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

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

Mindfulness-based interventions for young offenders: a scoping review

Youth offending is a problem worldwide. Young people in the criminal justice system have frequently experienced adverse childhood circumstances, mental health problems, difficulties regulating emotions and poor quality of life. Mindfulness-based interventions can help people manage problems resulting from these experiences, but their usefulness for youth offending populations is not clear. This review evaluated existing evidence for mindfulness-based interventions among such populations. To be included, each study used an intervention with at least one of the three core components of mindfulness-based stress reduction (breath awareness, body awareness, mindful movement) that was delivered to young people in prison or community rehabilitation programs. No restrictions were placed on methods used. Thirteen studies were included: three randomized controlled trials, one controlled trial, three pre-post study designs, three mixed-methods approaches and three qualitative studies. Pooled numbers (n = 842) comprised 99% males aged between 14 and 23. Interventions varied so it was not possible to identify an optimal approach in terms of content, dose or intensity. Studies found some improvement in various measures of mental health, self-regulation, problematic behaviour, substance use, quality of life and criminal propensity. In those studies measuring mindfulness, changes did not reach statistical significance. Qualitative studies reported participants feeling less stressed, better able to concentrate, manage emotions and behaviour, improved social skills and that the interventions were acceptable. Generally low study quality limits the generalizability of these findings. Greater clarity on intervention components and robust mixed-methods evaluation would improve clarity of reporting and better guide future youth offending prevention programs

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

Nitrous Oxide Inhalation Among Adolescents: Prevalence, Correlates, and Co-Occurrence with Volatile Solvent Inhalation

Few studies have examined the prevalence of nitrous oxide (NO) inhalation or co-occurrence of NO and volatile solvent (VS) use in adolescents. Study aims were to (1) describe the independent and conjoint prevalence of NO and VS use in incarcerated youth, (2) compare adolescent users of both NO and VS inhalants (NO+VS) to users of NO-only, VS-only, and nonusers of NO and VS (NO/VNS nonusers) with regard to demographic, psychological, and behavioral characteristics, and (3) conduct logistic regression analyses identifying correlates of NO use. Residents (N = 723) of Missouri Division of Youth Services were assessed with standardized psychosocial measures. Participants averaged 15.5 (SD = 1.2) years of age, were ethnically diverse and predominantly male. Lifetime prevalence of NO use was 15.8%. NO+VS users evidenced greater impairments compared to NO+VS nonusers. VS-only users evidenced impairments that were similar in kind but at lower prevalences compared to those displayed by NO+VS users, whereas NO-only youth had profiles that were similar to those of NO/VS nonusers. Psychiatric disorders, polydrug use, and temperamental fearlessness were correlates of NO use. NO+VS users were at high risk for behavioral and emotional problems. Screening and interventions for NO and VS inhalant use should be implemented in juvenile justice facilities.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/78160/1/nihms217666.pd

Risk Assessment and Provisional Discharge: Predictive Utility of the HCR-20

The study examines the predictive utility of the HCR-20 in risk assessments for supervised release to the community as well as returns to the forensic hospital for individuals under indeterminate civil commitment in Minnesota. This archival review included 331 patients who were evaluated for provisional discharge to the community using either the HCR-20V2 or HCR-20V3, and 135 patients were released. A series of logistic regressions and receiver operating characteristic (ROC) analyses indicated lower scores on the HCR-20V2 Clinical and Risk Management scales and on the HCR-20V3 Risk Management scale were predictive of review board decisions regarding release to the community. Additionally, individuals housed in the transition unit had odds of being provisionally discharged that were 6 (HCR-20V3) to 23 (HCR-20V2) times higher than individuals placed in the security hospital. Over a 15-year period, 30 (22%) patients on provisional discharge returned to the hospital within an average of just under 3 years and information was obtained regarding reasons for return. Only the HCR-20V3 Clinical scale was predictive of returns to the hospital using logistic regression; none of the scales showed predictive validity using ROC analyses. Success on provisional discharge underscores the ability of community services to perform well in maintaining mental health stability to high-risk individuals. As expected, but with some caveats, the “C” and “RM” scales from the HCR-20 demonstrated predictive power in determining who was discharged and who returned. This paper calls for additional research and resources on how to improve chances of remaining in the community after discharg

Paraphilias with co-morbid psychopathy: the clinical and legal significance to sex offender assessments

This article briefly discusses the historical development of the constructs of paraphilia and psychopathy. An overview of recent developments in the assessment of these constructs for legal purposes is also provided. The historical, clinical, legal, and ethical obligations of clinicians who work with persons suffering from paraphilias and co-morbid psychopathy is then reviewed. An emphasis of the current article is integrating recent developments in the construct of psychopathy into a discussion of sex offender risk assessment and treatment. The co-morbidity of psychopathy and paraphilias as factors in predicting risk of recidivism is reviewed. The need for practitioners to remain cognizant of language requirements in both legal and clinical contexts is addressed. Finally, this article reviews the legal history of sex offender legislation and its evolution into current United States Supreme Court jurisprudence