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Abbott BR. The imperfect fit: Fetal alcohol spectrum disorder as the basis to commit individuals involuntarily as sexually violent predators/persons. BEHAVIORAL SCIENCES & THE LAW 2022; 40:112-128. [PMID: 34913526 DOI: 10.1002/bsl.2556] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 04/29/2021] [Revised: 11/12/2021] [Accepted: 11/29/2021] [Indexed: 06/14/2023]
Abstract
Prenatal alcohol exposure produces a broad range of primary disabilities that lead to adverse life course outcomes in children raised in adverse environments. Inappropriate sexual behaviors are a commonly occurring secondary disability, with a large minority of individuals with fetal alcohol spectrum disorder (FASD) displaying sexual aggression. Adults with FASD who commit repeated criminal sexual acts may be subject to legal proceedings for indefinite involuntary civil confinement as sexually violent predators/persons (SVP) in certain jurisdictions in the United States. Studies about the diagnostic practices among psychologists and psychiatrists retained by states to evaluate individuals as SVP do not recognize FASD as a mental disorder, despite the likelihood that hundreds of individuals petitioned for involuntary commitment suffer from FASD. Establishing an FASD diagnosis may provide exculpatory evidence to refute a government petition that an individual suffers from a mental condition that affects emotional or volitional capacity by predisposing the person to committing criminal sexual behavior. This article provides a framework for identifying, assessing, and deciding whether individuals with the FASD diagnosis suffer from the legally defined mental disorder that is necessary to indefinitely confine individuals as SVP.
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Doyle DJ, Ogloff J, Thomas S. Designated as Dangerous: Characteristics of Sex Offenders Subject to Post‐Sentence Orders in Australia. AUSTRALIAN PSYCHOLOGIST 2020. [DOI: 10.1111/j.1742-9544.2010.00006.x] [Citation(s) in RCA: 9] [Impact Index Per Article: 2.3] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/30/2022]
Affiliation(s)
- Dominic J Doyle
- Centre for Forensic Behavioural Science, School of Psychology and Psychiatry, Monash University and Victorian Institute of Forensic Mental Health (Forensicare), Clifton Hill, Victoria
| | - James Ogloff
- Centre for Forensic Behavioural Science, School of Psychology and Psychiatry, Monash University and Victorian Institute of Forensic Mental Health (Forensicare), Clifton Hill, Victoria
| | - Stuart Thomas
- Centre for Forensic Behavioural Science, School of Psychology and Psychiatry, Monash University and Victorian Institute of Forensic Mental Health (Forensicare), Clifton Hill, Victoria
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3
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Awasthi B. From Attire to Assault: Clothing, Objectification, and De-humanization - A Possible Prelude to Sexual Violence? Front Psychol 2017; 8:338. [PMID: 28344565 PMCID: PMC5344900 DOI: 10.3389/fpsyg.2017.00338] [Citation(s) in RCA: 9] [Impact Index Per Article: 1.3] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 08/29/2016] [Accepted: 02/22/2017] [Indexed: 11/21/2022] Open
Abstract
In the context of objectification and violence, little attention has been paid to the perception neuroscience of how the human brain perceives bodies and objectifies them. Various studies point to how external cues such as appearance and attire could play a key role in encouraging objectification, dehumanization and the denial of agency. Reviewing new experimental findings across several areas of research, it seems that common threads run through issues of clothing, sexual objectification, body perception, dehumanization, and assault. Collating findings from several different lines of research, this article reviews additional evidence from cognitive and neural dynamics of person perception (body and face perception processes) that predict downstream social behavior. Specifically, new findings demonstrate cognitive processing of sexualized female bodies as object-like, a crucial aspect of dehumanized percept devoid of agency and personhood. Sexual violence is a consequence of a dehumanized perception of female bodies that aggressors acquire through their exposure and interpretation of objectified body images. Integrating these findings and identifying triggers for sexual violence may help develop remedial measures and inform law enforcement processes and policy makers alike.
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Affiliation(s)
- Bhuvanesh Awasthi
- Institute of Neuroscience and Psychology, University of GlasgowGlasgow, UK; Epistemic ConsultantsNew Delhi, India
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4
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Boccaccini MT, Harris PB, Schrantz K, Varela JG. Personality Assessment Inventory Scores as Predictors of Evaluation Referrals, Evaluator Opinions, and Commitment Decisions in Sexually Violent Predator Cases. J Pers Assess 2017; 99:472-480. [PMID: 28145746 DOI: 10.1080/00223891.2016.1269775] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.4] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 10/20/2022]
Abstract
We used data from more than 1,500 offenders to examine the association between Personality Assessment Inventory (PAI; Morey, 1991 ) scores and progress through the sexually violent predator (SVP) screening, evaluation, and commitment process. There was no clear association between PAI scores and referrals for full evaluations, but PAI scores were small to moderate predictors of evaluator opinions and diagnoses among offenders who underwent full evaluations. Higher Antisocial Features (ANT) scores were associated with diagnoses of antisocial personality disorder, but this association was moderated by offender response style. ANT scores were more strongly associated with antisocial personality disorder diagnoses among those responding defensively (d = .71) than among those responding openly (d = .48). The mean ANT score among defensive responders diagnosed with antisocial personality disorder was about 55T, suggesting that even moderate ANT scale elevations could indicate a clinically significant level of antisocial traits among some offenders.
