From tarasoff to hopper: The evolution of the therapist's duty to protect third parties

The duty of therapists to protect third parties has gained national attention following the analyses of the California Supreme Court in Tarasoff v. Regents of the University of California in 1974 and in 1976. The assassination attempt by John Hinckley, Jr., has spawned yet another “duty to protect” case (Hopper v. Brady). Utilizing the issues involved in Hopper, this paper discusses the psychotherapists' duty to protect from harm the patients' potential victims. Following an analysis of Hopper, Tarasoff is extensively reviewed. The evolution of Tarasoff within California and other jurisdictions is traced. Finally, an appraisal of the current status of the therapists' duty to protect as applied to Hopper and future cases is presented.     

Predicting violence in the violent society

It is argued (a) that the leadership position of the United States in respect to our domestic rates of interpersonal violence is likely to remain unchallenged so long as public policy continues to encourage and support the rearing of biologically susceptible children by parents (especially single parents) who are unwilling or unable to socialize those children. This high incidence of violent crime in America underscores the importance of two additional issues of special interest to psychologists: (b) Are mental health professionals able to predict violence in individual mental patients or in criminal offenders (and how accurate do such predictions need to be in order to meet ethical standards)? and (c) How should clinicians apportion their “duty to protect” between their patients and their patients' potential victims? These issues are briefly reviewed, and the interested reader is referred to more comprehensive discussions in the recent literature.     

The prediction of violent behavior and the duty to protect third parties

A considerable theoretical, empirical, and clinical literature has accumulated on the prediction of dangerous and violent behavior. Despite the pleas of mental health professionals that the prediction of violent behavior is not clinically feasible, courts upholding a therapist's duty to protect third parties have created a legal duty to do so. The first generation of research studies of the clinical prediction of violent behavior focused on long-term predictions in offender populations, of little direct relevance to the setting of outpatient therapy with nonoffenders. More recent clinical research has centered on predictions of imminent violence in noncriminal populations, particularly in the process of involuntary hospitalization, but this reveals relatively low levels of predictive accuracy. Methodologic and ethical factors also limit the generalizability of such work. Given the likelihood that significant numbers of false positive predictions will result, especially in the low base rate population of outpatient treatment, it is suggested that therapists attempt to minimize the antitherapeutic influence of any breach of confidentiality.     

The secluded minds of violent patients

In this paper, I will present two violent patients suffering from severe Personality Disorders, illustrating the changes that can arise during the course of several years' psychoanalytic treatment in high security hospital. Progress was monitored using the Operationalised Psychodynamic Diagnostics (OPD) system. The clinical presentations will indicate how secluded these patients' minds are to themselves and to those involved in their care. The psychoanalytic treatment, as one part of the overall treatment, is described to show how the secluded parts of the patients'' minds can be approached, including references to the regular regressions that arise, provoked by ‘getting better’.     

The forgiveness process in primary and secondary victims of violent and sexual offences

It is possible that the physical and mental health of crime victims might be improved by forgiving those who have offended against them. To date, no research has been undertaken to examine the processes that influence victims' forgiveness. The goal of this project was to examine the forgiveness process in primary and secondary victims of violent and sexual crimes. In Study 1, qualitative data were collected by interviewing 21 people who had been affected by sexual or other violent crime. Data analysis identified five themes that were common to both primary and secondary victims, namely benefit of forgiveness, self‐forgiveness, perspective taking, offender behaviour, and time. An empowerment theme was unique to primary victims, and a principal victim theme was unique to secondary victims. To further explore these qualitative findings, a quantitative survey of 60 primary and secondary victims was conducted. Results confirmed that primary victims are pragmatic forgivers who are internally focused and forgive because that will benefit their healing. Conversely, secondary victims did not think forgiveness benefited, or would impact on, their own or the primary victim's recovery process. Neither group saw forgiveness as a moral issue, nor thought that forgiveness should influence whether an offender should face court.     

The heterogeneity of spouse abuse: a review

Recent research suggests that spouse abusers are not a homogeneous group. Holtzworth-Munroe and Stuart [Psychol. Bull. 116 (1994) 476] propose three types of domestic violent men: family only, generally violent/antisocial, and dysphoric/borderline personality. This theoretical classification is compared to nine empirical research studies and two hypothetical studies, which can be found in the literature dated from 1994 onwards. The review provides support for the threefold typology. The total averages of offenders classified by Holtzworth-Munroe and Stuart's typology across the studies were 50%, 30%, and 20%, respectively. However, when sample type was considered, a significant difference between court referrals and volunteers was found for the men's distribution across the three types, with court-referred men being less likely to be categorised into the family-only group. All research to date is criticised for its narrow focus on the offender and its lack of a scientific profiling approach. Other factors such as the context, triggers for violence, and the behavioural actions of the victim need to be considered. A more holistic family-focused typology is suggested to be more appropriate for those victims who do not want to separate from their violent spouse.     

