What's risk got to do with it: Judges' and probation officers' understanding and use of juvenile risk assessments in making residential placement decisions.

OBJECTIVE: This hypothetical vignette-based experiment was designed to better understand judges' and probation officers' interpretations and use of juvenile risk assessment tools in their decision-making around restrictive sanctions and confinement of youths on the basis of the youths' risk level and race. HYPOTHESES: We expected that estimates of the probability of juvenile recidivism would significantly mediate the relationship between a categorical risk descriptor and decisions regarding the ordering confinement of youths. We also hypothesized that youths' race would serve as a significant moderator in the model. METHOD: Judicial and probation staff (N = 309) read a two-part vignette about a youth who was arrested for the first time; in this vignette, race (Black, White) and risk level (low, moderate, high, very high) of the youth were varied. Participants were asked to estimate the likelihood that the youth would recidivate in the following year and their likelihood of ordering or recommending residential placement. RESULTS: Although we found no simple, significant relationship between risk level and confinement decisions, judicial and probation staff estimated higher likelihoods of recidivism as risk-level categories increased and ordered out-of-home placements at increased rates as their estimations of the youth's likelihood of recidivation increased. The youth's race did not moderate the model. CONCLUSION: The greater the probability of recidivism, the more likely each judge or probation officer was to order or recommend out-of-home placement. However, importantly, legal decisionmakers appeared to apply categorical risk assessment data to their confinement decisions using their own interpretations of risk category rather than being guided empirically on the basis of risk-level categories. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Using the MMPI-3 in Legal Settings.

In this paper, we review the historical evolution of the MMPI instruments, consider the empirical foundations for its use in Forensic Mental Health Assessments (FMHAs) with particular emphasis on the applicability of MMPI-2-RF research to these evaluations, and identify ways in which the inventory can be effectively but also inappropriately used in these assessments. We also review appellate court decisions related to forensic uses of the MMPI and discuss implications for cross-examination on MMPI-3-based testimony, emphasizing the need for forensic practitioners to be familiar with the empirical research available to guide MMPI-3 use in FHMAs. We identify areas needing further research, including the utility of the test in assessments of persons of color, investigations of the applicability of MMPI-3 results in various specific forensic assessments and rehabilitative applications, and further research on implications of the new English and Spanish-language norms. Potential contributions of studies using the updated MMPI-3 scales in descriptive research on forensic populations are also discussed. We conclude that when used properly to assess for evidence of invalid responding that may affect FMHAs, or psychological functioning relevant to answering psycho-legal referral questions, the MMPI-3 rests on solid empirical foundations that can withstand the scrutiny inherent in forensic evaluations.

Risk assessment and juvenile resentencing: A critical analysis.

Recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) have created the need to resentence individuals who received a sentence of mandatory life without parole (LWOP) for offenses committed when they were younger than 18 years old. Neither of these decisions explicitly cite reoffense risk as a sentencing criterion, but a careful reading of the reasoning in these cases suggests that such a risk should be among the considerations addressed by resentencing courts. If so, important theoretical and scientific questions are raised about the nature of risk assessment tools, in particular the distinction between static and dynamic risk factors. Additionally, the novelty of LWOP resentencing raises further questions about the applicability of these tools to individuals who have been incarcerated for long periods of time. We address these questions, call for additional research on dynamic risk factors, and offer recommendations for professionals involved in these types of assessments.

Life-sentenced juveniles: Public perceptions of risk and need for incarceration.

Pursuant to recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016), individuals convicted of crimes committed when they were younger than 18 and for which they received mandatory life sentences are entitled to new sentencing hearings. This study examined public perceptions of such individuals (life-sentenced juveniles, or LSJs). Study participants were 663 adults (52.3% male) ages 22-71 years (M = 36.00, SD = 11.46) recruited using Amazon Mechanical Turk (MTurk). Each participant received one of a possible four vignettes about a man who was incarcerated for a crime that occurred when he was 17 years old and subsequently sentenced to mandatory life in prison following conviction. Two variables (risk of harming others if released to the community, and circumstances of the crime) were manipulated in a 2 × 2 between-subjects design. Each participant read one vignette and then answered questions relating to appropriateness for release from prison. Results indicate that risk, but not circumstances of the crime, strongly influenced participants' views regarding resentencing. When the individual in the vignette was labeled as high risk, participants described him as less appropriate for release, more deserving of punishment, needing more rehabilitation, and more appropriate for specific and general deterrence. The circumstances of the crime had no effect on participants' responses. This may be important for various reasons, as applicable law does not explicitly identify risk as a consideration in juvenile resentencing. The nonetheless noteworthy empirical influence of risk on perceptions regarding LSJs is discussed in their implications for research, policy, and practice.

