A matter of life or death: special considerations and heightened practice standards in capital sentencing evaluations

Mental health evaluations at capital sentencing represent a complex and specialized arena of practice. The moral culpability focus of capital sentencing is distinct from guilt-phase considerations of criminal responsibility, and has a specialized literature. Capital violence risk assessment is uniquely oriented to a prison context, relying on past adjustment to incarceration, as well as group statistical data specific to capital offenders and other inmate groups. Personality testing is a more complex consideration in capital sentencing evaluations. The implications of interviewing the defendant, as well as the parameters and documentation of an interview, make full disclosure and informed consent of particular importance. Defense- and prosecution-retained experts are subject to specific ethical vulnerabilities. These are examined in this paper through the lens of current professional standards.     

人工智能辅助下的心理健康新型测评

近年来,人工智能技术的飞速发展及应用催生了"智能化心理健康测评"这一领域。智能化心理健康测评能够弥补传统方法的不足,降低漏诊率并提高诊断效率,这对于心理健康问题的普查及预警具有重大意义。目前,智能化心理健康测评处于初步发展阶段,研究者基于在线行为数据、便携式设备数据等开展主要以数据驱动为导向的探索研究,旨在实现更高的预测准确率,但是测评结果的可解释性等指标尚不够理想。未来的智能化心理健康测评需要强调心理学领域知识和经验的深度介入,提高测评的针对性和精细化程度,加强信效度检验,这对于智能化心理健康测评工具的进一步发展和应用至关重要。     

Dangerousness and death: a nexus in search of science and reason

An assertion that a capital offender will engage in future acts of criminal violence is a factor in determining "death worthiness" in many jurisdictions of the United States. The legislative conception and court affirmation of this issue as a capital consideration were products of the parole policy and prison capability of an earlier era as well as of the limitations of risk assessment methodology and findings at that time. The intuitive assumptions that support assertions of future dangerousness as a death penalty issue have been rendered irrelevant by changing prison conditions and parole policies or have been refuted by current findings. This raises important questions for a reasoned public policy in capital sentencing. ((c) 2006 APA, all rights reserved).     

An examination of the effects of mental disorders as mitigating factors on capital sentencing outcomes

Mentally ill and emotionally disturbed offenders comprise a significant component of those whose criminal conduct has swept them into the criminal justice system, including a subset who are tried and convicted of capital murder. The present study employs the population of capital cases advanced to penalty phase in the state of North Carolina (1990–2009) to examine whether presentation to the jury of the statutory mitigators of extreme mental and emotional disturbance and capacity impaired, and specific mental illness diagnoses, often referred to as mental disorders, at the sentencing phase mitigate against a sentence of death. Mental disorders included mood disorders, psychotic disorders, anxiety disorders, brain disorders, multiple mental illness diagnoses, learning disabilities, and personality disorders. Results from these 835 cases indicate that with the exception of one, the diagnosis of a learning disability, the capital jury's acceptance of various mental health conditions does not effectively mitigate against a capital sentence. In addition, jury rejection of a diagnosis of mental illness or the two mental health statutory mitigators, capacity impaired and extreme emotional disturbance, as a mitigating factor has a counter-mitigating effect in that it significantly increases the odds of a death penalty recommendation by about 85–200%.     

Examining the prevalence, role and impact of evidence regarding Antisocial Personality, sociopathy and psychopathy in capital cases: a survey of defense team members

Although anecdotal case accounts suggest that evidence concerning Antisocial Personality Disorder (APD), sociopathy and psychopathy is frequently introduced by the prosecution in capital murder trials, to date there has been no systematic research to determine the actual prevalence, role, or perceived impact of such evidence in these cases. Survey data collected from attendees at a national capital mitigation conference (n=41) indicated that prosecution evidence concerning APD was quite prevalent, with "sociopath" and "psychopath" labels being introduced less frequently. Evidence concerning these disorders, which were assessed primarily via DSM criteria and self-report personality inventories, was most often introduced by the prosecution in the sentencing phase to address a defendant's ostensible risk of future dangerousness and/or to rebut mitigating evidence-although it was also introduced frequently in the guilt/innocence phase of these trials to rebut mental health evidence offered by the defense. Survey respondents believed that evidence concerning APD, sociopathy, and psychopathy had a considerable impact on trial outcomes. Also, although defense objections were common, such evidence was rarely ruled to be inadmissible in these cases.     

