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Third Edition

EDITED BY GRAHAM M. DAVIES ANTHONY R. BEECH This edition first published 2018 by the British Psychological Society and John Wiley & Sons Ltd. © 2018 John Wiley & Sons Ltd Edition History John Wiley & Sons Ltd (2e, 2012) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by law. Advice on how to obtain permission to reuse material from this title is available at http://www.wiley.com/go/permissions. The right of Graham M. Davies and Anthony R. Beech to be identified as the authors of the editorial material in this work has been asserted in accordance with law. Registered Offices John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, USA John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK Editorial Office The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK For details of our global editorial offices, customer services, and more information about Wiley products visit us at www.wiley.com. Wiley also publishes its books in a variety of electronic formats and by print-on-demand. Some content that appears in standard print versions of this book may not be available in other formats. Limit of Liability/Disclaimer of Warranty While the publisher and authors have used their best efforts in preparing this work, they make no representations or warranties with respect to the accuracy or completeness of the contents of this work and specifically disclaim all warranties, including without limitation any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives, written sales materials or promotional statements for this work. The fact that an organization, website, or product is referred to in this work as a citation and/or potential source of further information does not mean that the publisher and authors endorse the information or services the organization, website, or product may provide or recommendations it may make. This work is sold with the understanding that the publisher is not engaged in rendering professional services. The advice and strategies contained herein may not be suitable for your situation. You should consult with a specialist where appropriate. Further, readers should be aware that websites listed in this work may have changed or disappeared between when this work was written and when it is read. Neither the publisher nor authors shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. Library of Congress Cataloging-in-Publication Data Names: Davies, Graham M., 1943- editor. | Beech, Anthony R., editor. Title: Forensic psychology : crime, justice, law interventions / edited by Graham M. Davies, Anthony R. Beech. Description: Third edition. | Hoboken, NJ : John Wiley & Sons, 2017. | Includes bibliographical references and index. | Identifiers: LCCN 2017015701 (print) | LCCN 2017025886 (ebook) | ISBN 9781119106661 (pdf) | ISBN 9781119106654 (epub) | ISBN 9781119106678 (pbk.) Subjects: LCSH: Forensic psychology. Classification: LCC RA1148 (ebook) | LCC RA1148 .F5565 2017 (print) | DDC 614/.15–dc23 LC record available at https://lccn.loc.gov/2017015701

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10 9 8 7 6 5 4 3 2 1 The British Psychological Society’s free Research Digest email service rounds up the latest research and relates it to your syllabus in a user-friendly way. To subscribe go to http://www.researchdigest. org.uk or send a blank e-mail to [email protected]. We would like to dedicate this Third Edition of our textbook to our families, but also to those who have particularly influenced and supported our work in forensic psychology:

Graham M. Davies: Hadyn Ellis, John Shepherd, Beth Loftus, Gisli Gudjonsson, Ray Bull, and Don Thomson.

Anthony R. Beech: Kevin Creeden, Glyn Humphreys, Richard Laws, William (Bill) Marshall, Adrian Raine, and Tony Ward.

Brief Contents

Contributors xv Preface to Third Edition xix About the Editors xxi About the Companion Website xxiii

Introduction Graham M. Davies, Anthony R. Beech and Clive Hollin 1 PART 1 The Causes of Crime 23

Chapter 1 Psychological Approaches to Understanding Crime 25 Emma J. Palmer

Chapter 2 Developmental and Psychological Theories of Offending 55 David P. Farrington and Maria M. Ttofi

Chapter 3 Psychopathy 83 Steven M. Gillespie and Ian J. Mitchell

Chapter 4 Understanding Risk Factors for Offending: The Contributions of Neuroscience 107 Anthony R. Beech, Benjamin Nordstrom, Adrian Raine and Dawn Fisher

Chapter 5 Effects of Interpersonal Crime on Victims 139 Catherine Hamilton-Giachritsis and Emma Sleath PART 2 Investigating Crime 171

Chapter 6 Eyewitness Evidence 173 Harriet M. J. Smith, Hannah Ryder and Heather D. Flowe

Chapter 7 Interviewing Witnesses 201 Allison P. Mugno, Lindsay C. Malloy and David J. La Rooy

Chapter 8 Interviewing Suspects 231 Erik Mac Giolla and Pär Anders Granhag

Chapter 9 Detecting Deception 255 Pär Anders Granhag and Maria Hartwig viii Brief Contents

Chapter 10 Offender Profiling and Crime Linkage 283 Jessica Woodhams and Matthew Tonkin

Chapter 11 Interpersonal Violence and Stalking 307 Louise Dixon and Erica Bowen

Chapter 12 Terrorism 335 Max Taylor PART 3 The Trial Process 365

Chapter 13 Judicial Processes 367 Jacqueline M. Wheatcroft

Chapter 14 Safeguarding Vulnerable Witnesses 399 Graham M. Davies and Helen L. Westcott

Chapter 15 Identifying Perpetrators 427 Tim Valentine

Chapter 16 The Role of the Expert Witness 457 Daniel T. Wilcox and Leam A. Craig PART 4 Dealing with Offenders 479

Chapter 17 Crime and Punishment: What Works? 481 James McGuire

Chapter 18 Risk Assessment and General Offender Behaviour Programme Delivery 513 Ruth Hatcher

Chapter 19 Treating Dangerous Offenders 545 Leigh Harkins, Jayson Ware and Ruth Mann

Chapter 20 Interventions with Female Offenders 579 Franca Cortoni and Nathalie M. G. Fontaine

Chapter 21 Interventions for Offenders with Intellectual Disabilities 601 William R. Lindsay, John L. Taylor and Amanda M. Michie

Chapter 22 Interventions with Mentally Disordered Offenders 637 Dawn Fisher, Michelle Ginty, Jagjit Sandhu and Nuwan Galappathie

Chapter 23 The Rehabilitation of Offenders: Good Lives and Risk Reduction 661 Tony Ward and Gwenda M. Willis

Glossary 689 Index 705 Contents

Contributors xv Preface to Third Edition xix About the Editors xxi About the Companion Website xxiii

Introduction Graham M. Davies, Anthony R. Beech and Clive Hollin 1 Forensic Psychology 3 How to Become a Forensic 13 Professional Organisations for Forensic 14 Structure and Content of This Book 16 Part 1 The Causes of Crime 23

Chapter 1 Psychological Approaches to Understanding Crime 25 Emma J. Palmer 1.1 Introduction 27 1.2 Psychological Theories 27 1.3 Theories, Evidence, and Crime 31 1.4 Mentally Disordered Offenders 39 1.5 Conclusions 46 1.6 Summary 47

Chapter 2 Developmental and Psychological Theories of Offending 55 David P. Farrington and Maria M. Ttofi 2.1 Introduction 57 2.2 Developmental Theories 57 2.3 Case Studies From the Cambridge Study in Delinquent Development 63 2.4 Psychological Theories 64 2.5 The Icap Theory 72 2.6 Conclusions 75 2.7 Summary 76

Chapter 3 Psychopathy 83 Steven M. Gillespie and Ian J. Mitchell 3.1 Introduction 85 3.2 Assessment of Psychopathy 86 3.3 Psychopathy and Aggression 90 x Contents

