September 29, 2014

Upcoming forensic psychology trainings in Australia

I will be traveling to Australia next month to give a series of trainings, seminars and keynote addresses at Bond University on the Gold Coast (where I am a visiting research scholar), in Brisbane, and at the University of New South Wales in Sydney. Here are descriptions and dates, in case you are nearby and interested in attending. For further information, click on any of the links below. I look forward to seeing some of you there.

* * * * *

SOCIAL MEDIA FOR FORENSIC PSYCHOLOGISTS

This half-day training workshop will be offered twice:
A related talk on forensic psychologists and social media will be given at Bond University on Wednesday, Oct. 22.

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JOURNEY TO FORENSIC PSYCHOLOGY: FINDING ONE'S PROFESSIONAL NICHE

This career talk for students and faculty will be held at Bond University in Robina, Tuesday, Oct. 21.

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FORENSIC PSYCHOLOGY AND GLOBAL CONTAINMENT: CRITICAL REFLECTIONS ON THE IDEOLOGY OF RISK

This keynote talk will be offered twice:

September 15, 2014

Forensic psychology: Is it the career for me?


I get many emails and phone calls from students interested in pursuing forensic psychology as a career. There is surprisingly little information available online to answer these students' questions. So, by popular demand, I have revised my 2007 overview in order to provide more current guidance, especially tailored toward frequently-asked student questions. You may also want to review the comments sections of my original essay, which is posted at each of my two professional blogs (HERE and HERE).

First off, what is a forensic psychologist?



Forensic psychologists are most commonly licensed psychologists who specialize in applying psychological knowledge to legal matters, both in the criminal and civil arenas. They hold graduate degrees in psychology, most often a PhD or a PsyD.

Forensic psychology is a subdiscipline of psychology. It has its own professional organizations, training programs, and research journals. Forensic psychologists are found in academia, public service, and the private sector.

Forensic psychologists assist in a wide variety of legal matters, including:
  • mental state examinations of criminal defendants (insanity, competency to stand trial, etc.) 
  • child custody/family law 
  • violence risk assessment 
  • civil law (personal injury cases) 
  • social science research (e.g., explaining a scholarly topic such as memory research to a jury) 
  • mediation/dispute resolution
  • jury selection 
  • ... and many more

What is the state of the field?


Forensic psychology is a rapidly growing discipline. The last time I checked, the American Psychology-Law Society had about 3,000 members, and it continues to grow. Its exponential growth is driven by a couple of factors. Many clinical psychologists have turned to forensic work to escape the confines of managed care. And students are attracted by our culture's obsession with all things criminal (as well as fictional depictions such as in the TV show Criminal Minds).

The growth of forensic psychology is not without controversy. Some accuse forensic psychologists of being hired guns who can be paid to parrot a certain opinion. Recent court decisions are causing increasing scientific scrutiny of psychological evidence. This in turn is leading to the development of increasingly rigorous training programs, instruments, and procedures that will allow us to withstand such adversarial scrutiny.

In the long run, well-trained forensic psychologists will likely fare well in the increasingly skeptical and demanding marketplace of the future.

What skills must a forensic psychologist have?


Forensic psychologists are psychological scientists. We compare data from multiple sources in order to test alternative hypotheses. The emphasis is on written reports and court testimony that are scientifically valid and can withstand scrutiny in the adversarial environment of the courtroom. A good forensic psychology combines a strong science background with solid investigatory skills.

Becoming a successful forensic psychologist requires, at minimum, the following:

  • solid clinical psychology training and experience 
  • firm grounding in scientific theory and empirical research (understanding of scientific validity, research design, statistics, and testing) 
  • critical thinking skills 
  • thorough knowledge of social and cultural issues 
  • legal knowledge (including mental health law, case law, and courtroom procedures) 
  • excellent writing skills 
  • strong oral presentation skills 
  • ability to maintain one's composure under stress

Can I pursue forensic psychology as an undergraduate major?


I get a lot of queries from high school students who have searched high and low for forensic psychology undergraduate programs, and come up empty. That is because forensic psychology is only rarely offered as an undergraduate major. The specialization process begins much later – in graduate school or beyond.

High school students interested in forensic psychology may choose to major in psychology in college. However, even this is not a requirement. Some professionals and educators even advocate that you major in something other than psychology, in order to get a more well-rounded education.  (I myself majored in journalism, and worked in that field before deciding to become a psychologist. I didn't take one single psychology course in college.)

Forensic psychology is a postdoctoral specialization. That means that a student first obtains a doctoral degree (PhD or PsyD) in clinical psychology, and then pursues a postdoctoral specialization in forensics. 

Must I earn a doctoral degree to become a forensic psychologist?


With the meteoric rise in popularity of forensic psychology, for-profit educational institutions are rushing to cash in. Distance-learning options have sprouted up like mushrooms after a heavy rain. So too, terminal master's programs are an increasingly popular option – requiring only one or two years of postgraduate education in lieu of the traditional four or more.

Master's level degrees may ultimately be a case of false advertising. Master's level clinicians will probably have trouble competing in a field dominated by professionals with more advanced degrees. As I wrote in a 2009 essay that was critical of this trend, "Would you trust a 'master's level dentist' to pull your tooth? Or a 'bachelor's level attorney' to defend you in court?" I predict that, at least in the near term, these clinicians will be restricted to lower-level occupations in the prison-industrial complex.

A growing number of graduate schools are also bucking the postdoctoral tradition by adding forensic tracks, so that students can begin their forensic specialization during graduate school.

A few programs also offer dual, or joint, graduate degrees in psychology and law. Finally, some law schools offer a scaled-down, one-year Master of Legal Studies degree. Having a dual degree may make one more competitive, but for most practitioners it is not realistic or cost-effective.