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Affiliation(s)
| | - Paige B Harris
- a Department of Psychology and Philosophy , Sam Houston State University
| | - Kathryn Schrantz
- a Department of Psychology and Philosophy , Sam Houston State University
| | - Jorge G Varela
- a Department of Psychology and Philosophy , Sam Houston State University
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5
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Cauley DR. The Diagnostic Issue of Antisocial Personality Disorder in Civil Commitment Proceedings: A Response to DeClue. ACTA ACUST UNITED AC 2016. [DOI: 10.1177/009318530703500404] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.4] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/15/2022]
Abstract
The use of Antisocial Personality Disorder (ASPD) absent any paraphilia to recommend civil commitment as a sexually violent predator is diagnostically a flawed conclusion. Without the co-morbid paraphilia existing simultaneously but independently there can be no diagnostic conclusion regarding sexual deviancy, preferences, or risk. Without such diagnostic conclusions ASPD cannot be used to infer, predict, assess, or correlate with any future sexual behavior, legal or illegal. This article will use DeClue's recent publication as a starting point for exploring this topic as it adequately presents all of the arguments for the use of ASPD in isolation as a basis for civil commitment recommendations of sexually violent predators.
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Scurich N, Gongola J, Krauss DA. The biasing effect of the "sexually violent predator" label on legal decisions. INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY 2016; 47:109-114. [PMID: 27206709 DOI: 10.1016/j.ijlp.2016.05.002] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/05/2023]
Abstract
Public fear has driven legislation designed to identify and exclude sexual offenders from society, culminating in sexually violent predator (SVP) statutes, in which a sex offender who has served his prison sentence is hospitalized indefinitely if a jury determines that he is likely to reoffend as a result of a mental disorder. Jurors rarely vote not to commit a previously-convicted sex offender as an SVP. This study tests whether the mere label of "sexually violent predator" affects these legal decisions. Venire jurors (n=161) were asked to decide whether an individual who had been incarcerated for 16years should be released on parole. The individual was either labeled as a.) a sexually violent predator or b.) a convicted felon, and all other information was identical between the conditions. Jurors were over twice as likely to deny parole to the SVP compared to the felon, even though they did not consider him any more dangerous or any more likely to reoffend. Demographic variables did not moderate this finding. However, jurors' desire to 'get revenge' and to 'make the offender pay', as measured by Gerber and Jackson's (2013) Just Deserts Scale, did significantly relate to decisions to deny parole. These findings suggest that jurors' decisions in SVP hearings are driven by legally impermissible considerations, and that the mere label of "sexually violent predator" induces bias into the decision making process.
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Affiliation(s)
- Nicholas Scurich
- Department of Psychology & Social Behavior, University of California, Irvine, United States; Department of Criminology, Law & Society, University of California, Irvine, United States.
| | - Jennifer Gongola
- Department of Psychology & Social Behavior, University of California, Irvine, United States
| | - Daniel A Krauss
- Department of Psychology, Claremont McKenna College, United States
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7
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Rape and Paraphilic Coercive Disorder. SEXUAL OFFENDING 2016. [DOI: 10.1007/978-1-4939-2416-5_4] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 10/22/2022] Open
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8
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9
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Simon EP. Psychoanalytic principles as a heuristic framework to bridge the gap between psychology and the law in SVP evaluations: Assessing emotional and volitional impairment. INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY 2015; 42-43:154-167. [PMID: 26318974 DOI: 10.1016/j.ijlp.2015.08.021] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/04/2023]
Abstract
The legal concepts of emotional and volitional impairment in SVP evaluations are vague and ill-defined. This article reviews the legal terms of emotional and volitional impairment as they have been contemplated in extant SVP statutes, SVP case law, logical constructions, and limited empirical studies. To bridge the gap between psychiatry and the law, a broad, theory-based heuristic framework is furnished for understanding emotional and volitional impairment at a deep psychological (and intra-psychic) level. Specifically discussed are the concepts of transference, repetition compulsion, fixation, cathexis, regression, identification with the aggressor, and the object-relations and self-psychology concepts related to a loss of possession of the self.
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Affiliation(s)
- Eric P Simon
- California Department of State Hospitals, Sex Offender Commitment Program, P.O. Box 150, Arroyo Grande, CA 93421, United States.