3.4 Correlates of Psychopathy in Adolescents and Children 91 3.5 Genetic Basis of Psychopathy 92 3.6 Family Factors Associated with the Development of Psychopathy 93 3.7 Attachment, Psychopathy and Offending 93 3.8 Facial Expression Recognition 94 3.9 Psychopathy and Aversive Conditioning 97 3.10 Neurochemistry of Psychopathy 98 3.11 Conclusions 99 3.12 Summary 100

Chapter 4 Understanding Risk Factors for Offending: The Contributions of Neuroscience 107 Anthony R. Beech, Benjamin Nordstrom, Adrian Raine and Dawn Fisher 4.1 Introduction 109 4.2 The Development of the Brain 109 4.3 The Social Brain 110 4.4 Risk Factors for Offending 115 4.5 Modifying Environmental Risk Factors 128 4.6 Summary 129

Chapter 5 Effects of Interpersonal Crime on Victims 139 Catherine Hamilton-Giachritsis and Emma Sleath 5.1 Introduction 141 5.2 Childhood Victimisation 141 5.3 Adulthood Victimisation 152 5.4 Summary 161 Part 2 Investigating Crime 171

Chapter 6 Eyewitness Evidence 173 Harriet M. J. Smith, Hannah Ryder and Heather D. Flowe 6.1 Introduction 175 6.2 The Memory Process 176 6.3 Estimator vs. System Variables 177 6.4 Encoding Factors 177 6.5 Storage Factors 183 6.6 Retrieval Factors 189 6.7 Conclusions 192 6.8 Summary 192

Chapter 7 Interviewing Witnesses 201 Allison P. Mugno, Lindsay C. Malloy and David J. La Rooy 7.1 Introduction 203 7.2 Shortcomings and Consequences of Traditional Investigative Interviews 204 Contents xi

7.3 The Cognitive Interview (Ci) 206 7.4 Interviewing Vulnerable Witnesses 211 7.5 Summary 223

Chapter 8 Interviewing Suspects 231 Erik Mac Giolla and Pär Anders Granhag 8.1 Introduction 233 8.2 What Officers are Advised to Do 233 8.3 What Officers Do 236 8.4 What Officers Should and Should Not Do 238 8.5 Conclusions 247 8.6 Summary 248

Chapter 9 Detecting Deception 255 Pär Anders Granhag and Maria Hartwig 9.1 Introduction 257 9.2 Theoretical Approaches to Deception 257 9.3 Objective Cues to Deception 259 9.4 Lie-Catchers’ Performance 259 9.5 Detecting Deception from Verbal Content 262 9.6 Computer-Based Linguistic Analysis 264 9.7 Psycho-Physiological Detection of Deception 265 9.8 Strategic Interviewing in Order to Elicit and Enhance Cues to Deception 269 9.9 New Directions in Deception Detection Research 273 9.10 Training to Detect Deception 275 9.11 Conclusions 276 9.12 Summary 276

Chapter 10 Offender Profiling and Crime Linkage 283 Jessica Woodhams and Matthew Tonkin 10.1 Introduction 285 10.2 Crime Linkage 285 10.3 Offender Profiling 292 10.4 Summary 300

Chapter 11 Interpersonal Violence and Stalking 307 Louise Dixon and Erica Bowen 11.1 Introduction 309 11.2 Definitions and Terminology 309 11.3 Lifetime and 12-Month Prevalence Rates of Intimate Partner Violence and Stalking 313 11.4 Risk Factors and Theories 317 11.5 Subtypes of Perpetrators 322 11.6 Implications for Practice: Risk Assessment 326 11.7 Summary 327 xii Contents

Chapter 12 Terrorism 335 Max Taylor 12.1 Introduction 337 12.2 What Are Terrorists, and What is Terrorism? 337 12.3 The Psychology of Terrorism 339 12.4 Becoming, Remaining, Disengaging 342 12.5 Radicalisation 348 12.6 Progression into Terrorist Activities: Autobiographical and Biographical Accounts 352 12.7 Disengagement 354 12.8 Suicide Terrorism and Political Suicide 355 12.9 Assessment of Dangerousness 357 12.10 Summary 358

Part 3 The Trial Process 365 Chapter 13 Judicial Processes 367 Jacqueline M. Wheatcroft 13.1 Introduction 369 13.2 Understanding the Justice System 369 13.3 Evidence in Court 372 13.4 Judges as Decision-Makers 379 13.5 Juries as Decision-Makers 382 13.6 Conclusions 389 13.7 Summary 390

Chapter 14 Safeguarding Vulnerable Witnesses 399 Graham M. Davies and Helen L. Westcott 14.1 Introduction 401 14.2 Witnesses’ Fears and about Going to Court 402 14.3 Preparing Witnesses for Court: Preparation and Social Support in Theory and Practice 404 14.4 Protecting Witnesses at Court Through Special Measures 408 14.5 Still Unmet Needs 415 14.6 Conclusions 419 14.7 Summary 420

Chapter 15 Identifying Perpetrators 427 Tim Valentine 15.1 Introduction 429 15.2 The Problem of Mistaken Identification 429 15.3 Eyewitness Identification and Human Memory 429 15.4 Design Requirements of Identification Procedures 431 15.5 Estimator Variables 434 15.6 System Variables 439 15.7 Malleability of Witness Confidence 446 15.8 Official Guidance 447 Contents xiii

15.9 Identification From Cctv 448 15.10 Conclusions 450 15.11 Summary 451

Chapter 16 The Role of the Expert Witness 457 Daniel T. Wilcox and Leam A. Craig 16.1 Introduction 459 16.2 Taking Instruction 459 16.3 Expert in Content and Process 460 16.4 Evidence on Clinical Factors 463 16.5 Standard of Proof 467 16.6 Providing an Expert Opinion 469 16.7 Giving Oral Evidence at Court 471 16.8 Conclusions 475 16.9 Summary 476 Part 4 Dealing with Offenders 479 Chapter 17 Crime and Punishment: What Works? 481 James McGuire 17.1 Introduction 483 17.2 The Sentence of the Court 484 17.3 The Objectives of Sentencing 485 17.4 The Impact of Sentencing 490 17.5 Reducing Offending Behaviour 494 17.6 Psychological Contributions to Offender Assessment and Management 504 17.7 Summary 505

Chapter 18 Risk Assessment and General Offender Behaviour Programme Delivery 513 Ruth Hatcher 18.1 Introduction 515 18.2 Risk Assessment within Offender Management 516 18.3 Methods of Assessing Risk 518 18.4 Risk and Need Instruments for Offenders 519 18.5 Treatment Delivery 529 18.6 General Offending Behaviour Programmes 530 18.7 Evaluation of General Offending Behaviour Programmes 533 18.8 Issues Related to Offending Behaviour Programmes 534 18.9 Summary 537

Chapter 19 Treating Dangerous Offenders 545 Leigh Harkins, Jayson Ware and Ruth Mann 19.1 Introduction 547 19.2 Types of Dangerous Offenders Typically Treated in a Criminal Justice Setting 548 19.3 Treatment Frameworks 552 xiv Contents

19.4 The Evidence Base for the Treatment of Dangerous Offenders 564 19.5 Considerations in Working with Dangerous Offenders 567 19.6 Summary 570

Chapter 20 Interventions with Female Offenders 579 Franca Cortoni and Nathalie M. G. Fontaine 20.1 Introduction 581 20.2 Antisocial Behaviour in Adolescent Females 581 20.3 Adult Female Offenders 587 20.4 Summary 595

