Research Methods in Forensic Psychology E-Book

Barry Rosenfeld

• Herausgeber: John Wiley & Sons
• Kategorie: Geisteswissenschaft
• Sprache: Englisch

Seitenzahl: 1194

Veröffentlichungsjahr: 2011

Beschreibung

The only professional resource to focus exclusively on research methods in forensic psychology

With specific advice on topics of particular importance to forensic specialists, Research Methods in Forensic Psychology presents state-of-the-discipline summaries of the issues that relate to psychology and law research.

Edited by renowned experts in the field, this resource features contributions by leading scholars in forensic psychology and law, with discussion of relevant topics such as:

• Meta-analysis
• Jury decision making
• Internet-based data collection
• Legal research techniques for the social scientist
• Offender treatment
• Competence to stand trial
• Criminal profiling
• False confessions and interrogations
• Trial-related psycho-legal issues
• Accuracy of eyewitnesses and children
• Violence risk assessment

This comprehensive guide is designed for a wide range of scholars and legal professionals, presenting a succinct overview of the field of psychology and law as viewed by some of the world's foremost experts.

Leseprobe

Contents

Cover

Title Page

Copyright

Contributors

Acknowledgments

Introduction: The Importance of Appropriate Research Methods

An Overview of This Book

Part I: General Issues in Forensic Research

Chapter 1: Legal Research Techniques for Social Scientists

Introduction

Knowledge of the Law

Finding and Understanding the Law

Jurisdiction, Stare Decisis, and Types of Authority

Conclusion

Resources for Legal Research

References

Chapter 2: Measure Development in Forensic Psychology

Assessing “Forensic” Constructs

The Importance of Theory

Normative Data

Reliability and Validity Are Different

Data-Analytic Approaches

Summary

References

Chapter 3: Meta-Analysis

Goals of Meta-Analyses and Types of Research Questions Addressed by Quantitative Reviews

Steps in Conducting a Meta-Analysis

Calculating Effect-Size Measures

Preliminary Analyses and Detecting Outliers

Meta-Analytic Synthesis: Integrating Studies

Reporting and Interpretation of Meta-Analyses

Conclusions

References

Chapter 4: Forensic Psychological Research and the Internet

Validity of Internet Research

Methodological Suggestions in Conducting Web-Based Research in Forensic Psychology

Examples of Web-Based Studies in Forensic Psychology

Experimental Research

Conclusion

References

Chapter 5: Statistical Principles in Forensic Research

Some Data Issues to Consider Prior to Analysis

Hypothesis Testing

Basic Bivariate Statistics

Multivariate Statistics

A Note on Reporting Your Results

Statistics: The Bottom Line

References

Part II: Criminal Law—Pretrial Issues: Criminal Investigations and Pretrial Forensic Assessment

Chapter 6: Research Methods for Psychophysiological Deception Detection

The Comparison Question Test

Methods: Basic Issues

Characteristics of a High-Quality Laboratory PDD Study

Characteristics of a High-Quality Field PDD Study

Data Reduction

Useful Data Presentation

Summary and Closing Comments

References

Chapter 7: Criminal Profiling

Introduction

Individual Differentiation

Individual Discrimination

Behavioral Consistency

Conclusion

References

Chapter 8: Methods in Deception Detection Research

Misclassifications of Innocent Suspects

Research Questions in the Study of Deception

Self-Report and Survey Studies on Deception and Its Detection

Laboratory Research on Deception

Criticism of Laboratory Research

Eliciting Cues to Deception

Conclusions and Future Directions

References

Chapter 9: Competency to Stand Trial and Criminal Responsibility Research

History and Legal Background

Methodological Issues

Future Directions

References

Chapter 10: Research Methods for the Assessment of Malingering

Malingering Domains and Detection Strategies

Study Designs

Elements of Simulation Designs

Conclusions

References

Part III: Criminal Law—Trial Issues

Chapter 11: Jury Research Methods

Early Jury Research

Early Jury Research Topics

Methodological Critiques of Jury Research

Why Would Research Methods Not Change?

Do Research Methods Matter?

What Does Research Reveal about Method Effects?

Are Juror Characteristics Related to Juror Verdicts?

Other Aspects of Jury Research Generalizability

Alternative Research Methods

Some Final Notes

References

Chapter 12: Trial Consulting in High-Publicity Cases

Introduction and History of the Trial-Consulting Industry

How Does One Become a Trial Consultant?

How Does PTP Influence Jurors' Decision Making?

How Do Trial Consultants Conduct Community Attitude Surveys?