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10
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Waidzunas T, Epstein S. 'For men arousal is orientation': Bodily truthing, technosexual scripts, and the materialization of sexualities through the phallometric test. SOCIAL STUDIES OF SCIENCE 2015; 45:187-213. [PMID: 26477205 DOI: 10.1177/0306312714562103] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/05/2023]
Abstract
We trace the history of the phallometric test--which measures erections of men exposed to visual erotic stimuli to characterize sexualities--in order to account for its functioning as a 'truthing technology'. On the basis of a content analysis of 410 key scientific journal article abstracts, we argue that since its invention in Czechoslovakia in the 1950s, phallometry has been employed within three distinct assemblages: as a test of predominance of sexual desire, as a test for therapeutic efficacy, and as a threshold test of sexual risk. Drawing on works of theorists of materialization and proponents of script theory, we argue that within each assemblage phallometric testing materializes male desire and renders it measurable via a 'technosexual script'. We consider the performative effects of phallometry in establishing scientific conceptions of normal and abnormal sexualities. At the same time, through attention to debates among practitioners and broader controversies surrounding the employment of phallometry, we examine the limits of researchers' abilities to establish the broader credibility of the test and capture the phenomenon of sexual desire. This analysis contributes to the study of truthing technologies (or 'truth machines') as a class, while also helping to build bridges between science and technology studies and sexuality studies.
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Turner DB, Boccaccini MT, Murrie DC, Harris PB. Jurors report that risk measure scores matter in sexually violent predator trials, but that other factors matter more. BEHAVIORAL SCIENCES & THE LAW 2015; 33:56-73. [PMID: 25613035 DOI: 10.1002/bsl.2154] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/04/2023]
Abstract
After deliberating to a verdict, jurors (N = 462) from 40 sexually violent predator (SVP) trials completed a questionnaire asking them to rate the extent to which risk measure scores, diagnoses, expert witness testimony, and offender characteristics described during the trials influenced their commitment decisions. Jurors reported that offenders' sexual offending history, failure to change, and lack of remorse had the strongest influence on their commitment decisions. They reported that testimony about risk instrument scores (e.g., Static-99) and psychopathy had less influence on their decisions, but those who did report being influenced by instrument results were especially likely to view the offender as being at a high risk for reoffending. Overall, findings suggest that SVP jurors view risk measure results as important, but not as important as other offender, offense, and testimony characteristics, including some that have limited relevance to recidivism risk. Thus, findings also suggest that experts may need to better educate jurors regarding factors that do and do not relate to recidivism risk.
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Affiliation(s)
- Darrel B Turner
- Psychology Department, Sam Houston State University, TX, United States
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Blais J. Preventative detention decisions: reliance on expert assessments and evidence of partisan allegiance within the Canadian context. BEHAVIORAL SCIENCES & THE LAW 2015; 33:74-91. [PMID: 25693952 DOI: 10.1002/bsl.2155] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/04/2023]
Abstract
The purpose of this study was to examine judges' written reasons for sentencing in preventative detention hearings and the expert risk assessment reports presented, to determine the level of reliance placed on expert risk assessment reports and to examine the presence of partisan allegiance within the Canadian context. Results demonstrated that judges' decisions were consistent with expert assessments in terms of risk, treatment amenability, and risk management. Experts' ratings of treatment amenability and risk management were also significant predictors of the designation outcome, indicating that judges rely on this information in making their final decision. Finally, there was evidence of partisan allegiance, with prosecution-retained Psychopathy Checklist-Revised scores being significantly higher than defense-retained experts' scores. The results have implications for the development of consistent guidelines for the communication of risk, treatment amenability, and management information.
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Affiliation(s)
- Julie Blais
- Department of Psychology, Carleton University, Ottawa, ON, Canada, K1S 5B6
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Perillo AD, Spada AH, Calkins C, Jeglic EL. Examining the scope of questionable diagnostic reliability in Sexually Violent Predator (SVP) evaluations. INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY 2014; 37:190-197. [PMID: 24274914 DOI: 10.1016/j.ijlp.2013.11.005] [Citation(s) in RCA: 2] [Impact Index Per Article: 0.2] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/02/2023]
Abstract
Research has suggested questionable reliability of diagnosing mental abnormality during Sexually Violent Predator (SVP) evaluations, despite this being a necessary requirement for SVP commitment. Findings have been inconsistent across studies, and little is known about the extent of such trends across diagnoses and clinicians. The current study includes data from 375 sex offenders referred for evaluation for SVP commitment in New Jersey. Clinicians (n = 128) rendered a variety of diagnoses, most commonly Pedophilia. Results suggested questionable agreement across paraphilic and non-paraphilic diagnoses, although agreement was fair for diagnoses of Pedophilia. Further analyses of cases (n = 49) involving clinicians receiving a large number of referrals (n = 14) were generally consistent with these findings, with no outlier effect apparent. Findings suggest questionable diagnostic reliability to be a widespread issue in SVP evaluations, present across a variety of diagnoses and across the general body of clinicians involved in evaluations.
