evidence is organized into a coherent whole • Story model – Create story structure integrates evidence – Decide which story fits evidence best • Jurors’ decision-making process consistent with this approach – Coverage – Coherence – Uniqueness

Copyright © 2022 Pearson Canada Inc. 7 - 27

Deliberations • Sequestered: Not allowed to talk to anyone until verdict reached • Polarization: Individuals become more extreme following discussion • Leniency bias: Jurors become more lenient following deliberations

Copyright © 2022 Pearson Canada Inc. 7 - 28

Final Verdict • Hung jury: Cannot reach a unanimous verdict – Some jurisdictions allow majority decision • First poll predictive of final decision • Verdict-driven vs. Evidence-driven approaches

Copyright © 2022 Pearson Canada Inc. 7 - 29

LO6: Predicting Verdicts • Variables Used to Predict Verdicts • Demographic Variables • Personality Traits • Attitudes • Defendant Characteristics • Victim Characteristics • Expert Testimony

Copyright © 2022 Pearson Canada Inc. 7 - 30

Variables Used to Predict Verdicts • Six types of variables studied in relation to verdict: – Demographic – Personality traits – Attitudes – Defendant characteristics – Victim characteristics – Expert testimony

Copyright © 2022 Pearson Canada Inc. 7 - 31

Demographic Variables • Variables include – Gender, race, socioeconomic status, education of jurors – e.g., racial bias, black sheep effect • Small inconsistent relation between demographics and verdicts

Copyright © 2022 Pearson Canada Inc. 7 - 32

Personality Traits • Authoritarianism and Dogmatism – Rigid thinking and closed-minded • Positive relationship between authoritarianism and guilt judgments • High extraversion linked with acquittals

Copyright © 2022 Pearson Canada Inc. 7 - 33

Attitudes • No group of attitudes/values has received sufficient investigation • Exception is attitudes toward capital punishment – Death-qualified jurors more likely to vote for conviction • Case specific attitudes more predictive than general attitudes

Copyright © 2022 Pearson Canada Inc. 7 - 34

Defendant Characteristics • Small relationship between attractiveness and verdict • Defendant characteristics may interact with other characteristics – e.g., victim characteristics

Copyright © 2022 Pearson Canada Inc. 7 - 35

Victim Characteristics • Particularly relevant in sexual assault cases • Rape shield provisions – May allow some inquiry sexual history at judge’s discretion – “Honest but mistaken belief in consent” – Still used by jurors to determine credibility • Onus is on defendant to demonstrate sexual history is relevant • Religious beliefs considered on case-by-case basis – e.g., wearing of niqab during testimony

Copyright © 2022 Pearson Canada Inc. 7 - 36

Expert Testimony • Experts may be called to explain specific information – e.g., forensic evidence • No simple relationship; factors interact – e.g., gender of the expert, complexity of the testimony • May be effective in battered woman syndrome cases

Copyright © 2022 Pearson Canada Inc. 7 - 37

Forensic Psychology Sixth Edition

Chapter 8 The Role of Mental Illness in Court

Copyright © 2022 Pearson Canada Inc. 8-1

Learning Objectives 1. Detail presumptions in Canada’s legal system 2. Outline Canada’s fitness standard and issues to consider with this concept 3. Explain Canada’s insanity standard 4. Describe automatism and examples of cases in which it was used as a defence 5. Discuss mental illness in offender populations and how it relates to violence 6. Explain the various options for addressing offenders with mental disorders

Copyright © 2022 Pearson Canada Inc. 8-2

L O1: Presumptions in Canada’s Legal System • Establishing Guilt

Copyright © 2022 Pearson Canada Inc. 8-3

Establishing Guilt • Elements that must be present for criminal guilt – Actus reus: A wrongful deed – Mens rea: Criminal intent • Must be found beyond a reasonable doubt for a guilty verdict • Mental health issues can call these elements into question

Copyright © 2022 Pearson Canada Inc. 8-4

LO2: Fitness to Stand Trial • Fitness to Stand Trial • Fitness Standard – Bill C-30 • Fitness Standard Changes

• Raising the Issue of Fitness • How Common is Unfit Status?

• Who Can Assess Fitness?

• Fitness Instruments • Fit vs. Unfit Defendants • Restoring Fitness

• Unfit to Stand Trial Copyright © 2022 Pearson Canada Inc. 8-5

Fitness to Stand Trial • Unfit to stand trial – An inability to conduct a defence at any stage of the proceedings on account of a mental disorder • Fitness standard (R. v. Prichard, 1836) – Whether the defendant is mute of malice (i.e., intentionality) – Whether the defendant can plead to the indictment – Whether the defendant has sufficient cognitive capacity to understand proceedings

Copyright © 2022 Pearson Canada Inc. 8-6

Fitness Standard – Bill C-30 • Unfit to stand trial if unable to: – Understand nature or object of proceedings – Understand possible consequences of the proceedings – Communicate with counsel ▪ Only need to be able to state facts of case

Copyright © 2022 Pearson Canada Inc. 8-7

Fitness Standard Changes • Five-day limit for fitness evaluations with provisions, if necessary – Detention not to exceed 60 days • Evaluation can occur a detention, outpatient, or inpatient facility

Copyright © 2022 Pearson Canada Inc. 8-8

Raising the Issue of Fitness • Can be raised from arrest to sentencing • Assumed fit unless deemed unfit on “balance of probabilities” • Defence or crown can raise issues of fitness – Burden of proof is on the party that raises the issue

Copyright © 2022 Pearson Canada Inc. 8-9

How Common is Unfit Status?

Table 8.1 Number of Accused Given the Legal Status of Unfit, by Jurisdiction (1992–2004) Jurisdiction Prince Edward Island

Number of Accused Ruled Unfit 4

Quebec

399

Ontario

1151

Alberta

94

British Columbia

216

Nunavut

2

Yukon

10

Copyright © 2022 Pearson Canada Inc. 8 - 10

Who Can Assess Fitness?

• In Canada only medical practitioners can conduct assessments – Psychiatric or forensic experience is not required – Psychologists may assist in testing • Psychologists allowed to conduct assessments in the US

Copyright © 2022 Pearson Canada Inc. 8 - 11

Fitness Instruments • Fitness Interview Test Revised (FIT-R) – Developed to meet Canadian Criminal Code criteria • Three broad sections – Understand nature and object of the proceedings – Understand possible consequences – Communicate with counsel • Number of other screening tools exist

Copyright © 2022 Pearson Canada Inc. 8 - 12

Fit vs. Unfit Defendants • Unfit defendants more like to be – Single – Unemployed – Living alone – Older females belonging to a minority group – Diagnosed with a psychotic disorder

Copyright © 2022 Pearson Canada Inc. 8 - 13

Restoring Fitness • Goal is to get the defendant fit • Most common method of treatment is medication • Defendant may have right to refuse medications – Side effects

Copyright © 2022 Pearson Canada Inc. 8 - 14

Unfit to Stand Trial • Proceedings halted until fit – detained or conditionally discharged – Reassessed within 45 days • If unfit after 90 days, referred to review board – Reviewed on an annual basis • Bill C-10 – If unlikely to become fit, court can stay proceedings if – Accused is unlikely to ever become fit – Accused does not pose a significant threat to the public – It is in the interest of the proper administration of justice

Copyright © 2022 Pearson Canada Inc. 8 - 15

LO3: Canada’s Insanity Standard • Mental State at Time of Offence • Influential Cases of the Insanity Standard • Legislative Changes

• A Further Change • Raising the Issue of Insanity • Assessing Insanity

• Defendants Found NCRMD • Information for Review Boards • Factors Affecting Dispositions

• Bill C-54 Changes to NCRMD Copyright © 2022 Pearson Canada Inc. 8 - 16

Mental State at Time of Offence • Insanity – Not being of sound mind; mentally deranged and irrational • Legally, insanity removes the responsibility of performing an act because of uncontrollable impulses or delusions – e.g., hearing voices

Copyright © 2022 Pearson Canada Inc. 8 - 17

Influential Cases of the Insanity Standard • James Hadfield in 1800 – Criminal Lunatics Act • R. v. McNaughton (1843) • Three elements specific to insanity defences – Defendant must be suffering from a defect of reason/disease of the mind – Must not know the nature and quality of act they are performing – Must not know that what he/she is doing is wrong

Copyright © 2022 Pearson Canada Inc. 8 - 18

Legislative Changes • Bill C-30 (1992) – changes were made to the insanity legislation: – Term changed to “not criminally responsible on account of mental disorder” (NCRMD) – Wording of the standard was altered – Review boards were created

Copyright © 2022 Pearson Canada Inc. 8 - 19

A Further Change • Winko v. British Columbia (1999) – Supreme court stated that a defendant who is NCRMD should only be detained if they pose a threat to society – If not, they should receive an absolute discharge

Copyright © 2022 Pearson Canada Inc. 8 - 20

Raising the Issue of Insanity • Very few defendants use the insanity defence – Approximately 25% succeed when raised • Typically occur when both sides agree • In Canada, only two situations in which the Crown may raise insanity – Following a guilty verdict – If the defence states the defendant has a mental illness • Whoever raises the issue must prove beyond balance of probabilities

Copyright © 2022 Pearson Canada Inc. 8 - 21

Assessing Insanity • Insanity defence requires a psychiatric assessment • Rogers Criminal Responsibility Assessment Scales (R-CRAS) – Patient reliability – Organicity – Psychopathology – Cognitive control – Behavioural control • No cut-off score and combined with other information

Copyright © 2022 Pearson Canada Inc. 8 - 22

Defendants Found NCRMD • Three dispositions can be made – Absolute discharge – Conditional discharge – Psychiatric facility • In Canada, dispositions are made by the court or a review board – Court dispositions reviewed by board within 90 days – Disposition can be changed at any point

Copyright © 2022 Pearson Canada Inc. 8 - 23

Information for Review Boards • Review boards consider – Charge information – Trial transcript – Criminal history – Risk assessment – Clinical history – Psychological testing – Hospital’s recommendation • Capping – Maximum period person impacted by their disposition

Copyright © 2022 Pearson Canada Inc. 8 - 24

Factors Affecting Dispositions • Four main criteria considered when deciding a disposition: – Public safety – Mental state of the defendant – Reintegration of defendant into society – Other needs of the defendant

Copyright © 2022 Pearson Canada Inc. 8 - 25

Bill C-54 Changes to NCRMD • Introduced in 2013 by the Prime Minister’s office – Committed a serious offence – Have a high likelihood of reoffending – Or acts were so heinous that the public could be at risk • “High risk” offenders not granted a conditional/absolute discharge – Only a court could lift this “high risk” designation • Bill did not receive Royal Assent

