Forensic Psychology E-Book
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- Herausgeber: John Wiley & Sons
- Kategorie: Geisteswissenschaft
- Serie: BPS Textbooks in Psychology
- Sprache: Englisch
FORENSIC PSYCHOLOGY
Explore the theory, research, and practice of forensic psychology with this collection of resources from recognized leaders in the field
The newly revised Third Edition of Forensic Psychology delivers insightful coverage of the theory and applications of forensic psychology. The book combines authoritative scholarship with an unprecedented breadth of international coverage and constitutes an essential resource for all aspects of contemporary forensic and criminal psychology.
The new edition addresses issues of equality, diversity, and inclusion in each section, as well as the uses and abuses of power in forensic contexts. The book takes a constructively critical approach to the dominant theories, policy, and practices of today, as opposed to being merely descriptive, and considers new and developing areas, like the prevention of sexual violence at universities.
Forensic Psychology comprehensively addresses the application of modern forensic techniques and practices to the civil and criminal justice systems in the United Kingdom. Each chapter concludes with some specific suggestions for further reading. Additionally, readers will enjoy the inclusion of a wide variety of topics, like:
- A thorough discussion of investigative and clinical practice, including the politics of forensic psychology, offender profiling, eyewitness testimony, and jury decision making
- An examination of clinical and risk assessments, including reviews of the key legal issues and principles involved in risk assessments, the role of structured instruments and protocols, and coverage of actuarial and structured clinical methods
- Discussions of working with criminalized populations in prisons and forensic mental health facilities
- A treatment of psychology in the courts with an emphasis on the courts of England and Wales
Perfect for graduate level students in forensic psychology courses, Forensic Psychology will also earn a place in the libraries of qualified forensic psychologist practitioners and postgraduate students seeking to improve their understanding of forensic psychology with a high-quality international textbook underpinned by considerations of human rights and ethical standards.
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Table of Contents
Cover
Series Page
Title Page
Copyright Page
List of Contributors
1 Introduction
JUSTICE
EXPERT CONTROVERSIES
HUMAN RIGHTS AND ETHICS
DEVELOPMENTAL PERSPECTIVES
INVESTIGATION AND PROSECUTION ISSUES
PSYCHOLOGICAL ASSESSMENT
CRITICAL PSYCHOLOGY
SUBSTANCE USE
EARLY INTERVENTION
JUSTICE RESTORED
FURTHER READING
REFERENCES
Part 1: Forensic Psychology: Legal
2 Offender Profiling
INTRODUCTION
HISTORICAL DEVELOPMENT
APPROACHES TO OFFENDER PROFILING
THE DEVELOPMENT OF OFFENDER PROFILING
CURRENT EVIDENCE ON ACCURACY
CONCLUSIONS
FURTHER READING
REFERENCES
3 Eyewitness Testimony
EYEWITNESS IDENTIFICATION PERFORMANCE
THE WITNESSED EVENT
BETWEEN THE WITNESSED EVENT AND IDENTIFICATION TASK
INTERMEDIATE RECOGNITION TASKS
PROCEDURAL GUIDELINES RELATING TO SUSPECT IDENTIFICATION IN THE UNITED KINGDOM
THE EYEWITNESS IN COURT
CONCLUSIONS
FURTHER READING
REFERENCES
4 Jury Decision‐making
INTRODUCTION: THE JURY IDEA
THE NOTION OF AN IMPARTIAL AND FAIR JURY: A CRITICAL APPRAISAL
ARGUMENTS AGAINST JURY TRIALS
ARGUMENTS IN FAVOUR OF JURY TRIALS
METHODS FOR STUDYING JURIES/JURORS
SELECTING JURORS
PRE‐TRIAL PUBLICITY
THE REPORTED IMPORTANCE OF JUROR CHARACTERISTICS
JUROR COMPETENCE
THE JURY FOREPERSON
JURY DELIBERATION
SMALL JURIES
DEFENDANT CHARACTERISTICS
VICTIM/PLAINTIFF CHARACTERISTICS
LAWYER AND JUDGE CHARACTERISTICS
COURTROOM DESIGN
HUNG JURIES
MODELS OF JURY DECISION‐MAKING
34
REFORMING THE JURY TO REMEDY SOME OF ITS PROBLEMS
ALTERNATIVES TO TRIAL BY JURY
CONCLUSIONS
FURTHER READING
REFERENCES
5 Jury Decision‐making in Rape Trials: An Attitude Problem?
INTRODUCTION
RAPE AND SEXUAL OFFENCES IN THE CRIMINAL JUSTICE SYSTEM
JURY DECISION‐MAKING WITHIN RAPE TRIALS
JUROR BIAS AND PRE‐TRIAL ATTITUDES
CONCLUSIONS
FURTHER READING
REFERENCES
6 Psychology in the Courts
INTRODUCTION
SYSTEMS OF JUSTICE
THE SYSTEM OF COURTS
THE COURTS IN SCOTLAND
THE COURTS IN NORTHERN IRELAND
THE UK SUPREME COURT
SOME OTHER UK COURTS AND TRIBUNALS
CONTRIBUTIONS OF PSYCHOLOGY
LEGAL PROCESS
PSYCHOLOGISTS’ EVIDENCE IN COURT
GIVING EVIDENCE
CONCLUSIONS
FURTHER READING
REFERENCES
