{"title":"Exploring how attorneys address grooming in criminal trials of child sexual abuse","authors":"Emily Denne, Stacia N. Stolzenberg","doi":"10.1002/bsl.2637","DOIUrl":"10.1002/bsl.2637","url":null,"abstract":"<p>Grooming is a common tactic among perpetrators of child sexual abuse (CSA). It is important that grooming is addressed in court to explain the unintuitive ways a child may act when they have been victims of abuse. The present study draws upon 134 transcripts of CSA criminal trials to establish how attorneys talk about grooming in court. Only 1.8% of attorney's questions addressed grooming behaviors. The majority of these focusing on exposure to pornography (27%) or boundary pushing (19%). Invitations elicited the most productive reports of grooming from children. There was a statistically significant difference in the proportion with which defense and prosecuting attorney's raised grooming issues, with prosecutors raising grooming issues more often than defense attorneys. We suggest that attorneys consider devoting proportionally more time to addressing grooming in court, to help jurors demystify common myths surrounding CSA.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 6","pages":"488-503"},"PeriodicalIF":1.4,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2637","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138300261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Neuroethics and neurolaw in forensic neuropsychiatry: A guide for clinicians","authors":"Neil Krishan Aggarwal, Abhishek Jain","doi":"10.1002/bsl.2638","DOIUrl":"10.1002/bsl.2638","url":null,"abstract":"<p>As neuroscience technologies develop, ethical and legal questions arise regarding their use and societal impact. Neuroethics and neurolaw are growing interdisciplinary fields that address these questions. This review article presents the research agenda of both areas, examines the use and admissibility of neuroscience in expert testimony and legal settings, and discusses ethical issues related to forensic neuropsychiatrists claiming expertise in neuroscience, formulating medical opinions based on neuroscience, and considering its relevance to criminal responsibility. Forensic neuropsychiatrists should be aware of emerging neuroscientific evidence, its utility and limits in rendering diagnoses and explaining behavior, and, before seeking such evidence for legal purposes, its availability and admissibility. When testifying in matters involving neuroscientific evidence, ensuring truthfulness and balance, having sufficient and validated knowledge (including openness with confirming and disconfirming evidence), understanding standards of practice, and drawing relevant and appropriate conclusions remain important.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 1","pages":"11-19"},"PeriodicalIF":1.4,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138177507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mental health criminal defenses in persons with neuropsychiatric disorders","authors":"Richard L. Frierson, Kaustubh G. Joshi","doi":"10.1002/bsl.2635","DOIUrl":"10.1002/bsl.2635","url":null,"abstract":"<p>Persons with neuropsychiatric disorders present specific and unique challenges for forensic experts and defense attorneys in the criminal justice system. This article reviews two potential criminal defenses: legal insanity and the various legal standards or tests of criminal responsibility that are used in jurisdictions throughout the United States (i.e., the M’Naghten standard and the American Law Institute's Model Penal Code), and the partial legal defense of diminished capacity (lacking the mental state necessary to be found guilty of a specific intent crime). The process of evaluating criminal responsibility or diminished capacity is also presented with a specific emphasis on common issues that arise in evaluating defendants with Intellectual Developmental Disorder (Intellectual Disability), Parasomnias, Seizure Disorders, and Neurocognitive Disorders.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"42 1","pages":"1-10"},"PeriodicalIF":1.4,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134650170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Life or death: A qualitative examination of mitigating and aggravating evidence presented in capital trials","authors":"Lisa Bell Holleran","doi":"10.1002/bsl.2633","DOIUrl":"10.1002/bsl.2633","url":null,"abstract":"<p>The US Supreme Court has required that death penalty procedures narrow the class of persons eligible for a death sentence. Through the selection requirement, juries must use mitigating and aggravating evidence jointly to determine if a defendant is one of the worst of the worst, resulting in a sentence of life without parole or death. This study analyzed capital trial transcripts from the punishment phase to assess the type and amount of mitigating and aggravating evidence presented to jurors in cases resulting in