Copyright © 2022 Pearson Canada Inc. 8 - 26

LO4: Automatism and its Uses • Automatism • R. v. Stone (1999) • Defences of Noninsane Automatism • NCRMD versus Automatism • Intoxication as a Defence

Copyright © 2022 Pearson Canada Inc. 8 - 27

Automatism • Automatism – Unconscious, involuntary behaviour – Person committing the act is not aware of what they are doing • Canadian Criminal Code does not address automatism as a defence • R. v. Parks (1992) – Acquitted due to sleepwalking

Copyright © 2022 Pearson Canada Inc. 8 - 28

R. v. Stone (1999) • Supreme Court stated there are two forms of automatism: – Noninsane (external factor) – Insane (mental disorder) • To address defences of automatism judge decides: – Whether evidence exists that behaviour was involuntary – If the condition is a mental disorder (insane vs. noninsane)

Copyright © 2022 Pearson Canada Inc. 8 - 29

Defences of Noninsane Automatism • Potential defences recognized by Canadian courts – A physical blow (e.g., blow to the head) – Physical ailments (e.g., stroke) – Hypoglycemia (e.g., low blood sugar) – Carbon monoxide poisoning – Sleepwalking – Involuntary intoxication – Psychological blow from extraordinary external event

Copyright © 2022 Pearson Canada Inc. 8 - 30

NCRMD versus Automatism • Verdict outcome differs – NCRMD verdict may result in defendant being sent to mental health facility – Noninsane automatism results in a not guilty verdict – Insane automatism results in an NCRMD verdict

Copyright © 2022 Pearson Canada Inc. 8 - 31

Intoxication as a Defence • R. v. Daviault (1994) – Claimed intoxication as defence – Originally acquitted but overturned • In 1995, Bill-C-72 was passed – Self-induced intoxication not recognized as a defence

Copyright © 2022 Pearson Canada Inc. 8 - 32

LO5: Mental Illness in Offenders • Defendants With Mental Disorders • Dealing with Mentally Ill Offenders • Mental Illness and Violence • Treatment • Treatment Options

Copyright © 2022 Pearson Canada Inc. 8 - 33

Defendants With Mental Disorders • Fit defendants may still have mental health issues – Offenders have much higher rates than general population • Several factors may be responsible for higher rates – Individuals with a mental illness are likely arrested more often – Individuals with a mental illness are more likely to get caught – Individuals with a mental illness are more likely to plead guilty

Copyright © 2022 Pearson Canada Inc. 8 - 34

Dealing with Mentally Ill Offenders • Police have two options – Mental health system – Criminal justice system • Biases may exist in the conditional release of mentally ill offenders – Conditionally released as a result of mandatory supervision – More likely to have their release suspended

Copyright © 2022 Pearson Canada Inc. 8 - 35

Mental Illness and Violence • Some links between psychiatric diagnosis and physical violence • Complex interaction between different diagnoses and other factors – Age, substance abuse, etc.

• Not distinguishable based on offence type • Not predictive of recidivism

Copyright © 2022 Pearson Canada Inc. 8 - 36

Treatment • Goals include – Symptom reduction – Decreased length of stay in the facility – No need for re-admittance to hospital – Reduce the risk of recidivism

Copyright © 2022 Pearson Canada Inc. 8 - 37

Treatment Options • Facilities for treatment include: – Psychiatric institutions – Hospitals – Assisted housing units • Two key treatment options for psychotic symptoms: – Antipsychotic drugs – Behaviour therapy • Overarching goal is reintegration – Community treatment order – Diversion

Copyright © 2022 Pearson Canada Inc. 8 - 38

LO6: Other Options • Mental Health Courts • Research on Mental Health Courts

Copyright © 2022 Pearson Canada Inc. 8 - 39

Mental Health Courts • Four main objectives – Divert accused charged with minor to moderately serious offences – Facilitate a defendant’s fitness to stand trial evaluation – Ensure treatment for a defendant’s mental disorders – Decrease likelihood of repeat offences • Offer a rehabilitative option to deal with criminal behaviour

Copyright © 2022 Pearson Canada Inc. 8 - 40

Research on Mental Health Courts • Results of a Canadian survey in 2012 – Majority reported positive attitudes toward the courts • Initial research suggests positive impacts – Reduced recidivism and criminogenic needs

Copyright © 2022 Pearson Canada Inc. 8 - 41

Forensic Psychology Sixth Edition

Chapter 9 Sentencing and Parole in Canada

Copyright © 2022 Pearson Canada Inc. 9-1

Learning Objectives 1. Describe the structure of the Canadian court system 2. List the primary purposes and principles of sentencing 3. Describe the various sentencing options available in Canada 4. Define sentencing disparity and explain how it can be studied 5. List the principles for effective correctional interventions 6. Describe how parole decisions are made

Copyright © 2022 Pearson Canada Inc. 9-2

LO1: Structure of Canadian Court System • The Canadian Court System • Indigenous Courts

Copyright © 2022 Pearson Canada Inc. 9-3

The Canadian Court System (1 of 2) • Courts divided into provincial, federal, and military courts • Hierarchy with higher courts possessing more authority – Lower abides by decisions of higher • The Supreme Court of Canada is the final court of appeal

Copyright © 2022 Pearson Canada Inc. 9-4

The Canadian Court System (2 of 2) Figure 9.1 The Canadian Court System

Copyright © 2022 Pearson Canada Inc. 9-5

Indigenous Courts (1 of 2) • Indigenous overrepresentation problem – 3% of population, 18% of federal inmates • Various factors may contribute – Commit more crimes – More serious crimes – Lack of adequate legal counsel – Economic disadvantages

Copyright © 2022 Pearson Canada Inc. 9-6

Indigenous Courts (2 of 2) • Indigenous courts also exist within the court structure • Special consideration given to the background factors – Substance abuse, poverty abuse, etc.

• May result in restorative justice approach – Community safety – Accountability – Skills Development • Have limited impact on overrepresentation

Copyright © 2022 Pearson Canada Inc. 9-7

LO2: Purpose and Principles of Sentencing • The Purposes of Sentencing • The Principles of Sentencing

Copyright © 2022 Pearson Canada Inc. 9-8

The Purposes of Sentencing (1 of 2) • Sentencing: The judicial determination of a legal sanction upon a person convicted of an offence • Sentences are meant to accomplish a variety of goals – Specific deterrence – General deterrence – Denounce unlawful conduct – Separate offenders from society – Assist in rehabilitating offenders – Provide reparations for harm done – Promote responsibility in offenders

Copyright © 2022 Pearson Canada Inc. 9-9

The Purposes of Sentencing (2 of 2) • Judges often consider more than one goal • Goals may be incompatible with one another – e.g., long sentences: Separation vs. rehabilitation • Judges across Canada sentence for different reasons – Results in sentence disparity

Copyright © 2022 Pearson Canada Inc. 9 - 10

The Principles of Sentencing • Fundamental principle of sentencing: Sentence proportionate to: – Gravity of the offence – Degree of responsibility of the offender • Judges must also take into account the following principles: – Consider aggravating and mitigating factors – Similar sentences for similar offenders committing similar crimes – Combined sentences should not be unduly harsh – Use less-restrictive sanctions where appropriate – Use alternatives to incarceration if reasonable Copyright © 2022 Pearson Canada Inc. 9 - 11

LO3: Sentencing Options in Canada • Sentencing Options • Factors Affecting Sentencing

Copyright © 2022 Pearson Canada Inc. 9 - 12

Sentencing Options • Various options available in Canada – Absolute discharge – Conditional discharge – Restitution – Fines and community service – Conditional sentence – Imprisonment ▪ < 2 years – provincial/territorial prison ▪ > 2 years – federal prison

Copyright © 2022 Pearson Canada Inc. 9 - 13

Factors Affecting Sentencing • Various factors that should be taken into account – Seriousness of the offence – Offender’s degree of responsibility – Aggravating and mitigating factors – Harshness of the sentence • Extra-legal factors also have large influence – Individual differences between judges – Gender and race of defendant

Copyright © 2022 Pearson Canada Inc. 9 - 14

LO4: Sentencing Disparity • Sentencing Disparity: Definition • Studying Sentencing Disparity • Reducing Sentencing Disparity • Are the Goals of Sentencing Achieved?

Copyright © 2022 Pearson Canada Inc. 9 - 15

Sentencing Disparity: Definition • Variations between different judges (or same judge on different occasions) for similar offenders committing similar offences • Unwarranted sentencing disparity: Reliance on extra-legal factors • These factors can be categorized as: – Systematic factors (e.g., judges’ personality and philosophy) – Unsystematic factors (e.g., fluctuations in judges’ mood)

Copyright © 2022 Pearson Canada Inc. 9 - 16

Studying Sentencing Disparity • Sentencing disparity is typically studied in one of two ways: – Simulation studies – Official sentencing statistics • Simulation studies – provide judges with mock cases – Wide variation between sentence length – Dependent on legal objectives trying to achieve

Copyright © 2022 Pearson Canada Inc. 9 - 17

Reducing Sentencing Disparity • Disparity occurs because of discretion given to judges • One approach to reduce – implement sentencing guidelines – Restrict options including length of sentence • Canada has been reluctant to adopt formal guidelines • Reforms often political vs. evidence-based

Copyright © 2022 Pearson Canada Inc. 9 - 18

Are the Goals of Sentencing Achieved?

• Dependent on goal trying to achieve • Ongoing debate about deterrence and rehabilitation • No support the effectiveness of get-tough strategies – Recidivism actually increases

Copyright © 2022 Pearson Canada Inc. 9 - 19

LO5: Effective Treatment • What Works in Offender Treatment?

• Risk-Need-Responsivity Model

Copyright © 2022 Pearson Canada Inc. 9 - 20

What Works in Offender Treatment?

• Historically thought that nothing works • Canadian researchers have established principles of effective correctional intervention • Incorporating these principles shown to reduce recidivism rates

Copyright © 2022 Pearson Canada Inc. 9 - 21

Risk-Need-Responsivity Model • Important principles include – Risk principle ▪ Effective intervention targets high-risk offenders – Need principle ▪ Effective intervention targets criminogenic needs – Responsivity principle ▪ Effective intervention matches the general learning styles and characteristics of offenders

Copyright © 2022 Pearson Canada Inc. 9 - 22

LO6: Parole in Canada • Parole Decisions • Types of Parole • Parole Decision Making • The Effectiveness of Parole

Copyright © 2022 Pearson Canada Inc. 9 - 23

Parole Decisions • Parole involves – Conditional release into community – Rehabilitation – A high degree of community supervision – Return to prison if conditions are breached

Copyright © 2022 Pearson Canada Inc. 9 - 24

Types of Parole • Parole Board of Canada can grant different types of parole – Temporary absence – Day parole – Full parole – Statutory release • Supervised by Correctional Service of Canada and community agencies – Must meet parole conditions – e.g., remain in the country, check in with parole officer

Copyright © 2022 Pearson Canada Inc. 9 - 25

Parole Decision Making (1 of 2) • Offenders eligible after first third or first seven years of sentence • A formal hearing takes place with the parole board • Risk assessment conduct which includes an examination of: – Statistical measures of risk to reoffend – Criminal history – Psychological or psychiatric reports – Institutional behaviour – Evidence of change and insight into behaviour – Feasibility of release plans, etc.