How Do Trial Consultants Conduct Media Content Analyses?

Using Multi-Method Research Procedures

References

Chapter 13: Eyewitness Identification Research: Strengths and Weaknesses of Alternative Methods

Eyewitness Identification Laboratory Experimental Methods

Reporting and Analyzing the Data

Archival Research and Field Experiments

Generalizing Research Findings

Concluding Remarks

References

Chapter 14: Children's Eyewitness Memory: Methodological Issues

Case Law

The Beginnings of the Scientific Study of Child Witnesses

Internal and External Validity and Ethical Issues

Child Eyewitness Memory Research

Conclusions

References

Chapter 15: Procedural Justice: Theory and Method

Theory as Method

Procedural Justice Theory and Research: The Fair Process Effect

Methodological Considerations

Construct Validity (of the Independent and Dependent Variables)

Concluding Remarks

References

Part IV: Criminal Law—Post-Trial Issues and Special Populations

Chapter 16: Conducting Psychotherapy Outcome Research in Forensic Settings

Treatment Development and Adherence

Operationalizing and Measuring Relevant Variables

Experimental Design and Data Analysis

Ethical and Legal Issues

Conclusion

References

Chapter 17: Research Methods in Violence Risk Assessment

Legal Context

The Role of Test Standards

Developing Risk-Assessment Instruments

Research Designs

Issues of Reliability

Issues of Validity

Generalizability

Criterion-Related Issues

Statistical Analysis

Sources of Data Collection

Conclusion

References

Chapter 18: Psychopathy in Forensic Psychology: Assessment and Methodology

Psychopathy: Differing Conceptualizations

Measurement of Psychopathy

Psychopathy and Outcomes Relevant to the Legal System

Psychopathy and the Law

Improving Research on Psychopathy

Suggestions for Future Research

Conclusions

References

Chapter 19: Sex Offender Research in a Forensic Context

Classification and Diagnosis

Etiology

Risk Assessment

Remediation and Management

Community Management

Conclusion

References

Chapter 20: Special Populations: Juvenile Offenders

Introduction

The Juvenile Justice System and Sample Selection Issues

Informed Consent

Assessment and Prediction Research

Juvenile Offender Treatment Research

Additional Ethical Considerations

Conclusions

References

Chapter 21: Research With Offenders With Intellectual Disability

Introduction

What Is Intellectual Disability?

Using Appropriate Definitions

Conclusions

References

Part V: Civil and Family Law Issues

Chapter 22: Decisional Competence to Consent to or Refuse Mental Health Treatment

Sample Population and Decisional Competence

Measurement of Decisional Competence

Construct Validity of Decisional Competence Tools

Interventions to Improve Decisional Competence

Descriptive Research on Clinical Practice of Decisional Competence Assessment

Qualitative Analysis of Mental Health Treatment Decision Making

Summary

References

Chapter 23: Methodological Issues in Divorce Mediation Research

Independent Variables

Independent Variables Studied in Research to Date: A Limited Domain

Dependent Variables

Linking Independent and Dependent Variables: Process Research

Summary and Recommendations

References

Chapter 24: Research on Intimate Partner Violence in Forensically Relevant Contexts: Methodological Challenges and Controversies

Forensically Relevant IPV Topics

Summary/Conclusions

References

Chapter 25: Research on Child Abuse and Neglect

Introduction

A Brief Historical Review of Child Protection Laws

Methodological Issues

Ethical Issues in Child Maltreatment Research

Conclusions

References

Author Index

Subject Index

This book is printed on acid-free paper.

Copyright © 2011 by John Wiley & Sons, Inc. All rights reserved.

Published by John Wiley & Sons, Inc., Hoboken, New Jersey.

Published simultaneously in Canada.

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Library of Congress Cataloging-in-Publication Data:

Research Methods in Forensic Psychology/Edited by Barry Rosenfeld, Steven D. Penrod.

p. cm.

Includes index.

ISBNs 978-0-470-24982-6; 978-0-470-93338-1; 978-0-470-93340-4; 978-0-470-93339-8

1. Forensic psychology. I. Rosenfeld, Barry, editor of compilation. II. Penrod, Steven D., editor of compilation. III. Rosenfeld, Barry. Overview of forensic research.