Chapter 21 Interventions for Offenders with Intellectual Disabilities 601 William R. Lindsay, John L. Taylor and Amanda M. Michie 21.1 Introduction 603 21.2 The Prevalence of ID in Offender Populations 603 21.3 ID As a Risk Factor for Offending 605 21.4 Assessment of Offenders with ID 605 21.5 Interventions with Offenders with ID 614 21.6 Autism Spectrum Disorders and Crime 626 21.7 Summary 628

Chapter 22 Interventions with Mentally Disordered Offenders 637 Dawn Fisher, Michelle Ginty, Jagjit Sandhu and Nuwan Galappathie 22.1 Introduction 639 22.2 History of Forensic Mental Health Services 640 22.3 Types of Mental Illness/Forensic Behaviours Seen in Forensic Mental Health Services 642 22.4 Legislation Pertaining to Mentally Disordered Offenders 650 22.5 The Role of the Psychologist in Forensic Mental Health Settings 653 22.6 Summary 657

Chapter 23 The Rehabilitation of Offenders: Good Lives and Risk Reduction 661 Tony Ward and Gwenda M. Willis 23.1 Introduction 663 23.2 What is the Nature of Offender Rehabilitation? 665 23.3 What are the Features of Effective Offender Rehabilitation? 667 23.4 Desistance From Crime 671 23.5 The Risk-Need-Responsivity Model of Offender Rehabilitation 673 23.6 Limitations of the Risk-Need-Responsivity Model 673 23.7 The Good Lives Model 676 23.8 Summary 682

Glossary 689 Index 705 Contributors

Anthony R. Beech, University of Birmingham, UK

Erica Bowen, University of Coventry, UK

Franca Cortoni, Université de Montréal, Canada

Leam A. Craig, Forensic Psychology Practice & the University of Birmingham, UK

Graham M. Davies, University of Leicester and University of Birmingham, UK

Louise Dixon, University of Birmingham, UK

David P. Farrington, Institute of Criminology, Cambridge. UK

Dawn Fisher, St. Andrews Healthcare and the University of Birmingham, UK

Heather D. Flowe, University of Loughborough, UK

Nathalie M. G. Fontaine, Université de Montréal, Canada

Nuwan Galappathie, St. Andrews Healthcare, Birmingham, UK

Steven M. Gillespie, Newcastle University

Michelle Ginty, St. Andrews Healthcare, Birmingham, UK

Pär Anders Granhag, University of Gothenberg, Sweden

Catherine Hamilton-Giachritsis, University of Bath, UK

Leigh Harkins, University of Ontario Institute of Technology. Canada

Maria Hartwig, John Jay College of Criminal Justice, City University of New York, USA

Ruth Hatcher, University of Leicester, UK

Clive Hollin, University of Leicester, UK

David J. La Rooy, Royal Holloway University of London, UK xvi Contributors

William R. Lindsay, Castlebeck, Darlington and University of Abertay, UK

Erik Mac Giolla, University of Gothenburg, Sweden

Lindsay C. Malloy, Florida International University, USA

Ruth Mann, Rehabilitation Services Group, National Offender Management Service, UK

James McGuire, University of Liverpool, UK

Amanda M. Michie, Lothian NHS Trust, Edinburgh, UK

Ian J. Mitchell, University of Birmingham, UK

Allison P. Mugno, Florida International University, USA

Benjamin Nordstrom, University of Pennsylvania, USA

Emma J. Palmer, University of Leicester, UK

Adrian Raine, University of Pennsylvania, USA

Hannah Ryder, University of Leicester, UK

Jagjit Sandhu, St. Andrews Healthcare, Birmingham, UK

Emma Sleath, University of Coventry, UK

Harriet M. J. Smith, Nottingham Trent University, UK

John L. Taylor, Northumbria and Tyne and Wear NHS Foundation Trust and North- umbria University, UK

Max Taylor, University College, London, UK

Matthew Tonkin, Birmingham City University, UK

Maria M. Ttofi,Institute of Criminology, Cambridge. UK

Tim Valentine, Goldsmiths, University of London, UK

Tony Ward, University of Auckland, New Zealand

Jayson Ware, Offender Services and Programs, Corrective Services, NSW, Australia

Helen L. Westcott, Formally, International Centre for Comparative Criminological Research, the Open University, UK Contributors xvii

Jacqueline M. Wheatcroft, University of Liverpool, UK

Daniel T. Wilcox, Wilcox Psychological Associates and the University of Birmingham, UK

Gwenda M. Willis, University of Auckland, New Zealand

Jessica Woodhams, University of Birmingham, UK

Preface to Third Edition

Welcome to the Third Edition of Forensic Psychology: Crime, Justice, Law, Interventions. Forensic psychology continues to be a popular option at undergraduate and higher degree level: interest in the interface between psychology and law continues to grow. In this new edition, we have sought to retain the focus on European and British mod- els of justice, while acknowledging the rather different traditions of research and practice emanating from the United States. This Third Edition builds on the success of the second and retains the same editorial team and many of the scholars who contributed to the earlier edition. All the topics from the Second Edition are retained but in some instances, a new writ- ing team has brought a fresh perspective to the topics concerned. Examples include the treatment of eyewitness evidence, interviewing witnesses and suspects and the role of the psychologist as an expert witness. Two new chapters have also been added to address emerging issues in forensic research and practice: (1) an extended treat- ment of the concept of psychopathy and (2) interventions with female offenders. We have retained our policy of teaming established authors with younger researchers, who bring with them enthusiasm and knowledge of the needs of today’s students. Given these changes, the structure of the text remains essentially the same. An introductory chapter by the Editors provides an overview of the history of foren- sic psychology, both in relation to the courts and the prevention and treatment of offenders and takes in career paths, as well as relevant organisations and societies. Part 1 covers the Causes of Crime from a range of different but complimentary per- spectives, while Part 2 is devoted to Investigating Crime and the actual and potential role psychological research can play in assisting the police in their enquiries. Part 3 looks at psychological perspectives on The Trial Process, from the standpoint of both court officials and the witnesses who must give their best evidence. Finally, Part 4 considers the challenge of Dealing with Offenders, with separate treatments of impor- tant groups, including those with learning disabilities and the mentally disordered. Fittingly, the text ends on a positive note, looking at the impact of the “Good Lives” movement on steering offenders away from crime toward more productive and fulfilling lives. As before, Forensic Psychology: Crime, Justice, Law, Interventions has been published under the aegis of the British Psychological Society’s Textbooks in Psychology series. The book’s dedicated website has also been thoroughly updated, with additional stu- dent quiz questions and links to forensic sites of particular interest to psychology students. Instructors and lecturers can also access PowerPoint presentations covering each of the chapters to augment their lectures. All the main chapters retain the popu- lar “Case Studies” feature, where theory blends with practice, together with topics for essays and discussions, plus additional recommended reading. An added attraction in the new edition is that most illustrations and figures are now in colour. xx Preface to Third Edition

During the production of this book, one of our lead authors, Professor William [Bill] Lindsay died unexpectedly. Bill was a prolific writer and researcher on issues surrounding intellectually impaired offenders; collaborative in his approach and gen- erous with his time, he is a significant loss to the field. Once again, it is our pleasure to acknowledge the help and assistance of our many authors in ensuring that the manuscript was completed on time and dealing toler- antly with our questions and queries. Andrew Peart at Wiley-Blackwell provided the initial impetus to undertake a Third Edition and Liz Wingett has seen it through to its conclusion. Matthew Tonkin and Chelsea Slater compiled the multiple-choice test questions and Nora Naughton and Grace Fairley prepared our book for publication by Wiley. We hope that students and teachers alike will find this new edition a reada- ble, comprehensive and up-to-date guide to the world of forensic psychology.