Copyright © 2022 Pearson Canada Inc. 9 - 26

Parole Decision Making (2 of 2) • Parole boards may not consider all factors – Variability between members – Subjective process • Empirically-based framework has been designed – Structured procedure for decision-making – Leads to less decision errors

Copyright © 2022 Pearson Canada Inc. 9 - 27

The Effectiveness of Parole (1 of 2) • Discretionary vs. Statutory parole decision-making – Less likely to breach conditions – Higher success rates • Even statutory release offenders are unlikely to commit further crimes • Most failures are breach of conditions

Copyright © 2022 Pearson Canada Inc. 9 - 28

The Effectiveness of Parole (2 of 2) Figure 9.2 Success Rates for Federal Offenders on Conditional Release

Copyright © 2022 Pearson Canada Inc. 9 - 29

Forensic Psychology Sixth Edition

Chapter 10 Risk Assessment

Copyright © 2022 Pearson Canada Inc. 10 - 1

Learning Objectives 1. Define the components of risk assessment and summarize the history of risk assessment 2. List what role risk assessments play in Canada 3. Describe the types of correct and incorrect risk predictions and identify methodological issues in risk assessment 4. Describe unstructured clinical judgment, actuarial prediction, and structured professional judgment, including examples of risk assessment instruments 5. Outline historical, dispositional, clinical, and contextual risk factors 6. Explain the current issues in risk assessment, including some of the important differences among unique subpopulations of offenders

Copyright © 2022 Pearson Canada Inc. 10 - 2

LO1: Components and History • What Is Risk Assessment?

• History of Risk Assessment

Copyright © 2022 Pearson Canada Inc. 10 - 3

What is Risk Assessment?

• Risk is viewed as a range – probability estimate – Probabilities change across time – Interaction between characteristics, background, and situation • Risk assessment has 2 components – Prediction – identifying risk factors – Management – reduce level of risk

Copyright © 2022 Pearson Canada Inc. 10 - 4

History of Risk Assessment • Baxstrom and Dixon studies – “Dangerous” forensic patients released – Few re-offended – Illustrated inaccuracy of risk assessment predictions • Clinical expertise categorized as “flipping a coin” • Still used in Canadian and U.S. courts – Predictions “not always wrong…only most of the time”

Copyright © 2022 Pearson Canada Inc. 10 - 5

LO2: Role of Risk Assessments • Risk Assessments: Civil Settings • Risk Assessments: Criminal Settings

Copyright © 2022 Pearson Canada Inc. 10 - 6

Risk Assessments: Civil Settings • Civil commitment • Child protection • Immigration laws

• School and labour regulations • Duty to warn

Copyright © 2022 Pearson Canada Inc. 10 - 7

Risk Assessments: Criminal Settings • Risk assessments conducted at major decision points: – Pretrial – Sentencing – Release • Public safety may outweigh solicitor-client privilege – “Clear, serious and imminent danger” • Particularly important in some sentencing decisions – e.g., dangerous offender designation

Copyright © 2022 Pearson Canada Inc. 10 - 8

LO3: Prediction Outcomes & Methodologies • Types of Prediction Outcomes • Base Rate Problem • Methodological Issues • Judgment Error and Biases

Copyright © 2022 Pearson Canada Inc. 10 - 9

Types of Prediction Outcomes Table 10.1 Predictions: Decisions versus Outcomes

Copyright © 2022 Pearson Canada Inc. 10 - 10

Base Rate Problem • Percentage of people in a population who commit a criminal act • Low base rates can increase false positive decisions • Base rates can vary based on: – The group being studied – What is being predicted – The length of follow up monitoring period

Copyright © 2022 Pearson Canada Inc. 10 - 11

Methodological Issues • Assumptions – Risk can be measured – Instruments exist to measure risk • Ideal evaluations of instruments cannot be conducted – Cannot release high-risk offenders • Three weaknesses of research – Limited number of risk factors studied – How criterion variable is measured – How criterion variable is defined

Copyright © 2022 Pearson Canada Inc. 10 - 12

Judgment Error and Biases • Clinical judgment impacted by potential inaccurate heuristics – Illusory correlation – Ignoring of base rates – Reliance on salient or unique cues – Overconfidence in judgements • Contribute to the low accuracy rate

Copyright © 2022 Pearson Canada Inc. 10 - 13

LO4: Risk Assessment Approaches • Unstructured Clinical Judgment • Actuarial Prediction • Structured Professional Judgment • Components of Approaches • Risk Factor: Definition and Types • Risk Assessment Instruments

Copyright © 2022 Pearson Canada Inc. 10 - 14

Unstructured Clinical Judgment • Professional discretion and lack of guidelines • Subjective – No specific risk factors – No rules about how risk decisions should be made • High variability between clinicians and cases

Copyright © 2022 Pearson Canada Inc. 10 - 15

Actuarial Prediction • Risk factors are selected and combined using empirical associations – Based on studies of offenders • Actuarial prediction more accurate than unstructured clinical judgment • Most actuarial risk instruments include only static risk factors – Cannot update risk based on behavioural change

Copyright © 2022 Pearson Canada Inc. 10 - 16

Structured Professional Judgment • Guided by predetermined risk factors derived from research • Judgment of risk level is based on professional judgement • Accuracy of approach still unclear

Copyright © 2022 Pearson Canada Inc. 10 - 17

Components of Approaches Table 10.2 Components Used across Risk-Assessment Approaches Components

Unstructured Clinical Judgment

Actuarial

Structured Professional Judgment

Identify risk factors

No

Yes

Yes

Measure risk factors

No

Yes

Yes

Combine risk factors

No

Yes

Varies

Produce risk estimate

No

Yes

Varies

Copyright © 2022 Pearson Canada Inc. 10 - 18

Risk Factor: Definition and Types • Risk Factor – Measurable feature that predicts the behaviour of interest • Static Risk Factors – Historical – Factors that cannot be changed (e.g., age) • Dynamic Risk Factors – Fluctuate over time – Factors that can be changed (e.g., attitudes) – Acute vs. stable dynamic risk factors

Copyright © 2022 Pearson Canada Inc. 10 - 19

Risk Assessment Instruments • Static-99 – 10 item actuarial scale for sexual recidivism – Prior offences, gender of victims, etc.

• HCR-20 – Structured professional judgement for violent recidivism – Past, present and future risk factors • No assessment tool has demonstrated better accuracy than others

Copyright © 2022 Pearson Canada Inc. 10 - 20

LO5: Important Risk Factors • Risk Factors: Categories • Historical Risk Factors • Dispositional Risk Factors • Clinical Risk Factors • Contextual Risk Factors

Copyright © 2022 Pearson Canada Inc. 10 - 21

Risk Factors: Categories • Four broad categories – Historical – Dispositional – Clinical – Contextual • Two basic findings – Factors apply across all types of recidivism – Factors apply regardless of mental disorder

Copyright © 2022 Pearson Canada Inc. 10 - 22

Historical Risk Factors • Best predictor of future is past • Important factors include – Past antisocial behaviour – Age of onset of antisocial behaviour – Childhood history of maltreatment

Copyright © 2022 Pearson Canada Inc. 10 - 23

Dispositional Risk Factors • Demographics – Age – Gender • Personality characteristics – Impulsivity – Psychopathy • Pro-criminal attitudes

Copyright © 2022 Pearson Canada Inc. 10 - 24

Clinical Risk Factors • Substance use – Direct effects (e.g., pharmacological impact) – Indirect effects (e.g., violence to obtain drugs) • Mental disorder – Most individuals with mental disorders not violent – Diagnosis of schizophrenia or affective disorders – Psychosis

Copyright © 2022 Pearson Canada Inc. 10 - 25

Contextual Risk Factors • Lack of social support – Instrumental – Emotional – Appraisal – Information • Access to weapons • Access to victims

Copyright © 2022 Pearson Canada Inc. 10 - 26

LO6: Current Issues • Where is the Theory?

• Female Offenders • Indigenous Offenders • Protective Factors • Issues with Instruments • Use of Research • Desistance From Crime

Copyright © 2022 Pearson Canada Inc. 10 - 27

Where is the Theory?

• More attention on WHY risk factors are linked to violence is needed • Coping-relapse model of criminal recidivism – Environmental triggers – Cognitive appraisal – Individual influences – Coping and response mechanisms

Copyright © 2022 Pearson Canada Inc. 10 - 28

Female Offenders (1 of 2) • Gender differences in criminality – Women engage in less crime – Women arrested for different crimes – Women receive higher rates of conditional release – Childhood victimization more prevalent in female offenders – Mental disorders more prevalent in female offenders

Copyright © 2022 Pearson Canada Inc. 10 - 29

Female Offenders (2 of 2) • More similarities in risk factors for men and women than differences • Gender-specific risk factors – History of self-injury – Self-esteem problems • Predictive validity of assessment instruments with female offenders – LSI-R has predictive validity

Copyright © 2022 Pearson Canada Inc. 10 - 30

Indigenous Offenders • Indigenous people overrepresented in justice system • Commonly used risk factors generally applicable – Lower accuracy rates for some scales – Best predictors may be different for Indigenous offenders • Culturally-relevant risk factors have not been explored sufficiently

Copyright © 2022 Pearson Canada Inc. 10 - 31

Protective Factors • Mitigate or reduce likelihood of negative outcomes – e.g. delinquency, aggression • Help explain why people with risk factors do not offend • Protective factors include – Prosocial involvement – Strong social supports – Employment stability – Positive social orientation – Strong attachments – Intelligence

Copyright © 2022 Pearson Canada Inc. 10 - 32

Issue with Instruments • Instruments only provide probability statements about group data – Difficult to apply to individual level • Evaluators do not agree on categorization of risk levels • Measures may not generalize to other countries/populations – Need to validate in community where it is used • Use language that can interpreted by decision makers – e.g., judges, jurors

Copyright © 2022 Pearson Canada Inc. 10 - 33

Use of Research • Many practitioners are not using assessment instruments – Gap in integrating the science with the clinical practice • Do not always use the entire instrument • Courts rely heavily on subjective clinical judgment

Copyright © 2022 Pearson Canada Inc. 10 - 34

Desistance From Crime • Process of ceasing to engage in criminal behaviour • Little research on why offenders stop committing crime • Factors relating to desistance – Age – Employment – Marital relationships

Copyright © 2022 Pearson Canada Inc. 10 - 35

Forensic Psychology Sixth Edition

Chapter 11 Psychopaths

Copyright © 2022 Pearson Canada Inc. 11 - 1

Learning Objectives 1. Define psychopathy and describe the different assessment methods developed to measure psychopathy 2. Summarize research done in the community and the implications for legal and forensic use of psychopathy 3. Describe the association between psychopathy and violence, including sexual violence 4. Describe the effectiveness of treatment for adult psychopaths 5. Identify concerns associated with labelling a youth a psychopath 6. Summarize the nature vs. nurture debate relating to psychopathy 7. Explain the two main theories of psychopathy

Copyright © 2022 Pearson Canada Inc. 11 - 2

Psychopathy: Definition • Personality disorder defined by a collection of interpersonal, affective, and behavioural characteristics – Manipulation, lack of remorse, impulsivity, etc.

