Understanding the Downward Extension of Psychopathy to Youth: Implications for Risk Assessment and Juvenile Justice

Psychopathy is an important construct in adult risk assessment resulting from strong associations to antisocial behavior and criminal recidivism. A recent trend is the downward extension of psychopathic traits to explain juvenile violence. Applying the concept of psychopathy to youthful offenders has great potential; however, its application to adolescence is fraught with uncertainty. This article discusses how the search for causes of violence along with the changing juvenile justice system have encouraged psychopathy to be used for informing policies related to the assessment and treatment of juvenile offenders. Based on established research and clinical practice, we make the case that if applied judiciously, psychopathy can be a critical component in identifying youth most at-risk for short-term violence

Construct Validity of Psychopathy in Mentally Disordered Offenders: A Multi-trait Multi-method Approach

Psychopathy continues to receive increased attention due to the negative outcomes, including recidivism, violence, and poor treatment amenability. Despite the vast amount of attention psychopathy has received, research on its applications to mentally disordered offenders remains sparse. The current study explored the relationship between psychopathy, depression, anxiety, and psychotic disorders. It also investigated the comparative fits of two and three-factor models of the PCL-R with mentally disordered offenders. Participants consisted of 96 inmates placed in the mental health pod at Tarrant County Jail. A Confirmatory Factor Analysis (CFA) with testlets found the three-factor PCL-R model had excellent fit (Robust Comparative Fit Index = 1.00). Psychopathy was found to be a construct independent of mental disorders. Two exceptions were (a) a modest correlation between anxiety and Impulsive and the Irresponsible Lifestyle factor of the PCL-R (r = 0.20) and (b) a modest negative correlation between Deficient Affective Experience of the PCL-R and mania (r = -.37). Based on the current data, treatment programs for mentally disordered offenders are suggested that focus on both behavioral and personality aspects of psychopathy

Adolescent Psychopathy in an Adjudicated Male Population: The Role of Sensation Seeking, Impulsivity, and Externalizing Disorders

Psychopathy, as conceptualized by Cleckley (1941), describes a constellation of psychological and behavioral correlates including superficial charm, untruthfulness, lack of remorse or shame, poor judgment, and failure to learn from experience. Based on Cleckley's initial work, Hare (1991) developed a two-factor model of psychopathy. The purpose of this study was to investigate the roles that sensation seeking, impulsivity, ADHD, conduct disorder, and oppositional defiant disorder have on adolescents classified as psychopaths. The participants consisted of 79 adjudicated male adolescents in a maximum-security facility. As hypothesized, adolescent male psychopaths had higher levels of sensation seeking, impulsivity, conduct disorder and oppositional defiant disorder. A discriminant function analysis found that sensation seeking, impulsivity, ADHD, Conduct Disorder, and Oppositional Defiant Disorder was moderately useful in classifying adolescent psychopathy. The results suggest that behavioral dysregulation is an important aspect of adolescent psychopathy. The relationship of these data to theories of adolescent psychopathy is discussed

Legal and Clinical Issues Regarding the Pro Se Defendant: Guidance for Practitioners and Policy Makers

Defendants who attempt to represent themselves, or proceed pro se, make up less than 1% of felony cases. However, when the issue of competency to proceed pro se arises, it can present interesting questions and challenges not only for the defendant, but also for others involved with the trial process. In Indiana v. Edwards (2008), the U.S. Supreme Court permitted states to impose a higher standard of competency for defendants who wish to proceed to trial without an attorney than for defendants who stand trial with representation. States have responded by adopting a patchwork of different, and often vague, competency standards. The current paper describes states’ differing responses to Edwards, courts’ efforts to ensure the constitutionality of those standards, and extant research on the legal standards and guidelines that should apply to forensic evaluators. Drawing upon this body of law and commentary, this paper distills principles to guide evaluations of defendants’ pro se competency. To facilitate discussion, this paper utilizes three case studies involving defendants with severe mental illness, antisocial personality disorder, and communication impediments unrelated to mental illness. The analysis of these case studies illustrates the application of guiding principles and demonstrates how to distinguish impairments relevant to pro se competence from those that may be legally irrelevant yet still present significant fairness or efficiency concerns

The PCL–R and capital sentencing: A commentary on “Death is different” DeMatteo et al. (2020a).