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Affiliation(s)
- Anthony D Perillo
- John Jay College and the Graduate Center, CUNY, New York, NY, United States.
| | - Ashley H Spada
- John Jay College and the Graduate Center, CUNY, New York, NY, United States
| | - Cynthia Calkins
- John Jay College of Criminal Justice, New York, NY, United States
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14
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Krauss DA, Scurich N. Risk assessment in the law: legal admissibility, scientific validity, and some disparities between research and practice. BEHAVIORAL SCIENCES & THE LAW 2013; 31:215-229. [PMID: 23613165 DOI: 10.1002/bsl.2065] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/02/2023]
Abstract
Risk assessment expert testimony remains an area of considerable concern within the U.S. legal system. Historically, controversy has surrounded the constitutionality of such testimony, while more recently, following the adoption of new evidentiary standards that focus on scientific validity, the admissibility of expert testimony has received greater scrutiny. Based on examples from recent appellate court cases involving sexual violent predator (SVP) hearings, we highlight difficulties that courts continue to face in evaluating this complex expert testimony. In each instance, we point to specific problems in courts' reasoning that lead it to admit expert testimony of questionable scientific validity. We conclude by offering suggestions for how courts might more effectively evaluate the scientific validity of risk expert testimony and how mental health professionals might better communicate their expertise to the courts.
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Affiliation(s)
- Daniel A Krauss
- Department of Psychology, Claremont McKenna College, 850 Columbia Ave, Claremont, CA 91711, USA.
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15
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A comparative analysis of Australian sex offender legislation for sex offender registries. ACTA ACUST UNITED AC 2011. [DOI: 10.1177/0004865811419065] [Citation(s) in RCA: 24] [Impact Index Per Article: 1.8] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/15/2022]
Abstract
Australia has followed the course taken by other English-speaking countries in recent years of enacting legislation that requires convicted sexual offenders to register personal details with law enforcement agencies. These laws have been enacted to protect the public from the perceived threat posed by sex offenders, but have been written with little apparent reference to the available research literature about the nature and extent of this threat. In addition, there is no empirical evidence supporting the effectiveness of legislatively based sex offender registries to either reduce sexual offending or to enable the police to investigate sex crimes and apprehend offenders. This article compares and contrasts the current laws governing sex offender registration enacted by the various states and territories in Australia, and offers a critical analysis of their provisions in light of the research literature on sexual offending.
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Blasko BL, Jeglic EL, Mercado CC. Are actuarial risk data used to make determinations of sex offender risk classification? An examination of sex offenders selected for enhanced registration and notification. INTERNATIONAL JOURNAL OF OFFENDER THERAPY AND COMPARATIVE CRIMINOLOGY 2011; 55:676-692. [PMID: 20592055 DOI: 10.1177/0306624x10372784] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/29/2023]
Abstract
This study examined whether evaluators use actuarial risk scores and risk information to make determinations about sex offender risk status for the purpose of enhanced registration and notification. Although it was expected that sexual offenders selected for enhanced registration and notification would have higher scores on actuarial risk assessment tools than those who were not selected, few differences were found between groups with regard to risk factors associated with sexual offense recidivism. Given that actuarial tools enhance the prediction of sexual recidivism, this study may shed light on problems in the implementation of sex offender policy measures. Results are discussed as they pertain to the assessment and application of registration and community notification statutes for sexual offenders.
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Affiliation(s)
- Brandy L Blasko
- Department of Criminal Justice, Temple University, 1115 W. Berks St., Gladfelter Hall, Philadelphia, PA 19122, USA.
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McCabe JG, Krauss DA. The effect of acknowledging mock jurors' feelings on affective and cognitive biases: it depends on the sample. BEHAVIORAL SCIENCES & THE LAW 2011; 29:331-357. [PMID: 21766326 DOI: 10.1002/bsl.990] [Citation(s) in RCA: 6] [Impact Index Per Article: 0.5] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/31/2023]
Abstract
An intervention designed to correct affective and cognitive biases was tested in the context of a civil commitment hearing of a sexually violent predator. Potential differences between a college student mock jury sample and a more representative, juror venire sample in reaction to these bias correction interventions were explored. In the first of two experiments, undergraduate mock jurors (n = 130) demonstrated a leniency effect when the sex offender's attorney acknowledged jurors' emotional reactions and motivated them to thoughtfully weigh the evidence. The second experiment failed to replicate these findings with a more ecologically valid sample (n = 300). Several differences between samples were found: representative jurors, as opposed to undergraduates, were sensitive to differences between pure clinical and actuarial expert testimony; and measures of intrinsic cognitive effort predicted verdicts for undergraduates, but not for representative jurors. Copyright © 2011 John Wiley & Sons, Ltd.
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McCabe JG, Krauss DA, Lieberman JD. Reality check: a comparison of college students and a community sample of mock jurors in a simulated sexual violent predator civil commitment. BEHAVIORAL SCIENCES & THE LAW 2010; 28:730-750. [PMID: 19856483 DOI: 10.1002/bsl.902] [Citation(s) in RCA: 9] [Impact Index Per Article: 0.6] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/28/2023]
Abstract
Despite concerns about generalizability, past mock trial research has concluded that effects of sample (i.e., students versus representative mock jurors) are negligible. The current study was conducted to explore this conclusion within the conceptual framework of cognitive-experiential self-theory (CEST). Through a mock civil commitment hearing of a sexually violent predator, responses of student (n = 138) and representative (n = 240) mock jurors were compared. Results revealed several important differences between samples: (a) the student sample scored higher on the rational processing measure (i.e., need for cognition); (b) students' verdicts were also significantly correlated to a measure of their cognitive processing style, an enduring personal characteristic related to the extent to which an individual engages in either effortful/effortless cognition; and (c) the representative sample was more punitive, was more persuaded by clinical expert testimony, and evidenced a greater gender effect in its decisions. Implications for jury decision-making research are discussed.