Graham M. Davies and Anthony R. Beech About the Editors

Graham M. Davies is Professor Emeritus of Psychology at the University of Leicester and an Honorary Professor of Forensic Psychology at the Universities of Birming- ham and Coventry. His research interests focus on the testimony of children and adults and the support of vulnerable witnesses at court, on which topics he has pub- lished some 10 books and more than 150 articles in scientific journals. He led the writ- ing team responsible for the original version of Achieving Best Evidence, the standard guidance on interviewing vulnerable victims and witnesses in the English courts, and has considerable experience as an expert witness in court cases where the testimony of children or other vulnerable witnesses are a focus of concern. He is a Fellow of the British Psychological Society and a former president of the Society for Applied Research in Memory and Cognition and of the European Association for Psychology and Law. He is the founding editor of the journal Applied and co-edits the Wiley Series on Crime Policing and the Law. In addition to his academic and professional work, he was for 13 years a Magistrate on the Loughborough, Melton, Belvoir and Rutland bench. Anthony R. Beech Professor Anthony Beech is Head of the Centre for Forensic and Criminological Psychology at the University of Birmingham, UK. He has authored more than 180 peer-reviewed articles, 50 book chapters and seven books in the area of forensic science/criminal justice. In 2009 he received the Significant Achievement Award from the Association for the Treatment of Sexual Abusers in Dallas, and the Senior Award from the Division of Forensic Psychology, British Psychological Society. His particular areas of research interests are: risk assessment; the neurobiological bases of offending; reducing online exploitation of children; and increasing psycho- therapeutic effectiveness of the treatment given to offenders. His recent research has examined: Internet offending; new approaches to treatment of offenders; and the neurobiological basis of offending.

About the Companion Website

www.wiley.com/go/bps/davies3e

There is a range of resource materials especially developed for the third edition of Forensic Psychology: Crime, Justice, Law, Interventions for use by students and instructors, providing for all your course lecturing and testing needs. These include:

• Interactive short-answer tests for use by students (a popular feature) • PowerPoint slides of all the figures, tables and boxes from the book • PowerPoint slides for instructors, complete with text headings as well as diagrams, designed to highlight key points in each chapter

Introduction

Graham M. DAVIES, Anthony R. BEECH and Clive Hollin CHAPTER OUTLINE

FORENSIC PSYCHOLOGY 3 STRUCTURE AND CONTENT OF THIS 4 BOOK 16 Criminological Psychology 8 Part 1: The Causes of Crime 16 Part 2: Investigating Crime 16 HOW TO BECOME A FORENSIC PSYCHOLOGIST 13 Part 3: The Trial Process 17 Part 4: Dealing with Offenders 17 PROFESSIONAL ORGANISATIONS FOR FORENSIC PSYCHOLOGISTS 14 Introduction 3

FORENSIC PSYCHOLOGY

Forensic psychology is a broad and growing area of psychological research and practice. It embraces a variety of studies at the interface of psychology and the law, spanning both legal and criminological issues. The legal aspect of forensic psychology concerns the application of psychological knowledge and methods to the processes of law and the criminological aspect deals with the application of psychological the- ory and method to the understanding (and reduction) of criminal behaviour through interventions. Hence, the legal aspect deals with evidence, witnesses and the courts; while the criminological aspect focuses on crime and criminals. Among the range of tasks undertaken by forensic psychologists can be:

• piloting and implementing treatment programmes for offenders • generating research evidence to support penal policy and practice • undertaking assessments of risk for violent and sexual offenders • domestic violence and family issues • treating offenders with drug or alcohol problems • writing reports and giving evidence in court • advising parole boards and mental health tribunals • crime analysis and offender profiling • conducting experimental and field studies on the reliability of witnesses • advising on interview techniques with suspects and vulnerable witnesses • counter-terrorism policy and hostage negotiation.

The umbrella term forensic psychology is used to embrace both legal and crim- inological research and application, even though the term forensic strictly means the employment of scientific tests, or techniques, used in connection with the detection of crime. As the issue of crime and offending continues to grow in importance in society, it seems inevitable that policy makers will turn increasingly to psychology in general and forensic psychology in particular for answers to such questions as “What makes a person offend?” and “How can crime be reduced?” Therefore, the aim of this book is to give a broad outline of current topics in psy- chology ranging from causes of crime (Section 1), the detection of crime (Section 2), legal processes (Section 3) and finally risk assessment and treatment of offend- ers (Section 4). To understand how forensic psychology emerged as the high-profile psychologi- cal science it is today, it is useful to begin by examining briefly the roots of both legal psychology and criminological psychology. We will then describe the professional pathways into forensic psychology, and the principal organisations and journals that support the discipline, followed by an overview of the structure and content of the book.

Forensic Psychology: Crime, Justice, Law Interventions, Third Edition. Edited by Graham M. Davies and Anthony R. Beech. © 2018 John Wiley & Sons, Ltd. Published 2018 by John Wiley & Sons, Ltd. Companion website: www.wiley.com/go/bps/davies3e 4 Forensic Psychology: Crime, Justice, Law Interventions

Legal Psychology Legal psychology was one of the first areas of applied psychology to be explored by experimental psychologists. It then languished as a discipline until the 1970s, when there was a great resurgence of interest in research at the interface of psychology and law, which continues to today. Legal psychology began in Europe around the turn of the twentieth century (see Davies & Gudjonsson, 2013). Prominent among these pioneers was the Austrian Hans Gross (1847–1915) who in his career claimed to have performed more than 45,000 pre-trial examinations of witnesses. As a result of his experiences, he became sceptical about witness accuracy and developed tests to try to discriminate those who might prove reliable. He described his experiences in probably the first textbook of legal psychology, published in 1898. One issue of concern to Gross was the suggestibility of witnesses under question- ing. The French psychologist, Alfred Binet (1857–1911), had conducted some of the ear- liest studies on suggestibility and conformity effects in children, described in his book La Suggestibilité (1900) and these ideas were taken up by the German psychologist Louis William Stern (1871–1938). It was Stern who, as part of his programme of research into what he termed the Psychologie der Aussage (the psychology of verbal reports), started the first journal devoted to witness psychology and introduced new methods such as the “event test”: a carefully rehearsed incident staged in front of onlookers who are subsequently asked to report the events in their own words and answer questions con- cerning details, a technique still in use today. Suggestibility, particularly in relation to vulnerable witnesses and its impact on their testimony, remains a focus of research today (see Ridley, Gabbert & La Rooy, 2012 and Chapters 6 and 7). The Aussage movement continued to be active in Germany up until the First World War, but the person credited with publicising the new science to the English-speaking world was Stern’s friend, Hugo Münsterberg (1863–1916). Münsterberg moved from Germany to Harvard University in 1892 to accept an invitation from to set up their first laboratory. Münsterberg’s interests in psychological aspects of the law went well beyond issues of testimony. In 1908 he published On the Witness Stand, a book aimed at publicising and promoting the value of psychology to law enforcement in general and the courts in particular. Among the topics discussed by Münsterberg were:

• the accuracy of witness testimony • the detection of deception • false confessions • suggestive questioning at court • effective interviewing procedures.