– “Intraspecies predators” • Descriptions of psychopathy exist in most cultures

Copyright © 2022 Pearson Canada Inc. 11 - 3

LO1: Assessment of Psychopathy • Assessment Methods: PCL-R • Assessment Methods: Self-Report Measures • Antisocial Personality Disorder (APD)

Copyright © 2022 Pearson Canada Inc. 11 - 4

Assessment Methods: PCL-R (1 of 2) • Cleckley’s Mask of Sanity book – 16 features of psychopaths • Hare’s Psychopathy Checklist-Revised (PCL-R) – Most popular method of assessing psychopathy in adults • Structure – 20-item scale – Semi-structured interview and review of file information – Interpersonal (e.g. manipulativeness), affective (e.g. lack of remorse), and behavioural (e.g. antisocial acts) features

Copyright © 2022 Pearson Canada Inc. 11 - 5

Assessment Methods: PCL-R (2 of 2) • Scores range from 0 to 40 • Original PCL-R consisted of two correlated factors: – Factor 1: interpersonal, affective traits – Factor 2: unstable and socially deviant traits • Newer research suggests 3 or 4 factor models

Copyright © 2022 Pearson Canada Inc. 11 - 6

Assessment Methods: Self-Report Measures (1 of 2) • Advantages – Measure attitudes and emotions that cannot be easily observed – Easy to administer and score, relatively inexpensive – Do not require inter-rater reliability – Can detect faking (good and bad) • Challenges – Psychopaths often lie, manipulate and malinger – May not have sufficient insight into their own traits – Difficulty reporting on emotions they don’t experience Copyright © 2022 Pearson Canada Inc. 11 - 7

Assessment Methods: Self-Report Measures (2 of 2) • Psychopathic Personality Inventory–Revised (PPI-R) – 154 items; offender and community samples – Eight content and two validity scales – Two factors (fearless dominance and self-centered impulsivity) • Self-Report Psychopathy Scale (SRP) – 64 items; community samples – Four factors (erratic lifestyle, callous affect, interpersonal manipulation, criminal tendencies)

Copyright © 2022 Pearson Canada Inc. 11 - 8

Antisocial Personality Disorder (APD) • A personality disorder characterized by a history of behaviours in which the rights of others are violated • There are 7 adult symptoms including – Engaging in criminal activity – Risk taking – Being deceitful – Having little guilt for one’s behaviours

Copyright © 2022 Pearson Canada Inc. 11 - 9

Antisocial Personality Disorder • APD, psychopathy, and sociopathy are often used interchangeably – They are related but distinct constructs – APD focuses primarily on behaviour • Almost all psychopathic offenders can be classified as having APD • Most offenders diagnosed with APD are not psychopaths

Copyright © 2022 Pearson Canada Inc. 11 - 10

LO2: Psychopaths in the Community • Psychopaths in the Community: Prevalence • Psychopaths in the Community: Business • Psychopathy and Law Enforcement • Forensic Use of Psychopathy

Copyright © 2022 Pearson Canada Inc. 11 - 11

Psychopaths in the Community: Prevalence • Use Psychopathy Checklist-Screening Version (PCL-SV) – 12 items; less emphasis on criminal behaviour • Psychopathy is rare in the community – Most score a 0 – ~1% would be considered potentially psychopathic

Copyright © 2022 Pearson Canada Inc. 11 - 12

Psychopaths in the Community: Business • Not all psychopaths are violent offenders – Root of many company problems – Spread rumours, manipulative, blamed others, etc.

• One study found 5% of corporate professionals met psychopathy criteria – Create toxic work environment • Males tend to score higher • Most people get information regarding psychopathy from media – Associate with violent offenders

Copyright © 2022 Pearson Canada Inc. 11 - 13

Psychopathy and Law Enforcement (1 of 2) • Psychopaths engage in high rates of crime – Often interact with the police – Almost half of police killers had traits consistent with psychopathy • Psychopathic suspects are difficult to interrogate as they: – Try to outwit – Enjoy being the focus of investigation – Attempt to control the interrogation – Will not be fooled by bluffs – Attempt to shock

Copyright © 2022 Pearson Canada Inc. 11 - 14

Psychopathy and Law Enforcement (2 of 2) • In order to question effectively interview must – Ensure familiarity with the case – Convey experience and confidence – Show liking or admiration – Avoid criticism – Avoid conveying emotions

Copyright © 2022 Pearson Canada Inc. 11 - 15

Forensic Use of Psychopathy • Expert testimony used in range of cases – Parole eligibility, death penalty hearings, etc.

– Associated with increased severity of disposition • Psychopathy does not meet the insanity defense – Appreciate nature of act and know it is wrong • Adversarial allegiance – Expert influenced by who hired them

Copyright © 2022 Pearson Canada Inc. 11 - 16

LO3: Psychopathy and Violence • Psychopathy and Violence • Psychopathy and Violence: Characteristics • Psychopathy and Sexual Violence

Copyright © 2022 Pearson Canada Inc. 11 - 17

Psychopathy and Violence • Account for a large proportion of all crime committed – Lack characteristics that inhibit aggression and violence • Psychopaths – Start their criminal careers younger – Persist longer and commit a greater variety of crime – Engage in more violent crime – More likely to reoffend – Do not commit homicide at higher rates than nonpsychopaths

Copyright © 2022 Pearson Canada Inc. 11 - 18

Psychopathy and Violence: Characteristics • Psychopathic violence is more likely to be: – Predatory – Instrumental – Callous – Calculated – Not reactive in nature – Targeted at strangers • Much more likely to commit instrumental homicides

Copyright © 2022 Pearson Canada Inc. 11 - 19

Psychopathy and Sexual Violence • Psychopathy less strongly associated with sexual offending • Report positive feelings prior to sexual offences – Nonpsychopaths report anxiety and alienation • Psychopathy related to sexual sadism

Copyright © 2022 Pearson Canada Inc. 11 - 20

LO4: Psychopathy and Treatment • Effectiveness of Treatment • Psychopathy and Treatment

Copyright © 2022 Pearson Canada Inc. 11 - 21

Effectiveness of Treatment • One study used intensive therapeutic program over two years – Followed for ten years after release • Violent recidivism rates were – Untreated nonpsychopaths = 39% – Treated nonpsychopaths = 22% – Untreated psychopaths = 55% – Treated psychopaths = 77% • Treatment to date has not worked with psychopaths

Copyright © 2022 Pearson Canada Inc. 11 - 22

Psychopathy and Treatment • Psychopathic sex offenders reoffended less if they stay in treatment • Effective treatment must be: – Intensive – Targeted toward criminogenic needs – Based on cognitive behavioural approach • More research needed to identify effective treatment options

Copyright © 2022 Pearson Canada Inc. 11 - 23

LO5: Psychopathy in Youth • Assessing Psychopathy in Youth • Psychopathy in Youth: Labelling • Psychopathy in Youth: Stability • Psychopathy in Youth: Behaviour • Psychopathy in Youth: Treatment

Copyright © 2022 Pearson Canada Inc. 11 - 24

Assessing Psychopathy in Youth • Two ways to assess psychopathic traits in youth – Antisocial Process Screening Device (APSD) ▪ Observer rating scale to assess psychopathic traits in children – Hare Psychopathy Checklist: Youth Version (PCL:YV) ▪ Scale designed to measure psychopathic traits in adolescents

Copyright © 2022 Pearson Canada Inc. 11 - 25

Psychopathy in Youth: Labelling • Several issues with labeling a youth as a psychopath – Stigma and harsher treatment in the criminal justice system • Mock jurors were more likely to – Support death penalty for psychopathic offenders (adult & youth) – Less likely to support death penalty for youth vs. adult

Copyright © 2022 Pearson Canada Inc. 11 - 26

Psychopathy in Youth: Stability • Are psychopathic traits in youth stable?

– Fairly high stability across a 4-year period – Moderate stability in traits from ages 13 to 24 – Moderate trait stability from childhood to age 48 with largest change during adolescence

Copyright © 2022 Pearson Canada Inc. 11 - 27

Psychopathy in Youth: Behaviour • Boys who score higher on APSD – More contact with the police – More conduct problems • Youth who score high on PCL:YV – Begin criminal behaviours younger – Engage in more violence – Are at greater risk to reoffend once released

Copyright © 2022 Pearson Canada Inc. 11 - 28

Psychopathy in Youth: Treatment • Youth with psychopathic traits may be more responsive to intervention • Intensive treatment vs. correctional treatment – Correctional violently reoffended 2x as much as intensive • Parent–Child Interaction Therapy with young children – Reduce callous-unemotional (CU) traits – Decreased conduct problems and increase empathy

Copyright © 2022 Pearson Canada Inc. 11 - 29

L O6: Nature vs. Nurture • Nature vs. Nurture in Psychopathy • Does Family Matter?

Copyright © 2022 Pearson Canada Inc. 11 - 30

Nature vs. Nurture in Psychopathy • Nature – Innate characteristics • Nurture – Personal experiences and environment • Studies using identical and fraternal twins – Evidence to suggest strong genetic contribution to psychopathy – 29%-69% of variance in studies

Copyright © 2022 Pearson Canada Inc. 11 - 31

Does Family Matter?