life without parole and death. The main assumption of the research was that cases resulting in life without the possibility of parole (LWOP) would reveal patterns in the types of evidence presented and differing patterns in cases where the jury handed down a sentence of death. The study qualitatively examined the trial transcripts from the punishment phase of 18 capital murders (nine resulting in LWOP and nine in death). The extra-legal factors from each LWOP case were matched to a death case to eliminate sentencing discrepancies based on jurisdiction, race of defendant or victim, aggravator, age etc. The results found no consistent patterns of evidence presented in cases resulting life without parole and some relevant patterns in sentences resulting in death.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 6","pages":"463-487"},"PeriodicalIF":1.4,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41216157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Introduction to special issue on advances in forensic mental health assessment","authors":"Wade C. Myers, Alan R. Felthous","doi":"10.1002/bsl.2624","DOIUrl":"10.1002/bsl.2624","url":null,"abstract":"","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 5","pages":"225-230"},"PeriodicalIF":1.4,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9424650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Madison F. E. Almond, Tonia L. Nicholls, Karen L. Petersen, Michael C. Seto, Anne G. Crocker
{"title":"Exploring the nature and prevalence of targeted violence perpetrated by persons found not criminally responsible on account of mental disorder","authors":"Madison F. E. Almond, Tonia L. Nicholls, Karen L. Petersen, Michael C. Seto, Anne G. Crocker","doi":"10.1002/bsl.2626","DOIUrl":"10.1002/bsl.2626","url":null,"abstract":"<p>Although mental illness has a demonstrated link with violence, the prevalence of targeted (planned and goal-directed) violence perpetrated by individuals with mental illness and its association with psychiatric symptoms is relatively unexplored. File information was compared for all 293 individuals found not criminally responsible due to mental illness in British Columbia between 2001 and 2005, of whom 19% had committed targeted violence. Most individuals with targeted offenses displayed at least one warning behavior before their offense (93%); all displayed delusions and approximately one third exhibited hallucinations. Compared to individuals who perpetrated non-targeted offenses, the individuals with targeted offenses displayed greater proportions of threats/criminal harassment, had female victims, displayed a psychotic disorder and/or personality disorder, and displayed delusions during the offense. This implies that severe psychiatric disorders do not preclude the perpetration of planned violence and suggests that exploring symptoms of mental illness that may be proximally indicative of targeted violence is important in preventing future acts.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 2-3","pages":"124-140"},"PeriodicalIF":1.4,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2626","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9625302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja
{"title":"Relations between peer influence, perceived costs versus benefits, and sexual offending among adolescents aware of sex offender registration risk","authors":"Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja","doi":"10.1002/bsl.2625","DOIUrl":"10.1002/bsl.2625","url":null,"abstract":"<p>A policy's general deterrent effect requires would-be offenders to be aware of the policy, yet many adolescents do not know they could be registered as sex offenders, and even adolescents who do know may still commit registerable sexual offenses. We tested whether peer influences shape the perceived costs/benefits of certain sexual offenses and, subsequently, registration policy's general deterrent potential in a sample of policy-aware adolescents. The more adolescents believed their peers approve of sexting of nude images, the more likely they were to have sexted. For forcible touching, having more positive peer expectations about sex and perceiving forcible touching as more prevalent among peers related to adolescents' likelihood of engaging in that behavior. Perceiving registration as a possible consequence was unrelated to sexual offending. Findings highlight the nuanced roles peers play in adolescent sexual decision-making and support emerging evidence that juvenile registration policy has limited general deterrent efficacy.