DeMatteo et al. (2020a) published a Statement in this journal declaring that the Psychopathy Checklist-Revised (PCL-R) “cannot and should not” be used in U.S. capital-sentencing cases to assess risk for serious institutional violence. Their stated concerns were the PCL-R’s “imperfect interrater reliability,” its “variability in predictive validity,” and its prejudicial effects on the defendant. In a Cautionary Note, we (Olver et al., 2020) raised questions about the Statement’s evaluation of the PCL-R’s psychometric properties, presented new data, including a meta-meta-analysis, and argued that the evidence did not support the Statement’s declaration that the PCL-R “cannot” be used in high stakes contexts. In their reply, titled “Death is Different,” DeMatteo et al. (2020b) concurred with several points in our Cautionary Note, disputed others, asserted that we had misunderstood or mischaracterized their Statement, and dismissed our new data and comments as irrelevant to the Statement’s purpose. This perspective on our commentary is inimical to balanced academic discourse. In this article, we contend that DeMatteo et al. (2020b) underestimated the reliability and predictive validity of PCL-R ratings, overestimated the centrality of the PCL-R in sentencing decisions, and underplayed the importance of other factors. Most of their arguments depended on sources other than capital cases, including mock trials, Sexually Violent Predator (SVP) hearings, and studies that included the prediction of general violence. We conclude that the rationale for the bold “cannot and should not” decree is open to debate and in need of research in real-life venues

Reliability and validity of the Psychopathy Checklist-Revised in the assessment of risk for institutional violence: A cautionary note on DeMatteo et al. (2020).

A group of 12 authors (GA) shared a statement of concern (SoC) warning against the use of the Hare Psychopathy Checklist-Revised (PCL-R; Hare, 1991, 2003) to assess risk for serious institutional violence in US capital sentencing cases (DeMatteo et al., 2020). Notably, the SoC was not confined to capital sentencing issues, but included institutional violence in general. Central to the arguments presented in the SoC was that the PCL-R has poor predictive validity for institutional violence and also inadequate field reliability. The GA also identified important issues about the fallibility and inappropriate use of any clinical/forensic assessments, questionable evaluator qualifications, and their effects on capital sentencing decisions. However, as a group of forensic academics, researchers, and clinicians, we are concerned that the PCL-R represents a psycholegal red herring, while the SoC did not address critical legislative, systemic, and evaluator/rating issues that affect all risk assessment tools. We contend that the SoC’s literature review was selective and that the resultant opinions about potential uses and misuses of the PCL-R were ultimately misleading. We focus our response on the evidence and conclusions proffered by the GA concerning the use of the PCL-R in capital and other cases. We provide new empirical findings regarding the PCL-R’s predictive validity and field reliability to further demonstrate its relevance for institutional violence risk assessment and management. We further demonstrate why the argument that group data cannot be relevant for single-case assessments is erroneous. Recommendations to support the ethical and appropriate use of the PCL-R for risk assessment are provided

Clues from the digital world: A survey of clinicians\u27 reliance on social media as collateral data in forensic evaluations

Access to and use of social media has increased throughout the United States. In parallel, information gleaned from social media is often available as part of discovery packets provided to clinicians conducting forensic evaluations. As social media continues to be a primary mode of communication, forensic evaluators are likely to grapple with decisions to use information from these sites to inform psycholegal opinions. However, professional commentary on obtaining, interpreting, and integrating data from social networking sites (SNSs) in forensic practice began only recently. There have been few empirical efforts thus far to better understand whether and how forensic mental health evaluators use SNSs to inform their opinions about various psycholegal issues. Thus, the current study sought to address this gap in the professional literature by surveying practicing forensic evaluators (N = 102) regarding their use of SNS data in civil and criminal legal contexts. Quantitative and qualitative findings from our survey are presented and discussed to provide an overview of current practices and concerns among forensic clinicians. Overall, SNSs are used with some frequency in forensic mental health assessments and are generally perceived as a useful source. Findings are integrated with previous professional commentary about Internet-based data to facilitate greater understanding of how SNS data may be best incorporated into assessments and to identify emergent legal and ethical issues when such data are included