Probability of Criminal Acts of Violence: A Test of Jury Predictive Accuracy

The ability of capital juries to accurately predict future prison violence at the sentencing phase of aggravated murder trials was examined through retrospective review of the disciplinary records of 115 male inmates sentenced to either life (n = 65) or death (n = 50) in Oregon from 1985 through 2008, with a mean post‐conviction time at risk of 15.3 years. Violent prison behavior was completely unrelated to predictions made by capital jurors, with bidirectional accuracy simply reflecting the base rate of assaultive misconduct in the group. Rejection of the special issue predicting future violence enjoyed 90% accuracy. Conversely, predictions that future violence was probable had 90% error rates. More than 90% of the assaultive rule violations committed by these offenders resulted in no harm or only minor injuries. Copyright © 2013 John Wiley & Sons, Ltd.     

Postdisaster psychological intervention since 9/11

A wealth of research and experience after 9/11 has led to the development of evidence-based and evidence-informed guidelines and strategies to support the design and implementation of public mental health programs after terrorism and disaster. This article reviews advances that have been made in a variety of areas, including development of improved metrics and methodologies for conducting needs assessment, screening, surveillance, and program evaluation; clarification of risk and resilience factors as these relate to varying outcome trajectories for survivors and inform interventions; development and implementation of evidence-based and evidence-informed early, midterm, and late interventions for children, adults, and families; adaptation of interventions for cultural, ethnic, and minority groups; improvement in strategies to expand access to postdisaster mental health services; and enhancement of training methods and platforms for workforce development among psychologists, paraprofessionals, and other disaster responders. Continuing improvement of psychologists' national capacity to respond to catastrophic events will require more systematic research to strengthen the evidence base for postdisaster screening and interventions and effective methods and platforms for training. Policy decisions are clearly needed that enhance federal funding to increase availability and access to services, especially for longer term care. Traumatic bereavement represents a critical area for future research, as much needs to be done to clarify issues related to reactions and adaptation to a traumatic death.     

Examining mental health symptoms in male and female incarcerated juveniles

Varying risk factors for both incarceration and mental health diagnoses have been identified for female juveniles, highlighting the need for gender-specific assessments and treatment protocols. The purpose of this study is to determine how the prevalence rates of mental health symptoms differ in male and female juvenile offenders. It was hypothesized that the prevalence rates would be greater for females than males. This study found significant differences between males and females on several clinical scales. These findings are consistent with past studies that have identified differences in mental health symptoms between genders.     

Effects of Mental Health and Neuroscience Evidence on Juror Perceptions of a Criminal Defendant: the Moderating Role of Political Orientation

Several recent studies have examined the effects of mental health and neuroscientific evidence on attitudes toward criminal defendants, suggesting that these factors may influence juror decision‐making in meaningful ways. Few studies to date have manipulated both of these variables while also considering theoretically important individual difference variables (e.g., political orientation). Using a criminal case simulation, this study manipulated the presence of evidence concerning mental disorders (psychopathy and schizophrenia) and increasing levels of neuroscientific detail regarding a defendant's brain injury, and examined verdicts and sentencing recommendations in over 400 persons attending jury duty. Main effects were detected for mental health testimony and political orientation, although interactions were noted as well. More negative reactions to defendants labeled as psychopaths were relatively consistent, whereas participants who identified as liberal generally were less punitive towards a defendant identified as schizophrenic than were more conservative jurors. Consistent with other recent research, juror perceptions of the defendant's level of psychopathic traits (independent of the effects of the experimental manipulations) predicted guilty verdicts and longer sentencing recommendations. Copyright © 2016 John Wiley & Sons, Ltd.     