Despite the field's rapid growth, there is still no universal consensus as to what training models and curricula are adequate in order to prepare students for real-world forensic practice. With that in mind, David DeMatteo of Drexel University and colleagues have proposed a set of core competencies for doctoral-level forensic psychology training curricula. At minimum, they say, students should get training and experience in the traditional areas of substantive psychology and research methodology, along with specialized advanced training in:

  • Legal knowledge 
  • Integrative law-psychology knowledge 
  • Ethics and professional issues in forensic psychology 
  • Clinical forensic psychology

Alas, in reviewing the curricula for the roughly 35 doctoral or joint-degree programs with training in forensic psychology, DeMatteo and his colleagues found only three programs that included all four components. For example, only about 40% offered courses falling under "legal knowledge." More alarmingly, only three programs reported offering courses specifically addressing ethical and professional issues in forensic psychology.

After my graduate degree, what's next?


Once an aspiring forensic psychologist obtains his or her graduate degree, it is time for the real training to begin. You must obtain a minimum number of hours of postdoctoral training before you can apply for a license to practice independently. (The exact training requirements vary by state.)

There are still only a handful of formal postdoctoral fellowship programs in the United States. These rigorous programs are aimed at training future leaders in the field. They are quite small and selective, typically accepting only one to two candidates per year.

The American Psychology-Law Society's resource directory of these postdoctoral fellowship programs is HERE

What tips do you have for trainees?


Becoming successful in this field is not easy. However, for those with the energy, stamina and critical thinking skills, it can be a rewarding occupation. A few tips:

  • Apply for forensic-related internships, such as at forensic hospitals, correctional facilities, and community mental health settings. 
  • Tailor your doctoral dissertation to a psychology-law topic in your area of professional interests. 
  • Become a student member of the American Psychology-Law Society, an interdisciplinary organization devoted to scholarship, practice, and public service in psychology and law. 
  • Stay current by regularly browsing the leading journals in the field, among them Law and Human Behavior, Behavioral Sciences and the Law, and Psychology, Public Policy, and Law
  • Last but not least, take time to experience life. Study abroad, volunteer in your local community, do anything to broaden the life experiences that you will bring to the field.

What about criminal profiling?


One of students’ biggest misconceptions about forensic psychology is that we do criminal profiling. This mythology comes directly from movies and TV shows such as Silence of the Lambs (among my least favorite movies ever!), Criminal Minds, and The Profiler.

In reality, most law enforcement agencies do not regularly use criminal profiling methods. When they do, they typically employ profilers with extensive backgrounds in law enforcement rather than in psychology. Perhaps more importantly, many scholars dispute that profiling even qualifies as a valid scientific method meriting inclusion in the behavioral sciences.

So, if your primary interest is in criminal profiling, the field of forensic psychology may not be for you.

Can I have an interview?


Some teachers – at the high school, college and even graduate levels – assign their students to conduct interviews with practitioners. I can't tell you how annoying it is to be constantly interrupted by students calling and emailing to request one-on-one interviews. If I granted all of these requests, I wouldn't have time to do anything else!

Instead, I hope this essay serves as my contribution. For more on me, feel free to browse my professional website -- which has additional resources -- or read my professional profile in Cengage Learning's 2012 Forensic Science textbook.

Further resources


The original version of this essay, "What's it take to become a forensic psychologist," was posted on my In the News blog on Sept. 19, 2007, and on my Psychology Today blog, Witness, on Oct. 27, 2010. Click on those links to browse additional Q&A in their Comments sections.

Information from the American Psychology-Law Society, including a guide to graduate training programs in forensic psychology and legal psychology, is HERE.

Should forensic psychologists have minimal training? (my 2009 essay on master's level training programs)

"Educational and training models in forensic psychology," by David DeMatteo, Geoffrey Marczyk, Daniel Krauss and Jeffrey Burl, Training and Education in Professional Psychology, Vol 3(3), Aug 2009, 184-191. doi: 10.1037/a0014582

"Raising the bar: The case for doctoral training in forensic psychology," by Carl B. Clements and Emily E. Wakeman, Journal of Forensic Psychology Practice, Vol. 7 Number 2, 2007

"The time is now: The emerging need for master's-level training in forensic psychology," by Matt Zaitchik, Garrett Berman, Don Whitworth and Judith Platania, Journal of Forensic Psychology Practice, Vol. 7 Number 2, 2007

The Minority Affairs Committee of AP-LS has created a dedicated YouTube channel with about a dozen innovative videos on various aspects of psychology-law and education in the field


(c) Copyright Karen Franklin 2014 - All rights reserved

September 4, 2014

More studies finding bias in PCL-R measurement of psychopathy

I've been reporting for quite some time about problems with the reliability and validity of the Psychopathy Checklist (PCL-R), a popular instrument for measuring psychopathy in forensic settings. It is a critical issue in forensic psychology, because of the massively prejudicial nature of the term "psychopath." Once a judge or jury hears that term, pretty much everything else sounds like "blah blah blah."

Now, the journal Law and Human Behavior has published two new studies -- one from the U.S. and the other from Sweden -- adding to the ever-more-persuasive line of research on PCL-R rater bias. It's high time for a critical examination of whether the PCL-R belongs in court, but I doubt that will happen anytime soon because of its efficacy for obtaining desired results. At the bottom of each abstract, I've provided contact information so that you can request the full articles from the authors.

* * * * * 

Field Reliability of the Psychopathy Checklist-Revised Among Life Sentenced Prisoners in Sweden

Joakim Sturup, John F. Edens, Karolina Sörman, Daniel Karlberg, Björn Fredriksson and Marianne Kristiansson Law and Human Behavior 2014, Vol. 38, No. 4, 315-324

ABSTRACT: Although typically described as reliable and valid, the Psychopathy Checklist-Revised (PCL-R) has come under some criticism by researchers in the last half-decade due to evidence of poor interrater reliability and adversarial allegiance being reported in applied settings in North America. This study examines the field reliability of the PCL-R using a naturalistic test–retest design among a sample of Swedish life sentenced prisoners (N 27) who had repeatedly been assessed as part of their application to receive a reduced prison term. The prisoners, who were assessed by a team of forensic evaluators retained by an independent government authority, had spent on average 14 years in prison with a mean time from Assessment 1 to Assessment 2 of 2.33 years. The overall reliability of the PCL-R (ICCA1) was .70 for the total score and .62 and .76 for Factor 1 and 2 scores, respectively. Facet 1–3 scores ranged from .54 to .60, whereas Facet 4 was much higher (.90). Reliability of individual items was quite variable, ranging from .23 to .80. In terms of potential causes of unreliability, both high and low PCL-R scores at the initial assessment tended to regress toward the mean at the time of the second evaluation. Our results are in line with previous research demonstrating concerns regarding the reliability of the PCL-R within judicial settings, even among independent evaluation teams not retained by a particular side in a case. Collectively, these findings question whether the interpersonal (Facet 1) and affective (Facet 2) features tapped by the PCL-R are reliable enough to justify their use in legal proceedings.

