Clinical Neuropsychology in the Criminal Forensic Setting
Total Page:16
File Type:pdf, Size:1020Kb
Books and Media with interviewees and to obtain brief narratives of mental illness. Sexually violent predator statutes in events. some U.S. jurisdictions may also be disenablers. A discussion about police interrogation and evidence The ability of legal decision-makers to render fair- management practices, including how bias and preju- minded judgments is explored by Eddie Greene and dice may influence evidence procurement, is presented Leslie Ellis. They contend that when decision-makers by retired U.K. police officer and academic John G. D. are faced with vast quantities of information, heuristic Grieve. He describes how psychology underlies these reasoning is naturally triggered in the cognitive process- practices and cites research findings about police pre- ing system. judging and stereotypes that have informed the devel- Even though Francis Pakes says that Chapter 15 is opment of more objective policies and practices. sketchy, I actually found it to be the most informative Aldert Vrij of the University of Portsmouth, United part of the book. He discusses inquisitorial and adver- Kingdom, contemplates whether the accuracy of cred- sarial systems as well as international criminal courts ibility assessment tools meets the evidentiary require- and the Islamic system in the Middle East. Definitions ments promulgated by Daubert v. Merrell Dow Phar- of Islamic legal terms, like qadi (a judge) and fatwa (a maceuticals, Inc. (509 U.S. 579 (1993)). His research legal ruling or verdict) are listed in this chapter. Pakes showed that, while lay persons have a 67 percent accu- conjectures that in an inquisitorial legal system, a court- racy rate in detecting those who are telling the truth, appointed expert appears to take on a partisan pro- prosecution attitude. In the latter part of the chapter, police officers have a 55 percent accuracy rate when Pakes notes that although Sharia law may be religion distinguishing truth from lies. When physiological lie based, its organization can differ from one Islamic detection tools are used, the error rate in detecting country to another. Sharia law has been criticized by truthfulness reportedly ranges from unknown to be- Amnesty International and the United Nations Com- tween 12 and 47 percent. These tools do not meet the mission on Human Rights (UNCHR) for its focus on Daubert criteria, because the scientific hypothesis un- corporal and capital punishment and denial of basic derlying the tools may not be testable. rights to defendants. In Chapter 7, David Carson describes psychology’s Finally, having discussed the positive role psychology contributions to the science of fact finding and substan- can play in criminal justice in earlier chapters, Peter J. tive rule analysis. He explains that before applied sci- van Koppen used Chapter 16 to explore the scientific ence was commonly used in criminal justice investiga- accuracy of the phrase reasonable psychological cer- tions and legal proceedings, proof of culpability was tainty, including error rates associated with transferring generally accepted if it was provided by an authoritative findings from one scientific field to another. Overall, I source, even if the evidence was obtained by coercive found the book thorough and compelling and recom- interrogation. mend it to professionals in the field of forensic psychi- There is an interesting discussion about the degree of atry, forensic psychology, and criminal justice. divergence of the legal and scientific definitions of in- Babatunde Adetunji, MD, MA, MS, tention and causation in criminal responsibility cases. Hammonton, NJ Susan Dennison posits that although cognitive neuro- science research suggests that the initiation of volitional Disclosures of financial or other potential conflicts of interest: None. processes may be unconscious, intention and causation in legal settings are broadly determined by whether the Clinical Neuropsychology in the accused should have reasonably foreseen the conse- quences of his actions. Criminal Forensic Setting Jane Winstone and Francis Pake write about men- Edited by Robert L. Denney, PhD, and James P. Sullivan, tally disordered offenders and introduce the term PhD. New York: Guilford Press, 2008. 