• The Cambridge Study in Delinquent Development – 40-year prospective study – Age 8 to 48 • Men scoring over 10 or more on PCL-R – 97% had been convicted of an offense – 49% were considered chronic offenders • Common predictors of adult psychopathy – Having a criminal or uninvolved parent – Low family income – Physical neglect

Copyright © 2022 Pearson Canada Inc. 11 - 32

LO7: Theories of Psychopathy • Response Modulation Deficit Theory • Affective Theory of Psychopathy

Copyright © 2022 Pearson Canada Inc. 11 - 33

Response Modulation Deficit Theory • Response Modulation Deficit Theory: – Psychopaths fail to use contextual cues that are peripheral to a dominant response set to modulate their behaviour – Do not pay attention to cues that would inhibit behaviours – Fail to learn to avoid punishment

Copyright © 2022 Pearson Canada Inc. 11 - 34

Affective Theory of Psychopathy (1 of 2) • Affective Theory of Psychopathy – Psychopaths have a deficit in the experience of certain critical emotions that guide prosocial behaviour • Lexical-decision task – Non-psychopaths identified emotional words faster – Psychopaths did not show this advantage for emotional words • Other tasks used to assess affective deficits – Identifying affect in voices, startle reflex to stimuli

Copyright © 2022 Pearson Canada Inc. 11 - 35

Affective Theory of Psychopathy (2 of 2) • Researchers have proposed an amygdala dysfunction theory – Amygdala helps regulate emotions and emotional memory – Linked to aggression and defensive reactions – Explains affective deficits seen in psychopaths • Others propose an attention deficit explanation • Complex disorder that cause substantial damage to society – Progress made but more research needed

Copyright © 2022 Pearson Canada Inc. 11 - 36

Forensic Psychology Sixth Edition

Chapter 12 Assessment and Treatment of Young Offenders

Copyright © 2022 Pearson Canada Inc. 12 - 1

Learning Objectives 1. Describe the history of young offender legislation 2. Provide an overview of youth crime rates 3. Identify the psychiatric diagnoses and their trajectories relevant to young offenders 4. Differentiate among the theories of antisocial behaviour 5. List the risk factors associated with externalizing disorders in youth 6. List the protective factors associated with prosocial behaviour 7. Distinguish among primary, secondary, and tertiary interventions for children, youth, and young offenders

Copyright © 2022 Pearson Canada Inc. 12 - 2

LO1: History of Young Offender Legislation • Historical Overview • Young Offenders Act (YOA) • Youth Criminal Justice Act (YCJA) • YCJA: Naming Youth • YCJA: Sentencing Options

Copyright © 2022 Pearson Canada Inc. 12 - 3

Historical Overview • Historically youth treated as adults within the criminal justice system • Juvenile Delinquents Act (JDA) in 1908 – Separate court system for youth – Minimum age of 7 to be charged with criminal offence – Sentencing discretion and options increased – Parents encouraged to be part of process • Some criticisms of the J DA – Services not always provided – Rights not always given – Open-ended sentences

Copyright © 2022 Pearson Canada Inc. 12 - 4

Young Offenders Act (YOA) • Replaced JDA in 1984 – Youth are held accountable but not to the full extent as adults – Recognized developmental differences for youths – Public has right to be protected – Young offenders have same legal rights and freedoms – Minimum age of 12 to be charged with criminal offence • Also allowed for diversion in sentencing • Multiple amendments since its inception • Criticized for light sentences in cases of violent crimes

Copyright © 2022 Pearson Canada Inc. 12 - 5

Youth Criminal Justice Act (YCJA) • Replaced YOA in 2003 • Three main objectives – To prevent youth crime – Provide meaningful consequences and encourage responsibility – Improve rehabilitation and reintegration into the community • Emphasis of extrajudicial measures instead of formal sentences – e.g., warnings, referral to treatment

Copyright © 2022 Pearson Canada Inc. 12 - 6

YCJA: Naming Youth • Name of youth only reported to public under special circumstances: – 14–17 years old and convicted of serious, violent offences – Youth is considered dangerous – Youth has not been apprehended yet • Can be difficult to monitor release of information – e.g., social media

Copyright © 2022 Pearson Canada Inc. 12 - 7

YCJA: Sentencing Options • Sentencing options have increased – e.g., Reprimand, attendance order, deferred custody • Other key changes – Less serious/violent offences should be kept out of formal processes – Greater focus on prevention/reintegration – Transfers to adult court removed; adult sentence can be imposed – Interests and needs of victims recognized

Copyright © 2022 Pearson Canada Inc. 12 - 8

LO2: Youth Crime Rates • Youth Crime Rates

Copyright © 2022 Pearson Canada Inc. 12 - 9

Youth Crime Rates • Total number of crimes by youth decreasing • Probation is the most frequent sentence • Proportion of cases resulting in a guilty outcome has decreased

Copyright © 2022 Pearson Canada Inc. 12 - 10

LO3: Assessment of Young Offenders • Assessing Those Under Age 12 • Assessing the Adolescent • Rates of Behaviour Disorders • Trajectories of Young Offenders

Copyright © 2022 Pearson Canada Inc. 12 - 11

Assessing Those Under Age 12 • Clinician receives consent from parent and child • Internalizing problems – emotional difficulties (e.g., depression) • Externalizing problems – behavioural difficulties (e.g., delinquency) • Childhood psychiatric diagnoses: – Attention-deficit hyperactivity disorder (ADHD) – Oppositional defiant disorder (ODD) – Conduct Disorder (CD)

Copyright © 2022 Pearson Canada Inc. 12 - 12

Assessing the Adolescent • Court-ordered assessment – no consent/assent required • Determine level of risk for reoffending and danger to others • Risk factors may vary for youth vs. adults – Context vs. character • Use developmentally appropriate measures

Copyright © 2022 Pearson Canada Inc. 12 - 13

Rates of Behaviour Disorders • Worldwide prevalence rates for disruptive disorders are 5.7% • Behavioural disorders often co-occur – 20% to 50% of children with ADHD also CD/ODD symptoms

Copyright © 2022 Pearson Canada Inc. 12 - 14

Trajectories of Young Offenders • Child-onset, life-course persistent – Early onset related to serious/persistent adult antisocial behaviour – 3% to 5% of general population • Adolescent-onset, adolescent limited – About 70% of general population – Common for youth to desist antisocial behaviour

Copyright © 2022 Pearson Canada Inc. 12 - 15

LO4: Theories of Antisocial Behaviour • Biological theories • Cognitive theories • Social theories

Copyright © 2022 Pearson Canada Inc. 12 - 16

Biological Theories • Frontal lobe functioning – Responsible for planning and inhibiting behavior • Physiological – Slower heart rates for youth who engage in antisocial behaviour • Genetic studies/biological link – Antisocial father, more likely to engage in antisocial behaviour

Copyright © 2022 Pearson Canada Inc. 12 - 17

Cognitive Theories • Cognitive deficits and distortions – Misattribute hostile intent • Limited problem-solving skills • Reactive aggression – Emotionally aggressive response to perceived threat • Proactive aggression – Directed at achieving a goal – Related to life-course persistent offending

Copyright © 2022 Pearson Canada Inc. 12 - 18

Social Theories • Social learning theory – Learning from watching others in the social environment – Imitate behaviour that receives reinforcement • Intergenerational aggression • Can also learn from media sources – Television, video games, etc.

– Not all research has found a link

Copyright © 2022 Pearson Canada Inc. 12 - 19

LO5: Risk Factors • Individual Risk Factors • Familial Risk Factors • School and Social Risk Factors

Copyright © 2022 Pearson Canada Inc. 12 - 20

Individual Risk Factors • Genetic/biological factors – Parent’s own history of ADHD – Pregnant woman’s use of drugs and alcohol – Child’s diet and exposure to lead – Child’s temperament – Child’s impulsiveness

Copyright © 2022 Pearson Canada Inc. 12 - 21

Familial Risk Factors • Parenting: Neglect and insecure attachment • Divorce and familial conflict • Inconsistent and overly strict parents • Parental heavy drinking • Consequences of child abuse • Low socioeconomic status, large family size, parental mental health

Copyright © 2022 Pearson Canada Inc. 12 - 22

School and Social Risk Factors • Reading problems and lower intelligence • Aggressive peers • Early CD symptoms • Social disapproval and rejection • Involvement in gangs or gang activities

Copyright © 2022 Pearson Canada Inc. 12 - 23

LO6: Protective Factors • Protective Factors: Usefulness • Individual Protective Factors • Familial Protective Factors • Social/External Protective Factors

Copyright © 2022 Pearson Canada Inc. 12 - 24

Protective Factors: Usefulness • Some youth demonstrate resilience despite risk factors – May have certain protective factors • Protective factors can be useful by – Reducing negative outcome by changing the risk level – Changing the negative chain reaction following exposure to risk – Developing and maintaining self-esteem and selfefficacy – Providing opportunities that they would not otherwise have

Copyright © 2022 Pearson Canada Inc. 12 - 25

Individual Protective Factors • Resilient temperaments – Exceptional social skills – Child competencies – Confident perceptions, values, attitudes and beliefs • Social support influenced by personality of the child • Motivation to change important

Copyright © 2022 Pearson Canada Inc. 12 - 26

Familial Protective Factors • Positive aspects of parents/guardians and home environment – Supportive parental relationship – Highly involved parents • Good parent-child relationship is protective factor

Copyright © 2022 Pearson Canada Inc. 12 - 27

Social/External Protective Factors • Peer groups have strong effect on child outcomes – Deviant peers risk factor for antisocial behaviour • Associating with prosocial children protective factor

Copyright © 2022 Pearson Canada Inc. 12 - 28

LO7: Prevention, Intervention, and Treatment • Primary Intervention Strategies: Family • Primary Intervention Strategies: School • Primary Intervention Strategies: Community • Secondary Intervention Strategies • Tertiary Intervention Strategies

Copyright © 2022 Pearson Canada Inc. 12 - 29

Primary Intervention Strategies: Family • Implemented prior to any violence occurring – Goal: Decrease likelihood that violence will occur • Parent-focused interventions – Assist parents to recognize warning signs for later violence • School oriented strategies – Connect families to support services – e.g., Project Head Start • Positive results for youth/families to complete training – Very high dropout rates

Copyright © 2022 Pearson Canada Inc. 12 - 30

Primary Intervention Strategies: School • School is common environment for primary interventions • Preschool programs – e.g., Project Head Start • Social skills and thought process training • Broad-based social interventions that alter school settings • Short-term positive outcomes, long-term outcomes less clear

