Forensic Psychology BPS Textbooks in Psychology BPS Wiley presents a comprehensive and authoritative series covering everything a student needs in order to complete an undergraduate degree in psychology. Refreshingly written to consider more than North American research, this series is the first to give a truly international perspective. Written by the very best names in the field, the series offers an extensive range of titles from introductory level through to final year optional modules, and every text fully complies with the BPS syllabus in the topic. No other series bears the BPS seal of approval! Many of the books are supported by a companion website, featuring additional resource materials for both instructors and students, designed to encourage critical thinking, and providing for all your course lecturing and testing needs. For other titles in this series, please go to http://psychsource.bps.org.uk. v Forensic Psychology Second Edition EdiTEd By david a. CrighTon graham J. Towl This second edition first published 2015 by the British Psychological Society and John Wiley & Sons, Ltd. © 2015 John Wiley & Sons, Ltd. Edition history: Blackwell Publishing Ltd. (1e, 2010) Registered Office John Wiley & Sons, Ltd., The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK Editorial Offices 350 Main Street, Malden, MA 02148‐5020, USA 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK For details of our global editorial offices, for customer services, and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley‐blackwell. The right of David A. Crighton and Graham J. Towl to be identified as the authors of the editorial material in this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. Limit of Liability/Disclaimer of Warranty: While the publisher and authors have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. It is sold on the understanding that the publisher is not engaged in rendering professional services and neither the publisher nor the author shall be liable for damages arising herefrom. If professional advice or other expert assistance is required, the services of a competent professional should be sought. Library of Congress Cataloging‐in‐Publication Data Forensic psychology (Towl) Forensic psychology / edited by David A. Crighton and Graham J. Towl. – 2nd edition. p. ; cm. Includes bibliographical references and index. ISBN 978-1-118-75778-9 (pbk.) I. Crighton, David A., 1964– , editor. II. Towl, Graham J., editor. III. British Psychological Society, issuing body. IV. Title. [DNLM: 1. Forensic Psychiatry–methods–Great Britain. 2. Crime–psychology–Great Britain. 3. Criminals–psychology–Great Britain. W 740] RA1148 614′.15–dc23 2014048411 A catalogue record for this book is available from the British Library. Cover image: Statue of Lady Justice with retro effect © Rob Wilson / Shutterstock Set in 11/12.5pt Dante by SPi Publisher Services, Pondicherry, India 1 2015 The British Psychological Society’s free Research Digest e‐mail service rounds up the latest research and relates it to your syllabus in a user‐friendly way. To subscribe go to www.researchdigest.org.uk or send a blank e‐mail to subscribe‐[email protected]. Contents List of Contributors xix 1 Introduction 1 Graham J. Towl and David A. Crighton Justice 2 Expert Controversies 3 Thinking about Human Rights and Ethics 4 Developmental Perspectives 5 Investigation and Prosecution Issues 8 Psychological Assessment 8 Critical Psychology 9 Substance Use 11 Early Intervention 11 Justice Restored 12 References 12 PART I InvesTIgATIve PRACTICe 15 2 The Justice System in England and Wales: A Case Study 17 David Faulkner What Justice Means 17 The Criminal Justice System 17 What is a Crime? 