Part 2: Forensic Psychology: Clinical
7 Clinical Assessment
CONCEPTUAL ISSUES IN ASSESSMENT
ASSESSMENT
DATA GATHERING
DATA ANALYSIS
CLINICAL JUDGEMENTS AND BIASES
CONCLUSIONS
FURTHER READING
REFERENCES
8 Risk Assessment
KEY LEGAL ISSUES
KEY PRINCIPLES IN RISK ASSESSMENT
RISK ASSESSMENT INSTRUMENTS
CRITICAL ISSUES IN RISK ASSESSMENT
CONCLUSIONS
FURTHER READING
REFERENCES
9 Psychology in Prisons
THE DEVELOPMENT OF PSYCHOLOGY IN PRISONS
WHAT PSYCHOLOGISTS DO IN CORRECTIONS
CONCLUSIONS
FURTHER READING
REFERENCES
10 Forensic Psychology in Mental Health and Social Care
INTRODUCTION
FORENSIC PSYCHOLOGY IN MENTAL HEALTH
EVIDENCE BASE
FORENSIC PSYCHOLOGY IN SOCIAL CARE
DISCUSSION
FURTHER READING
REFERENCES
11 The Developmental Evidence Base: Neurobiological Research and Forensic Applications
THE DEVELOPMENTAL EVIDENCE BASE: NEUROBIOLOGICAL RESEARCH
GENETICS
NEUROIMAGING
NEUROLOGY
NEUROPSYCHOLOGY
PSYCHOPHYSIOLOGY
ENDOCRINOLOGY
MORAL DEVELOPMENT
NUTRITION
FORENSIC APPLICATIONS OF DEVELOPMENTAL NEUROBIOLOGICAL RESEARCH
CONCLUSIONS
FURTHER READING
REFERENCES
12 The Developmental Evidence Base: Prevention
INTRODUCTION
FAMILY‐BASED PREVENTION
SCHOOL‐BASED PREVENTION
PEER PROGRAMMES
SKILLS TRAINING
COMMUNITIES THAT CARE
RECENT UK DEVELOPMENTS
CONCLUSIONS
FURTHER READING
REFERENCES
13 The Developmental Evidence Base: Psychosocial Research
INTRODUCTION
INDIVIDUAL FACTORS
FAMILY FACTORS
SOCIAL FACTORS
CONCLUSIONS
FURTHER READING
REFERENCES
14 Desistance from Crime
CURRENT STATE OF KNOWLEDGE ON DESISTANCE
RELIGION AND SPIRITUALITY
SUBSTANCE USE
GENETIC FACTORS AND DESISTANCE
CONCLUSIONS
FURTHER READING
REFERENCES
15 Crisis Negotiation
DEVELOPMENT OF CRISIS NEGOTIATION
CONCEPTUAL ISSUES IN CRISIS NEGOTIATION
TO NEGOTIATE OR NOT TO NEGOTIATE
GOALS OF CRISIS NEGOTIATION
CRISIS NEGOTIATION AND TERRORISM
CRISIS NEGOTIATION DURING TERRORIST INCIDENTS
THE PROCESS OF NEGOTIATION WITH TERRORISTS
THE EXPERIENCE OF HOSTAGES
CRISIS NEGOTIATION—THE EVIDENCE
CONCLUSIONS
FURTHER READING
REFERENCES
16 Terrorism
INTRODUCTION
KEY ISSUES—DEFINING TERRORISM
IS TERRORISM A PSYCHOLOGICAL ISSUE?
THE PSYCHOLOGY OF TERRORISM: THE STATE OF THE ART
APPLYING PSYCHOLOGY: THE CASE OF EXTREMISM
RISK ASSESSMENT
INTERVENTION
PROACTIVE INTEGRATED SUPPORT MODEL (PRISM)
WHAT DOES CVE SUCCESS LOOK LIKE?
CONCLUSION
FURTHER READING
REFERENCES
17 Intellectual Disability: Assessment
THE CONTEXT OF FORENSIC PRACTICE
MENTAL HEALTH LEGISLATION
LEARNING DISABILITY AND CRIME
APPLICATIONS OF PSYCHOLOGY TO PROCESSES WITHIN THE JUSTICE SYSTEM
WORKING WITH OFFENDERS WITH ID
CONCLUSIONS ON ASSESSMENT
FURTHER READING
REFERENCES
18 Intellectual Disability: Treatment and Management
TREATMENT FOR SPECIFIC NEEDS
CONCLUSIONS
FURTHER READING
REFERENCES
19
INTRODUCTION
DSM‐5 ALTERNATIVE MODEL
ICD‐11
PROTOTYPE MATCHING/SWAP‐200
PD ASSESSMENT IN FORENSIC AND CORRECTIONAL CONTEXTS
CLINICAL IMPLICATIONS OF ICD‐11
TRANSLATING THEORY INTO PRACTICE IN THE TREATMENT OF PD
LIVESLEY’S INTEGRATED MODULAR TREATMENT
RUPTURES IN THE PATIENT–THERAPIST RELATIONSHIP
WILL CATEGORIES OF PD (AND BORDERLINE PD IN PARTICULAR) SURVIVE?
A HIERARCHICAL MODEL OF PERSONALITY DISORDER
CONCLUDING COMMENTS
FURTHER READING
REFERENCES
20 Personality Disorder and Offending
INTRODUCTION
CONCLUDING COMMENTS
FURTHER READING
REFERENCES
21 The Biopsychosocial Model of Psychopathy
CONSTRUCT OF PSYCHOPATHY
PSYCHOPATHY AND THE BIOPSYCHOSOCIAL MODEL
BIOLOGICAL CONTRIBUTORS TO PSYCHOPATHY
PSYCHOLOGICAL CONTRIBUTORS TO PSYCHOPATHY
SOCIAL CONTRIBUTORS TO PSYCHOPATHY
PSYCHOPATHY: THE BIOPSYCHOSOCIAL DISORDER
FURTHER READING
REFERENCES
22 Personality Disorder: Clinical and Policy Responses and the ‘OPD Pathway’
WHAT IS THE OPD PATHWAY AND WHAT MAKES IT UNIQUE?
AIMS, PRINCIPLES AND THE THEORETICAL MODEL OF THE OPD PATHWAY
CONCLUSION
FURTHER READING
REFERENCES
23 The Role of Arts in the Criminal Justice System
INTRODUCTION AND CONTEXT
THE ARTS IN CRIMINAL JUSTICE: WHAT EXISTS AND THEIR ROLE
THE ARTS IN CRIMINAL JUSTICE: THEIR IMPACT
SUMMARY
REFERENCES
24 Substance Use
DRUGS AND CRIME
ASSESSMENT OF SUBSTANCE USE DISORDERS
MANAGEMENT OF DETOXIFICATION
TREATMENT
EFFICACY OF TREATMENTS
ADDITIONAL CONSIDERATIONS
FURTHER READING
REFERENCES
25 Sports‐based Learning and the Role of Sport in Promoting Education in Prisons
EMERGING ISSUES AND ONGOING CHALLENGES
FURTHER READING
REFERENCES
26 Suicide and Self‐harm in Prisons: Age, Gender and Ethnicity
SELF‐HARM
SUICIDE PREVENTION
FURTHER READING
REFERENCES
27 Suicide, Self‐harm and Imprisoned Women
OVERVIEW
CONTEXT
BACKGROUND
WHAT IS PRISON SUICIDE?
