Is Dr. Phil actually a psychologist?

No, actually he is not. But he does play one on TV. Had he not recently "stepped in it," most professionals would probably just think of him as an entertainer who happens to have a professional degree. Despite the uproar, he probably didn't cause himself any legal problems by visiting that hospital or by making a public statement. But he may have crossed over a line when he went on the air and explained himself.

This is the start of a thoughtful analysis by Sacramento forensic psychologist Paul Mattiuzzi that goes on to answer the following questions currently being debated in the public arena:

• What's the big deal about whether he's licensed or not?
• Is Dr. Phil going to be disciplined?
• What's probably going to happen?
• Did Dr. Phil really and intentionally mislead the public?
• Shouldn't he just do the right thing and get a license?

The essay is at the Everyday Psychology blog.

My Jan. 10 post on the Dr. Phil - Britney Spears controversy, "Dr. Phil controversy highlights public confusion over psychology," is here.

Calif. prison anti-violence program needs volunteers

This invitation comes from Dr. Jay Adams, a psychologist who is retired from the California Department of Corrections:

The Alternatives to Violence Project (AVP) began 33 years ago at a prison in New York, when a prisoner group sought help from the Quakers in how to communicate their message about the consequences of violence to youth gangs and at-risk teenagers.

Since that modest inception, AVP has expanded to offer workshops in prisons all over the United States and even internationally. Research has shown that the intervention can dramatically reduce both recidivism and prison misconduct.

AVP workshops train participants in how to lead nonviolent lives through affirmation, mutual respect, community building, cooperation and trust. AVP is based on the belief that there is a power for peace and good in everyone, and that this power can transform violence. It builds upon a spiritual base of respect and caring for self and others.

As a psychologist at the California Men’s Colony in San Luis Obispo, I was involved in the initial efforts to bring AVP into the prison. Now CMC is about to celebrate 7 years of AVP, and I have been able to participate as a facilitator since retiring from CDCR. One of the most inspiring things about this experience is to see men of different racial backgrounds share a safe space and open up to each other. Many wardens and other state officials have recognized the value of AVP, so that we are now active in 11 prisons and are being invited into more.

We want to be able to meet this need and are seeking more community volunteers. AVP is not something you study, but something you do. No need to take notes or memorize anything. You can take AVP workshops purely for your own personal growth or to become a facilitator in your community or in a California prison.

A Basic workshop is scheduled for February 22-24 from 6:00 to 9:00 p.m. in Santa Barbara, and another is planned in the Fresno area. AVP will even help you find housing if you need it.

For more information on the workshops, email Genie or call her at (805) 565-1887. The AVP/California website has more information on the program.

Notorious pedophile dies in prison

Kenneth Parnell, one of California's most infamous child molesters, died Monday night of natural causes, bringing to a close a strange and warped story in the annals of pedophilia.

I recall Parnell's trial vividly, as it was top news back in 1981, when I was a journalism student. I even wrote a term paper analyzing coverage of the case. Parnell was convicted of abducting 7-year-old Steven Stayner and keeping the boy confined for more than 7 years, until his escape in 1980.

Stayner became something of a hero for freeing Parnell’s next would-be victim, 5-year-old Timmy White. But Stayner went on to tragedy, dying in a motorcycle accident in 1989.

Stranger yet, Stayner's brother Cary Stayner went on to become a serial killer of women in Yosemite National Park; he's currently on San Quentin's Death Row.

(A little stream of consciousness here - I was just over at San Quentin this morning, and happened to observe filming of an upcoming Clint Eastwood movie, "The Changeling," about the bizarre events surrounding a man sentenced to hang for the murder-rape-kidnaps of little boys back in the 1920s. Very cool vintage taxi they had driving up and down by the main prison gate; I believe star Angelina Jolie will be riding in it in the movie, although neither she nor Eastwood were in evidence at the prison today.)

Anyway, back to the Parnell case. After serving his time, Parnell was paroled to Berkeley. A sickly and doddering 71-year-old, in 2004 he tried to buy a 4-year-old child from his caretaker for yet another round of child molestation. So much for the hope that old age and infirmity automatically preclude sexual reoffending.

"Kenneth Parnell's death brings to a close his long criminal history of victimizing young children," said Alameda County deputy district attorney Tim Wellman, who prosecuted Parnell in the 2004 case.

He died at the California Medical Facility at Vacaville after a long illness.