Sadly, the emergence of Münsterberg’s book did not usher in a new dawn for legal psychology. Its somewhat bombastic tone and casual generalisations alienated lawyers (he dismissed them as “obdurate”), precisely the group to whom the implications of the book might most usefully have been directed. It drew from the distinguished American jurist, John H. Wigmore (1863–1943), a majestic rebuke in the form of a satirical account of an imaginary trial in which Münsterberg’s more specious and expansive statements were held up to ridicule (Wigmore, 1909). Wigmore did concede that while psychology had little to offer to the law at present, there might come a time when psychology would Introduction 5 have matured sufficiently to make a significant contribution. This rejection of Münster- berg’s ideas was followed by his death in 1916, which effectively snuffed out the study of legal psychology in the United States. When interest in legal psychology revived in the 1970s, most of the topics Münsterberg identified remained central to contemporary research, together with new themes arising from the stresses of contemporary society. One of the principal motives for the renewed involvement of psychologists in legal matters was concern around mistaken identification, which had led to miscarriages of justice. In the UK, Lord Justice Devlin published a report in 1976 that described a series of cases involving mistaken identity, sometimes by more than one witness. The Devlin Enquiry, into law and practice on identification, was the first in the UK to take evidence from psychologists on and identification, and one of his recommendations was that, “Research should be directed as to establishing ways in which the insights of psychology can be brought to bear on the conduct of identifi- cation parades and the practice of the courts” (Devlin, 1976, p. 149). This led directly to Home Office funding of research into bodily and voice identification (Shepherd, Ellis & Davies, 1982; Bull & Clifford, 1984) and in turn to a more positive approach generally toward the value of psychological research as applied to the police and the law (Kebbell & Davies, 2006). Research on identification issues remains a major strain in contemporary forensic research (see Valentine & Davis, 2015 and Chapter 15). In the United States, the involvement of psychologists in identification issues took a rather different form. In the UK, psychologists with expertise in witness matters were not generally permitted to give evidence in criminal trials, with the exception of cases of alleged false confession (i.e. Gudjonsson, 2003). In the United States, Eliz- abeth Loftus (1944–) and Robert Buckhout (1935–1990) were among the first psycholo- gists permitted to testify as experts at trials regarding the reliability of eyewitness testimony in general and identification in particular. This testimony was routinely challenged at trial and this in turn led to a greater investment in research to better understand the processes that led to witness error (see Chapters 6 and 15). An impor- tant distinction emerged between estimator and system variables (Wells, 1978):

• Estimator variables concerned the haphazard circumstances surrounding an initial observation of a perpetrator, such as lighting and distance from the witness. • System variables covered those factors in control of law enforcement officials, such as how many persons were present on an identification parade and their degree of similarity to the suspect.

Much of this new research was summarised in Loftus’ influential book Eyewitness Testimony (Loftus, 1979), which added to the growing interest among experimental psychologists in the legal process. Loftus’ work had focused very much on the vagar- ies of witness testimony. It built on the findings of the Aussage movement by explor- ing the impact of so-called “post-event information” – information that a witness to a crime read, saw or talked about after an incident and the adverse impact this might have on the reliability of their testimony at any subsequent trial. In the 1980s, universities in the United States launched the first joint doctoral programmes involv- ing the study of both psychology and law (“JD/PhD programs”), which in turn led to research with a much wider focus on psychological aspects of legal procedure. Research in areas such as the wording and timing of legal pronouncements and in particular jury decision-making (Hastie, Penrod & Pennington, 1983) laid the founda- tions for a psychology of jurisprudence (see Chapter 13). 6 Forensic Psychology: Crime, Justice, Law Interventions

One of the earliest concerns of forensic psychologists was the reliability of child witnesses and this issue too sprang back into prominence in the 1980s. In the UK and the United States, children’s evidence had traditionally been excluded or restricted by the courts because of concerns over suggestibility. However, there was increasing public concern that such restrictions effectively prevented most child complainants of abuse from seeking justice. New research, particularly by the U.S. psychologist Gail Goodman demonstrated that under appropriate circumstances, children were capable of provid- ing reliable testimony and this increased the pressure for reform of the law and the introduction of such child-friendly measures at court as remote or video testimony and the use of intermediaries (see Plotnikoff & Woolfson, 2015 and Chapter 14). The dangers of uncritical acceptance particularly of very young children’s testi- mony are demonstrated by such miscarriages of justice as the Kelly Michaels trial in the United States (Bruck, Ceci, & Hembrooke, 1998) and the Shieldfield Nursery affair in the (Webster & Woffindon, 2002). Research, particularly by the U.S. developmental psychologist, Stephen Ceci, has highlighted situations where children’s testimony is likely to be more or less reliable. Official guidance written by psychologists for investigators charged with interviewing children is careful to take account of the vulnerabilities, as well as the strengths, of children’s testimony (see Lamb, Hershkowitz, Orbach & Esplin. 2008 and Chapter 7). Another concern dating from Münsterberg is the detection of deception. Psycholo- gists have carefully researched the many assumptions surrounding so-called “lie-signs” and have cast a critical eye over the various devices, from the polygraph or “lie detec- tor” (Wilcox, 2009) to fMRI (functional magnetic resonance imaging) brain scanning, which have claimed infallibility in spotting lies (see Granhag, Vrij, Verschuere, 2015 and Chapter 9). In 2004, the British Psychological Society published a research review of all established methods to date and concluded that none had yet reached a point where their use in the courts for determining truth and falsity could be recommended. The suggestibility and reliability of adult witnesses has been raised by the acri- monious debate over the status of recovered memories: memories of trauma often recovered during the course of therapy of which the person was previously unaware. This issue, too, came into prominence as a result of a murder trial in which there was a clash of expert testimony. In California, George Franklin stood trial for the mur- der of a young girl, Susan Nason, some 20 years previously. The principal evidence against him was the eyewitness account of his daughter who had recently recovered a vivid memory of her father carrying out the murder when she was a young child. The prosecution expert, psychiatrist Lenore Terr, argued that the repression of mem- ories was commonplace among clinical patients and that Ms Franklin’s memories fitted this pattern. For the defence, Elizabeth Loftus argued that Ms Franklin’s tes- timony contained significant errors and that there was nothing in it that could not have been gleaned from local newspaper reports of the time: Ms Franklin was con- fusing real events with self-generated imagery, perhaps fuelled by suggestion in ther- apy. The jury found George Franklin guilty, but the sentence was reversed on appeal (Maclean, 1993). This reversal was due in part to the research evidence accumulated in the interim that recovered memories are often unreliable and false memories can be readily generated by established experimental techniques in the psychological labo- ratory. Cognitive and clinical psychologists continue to debate the circumstances in which recovered memories may be reliable or false (Patihis, Ho, Tingen, Lilienfeld, & Loftus, 2014). Introduction 7

In recent years, three high-profile areas of policing and detection have benefited from psychological input in a way that would no doubt have intrigued Münsterberg. Movies such as Silence of the Lambs and television series like Cracker have glamor- ised the role of psychologists as offender profilers, though the reality of psycholo- gy’s involvement in profiling and crime analysis inevitably falls short of the picture painted by the media (see Chapter 10). Stalking is another crime that is rarely out of the public eye, generally in the context of the obsessive following of celebrities by “fans” (Meloy, Sheridan & Hoffman, 2008); however, it is also seen by the courts as a feature of intimate partner violence (see Chapter 11). Terrorism, too, is never too far from the news pages and psychologists are increasingly called upon by the state to understand the motivation of terrorists and thus ways of mitigating the risk and consequences of terrorist acts (see Horgan, 2014 and Chapter 12).