Diversion at re-entry using criminogenic CBT: Review and prototypical program development.

Society and the criminal justice system prioritize the reduction of reoffending risk as part of any criminal justice intervention. The Sequential Intercept Model identifies five points of interception at which justice-involved individuals can be diverted into a more rehabilitative alternative: (1) law enforcement/emergency services; (2) booking/initial court hearings; (3) jails/courts; (4) re-entry; and (5) community corrections/community support. The present article focuses on diversion as part of Intercept 5 - re-entry planning and specialized services in the community. We describe the challenges associated with diversion at this stage, and review the relevant research. Next, we describe a "criminogenic cognitive behavioral therapy" project that has been developed and implemented as part of a federal re-entry court. Finally, we discuss the implications of the challenges of intervention at this stage, and the recently developed "Re-entry Project," for research, policy, and practice.

The Sequential Intercept Model and Juvenile Justice: Review and Prospectus.

Behavioral health needs in justice-involved adolescents are an increasing concern, as it has been estimated that two-thirds of youths in the juvenile justice system now meet the criteria for one or more psychological disorders. This article describes the application of the Sequential Intercept Model (SIM), developed to describe five "points of interception" from standard prosecution into rehabilitation-oriented alternatives for adults (Munetz & Griffin, 2006), to juvenile justice. The five SIM intercepts are: (1) first contact with law enforcement or emergency services; (2) initial hearings and detention following arrest; (3) jails and courts (including problem-solving courts); (4) re-entry from jails, prisons and forensic hospitals; and (5) community corrections and community support, including probation and parole. Modifying the SIM for application with justice-involved adolescents, this article describes three examples of interventions at different intercepts: Intercept 1 (the Philadelphia Police School Diversion Program), Intercept 3 (problem-solving courts for juveniles), and Intercept 5 (juvenile probation). Relevant research evidence for each example is reviewed, and the further application of this model to juveniles is described. Copyright © 2017 John Wiley & Sons, Ltd.

Tablet computers and forensic and correctional psychological assessment: A randomized controlled study.

Mobile computing technology presents various possibilities and challenges for psychological assessment. Within forensic and correctional psychology, assessment of justice-involved persons facilitated by such technology has not been empirically examined. Accordingly, this randomized controlled experiment involved administering questionnaires about risk-needs, treatment readiness, and computerized technology opinions to a large (N = 212) and diverse sample of individuals under custodial correctional supervision using either a tablet computer or traditional paper-and-pencil materials. Results revealed that participants in the paper-and-pencil condition completed the packet of questionnaires faster but omitted items more frequently. Older participants and those with lower levels of education tended to take longer to complete the tablet-administrated measures. The tablet format was rated as more usable irrespective of demographic and personal characteristics, and most participants across the 2 conditions indicated that they would prefer to use computerized technology to complete psychological testing. Administration format did not have a clear effect on attitudes toward correctional rehabilitation services. Noteworthy for researchers is the substantial time saved and absence of practical problems with the tablet condition. Implications for practitioners include the general usability of the devices, their appeal to incarcerated persons, and the potential for tablets to facilitate clinical and administrative tasks with corrections clients. Considering the novel nature of this study, its promising results, and its limitations, future research in this area is warranted. (PsycINFO Database Record

Donald N. Bersoff (1939-2024).

This article memorializes Donald N. Bersoff (1939-2024), who provided a foundational influence on the development of American law-psychology and served as the 2013 president of the American Psychological Association (APA). Don had a long and meaningful career as a psychologist and a lawyer. One of Don's greatest interests was in training psychologist-lawyers who would make meaningful contributions to either field. After a decade as APA general counsel, he was recruited to direct the law-psychology program at Hahnemann University and Villanova School of Law. He was elected as the president of the APA in 2013; two of the major themes of his presidency involved encouraging service to military veterans and their families, and promoting diversity within the ranks of psychology to better serve an increasingly diverse population. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Collecting informed consent with juvenile justice populations: issues and implications for research.

Researchers must provide participants with opportunities to make informed decisions about whether to participate in research studies. Investigators conducting research with youth in the juvenile justice system face unique ethical, legal, and practical challenges to obtaining informed consent. Juvenile justice researchers must navigate multiple legal and ethical standards for collecting informed consent, take into account youths' dual vulnerabilities as children and prisoners, and overcome practical limitations to obtaining parental/guardian permission. Given the challenges and complexity of obtaining standard informed consent of youth in juvenile justice facilities, this paper provides suggestions for overcoming obstacles to recruiting these youth for research participation. It offers guidance for fostering the enrollment of juvenile justice youth in research studies using procedures that comply with ethical and legal standards for research with this dually vulnerable population.

