Psychological autopsies: methods and ethics

Essential knowledge on suicide is derived from studies that include interviews with survivors. In this paper, we discuss methodological and ethical issues pertaining to the interview method known as "psychological autopsy"; the discussion is based on our application of the method to three studies of suicides in Sweden and on a review of other investigations. Interviewing a survivor is a delicate matter, and the integrity of the deceased, the integrity and health of the informant, and the psychological strain on the interviewer must all be taken into consideration. The interviewer should have clinical experience in order to be prepared to deal with interviewees in grief. Contact by telephone, followed by an introductory letter, provides an opportunity to meet survivors in an empathic manner and has a low rejection rate. A 2- to 6-month interval between suicide and interview is recommended. The survivor's reactions to the interview should be evaluated in order to expand the empirical base for ethical considerations. Studies on the validity and reliability of the method are necessary.     

Credible testimony in and out of court

Assessing informants’ credibility is critical to several aspects of the legal process (e.g., when police interrogate suspects or jurors evaluate witnesses). There is a large body of research—from various areas of psychology and allied fields—about how people evaluate each others’ credibility. We review the literature on lie detection and interpersonal perception to demonstrate that inferences regarding credibility may be multiply determined. Specifically, characteristics of the informant, of the listener, and of the situation affect people’s perceptions of informants’ credibility. We conclude with a discussion of research on calibration (i.e., an informant’s confidence-accuracy relation) because it offers fruitful avenues for future credibility research in the legal domain.     

Social science in school finance court cases

Most states in the U.S. have experienced litigation concerning the constitutionality of their school finance systems. I examine the potential role of social science in affecting the outcomes of these cases. The text of the decisions of recent cases is examined to see to what extent social science appears to influence the courts. While the potential use of social science is large, its actual use is idiosyncratic. Where its use is apparent, however, it is difficult to confidently conclude that it affected the court’s decision. Other factors could have been determinative and social science might have been used only to buttress the court’s decision.     

Perceived deterrence and outcomes in drug court

According to perceived-deterrence theory, the likelihood that an offender will engage in drug use or illegal activity is influenced by the perceived certainty of being detected for infractions or recognized for accomplishments, the perceived certainty of receiving sanctions for infractions or rewards for accomplishments, and the anticipated magnitude of the sanctions and rewards. This study evaluated drug court participants' perceived deterrence at monthly intervals during their enrollment in drug court. Exploratory cluster analysis (N=255) on the longitudinal scores yielded five subtypes of drug offenders characterized either by consistently elevated perceived-deterrence scores, consistently moderate scores, consistently low scores, increasing scores, or decreasing scores. The best outcomes were associated with consistently elevated scores, whereas the worst outcomes were associated with scores that declined over time as the participants became accustomed to the program. The clusters also differed in predicted directions on demographic variables. The correlational design does not permit inferences of causality; however, the results lend credence to perceived deterrence as a potential explanatory mechanism for the effects of drug courts.     

Psychiatric referrals by a Juvenile court

A psychiatric service for children has attempted to make effective use of its limited resources by specialising in conjoint family therapy and in the establishment of consistent links with the network of other agencies and services working with parents and children. Since involvement with the law is seen as a point of crisis by a family and by the professionals already involved with it, the Juvenile Court is an important focal point in the network. The referral of a particular adolescent 'patient' to a child psychiatrist is described in detail, and the wider implications are discussed.     

The court house chaplaincy—a project in collaboration

Summary This paper describes a Court House Chaplaincy Program in which Clinical Pastoral Education trainees and local clergymen were assigned to regular voluntary assignment as chaplains of the Harvey County Court House. Worked out in coordination with the Newton Ministerial Alliance and the commissioners of Harvey County, the project served court house clients, staff, and pastors as well. The paper describes a model for community collaboration that could be operated in many settings. In this plan, the mental health center clergyman joins with other clergymen in the community in a task that is directed toward the community's whole good and not specifically a project operated by the mental health center. The importance of careful preparation, of political negotiations, of responsible supervision, and clarity regarding the issues of funding are also illustrated.     