EXERCISE 1 PAYING a visit to your local court

To really capture the realities of the legal • Understand the differences between system, there is no substitute for actually inquisitorial and adversarial systems of attending court and observing a trial. justice Your tutor or lecturer may have already • Distinguish between civil and crim- arranged this as part of your course, but if inal courts not, there is nothing to stop you attend- • Recognise the different levels of ing on your own initiative. court and their functions (e.g. the mag- Access to the justice system by the istrates’ court, the Crown court and the public is a civil right in most countries, Supreme court). with only a few exceptions. In the United Kingdom, for instance, you must normally You are now ready to pay your first be over the age of 14 years to attend a visit to your local court! Court hours are trial as a spectator. In addition, judges in usually from 10.00 in the morning until criminal trials may use their discretion to late afternoon, with a break for lunch. exclude the public from cases involving Always check the times beforehand (some child abuse or where there is a concern magistrates’ courts, for instance, do not over the intimidation of adult witnesses sit every weekday). Most court centres (see Chapter 14). Similar restrictions may will have a number of courtrooms with a apply to cases in the civil and family different trial going on in each. When you courts, where sensitive issues of the cus- arrive at court, look out for the information tody of children may be at stake. desk. Introduce yourself and explain that In order to get the most value out of you have come to observe a trial. Don’t be your court visit, you must understand the afraid to ask if there is a particularly inter- basic features of the criminal justice sys- esting case going on which you can watch tem. These are set out in “Understanding from the public gallery. the Justice System” at the start of Chapter 13. After you have read the relevant section make sure you can: Some Do’s, Don’ts and Nevers • Appreciate the roles and responsi- Remember the court is a serious bilities of the judge, defence and prosecu- place – people’s lives can be changed tion advocates and the jury in a trial permanently by the decisions made here – 8 Forensic Psychology: Crime, Justice, Law Interventions

and behave accordingly. You will be called is only automatically available to accred- upon to show your respect for the court ited journalists. Spectators are permitted by rising from your seat when the judge or to text or “tweet” but only if permission magistrates enter or leave court. You will is given in advance by the presiding prompted by the court usher (“macer” in judge. If you wish, you can always write Scotland) shouting “all rise”. If you need to up your notes during a recess (a pause in leave court in mid-session, do so quietly proceedings). and discreetly, taking advantage of any • Never take “selfies” or other pho- pause in proceedings. tographs or recordings in court – you could end up being charged with con- • Do dress conservatively – a suit is tempt of court for which the penalties never out of place. You are into impres- are severe. sion management here: if you want the • Don’t eat, drink or smoke in the full co-operation of court officials, then courtroom. Most Crown Court centres dress the part. have a cafeteria where you can buy • Do make sure your phone is refreshments – and also indulge in some switched off and avoid talking while the people-watching: barristers in hushed court is in session (i.e. the judge or magis- conversations with their clients; anxious trates are in court). In 2011, the Lord Chief families wondering whether their young- Justice relaxed policy on the use of elec- est will get prison this time – all human tronic devices such as phones and small life is there, as they used to say of the handheld laptops for live text-based News of the World. reports from the courts – but permission

Criminological Psychology Common law has long recognised the important link between psychology and criminal behaviour. It is embodied in the legal principle of mens rea or “guilty mind”, meaning that an individual cannot be guilty of a crime unless he or she carries out the act both wilfully and intentionally. Early theories of criminal behaviour emphasised the heritabil- ity of criminal behaviour, reflected in the work of the Italian criminologist Cesare Lom- broso (1835–1909). Lombroso also drew on ideas from physiognomy (i.e. the idea that human traits are reflected in the structure of the face and body type) to argue that crim- inals were born to offend and that this was reflected in their particular facial character- istics and build, which he believed were present among habitual criminals. Even though some would suggest that they believe what a rapist or a murderer should look like (e.g. Goldstein, Chance, & Gilbert, 1984), but there is little evidence that these stereotypes have any reality. As early as 1913, the English physician Charles Goring (1880–1917) found no systematic differences in physiognomy, and other physical characteristics, between a large sample of criminals and a comparison group of soldiers. The application of psychological theories, starting with the psychodynamic ideas of and his successors, has had a significant influence on conceptions of many aspects of everyday life, including crime. The psychologist, psychiatrist and psychoanalyst John Bowlby (1907–1990), argued that separation of mother and child during the second sixth months of life had permanent, damaging consequences for a child’s later development and wellbeing (in terms of attachment to others and self ); and could in a number of cases lead the individual to becoming a criminal in later life. Introduction 9

Attachment can be broadly defined as the process by which an infant has an inborn biological need to maintain close contact with its parents/primary carers (Bowlby, 1969, 1973, 1980). Intimate contact creates experiences of safeness, and impacts upon the soothing systems within the brain. Infants are not born with the capacity to self-soothe; therefore, it is the caregiver’s response to distress signals (e.g. holding, caressing, smiling, feeding) that is of paramount importance. Fonagy (2001) suggests that attachment patterns are shaped by a combination of genetic factors and social experiences. The predisposed style is shaped by early social experiences. Therefore, an individual’s attachment style can be seen as a set of enduring char- acteristics for making sense of one’s life experiences and interactions (Young, Klo- sko, & Weishaar, 2003), in that the relationship between infant and primary caregiver provides a model for future interpersonal and intimate relationships. This model is maintained irrespective of whether the relationship between the individual and their primary caregiver/s in childhood was positive or negative, and hence a model for the individual’s future social interactions is formed, whether this is primarily about approach or avoidance behaviours/interactions or, in extremis, criminal behaviours. These issues are discussed in more detail in Chapter 2, which considers the role of early attachment on later criminal behaviour, while Chapter 5 examines the physical and psychological effects of child maltreatment. The behaviourist school has also had an important influence on criminological psychology, in terms of both understanding and changing antisocial behaviours through treatment. Behaviourism places a general emphasis upon the role of learning in shaping all human behaviour, whether normal or abnormal, through the mecha- nism of conditioning. In this context there are two broad lines of thought: Pavlovian/ classical conditioning, and operant learning (this approach has largely mutated into Bandura’s (1977) social learning theory). (1916–1997) used the principles of conditioning described by (1849–1936) to develop a general theory linking crime with personality. Eysenck (1977) incorporated biological and social factors into his theory, bringing them together as factors that determined an individual’s personality. According to Eysenck, an individual’s personality determines, in large part, their ability to learn from (or condition to) other people in their social environment. Thus, personality plays a fundamental role the process of the child’s socialisation, with certain con- figurations of personality more or less likely to behave in a manner that is antisocial or criminal. Eysenck’s ideas encouraged psychological research with offenders, and some support has been found for them, but they are now seen as overly mechanistic, biological and deterministic. Hence, while an important landmark at the time in the application of psychological theories to explain criminal behaviour, Eysenck’s theory has not had lasting impact on the current understanding and rehabilitation of offend- ers (see Chapter 1). Somebody who has probably had more of an influence is the American psycholo- gist, B. F. Skinner, (1904–1990), who advanced Pavlovian theory with the development of the notion of operant learning. Put simply, Skinner suggested that an individual’s behaviour acts (or operates) on the environment, so producing consequences for the individual. Behaviour that produces consequences (social or material) that the per- son finds rewarding is likely to be repeated, in which case Skinner would say that the behaviour is being reinforced; if the behaviour produces consequences that the person finds aversive then they are less likely to repeat that behaviour, in which case 10 Forensic Psychology: Crime, Justice, Law Interventions