RATES OF SUICIDE IN PRISONER POPULATIONS
SUICIDE AND IMPRISONED WOMEN
SELF‐HARM AND IMPRISONED WOMEN
RISK FACTORS FOR SUICIDE AND SELF‐HARM
PREVENTING SUICIDE AND SELF‐HARM BY IMPRISONED WOMEN
LIMITATIONS OF SUICIDE RESEARCH IN PRISON SETTINGS
CONCLUSION
FURTHER READING
REFERENCES
28 What Can University Communities Do to Reduce Sexual Violence?
INTRODUCTION
WHY UNIVERSITIES MUST ADDRESS SEXUAL VIOLENCE
RESEARCH‐INFORMED POLICY AND PRACTICE
PREVENTION
RESPONSE
CONCLUSION
FURTHER READING
REFERENCES
29 Adult Cyber Harassment and Image‐based Sexual Abuse
CONCEPTUAL CHALLENGES AND OUTLINE
ONLINE NON‐SEXUAL HARASSMENT
ONLINE SEXUAL HARASSMENT AND ABUSE
CRIMINALISATION/LEGISLATION OF ONLINE HARASSMENT BEHAVIOURS
LOOKING TO THE FUTURE: CONCEPTUAL HARMONISATION, PRACTICAL IMPLICATIONS AND FUTURE RESEARCH
REFERENCES
30 Intimate Partner Abuse
KEY ISSUES IN IPA
KEY PRINCIPLES IN IPA
KEY LEGAL ISSUES
THEORETICAL APPROACHES TO IPA
EMPIRICAL EVIDENCE
CRITICAL ISSUES IN INTIMATE PARTNER ABUSE
CONCLUSIONS
FURTHER READING
REFERENCES
31 Hate Crime and Hate Incidents at a UK University: Empirical Evidence Informing Policy and Research Practice
THE PREVALENCE OF HATE INCIDENTS
BARRIERS TO REPORTING TO THE AUTHORITIES
IS RACE OR RELIGION A FACTOR IN VICTIMISATION?
THEMATIC ANALYSIS
INCREASE VICTIM SUPPORT
CONCLUSIONS
FURTHER READING
REFERENCES
32 Bullying in Prisons: Introducing the Prison Bullying Ecosystem Framework as a Guide for Intervention
PRISON BULLYING: SUMMARISING SOME KEY FINDINGS
UNDERSTANDING PRISON BULLYING: INTRODUCING THEORETICAL PERSPECTIVES
TAKING THEORY AND PROPOSING A FRAMEWORK FOR INTERVENTION: PRISON BULLYING ECOSYSTEM FRAMEWORK
CONCLUDING COMMENTS
REFERENCES
33 Psychology of Gang Membership: Group Processes, Social Cognition and Mental Health
GANG MEMBERSHIP
GANG JOINING
GANG MEMBERS: DELINQUENCY LEVELS
GANG IDENTITY AND IDENTIFYING WITH THE GANG
CONFORMITY, PLURALISTIC IGNORANCE AND COHESION
INTERGROUP CONFLICT AND STATUS ENHANCEMENT
BEING A GANG MEMBER: SOCIAL COGNITIVE PROCESSES
MORAL DISENGAGEMENT
OFFENCE‐SUPPORTIVE COGNITIONS
RUMINATION, DISPLACED AGGRESSION AND ENTITATIVITY
CONCLUSIONS
FURTHER READING
REFERENCES
34 Arson and Fire Setting: A New Conceptualisation
INTRODUCTION
PART ONE
THE PSYCHOLOGY OF ARSON AND FIRE SETTING
THEORETICAL PERSPECTIVES
PART TWO
THE CONTINUUM OF FIRE USE (COFU)
IMPLICATIONS AND APPLICATIONS
CONCLUSIONS
FURTHER READING
REFERENCES
Note
35 Trauma‐informed Care in the Criminal Justice System
INTRODUCTION
WHAT IS TRAUMA?
TRAUMA AMONG MEN AND WOMEN IN PRISON
BECOMING TRAUMA INFORMED
PRISONS AS TRAUMA‐INFORMED ORGANISATIONS
EVALUATIONS OF PRISONS AS TRAUMA‐INFORMED ORGANISATIONS
BARRIERS TO TRAUMA‐INFORMED CARE IN PRISON
CONCLUSION
FURTHER READING
REFERENCES
Part 3: Forensic Psychology: Ethics and Politics
36 The Politics of Forensic Psychological Research, Policy and Practice
NEW PUBLIC MANAGEMENT
LANGUAGE USE AS FORENSIC PSYCHOLOGISTS
HOW DOES THE WAY IN WHICH PSYCHOLOGY IS TAUGHT IN THE UNITED KINGDOM INFLUENCE THE DEVELOPMENT OF FORENSIC PSYCHOLOGY?
A BRIEF HISTORY OF FORENSIC PSYCHOLOGICAL INTERNAL POLITICS IN THE UNITED KINGDOM
CONCLUSIONS
FURTHER READING
REFERENCES
37 Aspects of Diagnosed Mental Illness and Offending
SOCIAL CONTEXT OF RULE TRANSGRESSIONS: NORMAL AND ABNORMAL OFFENDERS
OVERLAPS AND TENSIONS BETWEEN PSYCHIATRIC AND PSYCHOLOGICAL KNOWLEDGE
PSYCHOLOGICAL AND PSYCHIATRIC APPROACHES TO MENTAL ILLNESS IN FORENSIC SETTINGS
PROBLEMATIC RELATIONSHIP BETWEEN DIAGNOSED MENTAL ILLNESS AND RISKS
CONCLUSIONS
FURTHER READING
REFERENCES
38 Role of Safeguarding in Overcoming Persistent Harmful Practice in Forensic Mental Health
MORAL BLINDNESS IN FORENSIC MENTAL HEALTH
MAJOR INQUIRIES: LESSONS NOT LEARNED
THE FAILURE OF SENIOR MANAGEMENT
CONCLUSION
FURTHER READING
REFERENCES
39 Beyond ‘Disorder’: A Manifesto for Psychological Health and Well‐being
LABELS ARE FOR PRODUCTS, NOT PEOPLE
A NEW APPROACH
MOVING BEYOND THE CONCEPT OF ‘ABNORMALITY’
FURTHER READING
REFERENCES
40 Ethical Issues in Forensic Psychology
PHILOSOPHICAL ROOTS
ETHICAL GUIDANCE FOR PROFESSIONALS
POWER RELATIONSHIPS
CONCLUSIONS
FURTHER READING
REFERENCES
Name Index
Subject Index
End User License Agreement
List of Tables
Chapter 13
TABLE 13.1 Twenty long‐lasting prospective longitudinal surveys of offending.
