Psycholegal Issues Research Articles

On the Assessment of Children in Suspected Child Sexual Abuse in Light of Daubert and Frye: Limitations of Profiles and Interviews as Scientifically Grounded Evidence

Practice with children and families entails the higher probability of encountering forensic issues of child sexual abuse (CSA) assessments for which relatively few psychologists, allied mental health and legal practitioners are sufficiently well equipped. The current paper reviews some of the key psycholegal issues bearing on the assessment of suspected CSA in the contexts of: (a) recent psycholegal precedence and common law rules of reliability and admissibility of CSA profile evidence; (b) the empirical problems with CSA syndromes; and (c) the problems with children's interviews as evidence, and suggestions for valid interviewing guidelines supporting free recall. These psycholegal issues are presented in terms of the Frye standard for expert testimony and the Federal Rules of Evidence, with recent American and Canadian case illustrations, such as Daubert v. Merrell Dow Pharmaceuticals, Hadden v. State of Florida (1997), Bighead v. The United States of America (1997), Diocese of Winona v. Interstate Fire & Cas. Co. (1994), and R. v. Simpson (1996).

Assessment of malingering with simulation designs: threats to external validity.

Comprehensive forensic evaluations are predicated on the accurate appraisal of response styles that may affect evaluatees' clinical presentation and experts' conclusions associated with psycholegal issues. In the assessment of malingering, forensic experts often rely heavily on standardized measures that have been validated exclusively via analogue research. While such research augments internal validity, the threats to external validity are readily apparent. As the first study of these threats, type of incentive (positive versus negative), context (a familiar versus unfamiliar scenario), and relevance to the participants was investigated systematically with a between-subjects factorial design. A sample of 231 undergraduates was asked to either (a) feign major depression and given an easily understood description of this disorder or (b) serve as controls responding honestly. They were administered a brief measure of psychopathology (Hopkins Symptom Checklist; Derogatis, Lipman, Rickels, Uhlenhuth, & Covi, 1974) and a recent screen for malingering (Screening Inventory of Malingered Symptoms or SIMS; Smith, 1992) in 1 of 18 experimental conditions. Results suggested that incentive had a main effect on the SIMS. More specifically, simulators under negative incentives appeared more focused in their feigning; they produced more bogus depressed symptoms, but fewer symptoms unrelated to depression. Interactions were also observed between context and incentive, and context and relevance. Implications of these results are explored for both analogue research on malingering and current forensic practice.

The U.N. Convention on the Rights of the Child: Its Relevance for Social Scientists

The U.N. Convention on the Rights of the Child: Its Relevance for Social Scientists

Psycholegal process and issues in international adoption

Abstract International adoption is a process that transports and incorporates children cross-racially and cross-culturally into US families. This article examines related psychological issues from the adoptees' perspective and legal aspects from the parents' perspective. Although outcome research on international placements has generally shown positive results, attention needs to be given to the life process of the adoptees at different developmental phases of their experience.

Psycholegal issues in child sexual abuse evaluations: A survey of forensic mental health professionals

Mental health professionals play a significant role in assessment, rendering expert opinions, and making dispositional recommendations in cases involving allegations of child sexual abuse. Although there have been recent efforts to develop guidelines for practice, little is known about how evaluators actually prefer to proceed in such evaluations, or whether there is consensus with respect to how to proceed. In this study, a sample of Massachusetts child forensic mental health professionals who specialize in conducting evaluations of children in cases involving allegations of sexual abuse were surveyed to assess their normative evaluation and testimony practices with respect to information gathered during clinical interviews and psychosocial assessment of the child. The survey assessed evaluators': (a) opinions; (b) reasons for opinions; and (c) typical practices concerning psycholegal issues associated with child sexual abuse evaluations. Survey questions covered three topics: (a) the evaluation process and methods; (b) the limits of expert opinions and testimony; and (c) child advocacy. Results of the survey are presented, and implications for child forensic practice are discussed.

Using Feature Films as Tools for Analysis in a Psychology and Law Course

Two types of in-class discussions using feature films to stimulate discussion in a law and psychology course are described. In the first discussion, students identify legal doctrines and research findings relevant to the films, and they critique the accuracy of the films' representation of this material. The second discussion requires students to analyze the psycholegal issues the films evoke, critique the films' presentation of the issues, and evaluate their impact on the students' own positions. Participation in the discussions is intended to increase active learning and improve critical thinking. Using films may also improve students' perspective-taking skills. The subjectivity of films is one source of their attractiveness as teaching tools, but it also poses some educational risks.

Psycholegal issues in sibling bone marrow donation.

The only hope of survival for children with a number of life-threatening illnesses is a successful bone marrow transplant (BMT). Unlike the treatment source for most therapies, the raw material for transplant therapy comes from a human being. Although many BMTs are autologous, utilizing the patient's own bone marrow, a large percentage of childhood BMTs rely on bone marrow from children or adolescents who are biological siblings to the sick child. Medical and legal systems are confronted with a dilemma when healthy children are needed to undergo minimally risky, yet somewhat painful, procedures for the benefit of their critically ill siblings. This article reviews legal issues involved in sibling bone marrow donation and psychological research that is relevant to those issues. The article concludes with proposed directions for future psycholegal research and a discussion of ethical issues that are not amenable to empirical investigation.

Confidentiality Dilemmas in Group Psychotherapy

This article examines how 100 experienced group psychotherapists report that they would manage problematic ethical incidents related to confidentiality. Findings suggest a relation between therapist gender, office location (private practice, public outpatient, hospital), degree of societal threat explicit in the incident (e.g., threats ofphysical endangerment), and management strategies. There is also some indication that psychoanalytically oriented group therapists are less likely than non-analytically oriented clinicians to contact authorities when confronted with psycholegal issues. Limitations in the study and directions for future research are discussed.

Psycholegal issues in juveniles’ competency to waive their rights

Abstract While there has been a recognition of “special problems”; with waivers of rights by juvenile respondents, the courts have generally not presumed juveniles to be incompetent to waive rights. Psychological research suggests that many juveniles do not comprehend the applications of their rights and the advocacy role of their attorneys. The legal and psychological literatures are discussed in terms of their implications for forensic evaluations of juveniles.