Skinner would say that the behaviour is being punished. Skinner’s notion of operant conditioning was taken and applied to explain criminal behaviour (Jeffery, 1965). Fur- ther, Skinner’s operant learning was put to work, with some success, in working with offenders to reduce the likelihood that they would subsequently reoffend (Laws & Marshall, 2003; Milan, 2001). In the late twentieth century, the emergence of cognitive psychology encouraged the integration of internal processes, such as thoughts and emotions, into behaviourist learning theory. This integration is most clearly seen in the development of social learning theory (SLT) by the psychologist (Bandura, 1977, 1986). SLT gave rise to interventions that aimed to change internal processes (i.e. cognitions) as well as overt behaviour, giving rise to the term cognitive-behavioural treatment (CBT) and the associated methods of therapy (see Chapters 17, 18 and 19 in particular for details of the CBT approach). CBT interventions have become increasingly popular for use with offenders (e.g. Browne, Beech, & Craig, 2012; Ireland, Ireland, & Birch, 2009). For example, the social psychologist Raymond Novaco (Novaco, Renwick, & Ramm, 2012) emphasises the cen- tral importance of anger in understanding some forms of violence, Hence, the use of anger control treatments has become widespread with violent offenders (see Chapter 19). Similarly, in sex offender treatment, CBT is the mainstay of such interventions (see Chapter 18; and Beech, Craig, & Browne, 2009), while a social learning/CBT approach has also been successfully adapted for the treatment of those with intellec- tual disability (see Chapter 21 for details of such initiatives with such offenders). The critical importance of appropriate cognitive development was also empha- sised by the American psychologist (1927–1987), whose work was inspired by the ideas of the great developmental psychologist, (1896–1980). Kohlberg argued that in order to achieve full moral maturity it was necessary for children to pass through six distinct stages of moral development, starting from a morality based on the threat of punishment, to moral reasoning based on an appre- ciation of the social value of order and reciprocity (Power, Higgins, & Kohlberg, 1989). The link between the hypothesised stage an individual has reached and their actual behaviour has remained a source of controversy, but as a formal analysis of the development of moral judgment, Kohlberg’s model remains influential in both understanding and working with offenders (see Chapter 1). A different line of development also took place in the UK in the form of crime pre- vention measures based on rational choice theory. Cornish and Clarke (1986) proposed that crime resulted from rational choice to offend by the criminal, with the prime motivation being personal gain, while avoiding detection, when the opportunities arose. This theory led to measures known as situational crime prevention (Wortley & Mazerolle, 2008) in which the environment is changed, say by using electronic alarms to minimise the opportunities for crime; or increasing police patrols to maximise the chances of crime detection. However, despite such developments in psychological theory and practice in the 1970s to 1980s, the popular view was that “nothing works” in offender reha- bilitation (Martinson, 1974)1. This view led politicians and policy makers in some

1 Though to be fair to him, Martinson’s point was that treatment was better carried out in the community, rather than in prison settings. Introduction 11 parts of the world, including the UK, to the pessimistic consensus that the only answer the criminal justice system could offer to rising crime was to build more prisons (Hollin, 2001). However, building on decades of research, this view was challenged by several groups of psychologists, principally from Canada and the UK, who rallied under the banner of the What Works initiative (see Chapter 17 and Andrews & Bonta, 1994; McGuire, 1995). These psychologists argued that the meta-analyses of the results of treatment trials with offenders showed that inter- ventions, principally employing cognitive-behavioural methods, produce lower rates of recidivism compared to controls. Recently, the idea of a “criminal brain” continues to intrigue researchers (see Johnson, 1998 and Chapter 4), but the pessimistic view that “criminals are born not made” has been consistently challenged, and tested, by psychologists and psychia- trists from the beginning of the twentieth century. However, it is still observed that there is a hard core of individuals who would seem very intractable in treatment. Of particular interest is the notion of what is happening in the brains of those with anti- social personality disorder (ASPD)2 and/or identified as being psychopaths3. Figures from 1995 to 2016 from http://mentalhealth.com would suggest that 80–85% of incarcerated offenders can be diagnosed as having ASPD (see http://mentalhealth. com/home/dx/antisocialpersonality.html), which is hardly surprising given the tautology of this premise, while 20% can be regarded as psychopaths (as compared to 1% identified in the general population, see Hare, 1999 and Chapter 3). Here, it should be noted that psychopaths account for roughly half of all the most seri- ous crimes committed, including half of all serial killings and repeat rapes (http:// mentalhealth.com) and 80% of psychopaths released from prison commit another crime, usually within three years. It is a moot point to what extent there is a genetic aspect to criminal behaviour, but evidence would suggest that monozygotic (identical) twins were concordant for criminal behaviour (52%) compared to 22% of the dizygotic (non-identical) twins in a sample of 3,586 Danish twins (Christiansen, Holm, Mcgue, Corder, & Vaupel, 1977). Blonigen, Carlson, Krueger, & Patrick (2003) reporting on 271 adult twins of self-reported psychopathic personality traits found substantial evidence of genetic contributions to variance in the personality construct of psychopathy. Although there is a growing body of evidence that has shown there is a strong genetic contribu- tion to juvenile delinquency (Popma & Raine, 2006), and a number of genes have been shown to have an association with antisocial behaviour, no one gene seems to “explain” criminal behaviour (Goldman & Ducci, 2007). Investigating the potential genetic basis for complex behaviours is inherently complicated as they are likely to involve multiple genes, in contrast to conditions where there is a single-gene effect, as in classic Mendelian genetics (Uhl & Grow 2004). Poor upbringing is equally likely to lead to subsequent criminal behaviour. For example, over 60 years ago in his book, Forty-Four Juvenile Thieves, Bowlby (1946) argued that in all cases he described in his book the cause of the delinquency could be traced to “maternal deprivation”. More recently, a number of authors have noted