Chapter 16
TABLE 16.1 Definitions of terrorism.
Chapter 19
TABLE 19.1 Overview of the Criterion B in the Alternative Model for Personali...
TABLE 19.2 Motives for interpersonal engagement versus disengagement associat...
Chapter 23
TABLE 23.1 Some examples of arts organisations.
Chapter 30
TABLE 30.1 Types of partner violence.
TABLE 30.2 Key differences between gender‐neutral and male‐dominant approache...
TABLE 30.3 Examples of assessment tools used in the United Kingdom
*
.
Chapter 35
TABLE 35.1 Understanding trauma—The three ‘E’s’.
TABLE 35.2 Four ‘R’s’: Key assumptions in the trauma‐informed approach.
TABLE 35.3 Ten implementation domains for the trauma‐informed approach.
List of Illustrations
Chapter 7
FIGURE 7.1 A structured outline of assessment using a ‘scientist–practitione...
FIGURE 7.2 Example of an iterative assessment approach.
Chapter 8
FIGURE 8.1 Cambridge Model for Risk Assessment.
Chapter 19
FIGURE 19.1 An emotional cascade, triggered by a perceived threat to entitle...
FIGURE 19.2 Hierarchical model of personality disorder.
Chapter 20
FIGURE 20.1 An emotional cascade, triggered by rejection, leads to intense r...
Chapter 21
FIGURE 21.1 The biopsychosocial model of psychopathy.
Chapter 25
FIGURE 25.1 The alliance of sport Theory of Change.
Chapter 32
FIGURE 32.1 Multifactor Model of Bullying in Secure Settings (MMBSS)
FIGURE 32.2 Prison Bullying Ecosystem Framework. NB: Double‐headed arrows de...
Chapter 34
FIGURE 34.1 Stage model of fire use.
FIGURE 34.2 Continuum of Fire Use (CoFU).
Chapter 35
FIGURE 35.1 Implementation of trauma‐informed practice.
Chapter 39
FIGURE 39.1 A psychological model of mental health.
Guide
Cover Page
Series Page
Title Page
Copyright Page
List of Contributors
Table of Contents
Begin Reading
Name Index
Subject Index
Wiley End User License Agreement
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Forensic Psychology
THIRD EDITION
EDITED BY
DAVID A. CRIGHTONGRAHAM J. TOWL
This third edition first published 2021© 2021 John Wiley & Sons Ltd
Edition HistoryJohn Wiley & Sons Ltd (1e, 2010); John Wiley & Sons Ltd (2e, 2015)
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Names: Crighton, David A., 1964‐ editor. | Towl, Graham J., editor.Title: Forensic psychology / edited by David A. Crighton, Consultant Psychologist and Honorary Professor of Forensic Psychology, Durham University, Durham, UK, Graham J. Towl, Professor of Psychology, Durham University, Durham, UK.Description: Third edition. | Hoboken, New Jersey : Wiley, [2021] | Series: BPS textbooks in psychology | Includes bibliographical references and index.Identifiers: LCCN 2020032196 (print) | LCCN 2020032197 (ebook) | ISBN 9781119673545 (paperback) | ISBN 9781119673521 (adobe pdf) | ISBN 9781119673729 (epub)Subjects: LCSH: Forensic psychology–Great Britain.Classification: LCC RA1148 .F5566 2021 (print) | LCC RA1148 (ebook) | DDC 614/.15–dc23LC record available at https://lccn.loc.gov/2020032196LC ebook record available at https://lccn.loc.gov/2020032197
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List of Contributors
EDITORS
Prof David A. Crighton, Hon. Professor of Forensic Psychology, Durham University
Prof Graham J. Towl, Professor of Forensic Psychology, Durham University and visiting Clinical Professor, University of Newcastle upon Tyne
CONTRIBUTORS
Prof Daniel Boduszek, University of Huddersfield
Prof Laura Caulfield, Wolverhampton University
Dr Agata Debowska, The University of Sheffield
Raneesha De Silva, University of Central Lancashire
Prof Conor Duggan, University of Nottingham
Prof David P. Farrington, University of Cambridge
Dr Ryan J. Fitzgerald, Simon Fraser University
Dr Yu Gao, Brooklyn College
Prof Elizabeth A. Gilchrist, University of Edinburgh
Dr Andrea L. Glenn, University of Alabama
Prof Lorraine Hope, University of Portsmouth
Dr Faye Horsley, University of Newcastle upon Tyne
Dr Richard Howard, University of Nottingham
Yong Lin Huang, University of Southern California
Lara Hudspith, University of Huddersfield
Clarissa J. Humphreys, Durham University
Carol A. Ireland, University of Central Lancashire
Prof Jane L. Ireland, University of Central Lancashire
Prof Andreas Kapardis, University of Cyprus
Dr Lila Kazemian, John Jay College of Criminal Justice, City University of New York
Prof Peter Kinderman, University of Liverpool
Rebecca Lawday, Nottinghamshire Healthcare NHS Foundation Trust
Carine Lewis, UK Ministry of Justice
Michael Lewis, University of Central Lancashire
Dr Orla Lynch, University College Cork
Prof Rosie Meek, Royal Holloway University, London
Ushna Mian, University of Central Lancashire
Dr Melissa Peskin, University of Pennsylvania
Prof David Pilgrim, University of Southampton
Dr Afroditi Pina, University ofKent
Prof Adrian Raine, University of Pennsylvania
Dr Nadia Siddiqui, Durham University
Dr Robert A. Schug, University of Southern California
Sarah Skett, NHS England and NHS Improvement
Prof Brian A. Thomas‐Peter, Douglas College
Dr Nicholas D. Thomson, Virginia Commonwealth University
Elizabeth Utting, Nottinghamshire NHS Foundation Trust
Prof Tammi Walker, Durham University
Dr Dominic Willmott, Manchester Metropolitan University
Phil Willmot, Nottinghamshire NHS Foundation Trust
Prof Jane L. Wood, University of Kent
Dr Yaling Yang, University of California, Los Angeles
1Introduction
Graham J. Towl and David A. Crighton
CHAPTER OUTLINE
JUSTICE
EXPERT CONTROVERSIES
HUMAN RIGHTS AND ETHICS
DEVELOPMENTAL PERSPECTIVES
INVESTIGATION AND PROSECUTION ISSUES
PSYCHOLOGICAL ASSESSMENT
CRITICAL PSYCHOLOGY
SUBSTANCE USE
EARLY INTERVENTION
JUSTICE RESTORED
Forensic psychology is a broad and growing area which, at its best, draws on a wide range of psychological theories, concepts and research at the interface between law and psychology. This text sets out to reflect the increasing breadth and depth of this work and the challenges inherent in it. It is intended to be a high‐quality international textbook for advanced undergraduate students, postgraduates, practitioners and academics from a range of disciplines.