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Affiliation(s)
- John G McCabe
- Psychology, Claremont McKenna College, 850 Columbia Avenue, Claremont, CA 91711, USA.
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Elwood RW. Mental disorder, predisposition, prediction, and ability to control: evaluating sex offenders for civil commitment. SEXUAL ABUSE : A JOURNAL OF RESEARCH AND TREATMENT 2009; 21:395-411. [PMID: 19901235 DOI: 10.1177/1079063209347723] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.2] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/28/2023]
Abstract
Nearly 20 years after the first sexually violent person (SVP) statutes were introduced in the United States, the civil commitment of sex offenders remains controversial. SVP laws require that a sex offender has a mental condition that predisposes them to commit sex offenses and poses a high risk to reoffend because of serious difficulty controlling behavior. The controversy over the commitment of sex offenders is fueled by different interpretations of those key constructs. This article reviews those constructs; evaluates them from clinical, epidemiologic, and legal perspectives; and proposes interpretations that address both the major criticisms of civil commitment and the challenges in SVP assessment.
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Doyle DJ, Ogloff JR. Calling the Tune Without the Music: A Psycho-Legal Analysis of Australia's Post-Sentence Legislation. ACTA ACUST UNITED AC 2009. [DOI: 10.1375/acri.42.2.179] [Citation(s) in RCA: 13] [Impact Index Per Article: 0.9] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/05/2022]
Abstract
Australian governments have introduced legislation to detain or supervise sex offenders whose sentences have expired but who are still considered to be dangerous. In the enactment of these controversial laws, governments largely overlooked a significant body of empirical knowledge on sexual offending and risk prediction. Consequently, these schemes are based on unexamined assumptions. Accordingly, an evaluation of the compatibility between these assumptions and the available science is warranted. To this end, the article will submit the central provisions of the legislation to a psycho-legal analysis whereby the assumptions underpinning the laws will be weighed against the empirical evidence. The article reveals that there is considerable disconnect between the laws' assumptions and the existing literature on sexual offending and risk prediction, such that the evidence suggests that the legislation will not achieve its aims in any meaningful and sustainable way. Future criminal justice policy in the area of sex offending needs to be collaboratively developed between policymakers and the relevant scientific communities and experts. It must be founded on cost-effective and empirically defensible approaches based on what we understand, rather than what we fear, about sex offenders.
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Affiliation(s)
- Dominic J. Doyle
- Centre for Forensic Behavioural Science, Monash University and Victorian Institute of Forensic Mental Health (Forensicare), Australia
| | - James R.P. Ogloff
- Centre for Forensic Behavioural Science, Monash University and Victorian Institute of Forensic Mental Health (Forensicare), Australia
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Habermeyer E, Passow D, Puhlmann P, Vohs K, Herpertz S. Sexual offenders in preventive detention: data concerning the inmates and expert witness practice. INTERNATIONAL JOURNAL OF OFFENDER THERAPY AND COMPARATIVE CRIMINOLOGY 2009; 53:373-384. [PMID: 18378629 DOI: 10.1177/0306624x08316152] [Citation(s) in RCA: 2] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/26/2023]
Abstract
In the last decade, preventive detention-especially that relating to sexual offenders- has gained relevance for the German legal system. However, data are lacking concerning the inmates and the modus operandi of the psychiatric experts. Court orders and psychiatric statements of 114 offenders with orders of preventive detention were examined, 57 of whom were incarcerated because of sexual offences. Sexual offenders mostly show antisocial personality traits or even disorders, with a history of poly-trophic delinquency. In only four cases, the diagnosis of a sexual disorder was given. The analysis showed a high rate of psychiatric expert testimonies' lacking basic information, with incomplete assessment of sexual history. None of the experts used standardized prognostic instruments, meaning that most of the risk factors included in the Sexual Violence Risk-20 and the Static-99 were not considered. Further work needs to be done to improve the quality of psychiatric statements concerning sexual offenders.
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Hayes S. The Relationship Between Childhood Abuse, Psychological Symptoms and Subsequent Sex Offending. JOURNAL OF APPLIED RESEARCH IN INTELLECTUAL DISABILITIES 2009. [DOI: 10.1111/j.1468-3148.2008.00459.x] [Citation(s) in RCA: 11] [Impact Index Per Article: 0.7] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/28/2022]
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23
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Langton CM, Barbaree HE, Harkins L, Peacock EJ, Arenovich T. Further investigation of findings reported for the Minnesota sex offender screening tool-revised. JOURNAL OF INTERPERSONAL VIOLENCE 2008; 23:1363-1379. [PMID: 18309040 DOI: 10.1177/0886260508314302] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/26/2023]
Abstract
Among a number of widely used risk assessment instruments with adult sexual offenders, the Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) has been subject to relatively few evaluation studies. Only two independent research groups have published replication studies in the peer-reviewed literature with data not provided by the MnSOST-R's developers, and the results regarding the accuracy of predicting sexual recidivism have been mixed. In this article, important differences between the Barbaree et al. and Langton et al. studies are presented. Analyses reported for the various subsets comprising these two samples indicate that coding discrepancies in the Barbaree et al. study account for the different findings, with a moderate level of predictive accuracy using the Receiver Operating Characteristic curve ultimately found for the MnSOST-R in both data sets.