Request a copy from the author. 
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Evaluator Differences in Psychopathy Checklist-Revised Factor and Facet Scores 

Marcus T. Boccaccini, Daniel C. Murrie, Katrina A. Rufino and Brett O. Gardner Law and Human Behavior 2014, Vol. 38, No. 4, 337-345

ABSTRACT: Recent research suggests that the reliability of some measures used in forensic assessments—such as Hare’s (2003) Psychopathy Checklist-Revised (PCL-R)—tends to be weaker when applied in the field, as compared with formal research studies. Specifically, some of the score variability in the field is attributable to evaluators themselves, rather than the offenders they evaluate. We studied evaluator differences in PCL-R scoring among 558 offenders (14 evaluators) and found evidence of large evaluator differences in scoring for each PCL-R factor and facet, even after controlling for offenders’ self-reported antisocial traits. There was less evidence of evaluator differences when we limited analyses to the 11 evaluators who reported having completed a PCL-R training workshop. Findings provide indirect but positive support for the benefits of PCL-R training, but also suggest that evaluator differences may be evident to some extent in many field settings, even among trained evaluators.

Request from author.

More of my coverage of the PCL-R is available HERE. An NPR series on the controversy -- including an essay by me -- is HERE.

Hat tip: Brian Abbott

August 26, 2014

Patience is no virtue on MSOP injustice

A federal judge seems willing to give the state more time. There's scant evidence it will be used well.


Guest essay by D. J. Tice, Minnesota Star Tribune*

For many years, critics of the Minnesota Sex Offender Program have worried that this state may be guilty of cruel injustices.

They’ve worried that Minnesota’s sweeping, inconsistent system for dumping sex offenders who have completed prison sentences into so-called “treatment centers” may be imposing retroactive life sentences on some “clients” who pose no serious threat to the public, while giving them no effective treatment.

As of this summer, this is no longer a worry.

Now it’s a fact.

It took experts appointed by a federal court about two months to find what Minnesota officialdom has been unable to find in two decades — people buried alive in MSOP who have no earthly business there and should be released or transferred to another program.

And they’ve barely begun to look.

Unfortunately, a combination of legal complexities and deference toward state officials has caused even U.S. District Judge Donovan Frank to let injustice continue awhile longer. Earlier this month,Frank declined to release or transfer the MSOP inmates his experts had asked him to liberate. Instead, he ordered an expedited trial of class-action claims that the entire MSOP program is unconstitutional.

About 20 states have “civil commitment” programs like Minnesota’s. Most were enacted in the crime-plagued early 1990s out of legitimate fears that some habitual sex offenders are too dangerous to be released. But many of the other states with such programs regularly review clients’ cases and have developed less-restrictive forms of supervision for offenders who are less dangerous or are making progress in treatment.

In Minnesota, attempts to contain or reform MSOP have repeatedly become politicized. The result is that the state boasts the largest per-capita population of committed offenders in the nation (nearly 700, costing about $120,000 a year each), in a program offering nothing but prison-like incarceration and no serious path toward success in treatment and release. Just two clients have emerged in the program’s whole history.

Only last winter, Gov. Mark Dayton released a letter to his Department of Human Services, which runs MSOP, noting that he likes the program just fine the way it is and ordering the department to abandon its efforts to move some clients toward release. He cited “gamesmanship” by his political opponents as the reason.

Judge Frank seems rather less sanguine about MSOP. In February, as part of the class-action suit challenging the program’s constitutionality, he put four experts to work examining MSOP — including a sample of individual client files. They quickly brought forward two cases they wanted the judge to see right away.

One involves 24-year-old Eric Terhaar, who has been in MSOP for five years on the basis of offenses committed before he was 15. Insisting that a juvenile record of this kind should be viewed differently than adult sex crimes, the court experts unanimously insisted that “there is little evidence to suggest that Mr. Terhaar is a dangerous sexual offender … .” He should be “unconditionally discharged,” they said.

The other case brought to the judge is that of Rhonda Bailey, 48, locked inside MSOP since 1993 as the program’s only woman. Suffering an “intellectual disability,” a deeply troubled victim of abuse and trauma since childhood, Bailey, the judge wrote, is being “housed on the St. Peter campus of MSOP as the only female on a unit of all male high risk sexual offenders.”

The court’s experts, unanimously, have “exceptionally grave concerns” about Bailey’s “current housing and treatment scenario.” They declare her situation “unprecedented in contemporary sexual offender treatment and management … .”

This “unprecedented” achievement isn’t the sort of distinction Minnesota usually boasts of. The experts have a notion that Bailey, while clearly needing treatment and supervision, might do better in “a facility where she can receive care and treatment that is sensitive to both her gender and her clinical presentation.”

Suddenly, the state seems to think so, too. Confronted with the Bailey and Terhaar cases in hearings before Frank this summer, state officials are now apparently scrambling to find an alternative treatment setting for Bailey and to move Terhaar toward provisional release. (It’s also worth noting that lately state courts have been scrutinizing MSOP commitments more rigorously.)

For now, Judge Frank seems willing to be patient while the state’s processes unfold. On Aug. 11, he declined to find continued confinement of Terhaar and Bailey unconstitutional, but said he would revisit the questions if the state’s efforts prove inadequate.