Individual‐level and community‐level effects of war trauma on social representations related to humanitarian law

Theoretical and empirical accounts of violent intergroup conflict or reactions to victimization suggested psychosocial processes that are likely to paradoxically enhance war victims' justification of violations of humanitarian norms. To test for differences and similarities between individual and community reactions, multilevel analyses of the ‘People on War’ dataset were conducted. This data combines survey responses from fourteen different communities recently involved in armed conflict (N = 12, 047). At the individual level, findings support a specific cycle‐of‐violence hypothesis, indicating that victims of war report less support for a legal conception of humanitarian norms than do non‐victims. In contrast, at the community level, the higher the rate of victims, the more frequently community members adopt a legal conception of humanitarian norms. Further, the strength of condemnation of humanitarian norm violations is positively related to war duration and magnitude of fatalities. These findings are interpreted within a social‐representational framework. The collective experience of generalized vulnerability strengthens a shared perception of the need for formal justice, which cannot be reduced to the sum of the psychological consequences of community members' individual experiences of war trauma. Copyright © 2006 John Wiley & Sons, Ltd.     

The Impact of Sex and Gender Role Self-Perception on Affective Reactions to Different Types of Film

To what extent do differences in biologicalsexand psychological gender identity influence affectivereactions to different genres of film? In order toaddress this question, this investigation examined the impact of sex and gender roleself-perceptions on viewers' responses to neutral,melodramatic, and violent film segments. Working with apredominantly Caucasian population (93% Caucasian) at asoutheastern university, the results emphasize theimportance of sex and gender role self-perceptions onviewers' affective responses to media entertainment. Theimplications of these findings are discussed.

     

Placing the Blame for crime in press reports

This study examined the attributions of responsibility contained in factual accounts of crime in a number of Canadian daily newspapers. The focus was upon the relative amount of coverage accorded crime suspects and victims, as well as upon the presence or absence of references to the victim's contribution to the offense. Also, examined were the effects of the type of crime involved and the gender of the parties to an offense upon offender/victim coverage and references to victim contribution.

As expected, offenders tended to receive greater coverage than victims. The coverage of the offender, relative to the victim, tended to be greatest when the offender was a male and a property, rather than violent crime was involved. The victim's gender did not exercise an effect on offender/victim coverage. In about one‐quarter of the articles, a mention was made of the victim's contribution to the offense. Such references to the victim's role were more likely to be found where the offender was a female, the victim a male and where the offense was violent in nature. These findings about the media portrayals of the respective roles in crime of offenders and victims, as well as the effects of the type of crime and gender on these roles, conformed, in large part, to what is known about the actual dynamics of criminal behavior.     

Rethinking ‘Don't Blame the Victim’

SUMMARY

The psychology of victims and the dynamics of victimhood have been largely ignored by scholars and clinicians. While in past years the tendency has been to blame victims, more recently the tide has turned. It is now politically incorrect to explore the role of victims in violent systems, as exploring the psychology of victims has become synonymous with blaming the victim. While shying away from blame, this article will explore the familial and cultural origins of victimhood, victims' characteristics, their relationships with the perpetrators, and it will offer a victim typology. As we move from btame to a more complex understanding of violent systems, the perpetuation of these systems in our culture, and the role victims play in these systems, we provide ourselves with better tools to predict and prevent further victimization.     

Adversary effects and the tactics of violent offenders

We examine the implication of adversary effects for target choice, lethal intent, and the use of weapons and allies in violent incidents. Adversary effects refer to the tendency of offenders to make tactical decisions based on the coercive power of victims and potential victims. Using the victim's gender as a proxy for coercive power, we analyzed violent incidents from the National Incident‐Based Reporting System (2005–2014). The sample included over six million assaults, robberies, and homicides. Consistent with adversary effects, offenders who attack males (vs. females) are more likely to (a) kill victims; (b) use guns, knives, blunt objects, poison, and automobiles; (c) use male (but not female) allies; and (d) use multiple allies. The evidence for target choice is mixed: unarmed female offenders, but not unarmed male offenders, are more likely to target females than males. The evidence shows how a simple theoretical principle can parsimoniously account for basic patterns of violence in society related to gender, weapons, and group violence.     

Beyond competence: The significance of performance for conceptual development

Conceptual constraints must change with age if they are to account for children's acquisition of kinds of knowledge that do not fall within the initial constraints. A bi-directional relation between competence and performance is therefore hypothesized, such that cognitive competences not only guide performance but also are shaped by it. This hypothesis offers a solution to the difficulties that current competence models have in accounting for developmental change. Goals are proposed as a potential source of changing constraints because they change with age, they shape what children do, and they also influence what children learn from what they do. These ideas are illustrated with examples drawn primarily from research on children's quantitative concepts.     