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24
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Jackson RL. Sex Offender Civil Commitment: Recommedations for Empirically Guided Evaluations. ACTA ACUST UNITED AC 2008. [DOI: 10.1177/009318530803600304] [Citation(s) in RCA: 5] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/15/2022]
Abstract
Evaluations of sex offenders in the context of civil commitment occur both pre- and post-commitment. Pre-commitment evaluations must address the relevant prongs of the state's civil commitment statute including the presence of a mental disorder or abnormality, likelihood of future sexual violence, and the volitional link between the two. Post-commitment evaluations must assess treatment progress and readiness for release. A thorough understanding of assessment and diagnostic issues relating to sexual offender civil commitment are essential in conducting both pre- and post-commitment evaluations. The high stakes nature of sex offender civil commitment demands rigorous and empirically based evaluations.
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Murrie DC, Boccaccini MT, Johnson JT, Janke C. Does interrater (dis)agreement on Psychopathy Checklist scores in sexually violent predator trials suggest partisan allegiance in forensic evaluations? LAW AND HUMAN BEHAVIOR 2008; 32:352-62. [PMID: 17616792 DOI: 10.1007/s10979-007-9097-5] [Citation(s) in RCA: 24] [Impact Index Per Article: 1.5] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 10/20/2006] [Accepted: 05/18/2007] [Indexed: 05/16/2023]
Abstract
Many studies reveal strong interrater agreement for Hare's Psychopathy Checklist-Revised (PCL-R) when used by trained raters in research contexts. However, no systematic research has examined agreement between PCL-R scores from independent clinicians who are retained by opposing sides in adversarial legal proceedings. We reviewed all 43 sexual-offender civil-commitment trials in one state and identified 23 cases in which opposing evaluators reported PCL-R total scores for the same individual. Differences between scores from opposing evaluators were usually in a direction that supported the party who retained their services. These score differences were greater in size than would be expected based on the instrument's standard error of measurement or the rater agreement values reported in previous PCL-R research. The intraclass correlation for absolute agreement for the PCL-R Total score from a single rater (ICC 1,A = .39) was well below levels of agreement observed for the PCL-R in research contexts, and below published test-retest values for the PCL-R. Results raise concerns about the potential for a forensic evaluator's "partisan allegiance" to influence PCL-R scores in adversarial proceedings.
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Affiliation(s)
- Daniel C Murrie
- Department of Psychology, Sam Houston State University, Box 2447, Huntsville, TX 77341, USA
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Mossman D. Analyzing the performance of risk assessment instruments: a response to Vrieze and Grove (2007). LAW AND HUMAN BEHAVIOR 2008; 32:279-291. [PMID: 18060487 DOI: 10.1007/s10979-007-9123-7] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 07/25/2007] [Accepted: 10/18/2007] [Indexed: 05/25/2023]
Abstract
In a recent article, Vrieze and Grove (Law Hum Behav, doi: 10.1007/s10979-007-9092-x , 2007) argue that, because of low recidivism base rates and limited predictive accuracy, an actuarial risk assessment instrument (ARAI) may produce decisions about sex offenders that are worse than simply predicting that no one will commit another sex offense. This article examines: (1) the construction and potential overfitting of ARAIs; (2) the meaning, value, and limitations of ROC areas; and (3) the relationship between the operating point that maximizes an ARAI's correct classifications and the legal criterion-"likely to reoffend"-used for sex offender designations. Contrary to what Vrieze and Grove suggest, ARAIs of modest accuracy yield probabilistic information that is more relevant to legal decision-making than just "betting the base rate."
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Affiliation(s)
- Douglas Mossman
- Department of Psychiatry, Boonshoft School of Medicine, Wright State University, East Medical Plaza, First Floor, 627 Edwin C. Moses Blvd., Dayton, OH 45408-1461, USA.
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Donaldson T, Wollert R. A mathematical proof and example that Bayes's Theorem is fundamental to actuarial estimates of sexual recidivism risk. SEXUAL ABUSE : A JOURNAL OF RESEARCH AND TREATMENT 2008; 20:206-217. [PMID: 18490482 DOI: 10.1177/1079063208317734] [Citation(s) in RCA: 4] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/26/2023]
Abstract
Expert witnesses in sexually violent predator (SVP) cases often rely on actuarial instruments to make risk determinations. Many questions surround their use, however. Bayes's Theorem holds much promise for addressing these questions. Some experts nonetheless claim that Bayesian analyses are inadmissible in SVP cases because they are not accepted by the relevant scientific community. This position is illogical because Bayes's Theorem is simply a probabilistic restatement of the way that frequency data are combined to arrive at whatever recidivism rates are paired with each test score in an actuarial table. This article presents a mathematical proof and example validating this assertion. The advantages and implications of a logic model that combines Bayes's Theorem and the null hypothesis are also discussed.