A number of key aims are central to this third edition of the text. The first aim is to strike a balance in covering theory, research and practice, making this useful to students, qualified psychologists and those in other professions who draw on forensic psychology in their practice. Each of the authors has sought to provide the highest‐quality reviews addressing current theory and practice. Secondly, there is stress throughout on new and emerging perspectives on forensic psychology and the role of research in driving these. In this spirit, current controversies have not been oversimplified or shied away from. Critiques from within and outside forensic psychology have been included, some of which suggest the need for fundamental changes. As with any other intellectual endeavour using scientific methods, it also requires the sometimes painful discipline of discarding theories, policies and practices that fail when tested (Kuhn, 2012). In the absence of this discipline, practice in forensic psychology ceases to be part of ‘science’. A third theme that runs through this book is the importance of ethical practice and respect for human rights, diversity and inclusion. Forensic psychology generally involves the application of psychology in the context of marked difference in power, where ethical and legal concerns may be acute. Scientific approaches alone are, therefore, not enough. Major areas of forensic psychology in correctional1 settings, secure hospitals and social care settings necessarily involve coercion: involving work with those imprisoned in a variety of settings or facing the risk of punishment within legal systems. Here, the power imbalances between different groups are starkly exposed, and a good understanding of these ethical issues is essential as a starting point in avoiding abuses of the past. The nature of ethical practice and the need to protect human rights are themes woven through this text and tackled directly by a number of the authors.
At this point, it is not possible to claim this to be a new discipline finding its way, or to be naive to potential abuses. Taking stock of the current situation is, therefore, crucial to future development. This requires acknowledgement of past successes and also recognition of failures. The use of scientific methods is stressed by contributors of this text, as is the use of the scientist–practitioner model of applied psychology. It is argued that forensic psychology requires a high level of scientific training and critical thinking. Accordingly, progress does not come as a result of deference to authority or tradition. It is achieved through openness, critical reflection and constructive challenge. In turn, this requires well‐trained, professional and reflective practitioners who are supported to critically engage with the assumptions and evidence that underpin current practice. This third edition reflects this expansion with contributions from a number of new researchers and practitioners, who have expanded and developed the field. New and emerging areas of research and practice have been introduced by talented contributors, and these are starting to influence and shape the future of forensic psychology.
Since the publication of the second edition of this book, the growth in the academic base of forensic psychology has continued to be seen in the availability and popularity of both undergraduate and postgraduate courses. The term ‘forensic’ continues to be juxtaposed with a range of areas of academic study, including anthropology, archaeology, computing, engineering, investigation, measurement, psychobiology, psychology and science (UCAS, 2020). This is also evident in much professional practice. In the field of health, this has been seen in the development of forensic psychiatric nursing, psychiatry, occupational therapy and social work.
There have been a number of significant changes and developments in forensic psychology in recent years. The growth in the number of posts in health and criminal justice has continued to slow internationally. The United Kingdom provides a good illustration of these developments, with reductions in the total number of psychological staff employed in prisons and probation and little growth in secure health and social care settings. This, in part, reflects changes in government policies across the United Kingdom, and in particular reduced funding of public services, but it also reflects some of the disappointing evaluation results. Interventions aimed at addressing the so‐called ‘Dangerous Severe Personality Disorder’ and later ‘Severe Personality Disorder’ have been disappointing, suggesting that such work was an expensive means to extend the detention of prisoners without positive effect. Large‐scale sex offender treatment interventions in prisons have yielded even more troubling results, with ‘treatment’ leading to increased rates of reoffending and increased risk to the public. As a discipline, we have by no means always followed the science.
There has been a growth of practice in other settings, with an increasing breadth of the areas where forensic psychology is applied. This has included development of work in the courts, in areas such as investigation and policing and in addressing new areas such as community‐based interventions. This has been matched by continued growth in the higher education sector to accommodate new courses and the growth of post‐qualification professional training. There has also been a concomitant expansion in the breadth and depth of academic work (Bush, Demakis, and Rohling, 2017; Crighton and Towl, 2008; Towl, Farrington, Crighton, and Hughes, 2008). As noted in previous editions, not all of the developments in forensic psychology have been positive, and efforts to restrict and narrow the focus of practice and theoretical perspectives have not entirely gone away. There has been a continued divergence within forensic psychology, with some areas seeing positive developments and others becoming more restricted. In what might broadly be termed ‘community approaches’, there has been a marked growth in the quality of practice and the range of perspectives seen. For example, the growth, internationally, in earlier years’ interventions were based in large part on the influential work of David Farrington. There has also been a notable extension to areas that, in the past, psychologists had little to say about—such as sociopolitical violence. This is discussed in detail in the chapter on safeguarding and preventing harmful practice by Brian Thomas‐Peter and Rebecca Lawday and also in the chapter on the politics of forensic psychology by Graham J. Towl. By contrast, the types of work conducted in correctional settings such as prisons and high‐security mental hospitals have continued to largely stagnate, especially perhaps following some of the disappointing results from some international evaluation studies. The striking overinvestment in cognitive behavioural group work, designed with the aim of reducing the risk of reoffending in convicted groups, has continued. Such work has become increasingly standardised, manual‐based and also mandated and marketed. Examples here would be the development of sexual predator treatment programmes in prisons in the United States (Marques, Wiederanders, Day, Nelson, and Van Ommeren, 2005), but the approach has been replicated to a greater or lesser extent in many other correctional settings.