The more you play,the more aggressive you become: A long-term experimental study of cumulative violent video game effects on hostile expectations and aggressive behavior

It is well established that violent video games increase aggression. There is a stronger evidence of short-term violent video game effects than of long-term effects. The present experiment tests the cumulative long-term effects of violent video games on hostile expectations and aggressive behavior over three consecutive days. Participants (N = 70) played violent or nonviolent video games 20 min a day for three consecutive days. After gameplay, participants could blast a confederate with loud unpleasant noise through headphones (the aggression measure). As a potential causal mechanism, we measured hostile expectations. Participants read ambiguous story stems about potential interpersonal conflicts, and listed what they thought the main characters would do or say, think, and feel as the story continued. As expected, aggressive behavior and hostile expectations increased over days for violent game players, but not for nonviolent video game players, and the increase in aggressive behavior was partially due to hostile expectations.     

The Imprudence of the Vulnerable

Significant numbers of people believe that victims of violent crime are blameworthy in so far as they imprudently place themselves in dangerous situations. This belief is maintained and fuelled by ongoing social commentary. In this paper I describe a recent violent criminal case, as a foil against which I attempt to extract and refine the argument based on prudence that seems to support this belief. I then offer a moral critique of what goes wrong when this argument, continually repeated as social commentary, is left unchallenged. The effect of failing to challenge this repeated argument is the view, held by many, that the vulnerable are imprudent; indeed, they are believed negatively responsible (partly or wholly) for the violence wrought upon their person. My central claim is that public declarations of blame are morally problematic partly because they focus responsibility away from perpetrators, and partly because they harm vulnerable citizens who, as a result of internalising such public blame, suffer unnecessary constraints on their liberty.     

Exposure to Violence and Attitudes Towards Transitional Justice

Transitional justice has emerged to address victims' needs as a means of restoring relations broken by violence. Yet we know little about victims' attitudes towards different transitional justice mechanisms. Why do some victims prioritize retributive justice while others favor other forms of dealing with the violent past? What determines victims' attitudes towards transitional justice policies? To address these questions, we offer a new theoretical framework that draws upon recent insights from the field of evolutionary psychology and links both war exposure and postwar environments to transitional justice preferences. We argue that both past experiences of wartime violence and present‐day social interdependence with perpetrators impact transitional justice preferences, but in divergent ways (resulting in greater support for retributive vs. restorative justice measures, respectively). To test our framework, we rely upon a 2013 representative survey of 1,007 respondents focusing on general population attitudes towards transitional justice in Bosnia two decades after the implementation of the Dayton Accords. Specifically, we examine the impact of displacement, return to prewar homes, loss of property, loss of a loved one, physical injury, imprisonment, and torture on attitudes towards transitional justice. On the whole, our findings confirm our two main hypotheses: Exposure to direct violence and losses is associated with more support for retributive justice measures, while greater present‐day interdependence with perpetrators is associated with more support for restorative justice measures. While acknowledging the legacy of wartime violence, we highlight the importance of the postwar context and institutional mechanisms that support victims in reconstructing their lives.     

“Homeless Killer”: An Analysis of the Media’s Portrayal of the Victims of a Serial Killer

Previous research has examined the newsworthiness of homicide victims and explored many characteristics of victims. To date, there is no research examining homeless homicide victims even though homeless individuals are more susceptible to being victims of violent crimes. This study examines the online media coverage of four homeless homicide victims murdered by a serial killer in 2012 to ascertain how housing status impacts media coverage. Specifically, this study explores through content analysis what kind of coverage homeless individuals receive and how they are portrayed. Findings suggest that housing status is a salient characteristic in the newsworthiness of victims.     

Video playback,affective witnessing,and the mobility of trauma: Video evidence of violent crime in the criminal justice system

In today's technologically mediated society, video is increasingly relied upon as an objective and reliable source of evidence in the investigation and prosecution of violent crimes. The now pervasive presence of violent video in the criminal justice system, however, presents new challenges for understanding repeated work-related exposure to and witnessing of potentially traumatic material and its impacts. Thus, this project seeks to qualitatively examine the relational affective processes that occur among criminal justice professionals when violent crimes are captured on video. We present four key categories organized around the circumstances of exposure and its impacts: 1) playback in the investigative and pre-trial process; 2) sharing videos among colleagues; 3) playing videos for victims, witnesses, and families and; 4) transmission in the broader public. Findings suggest this work involves deeply embodied processes where video evidence of violent crime enables a virtual presence at scenes and an emotional proximity to events through new forms of witnessing. These affective experiences are one relational dynamic that keeps witnessing active, thus expanding the mobility of trauma, its reach and potential impacts.