Copyright © 2022 Pearson Canada Inc. 12 - 31

Primary Intervention Strategies: Community • Stop Now And Plan (SNAP) program – Cognitive behavioural self-control and problem-solving training – Parenting group that teaches child management strategies – One-on-one family counselling – Individual befriending for children who require additional support – Academic tutoring where needed • Led to significant reduction in aggressive and externalizing behaviours – Less contact with criminal justice system Copyright © 2022 Pearson Canada Inc. 12 - 32

Secondary Intervention Strategies (1 of 2) • Youth already demonstrating problematic behaviour – Provide social and clinical services to limit future violence • Many of the same approaches as in primary intervention strategies – Target of program vs. content of program • Common examples include: – Diversion programs – Alternative and vocational education – Family therapy – Skills training

Copyright © 2022 Pearson Canada Inc. 12 - 33

Secondary Intervention Strategies (2 of 2) • Multisystemic Therapy (MST) – Examines children across the systems in which they live • No difference compared to standard services – May have short-term impact • Meta-analysis: Small impact on juvenile delinquency – Moderated by treatment quality and duration

Copyright © 2022 Pearson Canada Inc. 12 - 34

Tertiary Intervention Strategies • Youth already processed through court process • Attempt to minimize existing risk factors and develop protective factors – More “treatment” than prevention – Directed at chronic and serious young offenders • In-patient treatment (e.g., institutional) – Retribution approach • Community-based treatment – Rehabilitation approach

Copyright © 2022 Pearson Canada Inc. 12 - 35

Forensic Psychology Sixth Edition

Chapter 13 Intimate Partner Violence

Copyright © 2022 Pearson Canada Inc. 13 - 1

Learning Objectives 1. Differentiate among forms of abuse and describe the measurement and prevalence of intimate partner violence 2. Outline the different theories used to explain intimate partner violence 3. Explain why some women remain in, or return to, abusive relationships and the link between pet abuse and intimate violence 4. Describe the various types of batterers and victim 5. Outline the criminal justice response and effectiveness of intimate partner violence offender treatment 6. Define stalking and identify the various types of stalkers Copyright © 2022 Pearson Canada Inc. 13 - 2

Domestic Violence • Domestic Violence – Any violence occurring between family members – Historically was tolerated • Intimate Partner Violence – Violence between intimate partners living together or separated – Also known as Spousal Violence

Copyright © 2022 Pearson Canada Inc. 13 - 3

LO1: Types of Violence and Measurement • Types of Violence • Measures of Intimate Partner Violence • Revised Conflict Tactics Scale (CTS2) • Intimate Partner Violence • Dating Violence in University Students

Copyright © 2022 Pearson Canada Inc. 13 - 4

Types of Violence • Abuse can include – Physical ▪ E.g., hitting, punching, stabbing, burning – Sexual – Financial ▪ E.g., restricting access to personal funds, stealing – Emotional ▪ E.g., verbal attacks, degradation, isolation from family

Copyright © 2022 Pearson Canada Inc. 13 - 5

Measures of Intimate Partner Violence Table 13.1 CTS2 Scales, What Each Scale Measures, and Example Items Scale Name

Measurement

Example Item

Negotiation scale

Constructive problem solving

Suggesting a compromise dur ng an argument

Psychological scale

Verbal/indirect aggression

Swearing, threatening to hit

Physical assault scale

Physical aggression

Slapping, hitting

Sexual coercion scale

Sexual aggression

Forcing partner to have sex

Injury scale

Consequences of aggression

Visits to a doctor because of partner’s aggression

Copyright © 2022 Pearson Canada Inc. 13 - 6

Revised Conflict Tactics Scale (CTS2) (1 of 2) • Meta-analyses of CTS scales found: – Females engage in minor physical aggression, males more severe – Males and females engage in equal rates of violence – Males are more likely to underreport – Females more likely to use verbal aggression

Copyright © 2022 Pearson Canada Inc. 13 - 7

Revised Conflict Tactics Scale (CTS2) (2 of 2) • Criticisms of the CTS2: – Does not include all potential violent acts – Ignores different consequences for same act for men and women – Does not assess motive for violence

Copyright © 2022 Pearson Canada Inc. 13 - 8

Intimate Partner Violence (IPV) • Large-scale Canadian survey in 2014 – 1% of men and women experienced physical or sexual assault in the past year – Rates appear to be declining over the past decade – Violence rarely reported to the police • Indigenous respondents report much higher rates (~2X) – Reported more experience with abuse as children

Copyright © 2022 Pearson Canada Inc. 13 - 9

Dating Violence in University Students Table 13.3 Rates of Violence as Reported by Canadian University Students Measure

Women (%)

Men (%)

Perpetration of any assault

23.6

25.1

Victim of any assault

19.5

28.3

Perpetration of serious assault

3.0

15.5

Victim of serious assault

3.7

15.3

Perpetration of sexual coercion

20.7

32.4

Victim of sexual coercion

28.6

27.9

Copyright © 2022 Pearson Canada Inc. 13 - 10

LO2: Theories of Intimate Violence • Patriarchy • Social Learning Theory • Evolutionary Psychology Theory

Copyright © 2022 Pearson Canada Inc. 13 - 11

Patriarchy • Cultural beliefs and values that support male dominance of woman • Cannot explain all aspects of intimate violence – e.g., female-initiated violence

Copyright © 2022 Pearson Canada Inc. 13 - 12

Social Learning Theory • Origins of aggression – Observational learning of rewarded behaviour – Family, subculture, media • Instigators of aggression – Events in environment that act as stimuli for behaviour – Aversive and incentive • Regulators of aggression – Behaviour is regulated by its consequences – External (e.g., arrested) – Self-punishment (e.g., remorse)

Copyright © 2022 Pearson Canada Inc. 13 - 13

Evolutionary Psychology Theory • Takes the evolutionary history of the species into account • Selective pressures – Environmental circumstances that present opportunities for new genes with survival advantages to develop • Selective pressures in intimate partner relationships include – Losing access to resources from the relationship – Events that threaten access to those resources

Copyright © 2022 Pearson Canada Inc. 13 - 14

LO3: Staying in Abusive Relationships • Why Do Battered Women Stay?

• Pet Abuse and Intimate Violence

Copyright © 2022 Pearson Canada Inc. 13 - 15

Why Do Battered Women Stay? (1 of 2) • Many myths exist – Has desire to be beaten, emotionally disturbed, etc.

• Cycle of violence – Tension-building phase – Acting-out phase – Honeymoon phase

Copyright © 2022 Pearson Canada Inc. 13 - 16

Why Do Battered Women Stay? (2 of 2) • Reasons for staying and/or returning – For the children – Partner’s promise of change – Give the relationship another chance – Lack of money or a place to go • Barriers that exist for victims: – Environmental (e.g., resources such as money) – Social (e.g., don’t want children to suffer) – Psychological (e.g., feel safer as they know what abuser is doing)

Copyright © 2022 Pearson Canada Inc. 13 - 17

Pet Abuse and Intimate Violence • High rates of pet abuse for males involved in IPV – ~50% vs. ~1% in general population • Source of emotional support for victims • May delay leaving out of concern for pet’s welfare

Copyright © 2022 Pearson Canada Inc. 13 - 18

LO4: Types of Batterers and Victims • Typologies of Male Batterers • Typology of Battered Women

Copyright © 2022 Pearson Canada Inc. 13 - 19

Typologies of Male Batterers (1 of 4) • Categories based on severity of violence, generality of violence, and personality disorder characteristics • Three Categories – Family-only batterer (about 50%) – Dysphoric/borderline batterer (about 25%) – Generally violent/antisocial batterer (about 25%)

Copyright © 2022 Pearson Canada Inc. 13 - 20

Typologies of Male Batterers (2 of 4) • Family-only batterer – Engages in least amount of violence – Not violent outside the home – Does not engage in other criminal behaviour – Does not show much psychopathology – Does not have attitudes supportive of violence

Copyright © 2022 Pearson Canada Inc. 13 - 21

Typologies of Male Batterers (3 of 4) • Dysphoric/borderline batterer – Engages in moderate to severe violence – Exhibits extra-familial violence and criminal behaviour – Displays the most depression and borderline personality traits – Moderate impulsivity problems and drug/alcohol abuse

Copyright © 2022 Pearson Canada Inc. 13 - 22

Typologies of Male Batterers (4 of 4) • Generally violent/antisocial batterer – Engages in moderate to severe violence – Engages in violence outside of the home and criminal behaviour – Has antisocial and narcissistic personality features – Alcohol and drug problems – High levels of impulse control problems

Copyright © 2022 Pearson Canada Inc. 13 - 23

Typology of Battered Women (1 of 2) • Level 1/Short-Term – Mild to moderate levels of abuse resulting in few injuries – Leave the relationship after one to three abusive experiences • Level 2/Intermediate – Experience 3 to 15 incidents of violence – Initially mild violence that escalates (broken bones, stiches, etc.)

– Leave relationship after a severe abusive incident

Copyright © 2022 Pearson Canada Inc. 13 - 24

Typology of Battered Women (2 of 2) • Level 3/Intermittent Long-Term – Experience 4 to 30 incidents of severe violence – Stay in the relationship until the children leave home • Level 4/Chronic – Experience several hundred incidents of severe violence.

– Abuse ends when the husband is arrested, hospitalized, or dies • Level 5/Homicidal – Experience life-threatening injuries and explicit death threats – Relationship ends when the woman kills her batterer Copyright © 2022 Pearson Canada Inc. 13 - 25

LO5: Criminal Justice Response • Mandatory Charging Policies • Treatment of Male Batterers • Treatment Effectiveness

Copyright © 2022 Pearson Canada Inc. 13 - 26

Mandatory Charging Policies • Historically seen as private family matter • Mandatory charging policies – Police have authority to lay charges – Victims may be hesitant due to fear of future violence • Arrest policies greatly increased arrest rates – Long-term impact on violence limited

Copyright © 2022 Pearson Canada Inc. 13 - 27

Treatment of Male Batterers (1 of 2) • Feminist psychoeducational group therapy – Duluth Model – Focus on patriarchal ideology – Punitive and blaming orientation – High drop-out rate • Criticisms – Only focuses on violence done by men to women – Violence viewed as one-sided – Shaming vs. building a bond – Limited effectiveness

Copyright © 2022 Pearson Canada Inc. 13 - 28

Treatment of Male Batterers (2 of 2) • Cognitive-behavioural therapy – Violence as a learned behaviour – Goal of treatment is to focus on costs and alternatives to violence – Provides anger-management and communication-skills training – Attitudes toward control and dominance

Copyright © 2022 Pearson Canada Inc. 13 - 29

Treatment Effectiveness • Meta-analysis of treatment – Duluth model, cognitive-behavioural, and other – No differences in efficacy across type of treatment – Small treatment effects were reported • Completion of programs can reduce likelihood of re-arrest by half – Employment, age, referral predict completion • Match batterer type with specific treatment

Copyright © 2022 Pearson Canada Inc. 13 - 30

LO6: Stalking • Stalking: Definition • Likelihood of Violence?

