Forensic Assessment of Special Populations
At times, forensic psychological evaluations focus on legally relevant issues as well as identifying and making predictions about “special populations,” or those identified in the professional literature as belonging to a unique category. Recently enacted sexual violent predator statutes have given rise to requests to evaluate those convicted of violent sexual crimes who have fulfilled their prison sentence. Such individuals can be transferred to civil commitment status if they meet criteria defined by each state. Assessments may be requested to evaluate the risk of future sexual offending of those belonging to this special group. Similarly, battered women have been singled out as a special category. Admissible in most states, battered women’s syndrome may be introduced to explain a defendant’s mental state if charged with the murder or assault of her batterer. Those who have developed violent attachments, including pathologies of bonding, represent still another special population. Such individuals are at increased risk for violent behaviors directed against those with whom they have relationships, whether real or imagined. Forensic experts may be consulted in such cases, not only for forensic assessments focusing on acts of violence previously committed, but also regarding potential actions by those who have committed acts of violence against others. In a number of psycho legal areas (e.g., civil commitment, child custody, presentencing reports, probation and parole, death penalty cases) violence risk assessment is a crucial process.
Evaluation of Sex Offenders
With the exception of drug offenders, during the 1990s the sex offender population has increased faster than any other group of violent criminals (La Fond, 1998). Then nature of these crimes, especially those against children, drew the attention and ire of the public, legislators, and courts. Many states passed both civil and criminal legislation requiring mandatory, lengthy sentences for sex-related crimes and, in some states, lifelong probation. For sex offenders who have completed their prison sentence and been released, requirements may include registration as a sex offender with local police authorities, notification to neighbors that a sex offender has moved into their community, and the possibility of civil commitment following the expiration of their prison term (Bumby & Maddox, 1999). The decision of the U.S. Supreme Court in Kansas v. Hendricks (1997) stated that the civil commitment of sex offenders deemed at risk for recidivism after completion of their prison term violated neither the double jeopardy nor ex post facto clauses of the Constitution. This decision further encouraged states to enact sexual predator statutes. Mary Alice Conroy describes the impact of this legislation on forensic practice in her chapter in this volume. She reviews sex offender legislation (including sexual violent predator statutes) and evaluations in legal and historical contexts, and considers issues related to evaluating the sex offender’s mental state and assessing the risk for recidivism. Both clinical and actuarial predictions are explained and the use and abuse of “profiles” are reviewed. Conroy examines forensic assessment instruments that have been developed to evaluate future risk of offending. In addition, she reviews specialized treatment modalities important to risk management with this special population. Included in this chapter are sections addressing the evaluation of minorities (women, juveniles, and ethnic minorities), as well as ethical concerns and expert testimony.
At times, forensic psychological evaluations focus on legally relevant issues as well as identifying and making predictions about “special populations,” or those identified in the professional literature as belonging to a unique category. Recently enacted sexual violent predator statutes have given rise to requests to evaluate those convicted of violent sexual crimes who have fulfilled their prison sentence. Such individuals can be transferred to civil commitment status if they meet criteria defined by each state. Assessments may be requested to evaluate the risk of future sexual offending of those belonging to this special group. Similarly, battered women have been singled out as a special category. Admissible in most states, battered women’s syndrome may be introduced to explain a defendant’s mental state if charged with the murder or assault of her batterer. Those who have developed violent attachments, including pathologies of bonding, represent still another special population. Such individuals are at increased risk for violent behaviors directed against those with whom they have relationships, whether real or imagined. Forensic experts may be consulted in such cases, not only for forensic assessments focusing on acts of violence previously committed, but also regarding potential actions by those who have committed acts of violence against others. In a number of psycho legal areas (e.g., civil commitment, child custody, presentencing reports, probation and parole, death penalty cases) violence risk assessment is a crucial process.
Evaluation of Sex Offenders
With the exception of drug offenders, during the 1990s the sex offender population has increased faster than any other group of violent criminals (La Fond, 1998). Then nature of these crimes, especially those against children, drew the attention and ire of the public, legislators, and courts. Many states passed both civil and criminal legislation requiring mandatory, lengthy sentences for sex-related crimes and, in some states, lifelong probation. For sex offenders who have completed their prison sentence and been released, requirements may include registration as a sex offender with local police authorities, notification to neighbors that a sex offender has moved into their community, and the possibility of civil commitment following the expiration of their prison term (Bumby & Maddox, 1999). The decision of the U.S. Supreme Court in Kansas v. Hendricks (1997) stated that the civil commitment of sex offenders deemed at risk for recidivism after completion of their prison term violated neither the double jeopardy nor ex post facto clauses of the Constitution. This decision further encouraged states to enact sexual predator statutes. Mary Alice Conroy describes the impact of this legislation on forensic practice in her chapter in this volume. She reviews sex offender legislation (including sexual violent predator statutes) and evaluations in legal and historical contexts, and considers issues related to evaluating the sex offender’s mental state and assessing the risk for recidivism. Both clinical and actuarial predictions are explained and the use and abuse of “profiles” are reviewed. Conroy examines forensic assessment instruments that have been developed to evaluate future risk of offending. In addition, she reviews specialized treatment modalities important to risk management with this special population. Included in this chapter are sections addressing the evaluation of minorities (women, juveniles, and ethnic minorities), as well as ethical concerns and expert testimony.
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