414 pp. $60.00. disenabler: an obstacle that hinders delivery of justice to mentally disordered offenders. For example, when the Although many neuropsychologists evaluate individ- U.K. government created a legal category of dangerous uals who are involved in the criminal justice system, and severe personality disorder (DSPD), psychiatrists few references are dedicated to this topic. Forensic saw it as an attempt to permit involuntary commitment neuropsychologists Robert L. Denney, PhD, and of dangerous criminals who have no treatable serious James P. Sullivan, PhD, have attempted to fill this 440 The Journal of the American Academy of Psychiatry and the Law Books and Media void by recruiting a team of neuropsychologists who disturbing fact that in many jurisdictions, the lead practice in correctional, hospital, academic, and pri- judge may have an administrative role over the entire vate office settings, to write a reference book for fo- county’s juvenile justice system (including the hiring rensic mental health professionals. Although neuro- of probation officers, detention personnel, and treat- psychological concepts may be challenging to grasp, ment staff). Also, studies indicate that 33 percent of this text is easy to read and maintains the reader’s juvenile confessions to violent crimes are false. The interest. rate is higher in youths who are eventually exoner- The book contains detailed discussions of ethics, ated by DNA evidence. These rates are significantly summaries of landmark cases, and explicit guidelines higher than those found in adults. for conducting mental health assessments in the The authors’ guidelines for assessing the knowing, criminal justice system. The authors describe the role intelligent, and voluntary waiver of Miranda rights of the mental health expert and the limitations of are useful. Of course, much of the section pertains confidentiality and informed consent in forensic set- to the use of specific neuropsychological tests and tings. Several detailed models of forensic informed their validity in criminal populations. However, consent contracts that can be tailored to fit any cli- rather than feeling excluded, I found the informa- nician’s practice are offered as references. The au- tion helpful, since psychiatrists are familiar with thors address fundamental aspects of the field with many of the tools neuropsychologists use in such substantial detail and skill. No one should claim to assessments. be an expert in criminal forensic mental health with- The book contains a timely discussion of ethics in out a firm knowledge of the areas that are covered in forensic mental health. An overriding guiding prin- this text. This is especially true of forensic mental ciple is captured succinctly in Chapter 9: “The expert health experts who proffer opinions about malinger- is retained not to provide a specific opinion but to ing. The authors describe the body of research on provide the truth. Whether the truth helps or hurts validity testing that should inform the interpreta- the case is irrelevant” (p 282). By design, the U.S. tion of and testimony about relevant psychological legal system is adversarial. Mental health profession- testing data. als who practice within it are at risk of introducing The initial chapters lay the foundation for under- standing more challenging topics, including com- bias into their assessments and testimony. The book petency to proceed with trial, criminal culpability, sheds light on these potential pitfalls and reinforces a criminality and violence, presentencing evaluations strong code of ethics that is similar to the American Academy of Psychiatry and the Law Guidelines for for defendants in capital cases, juvenile justice, neu- 1 ropsychological assessment, expert opinions and tes- the Ethical Practice of Forensic Psychiatry. Reitera- timony, and professional competence. The authors tion of such principles is the best protection against provide practical recommendations about forensic the inbred biases in this field. mental health practice. The advice about billing, A detailed review of the applicability of Daubert v. travel, licensure exceptions, and negotiating the cor- Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 rectional environment and the sample forms are (1993)) and Frye v. United States (293 F. 1013 (D.C. worth the price of the book. In addition, there is a 1923)) offers clear assistance for experts regarding discussion about cross-examination that contains what constitutes scientifically reliable evidence that pearls about how to prepare for cross-examination as may be used to formulate an opinion. Landmark well as an overview of how attorneys prepare to cross- cases are reviewed when needed and referenced examine expert witnesses; forewarned is forearmed. clearly throughout the text. Each chapter is followed As a psychiatrist who works in the criminal jus- by a comprehensive list of paper and electronic tice system, I was especially interested in reading references. about the differences between the criminal and juve- The writing is of high quality and is consistent nile justice systems. As with psychopharmacological throughout the text. The authors and editors have studies, the research findings that inform adult treat- succeeded in presenting complex material in a non- ment and rehabilitation