For the previous edition, we sought to draw together a textbook aimed chiefly but not exclusively at those engaged in forensic practice. That continues to be a major aim of the text here too. As previously, a range of new perspectives have been added to offer a constructively critical analysis of forensic psychology, covering the field in breadth and also depth.
In seeking to do this, we have divided the text into three sections, although any such division is necessarily subject to significant overlaps, and this text is no exception to that. This begins with the contributions of forensic psychology to the legal process and, in particular, what may be termed ‘investigative practice’, covering some of the main ways in which psychology contributes to the detection and legal process. This is followed by a section covering what has been broadly termed clinical contributions, looking at the various ways in which psychology may be applied over the life course of individuals. The final section goes on to address the broader professional, legal and ethical issues that arise in forensic psychology, including coverage of the powerful effects of organisations and systemic effects.
In covering these areas, we have not sought to simply produce a bland recitation of current practice—there are a number of sources that the reader could seek such an overview from. Rather, we have sought to look openly and critically at the challenges, controversies and current failings seen in the many, often socially and politically contentious, areas where psychology and law meet.
JUSTICE
The justice systems in the United Kingdom are used as an exemplar of legal systems internationally and provide a starting point, setting the scene for many of the activities and interests of forensic psychologists. This begins with an exploration of forensic psychology in the courts. An understanding of the social construction of the structures used to administer justice forms an important foundation for forensic psychology. One example of the social construction of crime, and a focus of some of the new and developing work covered in this text, will be particularly familiar to student readers. The behaviour of some students on campus may involve a range of problem behaviours. Here, excessive alcohol consumption and anti‐social behaviours often go hand in hand, with sexual violence commonly seen but rarely adequately addressed (Masoumzadeh, Jin, Joshi, and Constantino, 2013; Towl and Walker, 2019).
Yet, in such cases, behaviour is unlikely to be detected and brought to the attention of legal systems. Even when identified, individuals may only be subject to internal disciplinary processes by the university, rather than a court. Rarely in such circumstances do students find themselves subject to the criminal justice process. By contrast, apparently identical behaviours by young people in economically deprived areas see higher levels of criminal justice involvement. The conduct of those working in legal systems also raises questions about the consistent application of laws and basic issues of justice. The sometimes gratuitous violence of police officers in response to political protestors around the world provides one stark example of the social construction of crime. Here, wearing a uniform may protect individuals from criminal charges. Most recently this has been highlighted in terms of police racism and the advent of the Black Lives Matter movement.
The key structures and legal institutions are addressed through the chapters of this text, and it is evident from this the contributions and distribution of psychologists are not rational in the sense of matching need to psychological services. England and Wales provide a useful illustration of this. Here, there are relatively few psychologists working in civil rather than criminal law. Within criminal law, comparatively few psychologists are concerned with areas such as the investigation or prevention of crime and anti‐social behaviours. Fewer still are concerned with ‘white collar’ crimes such as fraud. By far the largest group of psychologists is located in settings linked to the criminal justice system, such as prisons and secure mental hospitals. Within these settings, there is a high concentration in the most secure settings, including high‐security prisons and hospitals. In England and Wales, this distribution of psychology is in part the result of historical precedent that few would argue is optimal in terms of outcomes or the cost‐effective use of resources, though equally it has resulted, to some degree, from professional self‐interests rather than the needs of the legal system or society more generally. In turn, this has acted as a barrier to positive change and more rational distribution of resources.
Internationally, many psychologists feel grave discomfort at the number of children who are drawn into legal systems and end up in custody. It is well known that adolescence is the point at which anti‐social and criminal behaviours increase dramatically, and psychology has a major contribution to make in developing more constructive ways of addressing this. Yet, forensic psychologists working with children have been comparatively rare and have tended to be located in correctional settings, which in turn have tended to be the poor relation to adult services. Input into community services with children has not been sufficient when compared with the underwriting of interventions in prisons and secure hospitals, with, at very best, equivocal evidence as to their effectiveness.
Forensic psychologists have traditionally been slow to accept the role of economic and social inequality in crime. Indeed, it could be suggested that some have acted to resist such notions by stressing the individual causation of crime, often using pseudo‐scientific terminology to firmly locate crime within the individual. A clear example here is the alteration and widespread use of the term ‘criminogenic’. Here, the meaning was altered from its original usage in criminology, where it was originally used to refer to social and economic correlates of higher crime rates. By contrast, it is currently used in ways that suggest causal relationships between crime and individual psychological characteristics. This change adds nothing to our understanding whatsoever and is, for us, a clear example of poor science.
More unequal societies are more unhealthy societies (Wilkinson, 1996). Relative poverty as well as absolute poverty, therefore, becomes an important issue for forensic psychologists. The investment of resources internationally to address anti‐social and criminal behaviours has continued to be considerable, but efforts to address inequality have been limited and inconsistent. A great deal of money has been invested, and some would persuasively argue wasted, in developing a range of ‘assessment tools’ and standard manual‐based courses—something which may continue to serve some financial and professional self‐interests. These approaches, though, have failed the public and continue to do so. In some places, there has been a major rowing back from work of this type, as in the case of Canada. The dominance, until quite recently, of manual‐based interventions led to concern about the ‘dumbing down’ of psychological interventions, with a serious weakening of the scientist–practitioner approach (Thomas‐Peter, 2006; Towl, 2004). There have, though, recently been encouraging signs of a reaction against this, actively contesting such approaches.
The issues of sentencing practices and mass imprisonment have remained central to many areas of forensic practice. The greater use of imprisonment and more punitive and indeterminate sentences has continued across a number of countries, with comparatively little done to address the causes of crime. The so‐called ‘What works?’ literature (Merrington and Stanley, 2007; Thomas‐Peter, 2006; Towl, 2004) has contributed to this. It has done so in two main ways. It has supported the notion that criminal and anti‐social behaviour can be successfully ‘treated’ within secure settings. Secondly, it has supported the idea that this can be done largely in isolation from social and economic conditions. This arguably drove the creation and expansion of interventions that were characterised more by political expediency than by solid empirical evidence in support of them.