RA1148.R47 2011

614'.15—dc22

2010045677

Contributors

Kathryn Byars, MA

John Jay College of Criminal Justice

Debra Chen, BS

The University of Alabama

Lawrence D. Cohn, PhD

University of Texas, El Paso

Anna Coward, MA

Fairleigh Dickinson University

Keith R. Cruise, PhD

Fordham University

Tarika Daftary-Kapur, PhD

Vera Institute of Justice

Stephanie Davidson, JD, MLS

University of Illinois

Kevin S. Douglas PhD, LLB

Simon Fraser University

John Edens, PhD

Texas A&M University

Eric B. Elbogen, PhD

University of North Carolina

Robert E. Emery, PhD

University of Virginia

Solomon M. Fulero, PhD, JD

Sinclair College

Michele Galietta, PhD

John Jay College of Criminal Justice

Nathan D. Gillard, MS

University of North Texas

Gail S. Goodman, PhD

University of California, Davis

Sarah Greathouse, PhD

Iowa State University

Debbie Green, PhD

Fairleigh Dickinson University

Ross D. Grimes, MA

The University of Alabama

Jennifer Groscup, JD, PhD

Scripps College

Maria Hartwig, PhD

John Jay College of Criminal Justice

Larry Heuer PhD

Barnard College, Columbia University

Charles R. Honts, PhD

Boise State University

John C. Kircher, PhD

University of Utah

Margaret Bull Kovera, PhD

John Jay College of Criminal Justice

Raina Lamade, MA

Fairleigh Dickinson University

Elise C. Landry, JD, MA

John Jay College of Criminal Justice

Zina Lee, PhD

University of the Fraser Valley

Sara Lowmaster, MA

Texas A&M University

Kelly McWilliams, MA

University of California, Davis

Mindy B. Mechanic, PhD

California State University, Fullerton

Elizabeth Nicholson MA

Simon Fraser University

J. Gregory Olley, PhD

University of North Carolina at Chapel Hill

Steven D. Penrod JD, PhD

John Jay College of Criminal Justice

Margaret-Ellen Pipe,PhD

Brooklyn College

Ekaterina Pivovarova, MA

Fordham University

Robert A. Prentky,PhD

Fairleigh Dickinson University

Jennifer K. Robbennolt JD, PhD

University of Illinois

Richard Rogers PhD

University of North Texas

Barry Rosenfeld, PhD

Fordham University

Karen Salekin, PhD

The University of Alabama

Randall T. Salekin,PhD

The University of Alabama

C. Gabrielle Salfati, PhD

John Jay College of Criminal Justice

David A. Sbarra, PhD

University of Arizona

Diane Sivasubramaniam, PhD

University of Ontario Institute of Technology

Jennifer L. Skeem, PhD

University of California, Irvine

Lisa Spano, PhD

PhaseOne Communications

Siegfried L. Sporer, PhD

University of Giessen, Germany

Gary L. Wells Ph.D.

Iowa State University

Cathy Spatz Widom, PhD

John Jay College of Criminal Justice

Patricia Zapf, PhD

John Jay College of Criminal Justice

Acknowledgments

Barry Rosenfeld:

For Cara, Jane, Kate, and Anna, who put up with far too many nights when I'm at the computer.

Steve Penrod:

To Joan

The Importance of Appropriate Research Methods

Barry Rosenfeld and Steven D. Penrod

For more than a century, since the publication of Hugo Munsterberg's seminal book On the Witness Stand, psychologists have been actively engaged in research aimed at addressing and informing legal questions. Although Munsterberg's work was largely ignored in his lifetime, important developments in legally relevant aspects of psychology have continued to emerge in the decades that followed. In 1917, William Marston published the first of many papers (as part of his dissertation research) examining the utility of autonomic nervous system arousal as a measure of deception. This work eventually culminated in the modern-day polygraph test, but also formed the basis for the U.S. Supreme Court's decision in Frye v. U.S. (1923), which defined the “general acceptance” standard for admissibility of scientific testimony—a standard that still plays a part in admissibility decisions in almost all jurisdictions. But without question, the “breakthrough” application of psychological research to legal proceedings occurred in the landmark case of Brown v. Board of Education (1954), in which the research of Kenneth and Mamie Clark was cited in support of the argument that racially segregated educational systems were inherently unequal.

However, much of this seminal research, like Munsterberg's early writings, has been ignored by the legal community. For example, Marston's precursor to the polygraph test was deemed inadmissible in Frye because it was not “generally accepted” by scholars in the field. Many such examples exist, including Supreme Court decisions in Barefoot v. Estelle (1983) and Lockhart v. McCree (1986), both of which effectively ignored decades of published research (regarding the accuracy of predictions of violence and the impact of death qualification on jury verdicts, respectively). In some cases, judicial fact-finders and policymakers have cited limitations in the published research, noting that the published research does not directly answer the specific legal issue at hand; in other instances, however, concerns relate to the study methodology used. Indeed, the rigor of psycholegal research methodology is a critical element underlying legal and policy decisions about the relevance and implications of published research.