Meanwhile, Frank wants to get on with the trial in the broader class-action case. Last week, he set Feb. 9 as the trial date.

“It is obvious,” Frank wrote in his Aug. 11 order, “that but for this litigation, Terhaar … would likely have languished for years in the prison-like environment of MSOP-Moose Lake without any realistic hope of gaining his freedom. And of course it is of great concern to the Court that this may not be an aberrant case [but] symptomatic of a larger systemic problem. … This concern is heightened by the experts’ opinion about the grossly inadequate — even shocking — treatment of Bailey … .”

There is as yet no explanation, the judge wrote, of “how this troubling state of affairs came about.”

That one’s easy, your honor. It came about because too many judges over too many years have been too patient waiting for Minnesota’s politicians to do the right thing.

* * * * *

*D. J. Tice is Commentary Editor for the Star Tribune, and is a member of the newspaper's Editorial Board. He has been a writer, editor and publisher in Twin Cities journalism for more than 30 years. A former political editor, he is the author of two books of popular history. This essay originally appeared in the Star Tribune on August 26, 2014 and was reprinted with the written permission of Mr. Tice. 

Previous guest coverage of the Minnesota civil commitment crisis by Minnesota social worker Jon Brandt can be found HERE.

August 14, 2014

Announcing blogger sabbatical

Dear Blog Subscribers and Readers,

If you have detected a decline in blog frequency of late, it's not your imagination. After more than seven years, I have made the difficult decision to take a sabbatical break from regular blogging in order to direct my energy toward some larger writing projects.

As some of you know, in addition to juggling forensic case work, trainings and teaching with family life, I have also experienced a considerable increase in professional travel. This represents exciting professional growth for me, but I am finding that this schedule makes it hard to pursue more in-depth writing projects along with regular blogging. By carving out this opportunity to write in a different way, I hope to refine my ideas, and return to blogging with the enthusiasm I have felt from such a rewarding pursuit.

I enjoy the connections that blogging has allowed me to forge with mental health professionals, attorneys, criminologists, students, writers, scholars and others around the world. I’ll be back, and in the meantime I hope you continue to share your insights and observations with me through venues such as Twitter.

Feedblitz subscribers

If you receive this blog via a Feedblitz subscription, there is no need to do anything. I may blog occasionally during my sabbatical, as time and/or inspiration permit. I also hope to periodically re-post a few reader favorites. With your Feedblitz subscription, you will be the first to know when I'm back at full throttle.

Paid subscribers

If you are one of my loyal paid subscribers, you may want to temporarily suspend your PayPal payments and just stick with the Feedblitz subscription until I return to more regular posting. I deeply appreciate your ongoing support, but there is no need to donate to the blog when it is not producing.

Australian followers

A special message to my followers in Australia: Keep an eye out for me in October. I will be doing some trainings as well as keynote talks at Bond University in Queensland and at forensic conferences in Brisbane and Sydney, and would love to see and/or meet you. Look for a blog announcement with further details.

Archives

The blog archives contain almost a thousand posts on a multitude of topics pertaining to forensic psychology and criminology. The posts will still be there, even while I am away. So if you are doing some research, feel free to search the archives. There are two easy ways to do this. One is to browse by topic on the blog's home page (look down the right column, under the word "labels"). The other is to use the search box, again on the home page, to do a more specific search, for example by a keyword or author. 

Tweet, tweet!

Finally, if you have a Twitter account, I'd love to see you over on Twitter, where I remain active. Follow me @kfranklinphd

So -- sit back, relax, and stay tuned. I'll be back in a flash.

July 6, 2014

Innovative international risk assessment service is expanding

Try your hand at answering these questions:
  1. When evaluating Aboriginal offenders, how valid are standard risk assessment protocols? 

  2. Among Canadian men, how well does the Danger Assessment (DA) predict domestic violence? 

  3. For sex offenders in Vermont, what instrument is more accurate than the widely used Static-99 for predicting recidivism? 

  4. In screening U.S. soldiers coming back from Afghanistan, is there a valid tool that would help allocate limited therapeutic resources in order to decrease violence risk? 

  5. Finally, what the heck are the Y-ARAT, the CuRV, the START, and the VIO-SCAN, and what (if anything) are they good for?

With the frenetic pace of risk assessment research and practice developments, you couldn't be faulted for not knowing the correct answers to all of the above questions. Hardly anyone does.

That’s where the Executive Bulletin comes in.

Back in February, I told you about the launch of this service for clinicians, attorneys and researchers who want to stay abreast of developments in the field of risk assessment. The publishers scour more than 80 professional journals and create a one-page summary for each article relevant to violence and sex offending risk assessment among adults and juveniles. Using an appealing, easy-to-read format, each summary highlights the study's clinical implications and relevant legal questions, while minimizing statistical jargon. 

In the months since my announcement, the Bulletin has been gaining traction around the world. It now reaches more than 11,000 practitioners, researchers, and policymakers in the United States, Australia, China, Hong Kong, Spain, Germany, Canada, the United Kingdom, Argentina, Israel, the Netherlands, Mexico, Lithuania, Norway and Denmark. Among its largest subscribers are the California Department of State Hospitals -- which requires that its forensic evaluators read each monthly issue in order to stay abreast of peer-reviewed research into evidence-based practice -- and the public-policy oriented Council of State Governments in the United States.

The newly rebranded Global Institute of Forensic Research (GIFR), with the ever-energetic forensic psychologist Jay Singh at its helm, is currently rolling out a new features and services, including a new website, a podcast version of the Bulletin for commuters, and expert risk assessment trainings (free to subscribers) that are eligible for continuing education credits from the American Psychological Association and the Canadian Psychological Association.

The service is subscription-based. At $35 per month (and $350 for group subscriptions) it isn’t cheap, but Dr. Singh points out that the alternatives are also costly. It’s both costly and time consuming to stay abreast of important risk-related articles from more than 80 journals, most of them fee-based. Thus, without a synthesizing service such as the Bulletin, practitioners risk falling behind and inadvertently violating relevant standards of practice.