Collateral Consequences for Third-Party Interviewees in Forensic Contexts.

Collateral interviews can be an integral source of third-party information used in a range of forensic mental health assessments. Although family members and spouses often have the most knowledge about the evaluee, research suggests that they may also experience distress related to the legal proceedings. This article discusses the nature and purpose of collateral interviewing with close collateral contacts, comparing collateral interviews with direct interviews with evaluees. The secondary consequences of having a justice-involved family member are considered, including the possibility of vicarious trauma. Finally, the responsibilities of evaluators are considered, especially in the context of trauma-informed principles applied to collateral interviewing. Recommendations regarding consent, the use of empathy, and feedback to collateral are provided.

Appraising Jackson-based unrestorability to competence to stand trial: The demonstration model.

Under United States law, criminal prosecution may not proceed against a defendant who is incompetent to participate in this process. The vast majority of defendants who are adjudicated incompetent to stand trial (IST) will subsequently regain sufficient capacities to be adjudicated competent to stand trial (CST). However, a small subgroup of defendants do not show sufficient improvement in clinical functioning and functional-legal capacities to regain CST. Under Jackson v. Indiana (1972), such individuals should be adjudicated unrestorably IST, with associated actions (e.g., dropping of criminal charges, civil commitment, transfer to a less restrictive environment or released) specified under the particular jurisdictional statutes. But the present practices associated with the evaluation of unrestorability do not appear well supported by research. In particular, statutorily specified evaluative procedures are overly dependent on prediction in some instances and allow an unnecessarily long restoration period in others. In the present article, we propose and describe an alternative approach-the Demonstration Model-that would address both challenges, providing a more consistent and standard approach to assessing CST and the possibility that a defendant may not recover needed capacities within the foreseeable future. Implementation of this approach can potentially guide restoration planning and intervention, decrease unsupported reliance upon prediction in favor of observing and documenting the results of selected interventions, and provide legal decision-makers with clearer and more transparent evidence, while acknowledging the liberty interests of IST defendants set forth in Jackson. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Examining improvements in criminogenic needs: the risk reduction potential of a structured re-entry program.

The risk-need-responsivity (RNR) model describes the importance of targeting criminogenic needs through planned interventions in order to reduce the risk of future offending behavior. Although risk/needs instruments capture these dynamic risk factors and previous research has demonstrated their sensitivity to change in these domains, correctional programs may not be leveraging the full case management potential of these instruments. This study explored the potential for improvements in criminogenic needs through participation in a brief, structured re-entry program consistent with the principles of RNR. Four criminogenic needs were identified as having the potential to change during the course of this program: education/employment, family/marital, procriminal attitudes/orientation, and antisocial pattern. The results indicated that overall risk level significantly decreased during the course of the treatment program, as did risk level for each of these criminogenic needs. For three of these domains, the participants in the highest risk category experienced significant improvements, consistent with the risk principle of RNR. Implications for the interface between assessment and treatment planning are discussed.

Obstacles to research in residential juvenile justice facilities: recommendations for researchers.

Federal, state, and local initiatives to improve the treatment and outcomes for young people in the juvenile justice system prompt the need for additional research. Despite the call for empirical data, researchers encounter numerous obstacles when initiating and conducting studies in detention and post-adjudication facilities. These obstacles are often only briefly mentioned in publications, but they can interfere with researchers' desires and abilities to conduct studies in these settings. This paper reviews legal, ethical, and methodological challenges to successfully conducting research in detention and residential post-adjudication placements, including selecting and accessing appropriate facilities, obtaining institutional review board approval, seeking parental permission and youth assent, reporting child abuse and neglect, responding to participants' threats to harm self or others, working effectively with facilities, juvenile justice system-related attrition, and the dissemination of research findings. Recommendations are presented to help investigators anticipate obstacles when designing and executing research protocols to prevent interference and to encourage ethical responses and successful study completion.

Psychological Testing in Forensic Contexts Conducted Remotely.

The use of videoconferencing technology to conduct forensic psychiatric and forensic psychological evaluations remotely has grown considerably in the last decade. This commentary addresses a number of points made by Recupero regarding the use of remote technology to conduct forensic psychiatric evaluations. These points include the research supporting telepsychiatry and its generalizability to forensic assessment, the error rate associated with remote forensic assessment, and its general acceptance in the field. The commentary also considers the inclusion of psychological testing and specialized forensic measures in forensic assessment and describes criteria for considering tests and measures that can reasonably be included in a remotely conducted forensic assessment.

Psychopathic Personality in Early Childhood: A Critical Comment on Lopez-Romero et al. (2021).

