Amnesia for violent crime among young offenders

Ruling out feigned crime-related amnesia? A response to Acklin (2022)

In a recent paper, Acklin discussed a case of possible amnesia for a murder in terms of neurobiology, psychoanalysis, and personality assessment. Acklin accepted the defendant's claim of amnesia for the crime as genuine. The considerable literature that takes a skeptical view of crime-related amnesia was not cited, and the possibility of feigning or malingering was "ruled out" with a single sentence that does not withstand scrutiny. A review of the literature on feigned amnesia suggests that it may not be possible to rule out malingering even if the best available tools are used: There has been minimal investigation of most validity tests and estimates of base rates of feigned amnesia for a crime vary widely and make estimates of Negative Predictor Power highly unreliable. Although one cannot know from the information presented if Acklin's defendant legitimately experienced amnesia, feigning could not be ruled out using an interview and the test data cited by Acklin. I call for a moratorium on publication of further articles on crime specific amnesia that do not conscientiously examine other potential explanations and do not use current best practices for assessing negative response bias.

The Memory-Undermining Effect of Simulated Crime-Related Amnesia and Its Legal Implications: a Review

Pretending to suffer from amnesia for a mock crime has been shown to lead to memory impairments. Specifically, when people are asked to give up their role of simulators, they typically recall fewer crime-relevant details than those who initially confess to a crime. In the current review, we amassed all experimental work on this subject and assessed the characteristics of the memory-undermining effect of simulated amnesia for a crime procedure (i.e., crime stimuli, simulating amnesia instructions, memory tests, and memory outcomes). We specifically focused on the effect that crime-related amnesia claims may have on offenders’ final memory reports. Our review showed that simulators who initially claimed amnesia might paradoxically experience some sort of forgetting pertaining to crime-related information. This issue could likely lead to legal complications that need be taken into account in crime-related amnesia cases.

Homicide as a Source of Posttraumatic Stress?: A Meta-Analysis of the Prevalence of Posttraumatic Stress Disorder After Committing Homicide

There is a growing body of literature on the diagnosis of posttraumatic stress disorder (PTSD) after committing homicide that has examined the prevalence of this phenomenon among individuals who have been convicted, but these studies considerably vary. The present study was the first meta-analysis to synthesize scientific evidence regarding the prevalence of offense-related PTSD among convicted killers. A total of 691 articles were identified through an initial screening process, and the final analysis included 11 studies that met the analysis criteria. We examined the prevalence of PTSD after committing homicide and explored how these rates varied by sample type, offender type, diagnosis timeframe, and diagnosis type. Among adult offenders, the pooled prevalence was 42.6%, 95% CI [38.0%, 47.4%], for current full-criteria homicide-related PTSD and 13.1%, 95% CI [9.9%, 17.2%], for current partial-criteria homicide-related PTSD. For mixed offenders (i.e., killers and violent offenders), the pooled prevalence of current full-criteria offense-related PTSD was 33.1% (95% CI [14.1, 59.8]). Thus, we found that PTSD prevalence was higher in killers than mixed offenders, although this difference was not statistically significant. Finally, among youth mixed offenders, the pooled prevalence for current full-criteria offense-related PTSD was 5.3%, 95% CI [2.9%, 9.5%]. These findings provide evidence of the high rate of this phenomenon, especially among convicted adults.

Investigating the Impact of Past Trauma and Defense Styles on Posttraumatic Stress Following Homicide and Psychiatric Co-morbidity

To examine the prevalence of PTSD following homicide and investigate the relationship between PTSD from past traumas, defense styles and PTSD following homicide and psychiatric co-morbidity. 167 male homicide perpetrators participated in the study and completed the Posttraumatic Stress Diagnostic Scale, the General Health Questionnaire-28 and the Defense Styles Questionnaire. 45% met the criteria for PTSD following homicide and 55% for no-PTSD. With the number of times for imprisonment adjusted, regression analyses showed that immature defense style was associated with PTSD following homicide with the severity of PTSD from past traumas as a moderator. Neurotic and immature defense styles and PTSD from past trauma were significantly and independently associated with psychiatric co-morbidity. Homicide perpetrators could develop PTSD following homicide. The severity of PTSD from past traumas could affect PTSD following homicide and other psychological problems, and influence the effect of using immature defense against PTSD from homicide. Past trauma, immature and neurotic defense styles had a unique and specific pattern of influence on psychological symptoms, other than trauma symptoms.

Exploring the interrelationship between alexithymia, defense style, emotional suppression, homicide-related posttraumatic stress disorder and psychiatric co-morbidity

This study investigated the interrelationship between alexithymia, defense style, emotional suppression, posttraumatic stress disorder (PTSD) following homicide and psychiatric co-morbidity. One hundred and fifty male homicide perpetrators and 156 male perpetrators of non-violent crime completed the Posttraumatic Stress Diagnostic Scale (except for non-violent perpetrators), the General Health Questionnaire-28, the Defense Styles Questionnaire, the Courtauld Emotional Control Scale and the Toronto Alexithymia Scale-20. The results showed that 44% of homicide perpetrators met the criteria for PTSD. No significant differences were found between groups in alexithymia, defense style and psychiatric co-morbidity. Homicide perpetrators suppressed depression significantly more than the non-violent group. PLS analyses showed that alexithymia was significantly correlated with defense style. Defense styles were significantly correlated with emotional suppression which, in turn, was associated with homicide-related PTSD and psychiatric co-morbidity. To conclude, perpetrators can experience PTSD reactions following the act of homicide. The severity of these reactions and other psychological problems were related to difficulty getting in touch with distressing emotions, the defenses they used to protect themselves psychologically and the way they suppressed their emotion.