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Witzel J, Walter M, Bogerts B, Northoff G. Neurophilosophical perspectives of neuroimaging in forensic psychiatry-giving way to a paradigm shift? BEHAVIORAL SCIENCES & THE LAW 2008; 26:113-130. [PMID: 18327827 DOI: 10.1002/bsl.798] [Citation(s) in RCA: 5] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/26/2023]
Abstract
Forensic psychiatry is concerned with the relationship between psychiatric abnormalities and legal violations and crimes. Due to the lack of available biological criteria, evaluation and therapy in forensic psychiatry have so far been restricted to psychosocial and mental criteria of offenders' personalities. Recent advances in neurosciences allow a closer approach to the neural correlates of personality, moral judgments and decision-making. We propose to discuss the introduction of biological criteria in the field of forensic psychiatry and to establish rules as to what extent such biological criteria will be a better and more reliable choice in judging mentally ill criminals by using all available information that can be obtained by biological means. Psychosocial and subjective criteria in forensic evaluation will be more and more accomplished by biopsychosocial and objective criteria. The responsibility of having committed a criminal act will no longer be exclusively defined by judging free and voluntary decision-making, but rather by brain-behavior relationships. What is often referred to as psychosocially determined mental processes thus could be complemented by estimating the degree of biopsychosocially determined neural processes. We conclude that such a process could contribute to a paradigm shift in forensic psychiatry, which will have profound implications for offenders, forensic psychologists and psychiatrists, the law and society in general.
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Affiliation(s)
- Joachim Witzel
- Central State Forensic Psychiatric Hospital of Saxony-Anhalt, Uchtspringe, Germany
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Jackson RL, Hess DT. Evaluation for civil commitment of sex offenders: a survey of experts. SEXUAL ABUSE : A JOURNAL OF RESEARCH AND TREATMENT 2007; 19:425-448. [PMID: 18000756 DOI: 10.1177/107906320701900407] [Citation(s) in RCA: 21] [Impact Index Per Article: 1.2] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 06/18/2007] [Accepted: 10/08/2007] [Indexed: 05/25/2023]
Abstract
At this study's commencement, 17 states had enacted sex offender civil commitment legislation. Although each statute outlines broad criteria that must be met, civil commitment evaluators are given considerable latitude in how to conduct their assessment. Forty-one experts who conduct sex offender civil commitment evaluations were surveyed to identify the usual practice of these evaluators. A great deal of agreement exists across experts regarding the conduct of sex offender civil commitment evaluations. However, these patterns appear quite different from the usual practice outlined in other types of forensic evaluations. Experts in sex offender civil commitment endorsed documentation as the core method for evaluation. The majority of evaluators reported the assessment of paraphilias, substance abuse, other Axis I disorders, Axis II disorders, and psychopathy as essential to the evaluation. Virtually all survey respondents utilized actuarial risk assessment measures, primarily the Static-99, in assessing for risk of future sexual violence. Although several approaches to assessing volitional impairment were described, the majority of respondents reported that a history of sex offending combined with a personality disorder or a paraphilia established the necessary link between mental abnormality and risk of future sexual violence. An overwhelming majority of experts indicated that it was essential for evaluators to report their ultimate opinion as to whether criteria had been met for civil commitment. Future research regarding the use and incorporation of documentation should be conducted to determine whether the heavy reliance on documentation is unique to sex offender civil commitment evaluations, or whether it is commonly used in other forensic evaluations.
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Affiliation(s)
- Rebecca L Jackson
- Pacific Graduate School of Psychology, 935 E. Meadow Drive, Palo Alto, CA 94303, USA.
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Allan A, Dawson D, Allan MM. Prediction of the risk of male sexual reoffending in Australia. AUSTRALIAN PSYCHOLOGIST 2007. [DOI: 10.1080/00050060500391886] [Citation(s) in RCA: 19] [Impact Index Per Article: 1.1] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 10/25/2022]
Affiliation(s)
- Alfred Allan
- Clinical Forensic Psychology Program, Edith Cowan University , Joondalup
| | - Deborah Dawson
- Western Australian Department of Justice, Offender Program Branch , Perth, Western Australia, Australia
| | - Maria M. Allan
- Clinical Forensic Psychology Program, Edith Cowan University , Joondalup
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Lieberman JD, Krauss DA, Kyger M, Lehoux M. Determining dangerousness in sexually violent predator evaluations: cognitive-experiential self-theory and juror judgments of expert testimony. BEHAVIORAL SCIENCES & THE LAW 2007; 25:507-26. [PMID: 17620274 DOI: 10.1002/bsl.771] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.2] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/16/2023]
Abstract
Past research examining the effects of expert testimony on the future dangerousness of a defendant in death penalty sentencing found that jurors are more influenced by less scientific clinical expert testimony and tend to devalue scientific actuarial testimony. This study was designed to determine whether these findings extend to civil commitment trials for sexual offenders and to test a theoretical rationale for this effect. In addition, we investigated the influence of a recently developed innovation in risk assessment procedures, Guided Professional Judgment (GPJ) instruments. Consistent with a cognitive-experiential self-theory based explanation, mock jurors motivated to process information in an experiential condition were more influenced by clinical testimony, while mock jurors in a rational mode were more influenced by actuarial testimony. Participants responded to clinical and GPJ testimony in a similar manner. However, participants' gender exerted important interactive effects on dangerousness decisions, with male jurors showing the predicted effect while females did not. The policy implications of these findings are discussed.