The Crime Library has a detailed case history; Wikipedia also has a biography.

Meanwhile, shocking revelations by Canadian pathologist

Let's turn now from the Masters to a case of expert witness malfeasance that's been sending shockwaves through the criminal justice system up in Canada. Back in November, I blogged a couple of times about forensic pathologist Charles Smith, whose decades of expert testimony for the government compounded the misery of grieving parents by sending many to prison for the accidental deaths of their children.

This week, Dr. Smith took the stand in the ongoing judicial inquiry and made a couple of shocking revelations:

1. Biased for prosecution

Most shockingly, he admitted that, far from being the neutral scientist he portrayed himself to be, he actually was biased in favor of the prosecutors who hired him.

"I honestly believed it was my role to support the Crown attorney. I was there to make a case look good," he admitted in his first day of testimony before an ongoing judicial inquiry into what went wrong in the cases.

2. "Ignorant"

Second, he admitted that he was "profoundly ignorant" of the criminal justice system. In stating this, he apologized for the "mistakes" he made during some two decades of performing child autopsies in cases of suspicious death.

3. Trained others experts

Despite now admitting to bias and ignorance, back in the day Dr. Smith lectured other doctors on how to be an expert witness in court. In court today, he was shown a speech he delivered entitled, "See You in Court: The Invitation You Can't Refuse," in which he cautioned doctors never to be an advocate for one side or the other. How's that for hypocrisy.

Among those whose lives were torn apart by Smith’s "mistakes" are several mothers who spent years in jail until the cases against them fell apart, and a man who was finally exonerated after spending more than a decade in prison for the death of his niece.

One commonality among many of the cases was the socioeconomic status of the accused, who included racial minorities, aboriginals, and single mothers. Although the adversarial system is premised on an equal fight between the accused and the government, economically disadvantages defendants do not have the wherewithal to obtain their own experts to challenge the government's experts. This is especially dangerous when the expert – as in Smith’s case - appears neutral, well qualified, and scientific.

These multiple emerging scandals - which include the Colorado case of Tim Masters, the British case of Sir Roy Meadows (who falsely accusing dozens of mothers of so-called "Munchausen's Syndrome by Proxy") and the Mississippi case of forensic odontologist Michael West - are driving home the fact that experts are not infallible and should not be accepted without skepticism.

More on the Smith hearings, including video coverage, is at the Toronto Star and the Charles Smith Blog. My prior posts on the case are here and here. My blog post on forensic odontologist Michael West (a bite-mark expert) is here.

Masters scandal highlights need for oversight of prosecutors

Revelations of official malfeasance such as occurred in the Tim Masters case cause a massive erosion of public confidence in the judicial system. The potential upside is reforms to safeguard other citizens from being similarly railroaded.

For example, "Masters is free, but justice not yet served" is the headline of a hard-hitting editorial in the Coloradoan, calling for just such reforms.

But reforms will not come easy. As a new book explains, prosecutors in the United States wield ever-growing power under new laws granting them unfettered "prosecutorial discretion" in charging and sentencing decisions.

Arbitrary Justice: The Power of the American Prosecutor is the book, authored by public defender Angela J. Davis (no, she's not the same Angela Davis you're probably thinking of).

Arbitrary Justice does two things:

• It exposes the "dangerous shift in power from judges to prosecutors" (in the words of law prof Barry Schenk of Innocence Project fame) happening in the courthouse trenches.

• It provides a detailed agenda for reforms aimed at safeguarding defendants, victims, and the public at large.

Hat tip: Corrections Sentencing. Photo is of author Angela J. Davis. See more about the book at its dedicated web site. More blog posts on the Tim Masters case are listed here.

Japanese may record police interrogations

A series of highly publicized wrongful conviction cases in the Western world has led to vigorous debate over coercive police tactics and whether all interrogations should be recorded. Now, with its own recent revelations of coerced confessions, the Japanese criminal justice system is confronting the same issues.

The debate in Japan centers around next year's introduction of a lay-judge system, in which citizens will begin serving in juror-like capacities for the first time. The new system will require police to present to these non-professionals what suspects said during police questioning.

The Supreme Court, the Japan Federation of Bar Associations, the Justice Ministry and the Supreme Public Prosecutors Office have set up a panel to discuss filming interrogations, with the bar federation demanding the introduction of cameras.

The full story is in today’s Daily Yomiuri online.