• Impact on Victim • Categories of Stalkers • Who is Vulnerable to Stalking?

Copyright © 2022 Pearson Canada Inc. 13 - 31

Stalking: Definition • Criminal harassment – Repeatedly following, communicating with, watching, or threatening a person directly or indirectly – Includes cyberstalking • Prevalence – Victims likely to be female, young, and vulnerable – More common in university students than general public – Most stalkers know their victims

Copyright © 2022 Pearson Canada Inc. 13 - 32

Likelihood of Violence?

• Violence is common in stalking cases • Clinical variables – Substance-abuse disorder, personality disorder, absence of a psychotic disorder • Case-related variables – Former intimate relationship between offender and victim and threats toward the victims

Copyright © 2022 Pearson Canada Inc. 13 - 33

Impact on Victim • Stalking victims experience variety of negative outcomes – Intense stress and anxiety – Sleep problems and depression • Often change behaviour for protection – Unlisted phone number, avoid certain places/people • May obtain restraining order – Often violated

Copyright © 2022 Pearson Canada Inc. 13 - 34

Categories of Stalkers (1 of 2) • Intimate stalker – Most come type – Was involved in intimate relationship with victim – Frequently approaches and threatens the victim • Acquaintance stalker – Rare type – Victim is acquaintance and wants relationship – Persistent but direct violence is rare

Copyright © 2022 Pearson Canada Inc. 13 - 35

Categories of Stalkers (2 of 2) • Public figure stalker – Relatively rare type – No relationship with victim but has intense feelings – Less likely to contact or be violent • Private stranger stalker – Rare type – Wants relationship with victim – Engages in threats that can escalate to physical violence

Copyright © 2022 Pearson Canada Inc. 13 - 36

Who Is Vulnerable to Stalking?

• Politicians – 30% of Canadian politicians reported harassment • Doctors – 15% of Canadian sample reported being stalked by their patients – Psychiatrists had the highest prevalence (26%) • Faculty members – 25% of faculty in US survey reported stalking – Psychological disorder, romantic, dissatisfied with grade

Copyright © 2022 Pearson Canada Inc. 13 - 37

Forensic Psychology Sixth Edition

Chapter 14 Sexual Offenders

Copyright © 2022 Pearson Canada Inc. 14 - 1

Learning Objectives 1. Describe the nature, prevalence, and consequences of sexual offences 2. Identify the types of sexual offenders and different typologies of rapists and contact and online child abusers 3. Describe the unique characteristics of adolescent, female, and Indigenous sexual offenders 4. Describe the different theories used to explain sexual aggression 5. Outline treatment targets for sexual offenders 6. Describe the effectiveness of treatment for sexual offenders

Copyright © 2022 Pearson Canada Inc. 14 - 2

LO1: Nature, Prevalence, & Consequences • Sexual Assault: Definition • Extent of Sexual Offending • Consequences for Victims • Rape Myths

Copyright © 2022 Pearson Canada Inc. 14 - 3

Sexual Assault: Definition • Sexual Assault: Any nonconsensual sexual act by either a male or female person to either a male or female person, regardless of the relationship between the people involved • Three levels – Simple sexual assault – Sexual assault with a weapon or causing bodily harm – Aggravated sexual assault

Copyright © 2022 Pearson Canada Inc. 14 - 4

Extent of Sexual Offending (1 of 2) • Difficult to estimate as most sexual crimes are not reported – Up to 95% of adult victims do not report • 28,700 officially reported in 2018 – Increasing over the past several years – #MeToo – increased reporting vs. increased incidents • Demographics – Majority of victims were female – 8046 sexual assaults against children

Copyright © 2022 Pearson Canada Inc. 14 - 5

Extent of Sexual Offending (2 of 2) • Reasons for not reporting – Do not feel it is important enough – Fear revenge by perpetrator – Too personal/shameful – Do not want the hassle of the court/police process • Sexual misconduct prevalent in the military • Sex offenders typically have multiple victims – Much higher than capture by official records

Copyright © 2022 Pearson Canada Inc. 14 - 6

Consequences for Victims (1 of 2) • Serious psychological and physical consequences for victims – Stress, anxiety, fear, STDs, etc.

• Rape trauma syndrome: – Acute phase: ▪ Heightened levels of fear, anxiety, depression, and self-blame – Long-term phase (months to years): ▪ Development of phobias, chronic physical health problems etc.

• Post traumatic stress disorder (PTSD) and suicidality

Copyright © 2022 Pearson Canada Inc. 14 - 7

Consequences for Victims (2 of 2) • Why such a strong impact on victims?

– Often co-occurs with other trauma (IPV, child abuse, etc.)

– May receive less support after victimization – May have pre-existing psychopathologies – A highly personal crime • Also many societal costs – Medical costs, legal system costs, lost wages, etc.

Copyright © 2022 Pearson Canada Inc. 14 - 8

Rape Myths • Sexual assault is not a common problem • Sexual assault is most often committed by strangers • Women “ask for it” by the way they dress or act • Avoid being alone in dark, deserted places to protect yourself • Women lie about sexual assault

Copyright © 2022 Pearson Canada Inc. 14 - 9

LO2: Classification of Sexual Offenders • Classifying Sexual Offenders • Rapist Typologies: MTC:R3 • Rapist Typologies: Groth • Child Molester Typologies • Online Child Abuser Typologies

Copyright © 2022 Pearson Canada Inc. 14 - 10

Classifying Sexual Offenders (1 of 2) • Voyeurs – Observing unsuspecting people • Exhibitionists – Exposing genitals to strangers • Rapists – Sexually assault victims aged 16 years and older

Copyright © 2022 Pearson Canada Inc. 14 - 11

Classifying Sexual Offenders (2 of 2) • Pedophiles – Primary sexual orientation is toward children – May not commit offences against children • Child Molesters – Sexually molested a child • Two types of child molesters – Intra-familial (abuse own children; incest offender) – Extra-familial (abuse child outside the family)

Copyright © 2022 Pearson Canada Inc. 14 - 12

Rapist Typologies: M TC:R3 (1 of 2) • Opportunistic – Generally impulsive – No sexual fantasies or gratuitous violence – Controlled by situational factors • Pervasively angry – High level of anger toward men and women – Impulsive, uses unnecessary level of force and causes harm – No sexual fantasies

Copyright © 2022 Pearson Canada Inc. 14 - 13

Rapist Typologies: M TC:R3 (2 of 2) • Sexual – Primarily motivated by sexual fantasies • Sadistic – Like sexual but involves a sadistic element • Vindictive – Anger solely toward women – Goal is to degrade and demean the victim

Copyright © 2022 Pearson Canada Inc. 14 - 14

Rapist Typologies: Groth • Anger rapist (~50%) – High anger towards women – Uses more force than necessary; degrades victim • Power rapist (~40%) – Goal is Dominance and control – Varies in forces used; frequent rape fantasies • Sadistic rapist (~5%) – Gratification from inflicting injury; torture and sometimes death – Frequent violent sexual fantasies

Copyright © 2022 Pearson Canada Inc. 14 - 15

Child Molester Typologies • Fixated child molesters – Primary sexual orientation towards children – Male children as primary target; high recidivism – Emotionally immature, poor social skills, single – Typically lack remorse • Regressed child molesters – Primary sexual orientation towards adults – Victimize children they have access to – Offences impulsive and often related to substance abuse – Typically feel remorse

Copyright © 2022 Pearson Canada Inc. 14 - 16

Online Child Abuser Typologies • Internet increases ability to access and share child pornography • Three different types suggested – Trader (produces and distributes pornography) – Traveller (engages online and meets in person) – Trader/Traveller (engages in both) • Crossover effect – online to contact offending – Approximately 50% of online also engage in contact offending

Copyright © 2022 Pearson Canada Inc. 14 - 17

LO3: Adolescent, Female, & Indigenous • Adolescent Sex Offenders • Female Sex Offenders • Female Sex Offenders: Types • Female Sex Offenders: Solo vs. Co • Indigenous Sex Offenders

Copyright © 2022 Pearson Canada Inc. 14 - 18

Adolescent Sex Offenders • Adolescents commit – About 20% of rapes and 30–50% of child sexual abuse – History of sexual abuse and trauma is common – Social inadequacy, lack of intimacy, impulsiveness

Copyright © 2022 Pearson Canada Inc. 14 - 19

Female Sex Offenders • Only 2–5% of incarcerated sex offenders are female • Sexual abuse by females may be underestimated – Can disguise through caregiving – More likely to target own children, who don’t disclose – Boys more frequent target, less likely to disclose • Male victim may participate voluntarily

Copyright © 2022 Pearson Canada Inc. 14 - 20

Female Sex Offenders: Types • Teacher/lover – Do not believe action is wrong, often report romantic feelings • Male-coerced – Passive participant with their abusive male partner • Male-accompanied – Willing participant with male partner • Predisposed – Previously victimized, has deviant sexual fantasies

Copyright © 2022 Pearson Canada Inc. 14 - 21

Female Sex Offenders: Solo vs. Co • Solo offender – Male victim – Victim not a relative – Not a forced act • Co-offender – Female victim – Victim a relative – Often a forced act

Copyright © 2022 Pearson Canada Inc. 14 - 22

Indigenous Sex Offenders • Forty percent of Indigenous offenders have committed a sexual offence • Indigenous sexual offenders tend to: – Have lengthier criminal and substance abuse histories – Lower education – Higher unemployment rates – Commit crime under the influence of alcohol • Higher recidivism rates compared to general offender populations

Copyright © 2022 Pearson Canada Inc. 14 - 23

LO4: Theories of Sexual Aggression • Theories of Sexual Aggression • Theories of Sexual Aggression: Evolutionary

Copyright © 2022 Pearson Canada Inc. 14 - 24

Theories of Sexual Aggression • Finkelhor’s precondition model – Offender must be motivated – Lack of internal inhibitions – Overcome external inhibitors – Overcome child’s resistance • Integrated model of sexual aggression – Biological factors – Childhood experiences – Sociocultural influences – Situational events

Copyright © 2022 Pearson Canada Inc. 14 - 25

Theories of Sexual Aggression: Evolutionary • Behaviour a product of ancestral history • Rape as a mating strategy that resulted in a reproductive advantage • Lacks explanatory depth and difficult to test