18 Measurement of Crime 19 The Criminal Justice Process 19 The Sentencing Framework 21 The Criminal Courts 22 Magistrates’ courts 22 Youth courts 22 The Crown Court 22 The High Court 22 The Court of Appeal (Criminal Division) 23 The Supreme Court 23 Police and Policing 23 The Crown Prosecution Service 24 Prisons and the Prison Service 24 Probation 25 Youth Justice 25 Home Office 26 Ministry of Justice 26 Law Officers 27 Other National Bodies 27 vi Contents Some Special Subjects 27 Victims of crime 27 Restorative justice 28 Race and racism 28 Conclusions 29 Notes 29 Further Reading 30 References 30 3 Offender Profiling 33 David A. Crighton Introduction 33 Historical Development 33 Approaches to Offender Profiling 35 Diagnostic evaluation 35 Criminal investigation analysis 35 Crime action profiling 35 Investigative psychology 35 Recent Developments 36 Profiling Databases 37 Child Abduction and Serial Murder Investigative Resources Center (CASMIRC) 37 Violent Criminal Apprehension Program (ViCAP) 37 Violent and Sexual Offender Register (ViSOR) 37 The Evidence Base for Profiling 37 Practice Issues 40 Conclusions 41 Notes 42 Further Reading 42 References 42 4 Eyewitness Testimony 45 Lorraine Hope Eyewitness Identification Performance 45 The Witnessed Event 46 Witness factors 46 Perpetrator factors 47 Situational factors 48 Between the Witnessed Event and Identification Task 49 Retention interval 49 Post‐event misinformation 49 Intermediate Recognition Tasks 50 Mug shots 50 Composite production 50 The identification task 50 Pre‐lineup instructions 51 Lineup composition 51 Investigator bias 51 Lineup procedure: Comparing absolute and relative judgements 52 Post‐identification feedback 52 Is confidence related to accuracy? 53 contents vii Identifications from CCTV 53 Is eyewitness identification evidence reliable? 55 Procedural Guidelines Relating to Suspect Identification in the United Kingdom 55 The Eyewitness in Court 56 Conclusions 57 Further Reading 57 References 58 5 Jury Decision‐Making 65 Andreas Kapardis Introduction: The Jury Idea 65 The Notion of an Impartial and Fair Jury: A Critical Appraisal 66 Arguments against jury trials 66 Arguments in favour of jury trials 66 Methods for Studying Juries/Jurors 67 Archival research 67 Questionnaire surveys 67 Mock juries 67 Shadow juries 68 Post‐trial juror interviews 68 Books by ex‐jurors 68 Selecting Jurors 68 Pre‐Trial Publicity 69 The reported importance of juror characteristics 69 Juror Competence 70 Comprehending evidence 70 Understanding and following the judge’s instructions/the jury charge 71 The jury foreperson 71 Jury deliberation 71 Defendant characteristics 72 Victim/plaintiff characteristics 72 Lawyer and judge characteristics 72 Hung Juries 73 Models of Jury Decision‐Making 73 Reforming the Jury to Remedy Some of its Problems 73 Alternatives to Trial by Jury 73 Conclusions 74 Notes 74 Further Reading 75 References 75 6 Assessment 81 David A. Crighton Conceptual Issues in Assessment 81 Classification 82 Dimensional approaches 83 Diagnosis and formulation 84 Assessment 84 Hypothesis formulation 84 Psychodynamic theory 85 viii Contents Cognitive behavioural theory (CBT) 86 Systemic theory 86 Social inequalities theory 87 Integrative theories 88 Data Gathering 88 Interviews 88 Psychometric assessments 89 Test theory 90 Data Analysis 90 Reliability 90 Validity 90 Criterion‐related validity 91 Content validity 91 Construct validity 91 Specificity, sensitivity and power 91 Base rates 91 Normality judgements 92 Deficit measurement 92 Single case analysis 92 Clinical Judgements and Biases 92 Conclusions 93 Notes 94 Further Reading 94 References 94 7 Risk Assessment 97 David A. Crighton Key Legal Issues 97 Key Principles in Risk Assessment 98 Approaches to risk assessment 98 Risk Assessment Instruments 100 Critical Issues in Risk Assessment 103 Acceptable risk and rare catastrophic failures 106 Conclusions 107 Notes 108 Further Reading 108 References 109 PART II WoRkIng WITh offendIng PoPuLATIons 113 8 The Developmental Evidence Base: Neurobiological Research and Forensic Applications 115 Robert A. Schug, Yu Gao, Andrea L. Glenn, Melissa Peskin, Yaling Yang and Adrian Raine The Developmental Evidence Base: Neurobiological Research 115 Genetics 116 Neuroimaging 116 Neurology 118 Neuropsychology 119 Verbal and spatial intelligence 119 Executive functioning 119 Biological versus social influences 120