The importance of a rigorous research methodology grew exponentially with the Supreme Court's decision in Daubert v. Merrill Dow Pharmaceutical (1993). In outlining the factors that should be considered in deciding whether scientific testimony should be admissible, the Court, in Daubert, focused on the quality of the scientific research that underlies expert opinions. Although no specific prescription exists for determining when a research study is “good enough,” there is little doubt that stronger research is more likely to yield data upon which policymakers can rely. Indeed, Daubert called on judges to make determinations about whether research is sufficiently reliable as to warrant admissibility under the label of “scientific” or “expert” testimony.

The benefits of rigorous and systematic research are perhaps best exemplified by the widespread acceptance, by the U.S. Department of Justice, of the findings from eyewitness researchers. Based on the large and rigorous body of research demonstrating the problems associated with traditional eyewitness lineup procedures, as well as the existence of multiple procedures for reducing inaccurate lineup identifications, the Department of Justice (DOJ) recommended a number of modifications to traditional police procedures. Although changes to existing practice are no doubt slow to achieve, the DOJ's acceptance of the input of psychology researchers was clearly based on the respect for, and indisputable quality of the scholarship that underlay the recommendations.

In short, during the past century the potential impact of psycholegal research in guiding policy and practice has been repeatedly demonstrated. Yet these advances could not have been possible without the application of rigorous research methods. For many scholars, learning these “tricks of the trade” is simply a part of the graduate school experience, with mentors educating their students in the nuances of research in their area of expertise. But not all learning follows this prototypical approach. Particularly given the rapid expansion of forensic psychology graduate programs and journals, the need for guidance in developing methodologically rigorous research studies has far outstripped the resources of the profession. Quite simply, not all budding research scholars can have the opportunity to learn from a well-established and widely recognized authority. Hence, the impetus for the present book: to fill this void in mentorship and guidance by providing concise summaries of the principal methodological issues that pervade psychology/law research.

An Overview of This Book

When we initiated this project, a number of people asked why such a book was needed. Who is the intended audience? Aren't there already enough resources out there for anyone who is interested in learning research methodology? Of course, a knee-jerk reaction might be to reply “because there isn't a book like it” or “everyone who conducts psychology/law research could benefit from this book.” But the reality may be slightly more humble. We hoped that this book would serve as a comprehensive resource for a wide range of scholars, ranging from novice researchers who have relatively limited guidance to draw upon within their own institutions, to established researchers who are expanding their research focus and seek to avoid the pitfalls that might jeopardize their initial forays. Almost every researcher, no matter how well established, has had the experience of conducting a research study and writing up the results, only to discover that the journal reviewers have identified “fatal flaws” that limit its utility—perhaps even to the point of it's being unpublishable. Our hope is that a book such as this one will help avoid the wasted time, money, and energy that go into research projects that ultimately fall short because of methodological naiveté.

Attorneys, too, may find this book useful, particularly when they struggle to understand the research that an expert might draw on in forming an expert opinion. Experts routinely testify about published research, yet few attorneys have sufficient familiarity with research methodology to understand, let alone cross-examine, psychologists on their work or the work they reference. At present, there is little by way of guidance for attorneys or policy-makers who need to differentiate between rigorous scholarship and the “junk science” that occasionally makes its way into the courtroom.

To provide the most comprehensive overview of research methodology, we invited leading scholars in each of the primary psychology/law arenas to contribute chapters. Authors were charged with a simple task: to summarize the primary methodological issues and common problems encountered in their respective areas of study. The result is a succinct overview of the field of psychology/law, as viewed by some of the world's leading experts.

As evident from the Table of Contents, the topics encompassed by these chapters are diverse and represent the breadth of the field. Although many chapters address topics related to the criminal law, there are also a number of chapters that demonstrate the application of psychology/law research to civil law, family law, and unique subgroups of the population. Part I addresses broad methodological topics, including how to conduct legal research, a basic primer on statistics, and more detailed coverage of important topics such as meta-analysis, measure development, and Internet-based data collection. These topics represent more general issues that are often applied to the more specific content areas addressed in subsequent chapters.