Among my own main concerns if I am going to allow someone else to find and synthesize research for my consumption is the degree of fidelity and expertise that the reviewer brings to bear. Here, the field is fortunate to have someone upon whom we can confidently rely. What I find most valuable about the Bulletin is the level of critical analysis that the expert reviewers bring to bear on each of the 15 or 20 articles they summarize each month. (Indeed, my confidence is why I accepted an invitation a while back to serve on the Institute’s advisory board.)

Singh, an epidemiology professor at Molde University in Norway, has published more than 40 cutting-edge articles on violence prediction (a few of which I have featured in prior blog posts). Formerly a fellow of the Florida Mental Health Institute and a Senior Researcher in Forensic Psychiatry for the Swiss Department of Corrections in Zurich, he has also trained and lectured widely on mental illness and violence, including at Harvard, Yale, Columbia, Cornell, Brown, Dartmouth, and the University of Pennsylvania.

To date, his Institute has conducted exclusive interviews on tips and tricks in forensic assessment with leading practitioners and scholars including Jodi Viljoen, Nicholas Scurich, Annelies Vredeveldt and -- most recently -- Jennifer Lanterman of the University of Nevada at Reno. Next month’s featured expert is Seena Fazel of Oxford University. You can browse the website and find a sample issue HERE.

If you decide to sign up (or, better yet, get your institution to sign up), Singh is offering my blog readers and subscribers a special 10 percent discount. Just click on THIS LINK, and enter the discount code INTHENEWS.

June 23, 2014

Film to explore gay-bashing in friendly, liberal community

Lawrence "Mikey" Partida's injuries
It was a tragic end to his 32nd birthday celebration. As Lawrence “Mikey” Partida left his cousin’s house, a young neighbor confronted him, hurling antigay epithets before beating Partida unconscious. The slightly built long-distance runner and grocery clerk was left with a fractured skull and a piece of wooden fence post embedded behind his eye. He underwent months of surgery and rehabilitation.

The event shocked the idyllic university community of Davis, California. Nestled between San Francisco and the state’s capital city of Sacramento, the town of 65,000 is ranked among the best places to live in America, with a reputation as safe, welcoming, liberal, educated and bicycle-friendly.

Perhaps more surprising than the assault itself was the identity of the perpetrator, and his kid-gloves treatment by the criminal justice system.

Clay Garzon
Clayton “Clay” Garzon, then 19, is the son of two well respected physicians, one of them a prominent humanitarian. Yet notwithstanding his privileged and progressive upbringing, this was not his first violent attack; he was awaiting trial on charges stemming from a drunken brawl the year before in which four young men were stabbed. Despite the fact that he was out on bail already when he mercilessly beat Partida, he was approved for bail of only $75,000, allowing his immediate release yet again. He ultimately pled guilty to assault, battery and hate crime charges in exchange for a sentence of five years in the local county jail, under a prison realignment law (AB 109) intended only for non-violent offenses.

Despite having used antigay slurs before, during and after the assault, Garzon and his attorney insisted that the attack was not motivated by antigay animus.

Forensic linguistics


Of potential interest to this blog's audience, the defense called an expert in the new field of forensic linguistics, who opined that Garzon's use of the term faggot was "more consistent with challenging [Partida's] masculinity" than with hatred. William Eggington, a linguistics professor from Brigham Young University, testified at Garzon's preliminary hearing that a tolerant family upbringing in a liberal community "would lower the possibility that this would be a gender- related crime." 

This testimony highlights a vexing problem with so-called “hate crime laws.” Their very name fosters a misimpression that bias crimes are necessarily motivated by hatred. As I found in my research with antigay assailants, this is far from the case. Such crimes are often driven more by instrumental goals such as fitting in with a peer group or demonstrating visible proof of masculinity than by outright animus. As the prosecutor, Jonathan Raven of the Yolo County District Attorney's Office, pointed out, hatred is not a requisite element of a hate crime: “One simply has to be motivated by a bias, in whole or in part.” The idea behind the enhanced penalty is that by attacking a person based even in part on his or her group membership, one is causing fear in the targeted class. As Raven noted in a statement, “certainly the crime in this case caused those in the LGBT community to be fearful.”

Further complicating Garzon's motivations is the fact that he lashed out at Partida when the gay man told him to stop pestering Partida’s female cousin, whom Garzon had been aggressively pursuing all night long.

Unpacking violence



Disentangling the complex and multifaceted roots of violence is the goal of anthropologist and filmmaker Daniel Bruun, who is producing a film, “Davisville 2013,” on the case.

Bruun, a Davis native, closely followed the case for a year as it wended its way through the legal system, recording more than 50 hours of courtroom proceedings and interviews. He even tracked down the victims in Garzon’s other case.

Ironically, while Partida experienced an outpouring of support from the Davis community, including an appeal from Sikh leaders for higher bail, Garzon’s other victims, young working-class white men who were not a member of a protected minority, were not feeling the love. As candlelight vigils were held in Davis for Partida, police in nearby Dixon couldn’t even be bothered to investigate, according to Bruun’s investigation.

“If [Garzon] never would’ve done that [hate crime], he probably never
Candlelight vigil for Partida
would’ve gone to jail -- ever,” lamented one of the forgotten stabbing victims. “It hurts that they didn’t really care for us.” 

In a front-page interview in the Davis Enterprise last week, Bruun said he first started contemplating the causes of seemingly senseless and random violence when he was in junior high school, and a 14-year-old Davis boy was beaten, robbed of two dollars and pushed into a moving train by three local teens. “I was affected by it, but I felt like the story was never told in a complete way,” Bruun told reporter Lauren Keene.

He seized upon the Davis case as a chance to tell a bigger story, about the causes of male youth violence as well as its impact on victims, communities, and even the assailants themselves.

“It seemed like an opportunity to tell a story like that in the best way possible -- to be involved in it as the story is unfolding.”