Psychological testing for Hispanic Americans

The need for culturally responsive mental health services for Hispanic Americans has never been greater. This population will soon become the largest of all U.S. ethnic minority groups, and recent epidemiologic studies suggest that Hispanics have rates of mental health need that are similar to those found in the general population. Developing culturally relevant mental health services, including diagnostic and assessment procedures, for this population is essential. A synthesis of extant literature pertaining to psychological testing for Hispanics is presented. It is limited to the adult literature and discusses issues related to personality, neuropsychological, and intellectual assessment. The importance of language as it influences the assessment process has also been discussed. Based on clinical and research experiences and the results of the literature review, a set of general guidelines is proposed for those working with this population.     

Efficacy of dialectical behaviour therapy for adolescents

The current review provides a qualitative assessment of the efficacy of dialectical behaviour therapy (DBT) as adapted for adolescents. The aim was to assess the efficacy of DBT compared to usual methods in the treatment of adolescent mental health symptoms, inclusive of suicidal ideation and self‐harm. Computerised databases including Medline and PsycINFO were accessed and knowledgeable informants in the area of DBT were contacted. Inclusion criteria required the studies to be clinical trials on DBT provided to adolescents. Due to the requirements on research design only three studies were appropriate for review. The review focused on quality assessment of the current data, including investigation into the effects of selection bias, confounding variables, outcome measures and measurement errors. The data suggest that there is some evidence for DBT being effective in reducing symptoms of mental health, especially those consistent with borderline personality disorder. The resultant data, however, are of very poor quality, and as such the review addresses ways to improve the quality of research and offers suggestions for future research.     

Nature,nurture, and capital punishment: How evidence of a genetic–environment interaction,future dangerousness,and deliberation affect sentencing decisions

Research has shown that the low‐activity MAOA genotype in conjunction with a history of childhood maltreatment increases the likelihood of violent behaviors. This genetic–environment (G × E) interaction has been introduced as mitigation during the sentencing phase of capital trials, yet there is scant data on its effectiveness. This study addressed that issue. In a factorial design that varied mitigating evidence offered by the defense [environmental (i.e., childhood maltreatment), genetic, G × E, or none] and the likelihood of the defendant's future dangerousness (low or high), 600 mock jurors read sentencing phase evidence in a capital murder trial, rendered individual verdicts, and half deliberated as members of a jury to decide a sentence of death or life imprisonment. The G × E evidence had little mitigating effect on sentencing preferences: participants who received the G × E evidence were no less likely to sentence the defendant to death than those who received evidence of childhood maltreatment or a control group that received neither genetic nor maltreatment evidence. Participants with evidence of a G × E interaction were more likely to sentence the defendant to death when there was a high risk of future dangerousness than when there was a low risk. Sentencing preferences were more lenient after deliberation than before. We discuss limitations and future directions.     

Capital punishment in Missouri: Examining the issue of racial disparity

Guided discretion statutes were designed to control arbitrariness and discrimination in capital sentencing. Using data from Supplemental Homicide Reports and Trial Judge Reports, this article examines the issue of racial disparity in Missouri's capital punishment process from 1977 through 1991. Findings from the three decision points examined suggest racial bias against the killers of whites, particularly if the offender is black, and a concomitant devaluation of black victims. The strongest effects noted are in the prosecutor's decision to charge homicide offenders with capital murder and to proceed to penalty trial in convicted capital murder cases. While the effects are not necessarily limited to the least aggravated categories, the effects of race are strongest when prosecutors and jurors are freed from the seriousness of the cases to consider other factors. The racial disparities are also apparent in mid-range cases up until the sentencing stage. However, disparities occurring earlier in the process are not rectified during sentencing. In fact, in the least aggravated cases, racial disparities are magnified at the sentencing stage.     