Copyright © 2022 Pearson Canada Inc. 14 - 26

LO5: Assessment and Treatment • Sex Offender Treatment • Relapse Prevention • Self Regulation

Copyright © 2022 Pearson Canada Inc. 14 - 27

Sex Offender Treatment (1 of 2) • Most offenders deny or do not take full responsibility for actions • Treatment programs focus on – Recognizing denial, minimizations, and cognitive distortions – Empathy training – Enhancing social skills – Treating substance abuse problems – Modifying deviant sexual interests – Relapse prevention – Self-regulation

Copyright © 2022 Pearson Canada Inc. 14 - 28

Sex Offender Treatment (2 of 2) • Cognitive distortions – Beliefs that justify deviant behaviour • Empathy – Understanding impact of behaviour on the victim • Social skills – Anger control, self-esteem, communication • Deviant sexual interests – Penile phallometry and aversion therapy

Copyright © 2022 Pearson Canada Inc. 14 - 29

Relapse Prevention (1 of 2) • Consists of two main parts – Offenders list emotional and situational risk factors that lead to fantasizing or offending (e.g., watching children on playground) – Offenders develop plans to deal more appropriately with problems and avoid or cope with high risk situations

Copyright © 2022 Pearson Canada Inc. 14 - 30

Relapse Prevention (2 of 2) Figure 14.4 Sequence of Events Leading to Relapse in a Child Molester

Copyright © 2022 Pearson Canada Inc. 14 - 31

Self Regulation • Focuses on motivation for offending • Good Lives Model (GLM) – Develop and implement life plans incompatible with offending – Fulfill needs in unharmful ways

Copyright © 2022 Pearson Canada Inc. 14 - 32

LO6: Effectiveness of Treatment • Treatment Effectiveness • Sex Offender Treatment: Outcomes

Copyright © 2022 Pearson Canada Inc. 14 - 33

Treatment Effectiveness • Lack of consensus about whether treatment is effective • Incarceration does not appear to be a deterrent • Challenges for researchers – Conducting controlled studies – Sexual crime often not reported to police – Relatively low base rate of sexual recidivism

Copyright © 2022 Pearson Canada Inc. 14 - 34

Sex Offender Treatment: Outcomes • Meta-analyses showed – Sexual recidivism rates lower for treated offenders – Similar rates for both adolescent and adult offenders – Both institutional and community treatment effective – Effectiveness related to risk-need-responsivity principles – Cognitive behavioural approach most effective – Targeting dynamic risk important • Drop out rates often high • Surgical castration effective but has ethical concerns

Copyright © 2022 Pearson Canada Inc. 14 - 35

Forensic Psychology Sixth Edition

Chapter 15 Homicidal Offenders

Copyright © 2022 Pearson Canada Inc. 15 - 1

Learning Objectives 1. Describe the extent and nature of homicide in Canada 2. Describe the various types of homicide 3. Differentiate among serial, mass, and spree murders 4. Describe the theories used to explain homicidal behaviour 5. Describe the effectiveness of treatment for violent offenders

Copyright © 2022 Pearson Canada Inc. 15 - 2

L O1: Homicidal Violence • Homicidal Violence: Types • Extent of Homicidal Offences • Bimodal Classification of Homicide

Copyright © 2022 Pearson Canada Inc. 15 - 3

Homicidal Violence: Types • Four different types of homicides – First-degree murder (planned and deliberate) – Second-degree murder – Manslaughter (unintentional; in the heat of passion) – Infanticide (killing of a baby) • Different penalties for each

Copyright © 2022 Pearson Canada Inc. 15 - 4

Extent of Homicidal Offences • Homicide is quite rare representing – Less than 1% of violent crimes in Canada • Homicide rate has been declining since the 1990s • Most solved homicides committed by someone known to the victim • Nearly a quarter of all homicide victims were Indigenous (2014)

Copyright © 2022 Pearson Canada Inc. 15 - 5

Bimodal Classification of Homicide • Reactive (affective) – Impulsive; unplanned; response to perceived provocation – Victims are most often relatives – Approximately 80% of homicides • Instrumental (predatory) – Proactive; premeditated; motivated by a goal – Victims are most often strangers – Approximately 20% of homicides

Copyright © 2022 Pearson Canada Inc. 15 - 6

L O2: Types of Homicide • Filicide • Maternal Filicide • Familicide • Youth Who Kill • Spousal Killers • Sexual Homicides

Copyright © 2022 Pearson Canada Inc. 15 - 7

Filicide • Killing of children by parents – Neonaticide (baby within 24 hours of birth) – Infanticide (baby within 1st year of life) • Motivation varies based on age – Frustration – young victims – Argument – older victims

Copyright © 2022 Pearson Canada Inc. 15 - 8

Maternal Filicide • Neonaticides – Young, unmarried, hiding pregnancy

• Those committed by battering mothers – Impulsive in response to child’s behaviour, high stress levels

• Those committed by mothers with mental illness – Older, married, multiple victims, depression/psychosis • Postpartum mental illness may also play a role

– Particularly postpartum psychosis

Copyright © 2022 Pearson Canada Inc. 15 - 9

Familicide • Familicide is when a spouse and children are killed – Perpetrator almost always male – Often a history of spousal and child abuse – About half of these killers commit suicide • Despondent non-hostile killer – Depressed, limited past violence • Hostile accusatory killer – Hostility toward wife, past violence common

Copyright © 2022 Pearson Canada Inc. 15 - 10

Youth Who Kill • In 2014 the youth homicide rate was the lowest rate since 1984 • Youth offenders who commit homicide – Often have an accomplice – Often acquainted with their victim – Often commit the homicide while committing another crime • Three subtypes suggested – Psychotic (mental illness) – Conflict (engaged in argument) – Crime (during commission of another crime)

Copyright © 2022 Pearson Canada Inc. 15 - 11

Spousal Killers • Various terms for spousal homicides – Femicide: The killing of women – Uxoricide: The killing of a wife by a husband specifically – Androcide: The killing of men – Mariticide: The killing of a husband by a wife • Uxoricide is much more common than mariticide – Anger over estrangement/departure and jealousy – Husbands often use close contact methods – Often associated with use of excessive force

Copyright © 2022 Pearson Canada Inc. 15 - 12

Sexual Homicides • Killing that involves a sexual component • Most offenders – Late 20’s – Were white – Were single – Had diverse criminal histories – Victims involved in high-risk lifestyles (e.g., prostitution) – Used a con as method of approach

Copyright © 2022 Pearson Canada Inc. 15 - 13

L O3: Multiple Murder • Multiple Murder: Definitions • Male Versus Female Serial Murderers • Typologies of Serial Murder • Mass Murder

Copyright © 2022 Pearson Canada Inc. 15 - 14

Multiple Murder: Definitions (1 of 2) • Serial murder – Minimum of two victims – Separate events and locations – Cooling off period between unrelated killings • Characteristics of serial murderers – Male – Motivation is enjoyment – Victims usually female – Shooting most common method of death

Copyright © 2022 Pearson Canada Inc. 15 - 15

Multiple Murder: Definitions (2 of 2) • Mass murder – Multiple victims – Committed at same time and location • Spree murder – Minimum of two victims – One continuous event at two or more locations – No cooling off period between killings

Copyright © 2022 Pearson Canada Inc. 15 - 16

Male Versus Female Serial Murderers (1 of 2) Table 15.2 Differences between Male and Female Serial Murderers Point of Comparison

Male Serial Murderers

Prior criminal history Males tend to have a prior criminal history.

Female Serial Murderers

Females tend not to have a prior criminal history.

Accomplice

Only about 25 percent of About 50 percent of males have an accomplice. females have an accomplice.

Murder method1

Males are more likely to use a firearm or to strangle or stab their victims.

Females are much more likely to use poison.

Murder motive2

Males are more likely to kill for sexual gratification or control.

Females are more likely to kill for money.

Copyright © 2022 Pearson Canada Inc. 15 - 17

Male Versus Female Serial Murderers (2 of 2) Point of Comparison

Male Serial Murderers

Female Serial Murderers

Victim type3

Males are more likely to kill strangers.

Females are much more likely to kill family members.

Geographic type

Males tend to be more geographically mobile.

Females are more likely to be place-specific (i.e., to carry out all killings in one location).

1 Hickey (2006) reported that 35 percent of female serial murderers killed by using poison,

as compared with only 5 percent of male serial murderers.

2 Hickey (2006) reported that in 74 percent of female serial murders, money played a role,

as compared with only 26 percent of male serial murders. In contrast, he reported that sexual gratification played a role in 55 percent of male serial murders, as compared with only 10 percent of female serial murders.

3 Hickey (2006) found that 50 percent of female serial murderers had killed at least one

family member, as compared with 1 percent of males.

Copyright © 2022 Pearson Canada Inc. 15 - 18

Typologies of Serial Murder • Typologies based on victim and method of murder – Visionary serial murderer – Mission-oriented serial murderer – Hedonistic serial murderer ▪ Lust, thrill, and comfort – Power/control serial murderer • Criticized for – Considerable overlap in categories – Lack of empirical testing

Copyright © 2022 Pearson Canada Inc. 15 - 19

Mass Murder • Motivations vary but outcomes similar • Mass murders are often – Depressed or angry – Feel they have not succeeded in life – Socially isolated – Lacking in interpersonal skills – Select targets they blame for their problems

Copyright © 2022 Pearson Canada Inc. 15 - 20

LO4: Theories of Homicidal Aggression • Theories of Homicidal Aggression • The General Aggression Model

Copyright © 2022 Pearson Canada Inc. 15 - 21

Theories of Homicidal Aggression • Social learning theory – Process of reinforcement – Direct and observational • Evolutionary theory – Crime as adaptive to deal with competitors • The General Aggression Model (GAM) – Integrates several theories

Copyright © 2022 Pearson Canada Inc. 15 - 22

The General Aggression Model Figure 15.2 The General Aggression Model

Copyright © 2022 Pearson Canada Inc. 15 - 23

LO5: Treatment of Homicidal Offenders • Treatment Goals • Treatment Effectiveness

Copyright © 2022 Pearson Canada Inc. 15 - 24

Treatment Goals • Has not received the same attention as treatment for sexual offenders • No typical program, but common treatment targets include: – Anger and emotion management – Self-regulation – Problem solving – Interpersonal skills – Social attitudes (e.g., beliefs supporting violence)

Copyright © 2022 Pearson Canada Inc. 15 - 25

Treatment Effectiveness • Treatment programs show small effect size – Recidivism rates slightly lower for treated offenders • Characteristics of successful treatment programs – Targeted anger control – Longer sessions – Delivered by correctional staff

Copyright © 2022 Pearson Canada Inc. 15 - 26