Filmmaker (right) with Partida
Bruun’s prior documentaries included anthropologically informed explorations of underground cultures in Manchester, England and The Bronx; his short film Temporary Sanity is on the Royal Anthropological Institute's recommended curriculum for anthropology undergraduates in Great Britain.

Bruun is kicking off a month-long fundraising campaign on Indiegogo, a San Francisco-based fundraising website. He hopes to raise $10,000 to complete the project.

Bruun plans to interview me along with prominent hate crime expert Gregory Herek of the University of California at Davis. I realize that I just put the word out about fundraising for another documentary, on violence against transgender women of color (again involving me as an expert), but if you feel so inclined, here’s a link to donate to Bruun’s worthy Davisville 2013 project as well. 

June 19, 2014

Special journal issue on new HCR-20 V3 risk instrument

The International Journal of Forensic Mental Health has just published a special issue on the HCR-20 Version 3, an update to the most widely used structured professional judgment method for assessing violence risk. Those of you without access to academic databases will be happy to learn that the entire issue is available for free download.

The work covered in the special issue is international in scope, spanning seven countries. Separate articles present the latest data on the instrument’s scientific reliability and validity, with a special focus on the most critical question of how well the HCR-20 does what it is supposed to do – predict risk. The authors represent quite a range, many of whom you will recognize. 
The articles, which can be downloaded directly by clicking on the below links, include the following:
  • The HCR-20V3 in Germany by Sebastian Kötter, Fritjof von Franqué, Manfred Bolzmacher, Sabine Eucker, Barbara Holzinger & Rüdiger Müller-Isberner
Of related interest:

May 31, 2014

Film to highlight violence against trans women of color

The pace of social change is sometimes mind-boggling. The cover of next week's issue of Time magazine features actress Laverne Cox on the "transgender tipping point," with transgender rights heralded as the new civil rights movement.

Much of the increasing public awareness can be credited to Laverne herself, a charismatic and inspirational spokeswoman best known for her role as a trans prisoner in the blockbuster Netflix series, Orange is the New Black.

I was honored to meet Laverne earlier this month, when she interviewed me for the film “Free CeCe,” a documentary on violence against trans women of color being co-produced by award-winning filmmaker Jacqueline Gares. (Her first documentary, Unraveled, about Alzheimer's and genetic testing, won a Freddie Award.) 

The levels of anti-trans violence are staggering. Trans women of color make up an estimated 8 percent of the gay-lesbian-bisexual-transgender (LGBT) community, but nearly half of its murder victims. They are also disproportionately victimized by job discrimination, homelessness, extreme poverty, police harassment, and incarceration; in prison, their victimization is ubiquitous.

Just walking down the street


CeCe McDonald, the focus of the documentary, knows about all of this first-hand. A 23-year-old fashion student, she was walking to the grocery store with some friends when she was accosted by a group of rowdy drunks outside a Minneapolis tavern one night in 2011. The group hurled insults: “Faggots!” “Niggers!” “Chicks with dicks!” One of the drunks slashed CeCe in the face with a cocktail glass. With blood gushing down her cheek, she pulled a pair of scissors and stabbed a man who was advancing on her, killing him.




If she had been George Zimmerman, the legal outcome would most likely have been different. But she was charged with murder, and the judge excluded evidence relating to self defense. She was barred from raising Dean Schmitz’s propensity for violence or racism, as evidenced by his multiple assault convictions and the swastika tattoo on his chest, from his days as a white supremacist in prison. Nor could she mention the methamphetamine found in his system, which might have made him more aggressive that night.

Faced with a stacked deck, CeCe pleaded guilty to second-degree manslaughter (criminal negligence) in exchange for a 41-month sentence. She was released from men's prison this January.

Rather than going down quietly as just another everyday injustice, the case garnered national attention and CeCe drew widespread support -- culminating in the current film project. I got a chance to meet CeCe at this month's filming at my office. Despite enduring a lifetime of physical and verbal assaults from strangers as well as family members, she told me that she remains haunted by the tavern incident. Growing up in a segregated community in Chicago, she had never before encountered such raw racial hatred, and she never imagined that she would ever have to kill someone or go to prison.

Why such hatred?


Your blogger with Laverne Cox and CeCe McDonald
My role in the film is to explain the basis for the widespread moral outrage and violence directed at transgender people. My dissertation research focused on the motivations of antigay hate crime perpetrators, and I later expanded this work into a broader theory of masculine violence as theater.

Trans women of color are a uniquely perfect storm, producing insecurity by transgressing against dominant notions of gender, race and identity. When dehumanized (as “its”) and hypersexualized, they become an abstract symbol of deviance, a dramatic prop through which young men in particular can prove their masculinity and reinforce their adherence to traditional gender norms.

Ramping up hostility toward transgender people is the notion that they are trying to trick or deceive others, lying to those around them about their "real sex." Indeed, this perception of deception underlies the trans "panic defense" that has been invoked in murder cases such as those of Gwen Araujo and Lawrence King.

Public antagonism toward transgender people emboldens violence-prone individuals such as those who attacked CeCe and her friends at the Schooner Tavern in Minneapolis, who believe that they are not only justified, but righteous in defending societal norms of gender and race. Such ideas run deep in our culture, reinforced through everyday microaggressions like snickering, jokes, hostile stares, and discriminatory treatment.

In a brilliant essay, Koritha Mitchell, an English professor at Ohio State University, draws a comparison between anti-transgender violence today and the early-20th century sexualized lynchings of African American men in the U.S. South. Both forms of brutality, she points out, are aimed at denying citizenship, marking “who belongs and who does not…. Because violence most often plagues those whom society encourages us to abandon, denouncing violence empowers us to embrace them.” 

The good news is, as we have seen with gay men and lesbians, public visibility can dramatically reduce hostility. Humanization as coworkers, neighbors, fellow parents, or family members short-circuits attempts to stereotype sexual minorities as abstract symbols of deviance. The rate of attitudinal change in the United States and around the world, especially among young people, is nothing short of amazing.