'Drugs That Make You Feel Bad'? Remorse-Based Mitigation and Neurointerventions

In many jurisdictions, an offender's remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective and motivational elements of remorse. We then describe a number of neurointerventions that might plausibly be used to enhance abilities that are relevant to these different elements of remorse. Having described what we term the 'moral value' view of the justification of remorse-based mitigation (according to which remorse-based mitigation is justified insofar as mitigation serves as a deserved form of response to the moral value of the offender's remorse), we then consider whether using neurointerventions to facilitate remorse would undermine its moral value, and thus make it inappropriate to honour such remorse in the criminal justice system. We respond to this question by claiming that the form of moral understanding that is incorporated into a genuinely remorseful response grounds remorse's moral value. In view of this claim, we conclude by arguing that neurointerventions need not undermine remorse's moral value on this approach, and that the remorse that such interventions might facilitate could also be authentic to the recipient of the neurointerventions that we discuss.

The neuroscience of face processing and identification in eyewitnesses and offenders

Humans are experts in face perception. We are better able to distinguish between the differences of faces and their components than between any other kind of objects. Several studies investigating the underlying neural networks provided evidence for deviated face processing in criminal individuals, although results are often confounded by accompanying mental or addiction disorders. On the other hand, face processing in non-criminal healthy persons can be of high juridical interest in cases of witnessing a felony and afterward identifying a culprit. Memory and therefore recognition of a person can be affected by many parameters and thus become distorted. But also face processing itself is modulated by different factors like facial characteristics, degree of familiarity, and emotional relation. These factors make the comparison of different cases, as well as the transfer of laboratory results to real live settings very challenging. Several neuroimaging studies have been published in recent years and some progress was made connecting certain brain activation patterns with the correct recognition of an individual. However, there is still a long way to go before brain imaging can make a reliable contribution to court procedures.

False memories for aggressive acts

Can people develop false memories for committing aggressive acts? How does this process compare to developing false memories for victimhood? In the current research we used a simple false feedback procedure to implant false memories for committing aggressive acts (causing a black eye or spreading malicious gossip) or for victimhood (receiving a black eye). We then compared these false memories to other subjects' true memories for equivalent events. False aggressive memories were all too easy to implant, particularly in the minds of individuals with a proclivity towards aggression. Once implanted, the false memories were indistinguishable from true memories for the same events, on several dimensions, including emotional content. Implications for aggression-related memory more generally as well as false confessions are discussed.

Alcohol-induced blackout as a criminal defense or mitigating factor: an evidence-based review and admissibility as scientific evidence

Alcohol-related amnesia--alcohol blackout--is a common claim of criminal defendants. The generally held belief is that during an alcohol blackout, other cognitive functioning is severely impaired or absent. The presentation of alcohol blackout as scientific evidence in court requires that the science meets legal reliability standards (Frye, FRE702/Daubert). To determine whether "alcohol blackout" meets these standards, an evidence-based analysis of published scientific studies was conducted. A total of 26 empirical studies were identified including nine in which an alcohol blackout was induced and directly observed. No objective or scientific method to verify the presence of an alcoholic blackout while it is occurring or to confirm its presence retrospectively was identified. Only short-term memory is impaired and other cognitive functions--planning, attention, and social skills--are not impaired. Alcoholic blackouts would not appear to meet standards for scientific evidence and should not be admissible.

Homicidal behaviour among people with avoidant, dependent and obsessive-compulsive (cluster C) personality disorder

BACKGROUND

Despite a growing forensic psychiatry literature, no previous study has examined in detail homicidal behaviour among offenders with cluster C personality disorders - the avoidant, dependent or obsessional personality disorders.

AIMS

This study aims to compare homicide offenders with cluster C personality disorders with those with other personality disorders on criminal history, offender-victim relationship and post-offence reaction variables.

METHODS

The sample was drawn from all Finnish homicide cases of 1996-2004 for whom a forensic psychiatric evaluation had been conducted. Data were extracted from forensic psychiatric and crime reports.

RESULTS

In a nationwide sample of 593 homicide offenders, 21 had at least one cluster C personality disorder. These offenders had significantly shorter criminal histories than the others. Offender-victim relationship did not differ between the groups, but confession to the crime and feelings of remorse were more common among people with cluster C disorders. In addition, compared with other personality disorder clusters, co-morbid depression was more common.

CONCLUSIONS

Cluster C personality disorders are rare, but not nonexistent, among homicide offenders. Observed differences in their backgrounds and post-offence behaviours indicate that they may have special needs.

Evaluating amnesia for criminal behavior: a guide to remember

This article provides a guide that is important to remember in evaluating a criminal defendant's amnesia claim. Important concepts to understand regarding memory formation, memory systems, proposed causes of amnesia, reasons why amnesia claims may be true or false, and important strategies to implement as part of the evaluation process are reviewed. Structured assessment approaches are critical components of amnesia evaluations and generally require detailed questioning, review of collateral records, medical and neurologic workups, psychological testing, neuropsychological testing, and specific malingering assessments.