2 As defined by the Diagnostic and Statistical Manual of mental Disorders (DSM-IV-TR) (American Psychiatric Association, 2000). 3 Typically as identified using the Hare Psychopathy Checklist Revised (PCL-R) (Hare, 1991, 2003). 12 Forensic Psychology: Crime, Justice, Law Interventions

a problematic upbringing (in terms of coercive parent-child interactions and the absence of positive and affectionate attachment bonds between parent and child, neglect, inconsistent parenting and severity of punishments) can lead to the devel- opment of disruptive, aggressive and often violent behaviours (see Chapter 1 for a critique of Bowlby’s ideas). Chapter 4 examines some recent findings in the neuroscience area regarding brain scanning and other techniques that are looking at the structure and function of anti- social offenders; and an understanding of how to assess the risk of such individuals for future offending, and how to treat them is an important part of forensic psychology. However, it is important not to lose sight of the fact that around 70% of those in prison (men and women) have mental health problems, in that there are many men, women and children in prison who need healthcare above all else (see Chapter 22 for a discussion around the issue of mentally disordered offenders). Certainly if you had to invent a way to deepen mental health problems and create a health crisis, over- crowded prisons, and particularly the bleak isolation of a segregation unit, would be the way to do it! It is also of note that over 30% of prisoners are incarcerated for drug-related offences and that drug use would appear to be responsible for the great majority of some types of crime, such as shoplifting and burglary (85% of shoplift- ing, 70–80% of burglaries, 54% of robberies), while more than a quarter (29%) of robbery victims believed their attacker to be under the influence of drugs. Similarly, epidemiological studies show that around 55% of those received into custody are problematic drug users. As we move into the twenty-first century, the emphasis placed by the What Works movement upon an evidence-based approach to penal policy within the criminal justice system has begun to find support among more pragmatic policy makers in Europe and North America, while Tony Ward and colleagues eloquently outline where rehabilitation may be going in terms of a more holistic and positive approach to treatment, in terms of his Good Lives model (see Ward & Gannon, 2006; and Chap- ter 23 of this book for a fuller exposition of this approach), and the desistance model outlined by Richard Laws and Tony Ward (2011). We would also note that the correct application of drug rehabilitation strategies and treatment of offenders with mental health problems would take the burden of the penal systems to deal with such indi- viduals, and free up resources to deal with the more intractable personality disor- dered individuals who carry out most serious and violent crimes. A fresh theme introduced into this new edition of the book is on working with female offenders (Chapter 20). This group of offenders are often overlooked as only 5% of those in prison are women; hence, women services tend be the Cinderella of the criminal justice system. According to the organisation Women in Prison (web- site http://www.womeninprison.org), female prisoners come from disturbed back- grounds that need to be taken into account if recidivism is to be reduced. It found that (Women in Prison, n.d.):

• 46% of women in prison report having suffered domestic violence (including 80% of the clients of Women in Prison) • 53% of women in prison report having experienced emotional, physical or sexual abuse during childhood • 31% of women in prison spent time in local authority care as a child. Introduction 13

HOW TO BECOME A FORENSIC PSYCHOLOGIST

There is no universal route to a career in forensic psychology, but most countries have at least three requirements: a broad grounding in psychology as a science, typically provided by an honours degree in psychology (academic background); advanced study of forensic psychology (specialised training); and a period of supervised training within a forensic setting (professional practice). Most countries require forensic psychologists to be registered members of a professional organisation, which is there to encourage best practice and ensure adherence to ethical guidelines (see http://www.apadivisions. org/division-41/education/programs/guide.pdf for current US guidelines). In the UK, students seeking to become forensic psychologists must complete a degree in psychology accredited by the British Psychological Society (BPS), which confers the Graduate Basis for Chartership or GBC. Achieving the GBC membership of the BPS demonstrates the breadth and depth of your knowledge of psychology, and a valuable set of subject-specific and transferable skills. If you achieve typically an Upper Second or First Class honours degree, and can demonstrate some relevant forensic experience (perhaps acting as a prison visitor, witness service volunteer or a placement in a forensic setting), you are in a good position to apply for a postgraduate training course. A number of UK universities offer postgraduate training programmes (at Masters and/ or Doctoral levels) in forensic psychology accredited by the British Psychological Society. A Masters’ course is one-year full-time (two years part-time) duration, while a Doctoral course will normally last three years (see www.bps.org.uk/careers-education-training/ careers-education-and-training for information on accredited forensic courses in the UK). On completion of the course, you will need to complete a further two years of supervised practice in a forensic setting4, supervised by a Chartered Psychologist. Satisfactory completion of this stage will allow you to achieve Chartered Psycholo- gist status within the BPS (see: www.bps.org.uk/careers-education-training/society- qualifications/forensic-psychology/qualification-forensic-psychol) and be able to put CPsychol after your name and use the Chartered Psychologist logo. However, if you want to call yourself a forensic psychologist, one of a number of professional titles protected by law, then you will need to register with the Health and Care Professions Council (HCPC; www.hcpc-uk.org). If you have successfully completed all the earlier steps and kept within ethical guidelines, then there should be no bar to your registration. The HCPC exists to protect the public by ensuring the fitness to practise of those on its registers. It does not play a role in facilitating the development or promotion of the professions that it regulates; this latter role in undertaken by the British Psychological Society. Achieving professional standing in forensic psychology in the UK is a long and rigorous process taking a minimum of six years, but no more so than in most other developed countries. Details vary, but Australia and Canada have broadly similar train- ing requirements and require the same pattern of separate academic and professional

4 Doctoral degrees in forensic psychology normally include the two years of supervised practice within the overall programme. 14 Forensic Psychology: Crime, Justice, Law Interventions

accreditation. In the United States, academic training in forensic psychology is taken to Doctoral level, with a further two years of supervised internship before the candidate is eligible for Diploma status, which is only granted after a lengthy oral examination. However, professional life is rewarding in all senses: the Chartered Management Insti- tute (CMI) estimates the lifetime economic benefit associated with holding professional qualifications and membership of a professional institute at £152,000.

PROFESSIONAL ORGANISATIONS FOR FORENSIC PSYCHOLOGISTS

The Division of Forensic Psychology (DFP) of The British Psychological Society (http://www.bps.org.uk/networks-and-communities/member-microsite/division -forensic-psychology) was founded in 1977 as the Division of Criminological and Legal Psychology, and renamed the Division of Forensic Psychology in 1999. The division rep- resents the interests of those psychologists who work in criminal and civil justice systems. Division membership includes forensic psychologists working in academic settings, prison services, health, education and social services. Members must first qualify to join the BPS prior to applying for the DFP, which has grades of member- ship. Full membership requires completion of both academic training and supervised practice (see above), but interested graduates in psychology may become general members. The official journal of the DFP is Legal and Criminological Psychology. The Division runs a trainee forum on which trainees are encouraged to post comments and queries (http://www.bps.org.uk/networks-and-communities/member-microsite/ division-forensic-psychology/trainees). The European Association of Psychology and Law (EAPL) was formed in 1992 and is the principal European organisation for psychologists and lawyers who work at the interface of the two disciplines. The Association aims to promote and develop research, and hosts regular conferences in different parts of Europe, the proceedings of which are regularly published. Membership is open to all professionals with a qual- ification in psychology, law, or a related discipline such as criminology or psychiatry. Full membership requires a university-level qualification or equivalent professional experience, but students and those without formal qualifications may join as affili- ates. The Association boasts a lively student section. The Association’s website can be found at: https://eapl.eu/about The American Psychology-Law Society (AP-LS), Division 41 of the American Psychological Association (APA), is an interdisciplinary organisation devoted to scholar- ship, practice and public service in psychology and law. Members of AP-LS need not be members of APA, although many members belong to both organisations. Recent activities have included collecting course syllabi and teaching materials, surveying career opportunities in psychology and law and formulating a response to the Hoffman Report concerning alleged involvement of APA members in the use of torture on Iraqi prisoners. AP-LS sponsors a Science Policy Forum and holds regular meetings, often under the auspices of the APA. Membership is open to interested professionals and students in other disciplines beyond psychology. The official journal of the Division is Law and Human Behavior and its website can be found at: http://www.ap-ls.org