The Time magazine cover story illustrates the remarkable speed of change in regard to attitudes toward transgender people. It also illustrates the power of social media. Time's exclusion of Laverne from last year's list of 100 most influential people produced a Twitter backlash, #whereisLaverneCox. And the mood shifted further when Laverne famously stood up to TV personality Katie Couric in January; the video of her shifting the narrative from prurient talk of genitalia to the more pressing topics of violence and social justice went viral. 

Donate to the film


Free CeCe is still in production. The producers have raised more than one-fifth of the $465,000 budget, and are soliciting grant funding and individual donations to complete the project.If you would like to contribute to this important project, the filmmakers will gratefully accept your tax-deductible donation (HERE).

* * * * *

Of related interest: 

Prison pipeline for transgender youth: Poor and minority especially at risk (March 26, 2008)
 


(c) Copyright Karen Franklin 2014 - All rights reserved

May 11, 2014

Free articles of potential interest

From time to time, publishers alert me to articles and collections that they have made freely available online (sometimes for limited periods of time). Here are a few such offerings that I thought might be of interest to this blog's audience:

TREATMENT OF ADULT AND JUVENILE SEX OFFENDING - CURRENT APPROACHES: The International Journal of Behavioral Consultation and Therapy has made an entire special issue, edited by Phil Rich, available freely online. There are some great articles here. 

POSTTRAUMATIC STRESS DISORDER - article collection: Routledge has made available a collection of 17 articles on PTSD from its various academic journals. Click on the link and then scroll over an article to download it. 

Circles of Support and Accountability: How and Why They Work for Sex Offenders, Mechtild Höing, Stefan Bogaerts, and Bas Vogelvang

Assessing Risk of Violence Using Structured Professional Judgment Guidelines, Laura S. Guy,
Ira K. Packer, and William Warnken


The Criminal Profiling Reality: What is Actually Behind the Smoke and Mirrors?,
Richard N. Kocsis


Service Needs for Incarcerated Adults: Exploring Gender Differences, Gina Fedock, Lauren Fries, and Sheryl Pimlott Kubiak

Reflections on Homelessness, Mental Illness, and Crime, Laura S. Guy, Stacey L. Shipley,
and Teresa C. Tempelmeyer 


Residents’ Perceptions of Procedural Injustice During Encounters With the Police, Amie Schuck
and Christine Martin


Abuse as a Form of Strain Among Native American and White Female Prisoners: Predictors of Substance-Related Offenses and Recidivism, Lindsey E. Vigesaa

Conviction Odds in Chicago Homicide Cases: Does Race/Ethnicity Matter?, Christine Martin

The Impact of Indigenous Status on Adult Sentencing: A Review of the Statistical Research Literature From the United States, Canada, and Australia, Samantha Jeffries and Christine E.W. Bond

The Impact of Population Selection on Examinations of Discretionary Searches in Traffic Stops
Steven J. Briggs and B. Keith Crew

Juvenile Justice Interventions: System Escalation and Effective Alternatives to Residential Placement, Stephanie Bontrager Ryon, Kristin Winokur Early, Gregory Hand, and Steven Chapman

Findings of a Formative Evaluation of a Transitional Housing Program for Forensic Patients Discharged into the Community, Rebecca Cherner, Joan Nandlal, John Ecker, Tim Aubry, and & Donna Pettey

May 7, 2014

'Babbling idiot' standard: Squeaky Fromme competency tapes unveiled

Who of my generation can forget Lynnette "Squeaky" Fromme, the first woman to attempt to assassinate a U.S. president?

Today, almost 40 years after Fromme donned a flowing red robe, strapped on a Colt .45, and went in search of President Gerald Ford, the Sacramento Bee has unveiled the full audiotapes of her 90-minute competency examination, which the court released in response to a legal request from the Bee.

Fromme's Sept. 5, 1975 mission remains a little fuzzy: Her goal was either to save the coastal redwoods or to call attention to the plight of her messiah, cult leader Charles Manson. Ford wasn't in much danger, as it turned out: There was no bullet in the chamber. She later said she had deliberatedly ejected the round in the chamber before leaving home.* And as soon as she pointed her pistol at Ford's stomach, Secret Service agents easily subdued her.

"I stood up and waved a gun (at Ford) for a reason," Fromme told a reporter a few years later. "I was so relieved not to have to shoot it, but, in truth, I came to get life. Not just my life but clean air, healthy water and respect for creatures and creation."

People who knew Fromme (pronounced Frahm-mee) considered her strange. But she rejected an insanity defense, and sought to represent herself, prompting Judge Tom MacBride to order a competency evaluation. A court-appointed psychiatrist, James Richmond, certified her as competent to stand trial after a 90-minute examination that was tape recorded at her request. 

Under the legal standard at the time, one had to be nearly "a babbling idiot" to be found incompetent, in the words of the prosecuting attorney.  

Fromme subsequently threw an apple at that very same U.S. Attorney, Dwayne Keys, when at her sentencing hearing he called for the severest punishment, saying she was "full of hate and violence."

"Nolan Ryan couldn't have thrown a more perfect strike," John Virga, the attorney ultimately appointed to represent her at trial, told a journalist some 30 years later. "Hit Dwayne right between the eyes. His glasses flew off. After that, guys in (Keyes') office started giving him a box of apples for Christmas." 

Richmond, the court-appointed psychiatrist, had no problem with the "babbling idiot" standard. He said such a low standard was only fair, because "if a person is found unfit to stand trial, he can be committed to an institution for the criminally insane without being found guilty of anything."

The outcome of Fromme's trial, just two months after her arrest, was a foregone conclusion. Fromme boycotted much of the proceedings after the court declined her request to call Manson as a witness.

Looking back, Virga described his former client as "anything but crazy." "She's very bright, an intelligent, pleasant woman.When you talk with her, everything is fine until you mention Manson. Then it's like the guy who is perfectly normal until he hears 'Kokomo, Indiana.' Then he is off and running."

After being convicted of attempted murder and sentenced to life imprisonment, Fromme steadfastly declined to apply for parole. She was finally released in 2009, after serving 34 years in prison.