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 2-3","pages":"109-123"},"PeriodicalIF":1.4,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9624825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"DSM-5-TR diagnosis as a guide to suicide risk assessment","authors":"Alan R. Felthous, Neha Kulkarni, Catalina Belean","doi":"10.1002/bsl.2617","DOIUrl":"10.1002/bsl.2617","url":null,"abstract":"<p>A specific mental disorder can itself constitute a risk factor for a completed suicide. Even more important, the disorder is typically a modifiable risk factor which informs its own treatment. Recent editions of the DSM have included “suicide subsections” for specific mental disorders and conditions in which the risks of suicidal thoughts and behaviors for the disorder are noted in the literature. The DSM-5-TR can therefore serve as a compendium to be referred to for initial guidance as to whether a specific disorder could contribute to the risk. Adding completed suicides and suicide attempts, also addressed in these subsections, the sections were examined individually for the four parameters of suicidality. Accordingly, the four parameters of suicidality examined here are: suicide, suicidal thoughts, suicidal behavior, and suicide attempts. After providing interpretive comments for each, the parameters for all disorders with a suicide subsection were tabulated for ease of reference. Because specific medical disorders are also associated with elevated rates of suicide, these disorders and the supporting research are tabulated and briefly acknowledged. Allowing for the limitations of the suicide subsections and their analysis, this exegesis is proposed to contribute to training in risk assessment for forensic psychiatry and psychology fellows and to highlight the potential referential value of the DSM-5-TR's suicide subsections for clinical practitioners and those who pursue research on suicide.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 5","pages":"373-396"},"PeriodicalIF":1.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9413997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ruling out feigned crime-related amnesia? A response to Acklin (2022)","authors":"Steven James Rubenzer","doi":"10.1002/bsl.2623","DOIUrl":"10.1002/bsl.2623","url":null,"abstract":"<p>In a recent paper, Acklin discussed a case of possible amnesia for a murder in terms of neurobiology, psychoanalysis, and personality assessment. Acklin accepted the defendant's claim of amnesia for the crime as genuine. The considerable literature that takes a skeptical view of crime-related amnesia was not cited, and the possibility of feigning or malingering was “ruled out” with a single sentence that does not withstand scrutiny. A review of the literature on feigned amnesia suggests that it may not be possible to rule out malingering even if the best available tools are used: There has been minimal investigation of most validity tests and estimates of base rates of feigned amnesia for a crime vary widely and make estimates of Negative Predictor Power highly unreliable. Although one cannot know from the information presented if Acklin's defendant legitimately experienced amnesia, feigning could not be ruled out using an interview and the test data cited by Acklin. I call for a moratorium on publication of further articles on crime specific amnesia that do not conscientiously examine other potential explanations and do not use current best practices for assessing negative response bias.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 4","pages":"207-223"},"PeriodicalIF":1.4,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9916767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Daniel C. Murrie, W. Neil Gowensmith, Lauren E. Kois, Ira K. Packer
{"title":"Evaluations of competence to stand trial are evolving amid a national “competency crisis”","authors":"Daniel C. Murrie, W. Neil Gowensmith, Lauren E. Kois, Ira K. Packer","doi":"10.1002/bsl.2620","DOIUrl":"10.1002/bsl.2620","url":null,"abstract":"<p>Across the United States, court orders for competence to stand trial (CST) evaluations and competence restoration services have been increasing much more rapidly than states can provide these services, prompting what has been called a national “competency crisis.” The challenge in providing timely competence restoration services has, in several jurisdictions, prompted a change in competence evaluations. Evaluators are more often required to address broader clinical issues—such as recommending placement or addressing the urgency of hospitalization—rather than addressing <i>only</i> CST. This marks an evolving practice in forensic evaluation, which moves evaluators beyond the very narrow forensic question of competence and into more traditionally clinical recommendations. We describe several state examples of changing practice in order to highlight the initial barriers, and potential benefits, to addressing additional clinical issues in competence evaluations, amid a national competence crisis.</p>","PeriodicalId":47926,"journal":{"name":"Behavioral Sciences & the Law","volume":"41 5","pages":"310-325"},"PeriodicalIF":1.4,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/bsl.2620","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9663379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}