Part II of this volume addresses a range of pre-trial issues in the criminal law arena, including the polygraph, competence to stand trial, malingering, criminal profiling, and false confessions and interrogations. Trial-related psycholegal issues comprise Part III, including jury decision making and litigation consultation, the accuracy of eyewitnesses and children, and procedural justice research. Part IV addresses post-trial issues and special populations, including violence risk assessment and psychopathy research, as well as sex offenders, juvenile offenders, and mentally retarded offenders. Each of these populations presents unique challenges that are often overlooked by novice researchers. The final set of chapters addresses topics primarily related to civil and family law, including informed consent and decisional competence, child custody and divorce mediation, intimate partner violence, and child abuse. In short, this volume is intended to provide guidance for researchers who seek to study virtually any conceivable topic in the field of psychology/law.

This book is not, however, intended to replace a more general research methodology textbook. Readers will be far better able to digest and use the information in this volume if they already have a working knowledge of the “basics” of research methodology. Clearly, outlining all aspects of research design, sampling, and statistical methods is beyond the scope of this text. Rather, we have attempted to provide a comprehensive supplement that will enable the psychology/law researcher to apply the principles gleaned from a more general text or course on research methodology to the nuances of law/psychology research. Of course, these nuances differ depending on the nature of the psycholegal questions being investigated, and hence, the large volume of chapters, each of which covers distinct research areas and provides the insights and guidance of leading researchers.

There is little doubt that psychology and law has grown exponentially during the past few decades. Since the initial development of the American Psychology-Law Society in 1978, and the subsequent emergence of Law and Human Behavior as the flagship journal of the Society, research scholarship around issues related to legal and policy issues has exploded. From a small society with a single journal, psychologists today have numerous scholarly outlets for their work and multiple professional organizations that address issues of relevance to psychology/law researchers. Yet the variability of scholarship continues to be wide, indicating an ever-growing need for expert guidance. We hope that this book can represent one step toward filling this void and improving the quality of scholarship that will be produced by the next generation of researchers.

Part I

General Issues in Forensic Research

Chapter 1

Legal Research Techniques for Social Scientists

Jennifer K. Robbennolt and Stephanie Davidson

Introduction

The range of legal topics into which psychology can offer insight is enormous. Similarly, psychologists can occupy a variety of roles as they contribute to the analysis of these legal questions. However, whether a psychologist is conducting research, working as a practitioner, or serving as an expert, a detailed knowledge of the substantive law, the operation of the legal system and its processes, and the content of legal policy debates is critical. Indeed, knowledge of the law has been identified as one of the core competencies of psycholegal scholars, with basic competence including knowledge of “the basic tools of law (e.g., legal processes, evidence), sources of law (e.g., common law, statutory law, constitutional law, administrative law), and the core substance of law itself (e.g., civil, criminal)” (Bersoff et al., 1997, p. 1305).

Skill in performing legal research is central to gaining this requisite legal knowledge. As Grisso and his colleagues (1982) have argued, proficiency with legal research is of particular importance for those

who will be performing psychological research on legal issues, since the relevance of their research will often depend on the care with which their studies are grounded conceptually in matters of law and legal precedent. Similarly, it is unlikely that professionals will stay abreast of the law that controls their practice unless they know where to “find” the law, how to interpret it, and how to keep abreast of any amendments to it. (p. 272)

To help legal psychologists attain this necessary competence with the law and legal materials, this chapter provides an introduction to the sources of law and the processes of legal research. Before probing the particulars of the structure of the law and how to do legal research, we describe in more detail the importance of legal research for legal psychologists.

Knowledge of the Law

Across legal issues, areas of psychology, and professional roles, a working knowledge of the law that is relevant to one's area of research or practice is indispensable.

While it may not be essential for every legal psychologist to have extensive training in law, it is important that psychologists who work in the legal psychology area have an in-depth understanding of the law that pertains to their own areas of work.(Ogloff, 2001, p. 11)

Without such an understanding of the relevant law, legal psychologists cannot be effective. In order to acquire this meaningful understanding of the law, researchers, practitioners, and experts all need to be able to conduct legal research. Effective legal research enables psychologists to design research programs that will be relevant to law and legal decision making, to frame and disseminate the results of psycholegal research in ways that will have meaning for legal actors, to identify broader questions that are of interest to the law and into which psychology can offer important insights, and to comply with ethical guidelines that call for an understanding of the law related to the relevant research or practice area.

Designing Research With Relevance to Law

A primary reason why psychologists working on legal topics must be familiar with the sources of law and how to do legal research is that it is difficult to design research that will be of relevance to legal doctrine, legal process, or policy debates in law without a grounding in the relevant law and practice. In order to design sophisticated research that addresses important legal questions in ways that are attuned to nuances in the law, researchers need to be aware of the relevant law and how it operates.