The outcome might have been different, had Fromme gone to trial today. Case law has raised the standards for competency to stand trial, and the standard is higher for defendants seeking to represent themselves. In 2012, following the U.S. Supreme Court's Edwards decision, California's high court ruled that even a defendant who is found competent to stand trial may be barred from self representation if mental illness prevents him or her from putting on a minimally adequate defense.

U.S. District Judge Kimberly J. Mueller released the audiotapes of Fromme's competency evaluation in response to a motion filed last November by the Sacramento Bee. Following the reasoning of the Ninth Circuit in a 1998 decision in the case of Ted Kaczysnki, the judge ruled that the public's right to know outweighed the defendant's privacy rights. 

Kudos to the Bee for making this request before it was too late. The audiotape was fast degrading, and the court had to call in a professional media salvaging company to restore it before it could even listen to it and rule on the request.

On the tapes, Dr. Richmond can be heard questioning Fromme about everything from her involvement with the Manson family to her eating habits and her religion, using the slang vernacular of the day:
Richmond: "The press has made a number of comments to the effect that you’re a rather daft broad wandering about in this world, following ill-begotten causes and so forth. How do you feel about that?"

Fromme: "I’m working through it the best way I can. I feel this trial, conducted with a little bit of dignity, would help tremendously."

Fromme sounds matter-of-fact and confident, expressing optimism about her chances of being acquitted:
"Oh, I feel, I feel definitely I have probably a 70 percent chance on the percentage scale. I don’t feel that I’ll be convicted of attempted assassination."

In hindsight, her confidence was obviously misplaced.

* * * * *

The full audiotapes are HERE. Thanks to reporter Sam Stanton for alerting me. For those who don't have time to listen to all 132 minutes, a 19-minute excerpt is HERE. A subsequent media videotape of Fromme discussing her crime is HERE. I have added Fromme's case to my RESOURCE PAGE OF COMPETENCY CASES, which now includes source documents on 10 noteworthy cases ranging from Ted Kaczynski to Mike Tyson.

*Don't confuse this with a second assassination attempt on the president just 17 days later in San Francisco. Sarah Jane Moore managed to squeeze off a wild shot before she was subdued. Another odd duck, she too was found competent to stand trial.

May 1, 2014

Surprise reversal in "killing and culpability" self-defense case

Judge slams defense lawyer as inept, dishonest 

Four years ago, I presented a reader participation exercise, "On Killing and Culpability," featuring the case of a young working-class man who stabbed a drunken Berkeley fraternity man to death during a street brawl. Even though 20-year-old Andrew Hoeft-Edenfield only pulled out a knife after he was surrounded by a large and hostile crowd that was closing in on him, jurors rejected his self-defense claim and found him guilty of second-degree murder. In a case that later garnered national attention as part of the debate over what constitutes self defense, he was sentenced to 16 years in prison. 

Yesterday, a judge pulled no punches in overturning the conviction, which he described as a product of the defense attorney's incompetence and deceit. The ruling came in response to a state Supreme Court mandate that the case be reviewed for possible attorney misconduct.

It turns out that there was a lot more going on behind the scenes of the legal case than the public was privy to at the time.

Attorney Yolanda Huang demonstrated a "breathtaking level of disingenuousness, evasiveness and apparent dishonesty," wrote Alameda County Superior Court Judge Larry Goodman in his scathing opinion; her lack of qualifications coupled with her "unexplainable arrogance" created "a complex web of deception, misrepresentation, disloyalty, and self-interest."

Huang's son and the defendant were close friends, and Huang accepted the case pro bono. Her ultimate goal, Judge Goodman noted, was to sue the UC Berkeley fraternity system, which she believed was arrogantly undermining the safety and security of Berkeley residents.

She'll get no argument from me on that score. As revealed in a powerful Atlantic expose, tragedies such as this are endemic to the Greek system, which typically escapes culpability for the results of the drunken debauchery that many fraternities promote.

The problem was that her "apparent obsession" with the fraternity system created a profound conflict of interest: If Hoeft-Edenfield admitted culpability by accepting a plea bargain, her chances of a successful lawsuit would be greatly diminished.

Thus, as the judge meticulously delineated in his 56-page opinion, she rejected all efforts to strike a deal, despite her client's wishes to do so and despite a reasonable offer from the prosecution of a 12-year sentence in exchange for a guilty plea to manslaughter.

Her missteps were not for lack of good advice.

In remarkable testimony at a four-day evidentiary hearing last month, two defense attorneys and a prominent jury consultant testified that at a strategy session convened by Huang, they correctly forecasted that her client would be convicted if he did not take the witness stand to explain his actions on that fateful night. When Huang responded that Hoeft-Edenfield, a special education student, was too unintelligent and easily led to testify, prominent defense attorney M. Gerald Schwartzbach advised her to settle the case. Also present at that meeting were experienced homicide attorney Rebecca Young of the San Francisco Public Defender's Office and a senior litigation consultant, Lois Haney.

Judge Larry Goodman
Instead of following the sage advice of these experienced professionals, Huang -- who had never handled a murder case -- barreled ahead to trial, so confident of Hoeft-Edenfield's vindication that she failed to warn her client of the risks. Instead, "she continued to mislead [him] into thinking that the worst possible consequence of going to trial is that he would get a voluntary manslaughter conviction," even going so far as to send his parents to the jail to talk him into proceeding to trial. 

I've made the opinion available online (HERE). By way of full disclosure, I've known Judge Goodman from way back in my days as a newspaper reporter and have always found him to be a straight shooter.

The Alameda County District Attorney's Office now has 30 days to decide whether to offer Hoeft-Edenfield its original 12-year plea deal; otherwise, the case could proceed to a retrial for second-degree murder. (The jury acquitted the defendant of first-degree murder.) Meanwhile, the State Bar of California will review Judge Goodman's findings to determine whether Huang should face discipline.

* * * * *
Thanks to Henry Lee of the San Francisco Chronicle for breaking the news. My prior reports on the case include:


(c) Copyright Karen Franklin 2014 - All rights reserved