In setting the context of forensic psychology, the area of expert testimony is central. One feature that distinguishes this as a form of evidence is that opinions are actively sought. A great premium can sometimes be put on expert evidence, which forms an important part of criminal and civil justice processes. It is only comparatively recently that psychologists have contributed on a large scale to this. The boundaries around the use of psychology in legal systems have remained contentious. Expert evidence in legal systems is elicited to serve that system and not to advocate for one party or another. This fundamental point has been poorly integrated into practice, with psychologists often appearing to testify as experts on behalf of their employers. This has often resulted in poor‐quality and unhelpful testimony impairing the functioning of legal systems (American Psychological Association, 2010; British Psychological Society, 2017; Home Office, 2000).
EXPERT CONTROVERSIES
One controversy in the area of expert evidence for psychologists is the scientific basis of some of the assertions made. There are major doubts about some aspects of psychology such as scientific concerns about the validity of diagnostic categories such as ‘personality disorder’. Although some psychologists have been highly critical of this approach, others have seen it as useful. Whether or not fitting an individual to a particular diagnostic category is a valid psychological approach is addressed by a number of authors.
Examples of practice here would include parole or mental health hearings, where the focus may be on whether a prisoner can be ‘diagnosed’ with ‘psychopathy’. The circularity inherent in such explanations is rarely considered and is often difficult to convey in such settings. This is also complicated by the recent apparent dramatic growth in the use of psychometrics. The heavily marketed claim is that various psychometric ‘tools’ furnish more objective and useful information. The use of psychometrics in this manner has a superficial appeal of offering apparently ‘objective’ information and being relatively easy to convey. Such information needs though to be viewed in the wider context of its use. Another example of expert testimony has been in relation to memory research. Knowledge and understanding of memory research have perhaps most widely been highlighted in relation to eyewitness testimony as a particular type of expert witness testimony. Indeed, this is one application of experimental psychology that is routinely referred to in undergraduate and postgraduate forensic psychology courses. The scope for applications of psychological research in memory can potentially go much wider, for example the application of the understanding of memory to the assessment of prisoners subject to indeterminate sentences. Part of the standard assessment methods used here typically involves the collection of self‐reported data. Individuals are often asked to recall thoughts, emotions and actions in detail about historical events, being judged negatively for lapses or apparent failures of recall. Findings from the evidence based on memory suggest that this is likely to be futile as a means of understanding what happened. Memory is in reality a highly constructive process. People have a very limited recall for distant events, and that recall is highly susceptible to effects from previous accounts and subsequent questioning. This is an area ripe for research and the development of better practice.
The area of expert and professional testimony also warrants close scrutiny on ethical and human rights grounds (British Psychological Society, 2017). Laypeople are by definition unlikely to be good at detecting detailed errors in the scientific research presented to them. It is incumbent on the psychologists not only to offer scientific opinion, but to express it in a manner that is most likely to be accurately understood. This also clearly requires an accurate explanation of areas where there is a reasonable range of professional opinion.
HUMAN RIGHTS AND ETHICS
Human rights and ethical issues are central to forensic psychology and run through this text. The substantive ethical issues are generally not different from those found elsewhere in psychology, but are frequently brought into sharper focus in the forensic field (American Psychological Association, 2010; British Psychological Society, 2017; Towl, 1994, 2004). Ethical issues underpin research and practice, making it important to explore their philosophical roots. Generally applicable human rights and a sense of the common good are key considerations that underpin many professional ethical codes. Ethical approaches do not occur in a vacuum but rather in the context of power relations, in particular cultures at particular times. Power differentials are pervasive across cultures, as may be both ethical and unethical professional behaviours. Some aspects of research and practice may change speedily over time to adjust to wider societal norms, others more slowly. An underlying concern about professionals, in general, has been the extent to which we are considered to be serving our own rather than public interests. Professions tend to attract higher levels of reward. It is, perhaps, unsurprising that professional ethics can sometimes be seen as a means of serving professional self‐interests. Psychology has not been immune to this with the number of complaints involving forensic practice growing, particularly in correctional settings. Psychologists may be criticised by service users (Hanson, 2009; Rose, 2009) and also by those supporting victims of crime (Siddique, 2018). This can lead to defensive professional responses, including the avoidance of some areas of work altogether. It may frequently lead to an unwillingness to take appropriate and just risks. There is no valid excuse for such practices, which may reasonably be deemed unethical. It is important to acknowledge some of the potential dynamics that may come into play. When complained about, individuals may feel hurt or even angry. Complaints may feel as if they are rather personal, whether or not that is the intention (Lindsay, Koene, Øvreeide, and Lang, 2008). Responses to complaints can, though, be an opportunity for critical reflection on practice and may provide valuable learning. Of course, in forensic practice, there may be more of a tendency for recipients of services to complain in relation to decision‐making that may have an impact on their liberty. This is, though, often a perfectly understandable reaction.
It seems axiomatic that, in general, greater power imbalances lead to greater opportunity for abuses and unethical behaviour. This touches on tension within professions, which tend to work towards increasing our power bases. This has certainly been applied to psychology in forensic settings, where there has been a marked growth in the formal and informal power exercised. A generally unintended consequence of growing power is a greater risk of abuse, and that those harmed by unethical services may reasonably seek redress. Increasing professional power in democratic systems is not cost free: it comes at the cost of greater levels of accountability. One important test of professional ethics in this context is the extent to which individuals are willing to ‘whistle‐blow’ about colleagues’ malpractice. It is easier not to comment, let alone intervene, when a colleague is behaving in a professionally inappropriate manner. Some will cover up for the mistakes of their colleagues, and this is most likely to be an under‐reported ethical problem in itself. Increased power and influence may also be used positively. This tension provides a salutary reminder of the need always to treat others with dignity and respect, especially when dealing with differences. Compassion, understanding and justice are crucial to ethical decision‐making.
Witnesses play a central role in legal systems. The accuracy, or otherwise, of their testimony is often crucial. For many students of psychology, this will have a real resonance with much of memory research covered during undergraduate studies. The reconstructive functioning of memory leads to biases and inaccuracies in eyewitness testimony. This is an area of forensic psychological research and practice where learning from experimental psychology has had a growing influence on legal systems. Models and methods developed in laboratories have changed legal processes. Concepts from memory and learning research can clearly be helpful in assisting our understanding of legal processes.