Evaluating the validity of anger regulation problems, interpersonal style, and disturbed mental state for predicting inpatient violence

Research has been conducted to try to identify risk factors to help predict which patients will be violent during psychiatric hospitalization. Despite the relatively large amount of research conducted, it is difficult to draw any firm conclusions, as the studies vary considerably in study design, methods used, and choice of outcome measures. Studies also tend to focus on risk prediction, even though risk management is the primary aim of clinical practice in mental health services and few studies have focused on a theoretical basis for understanding violence. This study assessed the predictive validity of brief assessment scales in a sample of 94 forensic inpatients who had been inpatient for a median of 521 days, to test the hypotheses that anger regulation problems, interpersonal style, and disturbed mental state would be linked to increased violence risk in a forensic hospital during a hospital stay. The outcome variables for this study were physical violence against another and/or clear threats of physical violence. The results of this study provide support for the hypotheses, and this remained the case after controlling for age, gender, length of stay, and presence of major mental disorder. The findings should not only assist clinicians with assessment and management of risk but also support the reconceptualizing of risk prediction research to reflect the task of clinical risk management.     

Mental Health Screening of Female Juvenile Offenders: Replication of a Subtyping Strategy

Recent research indicates that adjudicated female youth have higher rates of mental health problems and histories of trauma exposure and abuse relative to adjudicated male youth. These differences are important for gender-specific assessment, intervention, and management strategies. We replicated a subtyping strategy for adjudicated female youth based on mental health screening data from the Massachusetts Youth Screening Instrument-2 (MAYSI-2) by investigating subtype differences on trauma symptoms, abuse history, and other background variables. Cluster analysis of the standard MAYSI-2 scales revealed a three cluster solution replicating results from a prior study. Additionally, results indicated expected differences between female youth with mental health problems compared to those without mental health problems with co-occurring female youth (i.e., self-reported mental health and substance abuse problems) having have greater mental health problems and more extensive abuse histories compared to other subtypes.     

Relationships,Environment, and the Brain: How Emerging Research is Changing What We Know about the Impact of Families on Human Development

Recent research is providing family therapists with new information about the complex interaction between an individual's biological makeup and his/her social and physical environment. Family and social relationships, particularly during sensitive periods early in life, can affect a child's biological foundation. Additionally, stress during the early years can have a lasting effect on an individual's physical and mental health and contribute to the onset of severe mental illness. Community programs have been developed to intervene early with families who have an at‐risk child to prevent or minimize the onset of mental illness including providing partnerships with at‐risk mothers of infants to shape attachment relationships. Programs are also developing individual and family interventions to prevent the onset of psychosis. Practicing family therapists can incorporate emerging neuroscience and early intervention research and leverage the growing base of community programs to enhance the effectiveness and sustainability of mental health outcomes for clients. Additionally, family therapy education programs should broaden student training to incorporate the growing body of information about how family relationships affect individual mental health development.     

Neonaticide: an appropriate application for therapeutic jurisprudence?

Might therapeutic jurisprudence, a perspective that attempts to study interaction between the legal and mental health disciplines, be brought to bear effectively with respect to neonaticide, the murder of a newborn infant in the first 24 hours of its life? This is a crime that leads to sentencing that is now rarely therapeutic, rehabilitative, or corrective. An examination of the crime, its motives, and its perpetrators precedes a discussion of ways in which the mental health viewpoint in this matter might be brought to the active attention of the courts in order to promote sentencing that is appropriate to both the crime and the transgressor. Copyright © 2001 John Wiley & Sons, Ltd.     

Assessing Violence Risk: A Review and Clinical Recommendations

Guidance to identify and manage clients with a perceived high risk for future violence is of great importance for mental health professionals. In the past decade, several structured instruments have been developed to assess risk of future violence. Awareness of the limits and abilities of such instruments is required. This article reviews the most well‐known risk assessment tools and provides recommendations for how to approach the area of violence risk assessment.     

Psychology and violence against women

The discipline of psychology has made many contributions to the understanding of the social problem of men's violence against women during the past 15 years by reframing the problem as one of misuse of power by men who have been socialized into believing they are entitled to control the women in their lives, even by violent means. The new scientific psychology data base formed by integrating feminist gender analysis methods into more traditional psychological methodology is discussed, as are the implications of the resulting empirical data on which are based newer assessment, treatment, and forensic applications. A review of the major psychological advances in psychotherapy with women who have been sexual assaulted, exploited, and battered is presented, as well as implications for national policy. The feminist model presented is one in which science and practice concerns are carefully considered at all steps of the process. The article concludes with a discussion of the challenges involved in making the future training of psychologists more relevant to women's mental health concerns.