Consultation to the court in infant/toddler custody cases

This paper describes a special component of an infant mental health program wherein infants are referred by the Department of Social Services for assessment and treatment. The infants in these cases are frequently in foster care and under court supervision for abuse and neglect. This paper describes the special role of the infant mental health specialist in establishing a working alliance with the family and in providing consultation to the Department of Social Services and the court. Note is made of the role of the infant mental health specialist within the legal system.     

The Egocentricity Index and Self-Esteem in court ordered psychiatric evaluations

An attempt was made to test the hypothesis that the Egocentricity Index (Exner, 1974), a ratio which incorporates pair and reflection responses, is related to self-esteem. Sixty criminal defendants referred for psychiatric evaluation were routinely administered the Rorschach. After all other testing was completed the subjects were asked to complete the Coopersmith Self-esteem Inventory. Results found no significant relationships between the Egocentricity Index and self-esteem as measured by the Coopersmith. It was recommended that the Egocentricity Index not be used as a measure of self-esteem until research evidence to support its use in this manner is provided.     

MMPI-A forensic case studies: uses in documented court decisions

In this article, we describe 8 legal cases reporting the use of the MMPI-A (Butcher et al., 1992) that were identified by an exhaustive search of the Westlaw database. These case studies provide a unique perspective on the uses of the MMPI-A as reflected in documented court decisions. For each case, we first provide a brief discussion of the legal issue or standard of law addressed by the MMPI-A findings. We then provide an abstract of the facts of the case and the nature of the involvement of the MMPI-A. We conclude each case with a more general discussion of the psychological uses and limitations of the MMPI-A as applied to this specific legal issue or standard. Not only do these cases display a wide range of legal issues, but they also provide an excellent opportunity to discuss some important uses and limitations of MMPI-A assessment when used as a component in a forensic evaluation.     

In‐court versus out‐of‐court testimonies: Children's experiences and adults' assessments

The study examined the effects of different presentation modes on child witnesses' experiences and adults' perception and assessments of the same witnesses. Child witnesses (N = 108) were interviewed about an event that they had either experienced or imagined. Adult mock jurors (N = 240) watched the children's testimonies live, via two‐way closed‐circuit television (CCTV), or via a pre‐recorded video. The results showed that the live observers perceived the children in more positive terms than did the two‐way CCTV observers, who in turn perceived the children in more positive terms than did the video observers. Briefly, it seems as the more proximal the presentation mode, the more positive the observers' perception. Somewhat in contrast to these results, a significantly smaller proportion of the children who testified on video stated that they were nervous, compared to the children who testified live or via two‐way CCTV. Copyright © 2009 John Wiley & Sons, Ltd.     

The new sexual assault law: The victim's experience in court

The questions asked of victims of sexual and physical assault by the prosecutor and defense were recorded and coded by courtroom observers. The defense in comparison to the prosecution treated both types of victims in a negative way. Sexual assault victims were subjected to more negative questions and required to give a more personal form of testimony than physical assault victims due to the strategies used by both the prosecution and the defense. Sexual assault cases were convicted less often than physical assault cases. It was concluded that the new law in Canada which replaced the offense of rape with one of "sexual assault" has not had its intended effect of reducing the burden on a victim when she testifies in court.     

Judgment research: Implications for clinical practice and testimony in court

When treating a client or testifying in court, clinicians should be aware of how they make judgments and when their judgments are likely to be correct and when they are likely to be wrong. Research on the validity of judgments is reviewed along with research on the cognitive processes of clinicians. Some of the results are surprising. For example, recent research indicates that clinicians might be able to make moderately valid long-term predictions of violence. Finally, recommendations are made for improving clinical judgment, and comments are made about the appropriate use of statistical prediction rules and automated assessment test reports.