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Affiliation(s)
- Joel D Lieberman
- Department of Criminal Justice, University of Nevada, 4505 Maryland Parkway, Box 455009, Las Vegas, NV 89154-5009, USA.
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Mercado CC, Ogloff JRP. Risk and the preventive detention of sex offenders in Australia and the United States. INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY 2007; 30:49-59. [PMID: 17157911 DOI: 10.1016/j.ijlp.2006.02.001] [Citation(s) in RCA: 8] [Impact Index Per Article: 0.5] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 07/26/2005] [Revised: 01/06/2006] [Accepted: 02/07/2006] [Indexed: 05/12/2023]
Abstract
The development of recent statutory schemes, in both the United States and Australia, aim to keep the most dangerous sex offenders detained beyond the expiration of their prison sentence. In Kansas v. Hendricks (1997), the United States Supreme Court found constitutional Sexually Violent Predator (SVP) legislation that allows for the post-sentence, indefinite civil commitment of a subclass of dangerous offenders. More recently, the Australian High Court in Attorney-General (Qld) v. Fardon (2004) similarly upheld the constitutionality of Queensland's Dangerous Prisoners (Sexual Offenders) Act (2003), which allows for the post-sentence preventive detention of sex offenders deemed to be at high risk of serious sexual recidivism. Because an evaluation of a sex offender's likelihood of re-offending is fundamental to these schemes, this article provides an overview of recent advances in the risk assessment literature, discussing base rates of sexual recidivism, the identification of empirically validated risk factors, and the utility of structured risk assessment tools. Although it is recommended that risk assessment measures be utilized to assist the courts in making sound decisions about commitment, the limits of current research knowledge and areas of future research need are discussed.
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Abstract
PURPOSE OF REVIEW Sexual violence is a multidimensional concept that is not completely understood even within forensic psychiatry. Violent sexual behaviour such as sexually sadistic homicides would be included within the definition, but it is commonly defined more broadly as any deviant sexual behaviour. In this review, the broadest definition of sexual violence is used in order to facilitate the most comprehensive review of scientific articles in the field. RECENT FINDINGS This review covers sexual violence from the extreme of sexually motivated homicides to sexual violence in Internet crimes. The review can be divided into four subject areas. The first relates to extreme sexual violence such as sexually motivated homicide, the second area refers to Internet sexual offending, the third relates to studies on the characteristics of the perpetrators of sexual offending behaviour and the fourth relates to risk evaluation and the prevalence of sexual violence. SUMMARY Significant advances have been made in relation to sexual sadism. Deviant sexual behaviour using the Internet is being studied. Significant research advances continue in understanding clinical characteristics of various types of sexual offenders. Other important areas of research relate to meta-analytical studies of sexual offenders.
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Wollert R. Low base rates limit expert certainty when current actuarials are used to identify sexually violent predators: An application of Bayes's theorem. ACTA ACUST UNITED AC 2006. [DOI: 10.1037/1076-8971.12.1.56] [Citation(s) in RCA: 55] [Impact Index Per Article: 3.1] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/08/2022]
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Miller HA. A dynamic assessment of offender risk, needs, and strengths in a sample of pre-release general offenders. BEHAVIORAL SCIENCES & THE LAW 2006; 24:767-82. [PMID: 17171765 DOI: 10.1002/bsl.728] [Citation(s) in RCA: 5] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/13/2023]
Abstract
Static, dynamic, and protective factors have been identified as three focal domains significantly related to offender recidivism. However, few measures include comprehensive and inclusive assessment of these variables. The Inventory of Offender Risk, Needs, and Strengths (IORNS) was developed to fill a void in the assessment of risk and needs for offenders. The current study examines the reliability and initial validity of the IORNS in a sample of pre-release offenders assessed for risk and treatment need. Results indicate moderate to high levels of internal consistency and identical IORNS scale results across race, and that the IORNS indexes, scales, and subscales display good convergent validity with self-report and interview measures of static risk, dynamic risk, antisocial behavior, psychopathy, personality pathology, substance abuse, depression, and anxiety. Initial predictive validity examination of the IORNS indicates that several of the indexes, scales, and subscales were able to differentiate offenders who were sent back to prison for half-way house rule violations from those who did not violate rules.
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Affiliation(s)
- Holly A Miller
- College of Criminal Justice, Sam Houston State University, Huntsville, TX, USA.
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