A recent article published in the Journal of Personality Disorders (López-Romero et al., 2021) described the identification of "putative psychopathic personality" in a school cohort of 3-6-year-old children from Spain. This comment offers cautionary considerations of the original article on scientific grounds and critical comments on policy grounds. We caution researchers, policymakers, attorneys, judges, and the general public about the dangers of using this label given present knowledge about the antecedents, early indicators, and stability of the adult disorder of psychopathic personality when assessed in childhood.

The role of data in facilitating discussion: Reply to Jackson (2021).

A comment on the recent American Psychologist article, "In the Immediate Wake of Hoffman's Independent Review: Psychologist and General Public Perceptions" (Thornewill et al., 2020) raised concerns regarding some interpretations of the data (Jackson, 2021). In this reply, we emphasize that the primary aim of the study was to present initial data regarding a sensitive and hotly debated issue to promote more empirically based discussion and lay the groundwork for future research in this domain. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Risk communication of terrorist acts, natural disasters, and criminal violence: comparing the processes of understanding and responding.

Risk communication is an important vehicle for the scientific understanding of the perception of and response to various kinds of threats. The present study provides apparently the first empirical attempt to compare perceptions, decision-making, and anticipated action in response to threats of three kinds: natural disaster, violent crime, and terrorism. A total of 258 college undergraduates were surveyed using a vignette-based, 2 × 2 × 3 between-subjects design that systematically manipulated threat imminence (high vs. low), risk level (high vs. low), and nature of the threat (natural disaster vs. crime vs. terrorism). There were substantial differences in participants' perceptions and reported actions in response to natural disaster, relative to the other domains of risk, under conditions of high risk. The risk of natural disaster was more likely to lead participants to report that they would change their daily activities and to relocate. It was also more likely than terrorism to lead to action securing the home. It appears that the mechanisms for perception, decision-making, and action in response to threats cannot be generalized in a straightforward way across these domains of threat.

In the immediate wake of Hoffman's independent review: Psychologist and general public perceptions.

In 2015, the American Psychological Association (APA) commissioned an independent review (IR) to examine APA's potential involvement with "enhanced interrogation" procedures following the 9/11 terrorist attacks. The IR concluded that certain APA officials acted together with the Department of Defense to "align APA and curry favor with" the Department of Defense to allow the involvement of psychologists in such enhanced interrogations (Hoffman et al., 2015, p. 9). Discussion following the IR's release underscored differences in the views of psychologists regarding the IR's conclusions. Despite extensive discussion, there is only anecdotal evidence regarding the views of psychologists on many of the questions investigated in the IR. This study examined the opinions of psychologists and the public shortly after the IR's release regarding the roles of psychologists in national security interrogations and other non-treatment-focused contexts. This survey of psychologists (N = 1,146) engaged in treatment-focused and non-treatment-focused activities, and of the general public (N = 522), sheds light on the broader perceptions of the IR's conclusions, and is relevant in considering future directions for the profession. Results suggest that the public is more accepting of psychologists' involvement in national security settings, including involvement in many of the activities highlighted as problematic in the IR, than are psychologists. The perceptions of treatment-focused and non-treatment-focused psychologists regarding the appropriate roles of psychologists in national security settings did not differ significantly. These empirical data should help inform the ongoing discussion in this area. None of the authors is associated with an unequivocal position on the IR or the issues addressed as part of it. (PsycInfo Database Record (c) 2020 APA, all rights reserved).

Juvenile Justice Anger Management (JJAM) Treatment for Girls: Results of a randomized controlled trial.

This study examined the efficacy of the Juvenile Justice Anger Management (JJAM) Treatment for Girls, an anger management and aggression reduction treatment designed to meet the unique needs of adolescent girls in residential juvenile justice facilities. This randomized controlled trial of JJAM compared changes in levels of anger and aggression among girls who participated in the JJAM treatment with those of girls who participated in treatment as usual (TAU) at the facilities. This study also investigated the theoretical model underlying the JJAM treatment, which proposed that reductions in hostile attribution biases, development of emotion regulation skills, and improvement in social problem solving would serve as mechanisms of action in JJAM. Participants were 70 female youth who ranged in age from 14 to 20 years (M = 17.45, SD = 1.24) and were placed at 1 of 3 participating juvenile justice facilities; 57 youth completed the study and were included in analyses. Results revealed greater reductions in anger, reactive physical aggression, and reactive relational aggression among girls in the JJAM treatment condition when compared to girls in the TAU control condition. The proposed theoretical model was partially supported via significant mediation findings; changes in hostile attribution bias were identified as a significant mechanism of action in the JJAM treatment. Results suggest that JJAM is a promising treatment to effectively reduce anger and reactive aggression among adolescent girls in juvenile justice placements. (PsycINFO Database Record (c) 2018 APA, all rights reserved).