DEVELOPMENTAL PERSPECTIVES
A key theme of the text is the current and potential contributions of developmental research and theories to forensic psychology. There is a very rich heritage of such work, and growth in this area has continued in recent years. Studies on the complicated interactions of environmental factors and underlying neurobiological mechanisms have begun to shed more light on a range of problem behaviours. The field has moved on dramatically from intellectually vacuous polarised debates about nature versus nurture. This has been helped by rapid technical progress, greatly facilitating the study of the working of the nervous system. This has been matched by step changes in both research and theory development.
Notwithstanding our earlier observations about the psychometrics industry, some forms of psychometric assessment provide us with an avenue to explore and improve our understanding of specific brain functioning and links to anti‐social behaviours. An example here is the reported association between anti‐social behaviours and lower verbal intelligence. From a neuropsychological perspective, this has been interpreted as linked to left hemispheric dysfunction. The reason for comparatively higher levels of ‘performance’ intelligence may reflect a lack of opportunities to develop verbal skills. A lack of specific experiences may lead to areas of the brain failing to develop or function effectively.
Forensic neuropsychological research has often been unfairly confused with notions of biological determinism or misused to advance such arguments. The current developing evidence base presents a much more complex and interesting picture, which stresses the early plasticity of the brain and also its capacity to recover. This suggests a compelling case for earlier interventions and improved access to such things as dietary improvements and educational opportunities (Jackson, 2016). Such interventions are actively undertaken by many economically and socially advantaged groups to good effect. Educational disadvantage tends to be a feature of offender populations. It is an encouraging trend that forensic psychologists are increasingly taking an interest in working with children and young people within the legal system or at risk of becoming so. There remains, though, a strong bias within forensic psychology towards clinical work with adults. This bias is striking and very odd. The evidence base within psychology suggests that the most effective interventions are likely to be undertaken as early as possible, and that prevention is likely to be more effective than late efforts at ‘cure’. This suggests a need for major shifts in forensic psychology away from working with imprisoned adults and towards work with children, young people and families. What is needed is fewer psychologists working with imprisoned adults and more psychologists working with children and young people, if we are to maximise our impact on crime prevention.
Effective prevention results in fewer victims and also more individuals living fulfilling and productive lives. One continuing trend in research evaluating the efficacy of interventions has been efforts to measure ‘cost‐effectiveness’ in addition to traditional psychological methods of evaluation. This is potentially positive because it allows a focus on ‘treatment impact’ and also the financial costs of this. This creates potential to invest more wisely. One idea underlying developmental interventions is that relevant areas may be identified and effectively addressed early on. In purely financial terms alone, some interventions can be effective as shown by a number of good‐quality cost–benefit studies (Welsh and Farrington, 2000).
One of the key problems with the focus on work in high‐security settings is that it draws limited resources away from more effective work. Even within secure settings, in terms of the potential impacts of interventions, there are far too few psychologists working with children and young people. A wiser distribution of resources would target schools, pupil referral units, youth justice services in the community and child and adolescent services (Crighton and Towl, 2008; Crittenden, 2008).
The family can be protective for some. However, if a child is unfortunate enough to have a father or mother who is involved in crime, then the probability is high that they themselves will end up with a criminal record. This is despite the finding that criminal parents tend to be highly critical of their child’s involvement in crime. Family size is also important, with more children being equated with a higher risk of delinquency. This may well be linked to the thinner distribution of emotional, social and financial resources. There is ample evidence to demonstrate links between childhood poverty and risk of criminal conviction. Low family income and poor housing tend to characterise those with a higher risk of delinquency. Boys are at a higher risk of conviction while unemployed than when employed. This suggests a number of early prevention‐based interventions.
Equally important as understanding the development of ‘criminal careers’ is the need to understand desistence from crime. One advantage of a developmental perspective is that it lends itself to the notion that, at different stages of life, different things may predict desistence. Marriage and stable employment are two factors that have been widely researched in terms of their predictive value. Others have argued that personal resolve and determination to stop committing crime are also important. Desistence, in one sense, may be likened to ‘spontaneous recovery’ in medicine. Generally, people who are unwell subsequently recover. For many illnesses, this would be the case without intervention, and a parallel can be drawn with crime. A majority of those committing crimes will eventually desist. The rate of crime by individual prisoners is largely age‐dependent. This remains, though, an under‐researched area with great potential and promise for the future.
INVESTIGATION AND PROSECUTION ISSUES
The contributions of psychology to the earlier stages of legal processes have continued to increase since the previous edition of this text. Work with survivors, victims and witnesses has developed significantly. More is now known about the characteristics of a diverse range of witnesses in criminal and civil law systems. Similarly, the contributions of psychology to the investigation of crime have developed significantly. Offender profiling generates considerable interest with significant development in the quality of research and practice. Historically, this area of forensic psychology was criticised as being more akin to the cold readings practised by magicians than a scientific effort to aid investigation (Towl and Crighton, 1996). The field has though moved on from this, adopting a scientist–practitioner approach, involving the study of a wider range of behaviours and crimes. This has moved profiling away from impressionist profiling of high‐profile and highly publicised crimes. The greater stress on using psychology to improve the process of investigation has attracted a lower public profile but has undoubtedly been more productive and more ethical.
In terms of a range of criminal and civil justice processes played out in courts and tribunals, one crucial grouping is the jury, and this is covered in some detail. Jury decision‐making has been increasingly researched, with work looking at how they make decisions as well as the specific heuristics and biases seen. Despite frequently expressed concerns, juries remain a prominent part of legal systems in democratic states, being seen as a significant check against state abuses. Even there, they have faced efforts to circumscribe their freedom of action. This commitment to juries remains, despite evidence that some jury members may struggle to understand particularly complex cases, especially in areas such as financial fraud. Such findings have fuelled efforts to limit the role and use of juries. More contentiously, it has been argued that juries may struggle to follow the instructions of judges or may inappropriately disagree with legal instructions. Such resistance from juries often appears to be based on feelings of natural justice and differences in background and experience compared with those in judicial office. Lawyers may feel that juries fail to ignore evidence when instructed that it is legally inadmissible or that juries will transgress other legal rules. Progress in this area is limited by the secrecy that surrounds the jury room in some jurisdictions. There is, though, increasing research in this area, and a sense that work in this area has benefitted from an increasing openness within many legal systems.
PSYCHOLOGICAL ASSESSMENT
Power relationships are a fundamental aspect of forensic psychology. This is very much evident for psychological assessments. These involve some degree of coercion and may also take place in fundamentally coercive environments such as prisons and secure mental hospitals (Towl, 2005a
