The Word Memory Test in medicolegal assessment: a measure of effort and malingering?

The Word Memory Test (WMT) is claimed to measure effort and to detect cognitive response bias. Archival data from n = 2526 cases referred in 2009–2016 for medicolegal assessment were analyzed. Each participant underwent a medical and a psychological examination including a cognitive test battery and several validity measures including the WMT. The WMT validity test scores do not approximately follow a normal distribution. Thus, parametric statistics for WMT validity scores may not be appropriate. WMT performance explains 0–20% of the variance in cognitive test performance. This is more than what substantial brain damage accounts for. The standard uniform cutoff indicating a ‘fail’ in all three WMT effort subtests (equal or less than 82.5% correct responses) seems not supported by the data. Taking into account the context of the testing, cutoffs may be chosen according to the desired sensitivity or specificity. ROC-statistics with modified Slick criteria as gold standard for malingering look alike for the three WMT effort subtests, with a AUC between 0.86 and 0.88. The WMT seems a good indicator of both effort and (Slick) malingering, however, little is gained by administering the entire test.     

The social consequences of a mass surveillance measure: What happens when we become the ‘others’?

This article investigates the claim made by Dworkin [Dworkin, R., 2002. The threat to patriotism. In: Calhoun, C., Price, P., Timmer, A. (Eds.), Understanding September 11. New Press, New York.] that when faced with threats such as terrorism, the trade-off in question is between our security and their civil liberties. A series of mass surveillance measures implemented in the European Union demonstrate that these measures are no longer merely directed at terrorists but are being applied to all citizens. Contrary to what Dworkin says, therefore, the trade-off that is actually occurring is between our rights and our security. Accordingly, this article aims at addressing the larger social consequences of this occurrence. The social consequences of one mass surveillance measure, Directive 2006/24/EC, are explored: looking in particular at the possible loss of citizens’ trust and privacy. The autonomy and aspects of human dignity that the right to privacy protects are vital to the development of individuality and consciousness of individual choice in life. Severe restrictions on privacy thus have severe repercussions on individuals.     

‘Whiteness,’ criminality,and the double standards of deviance/social control

White criminality is increasingly defined and controlled via the medical model. This is made possible by the white racial frame, which constructs ‘whiteness’ as normative and white deviance as individual aberration or mental illness. Conversely, the white racial frame constructs Blackness as synonymous with criminality. Media depictions of crime and criminals play a central role in furthering this framing, which provides the underlying legitimation for disparities in social control. The result is double standards of definition and control which medicalize whiteness and criminalize Blackness. This differential framing of whiteness and Blackness provides the foundation for the expansion of both the medical and prison industrial complexes, which are characterized by real racial differences despite comparable patterns of deviance across racial lines.     

The economic costs and consequences of mass communications data retention: is the data retention directive a proportionate measure?

This article seeks to determine the economic costs and consequences of implementing the Data Retention Directive (Directive 2006/24/EC), an extraordinary counter terrorism measure that mandates the a priori retention of communications data on every European citizen, by drawing on the insights of economic analysis. It also explores the monetary costs of the Directive on subscribers and communications service providers of Member States within the EU. Furthermore, it examines the implications of the Directive on the economic sector of the European Union, by focusing on the Directive’s impact on EU competitiveness and other EU policies such as the Lisbon Strategy. This analysis is motivated by the following questions: what are the monetary costs of creating and maintaining the proposed database for data retention? What are the effects of these measures on individuals? What obstacles arise for the global competitiveness of EU telecommunications and electronic communications service providers as a result of these measures? Are other policies in the European Union affected by this measure? If so, which ones?     

Do resemblance ratings measure the accuracy of facial approximations?

Since forensic facial approximations are used to promote recognition of a deceased person, an accurate forensic facial approximation (FFA) should be easily recognized as the person to whom the skull belonged (target individual). However, the accuracy of FFAs has been previously assessed by the direct comparison of an FFA to the corresponding target individual for similarity (i.e., a resemblance rating). Resemblance ratings may not indicate a facial approximation's accuracy since the resemblance of non-target individuals is not accounted for. This experiment tests the validity of using resemblance ratings to assess the accuracy of FFAs. The study indicates that there is no statistically significant difference between: (a) resemblance ratings of FFAs to target individuals and (b) resemblance ratings of FFAs to individuals incorrectly identified as the target individual. It is concluded that it is not possible from resemblance ratings to determine the accuracy and/or quality of a facial approximation since a non-target individual may receive a resemblance rating equal to, or higher than, the target individual.     

Does the measurement of peer deviance change the relationship between self-control and deviant behavior? An analysis of friendship pairs

Purpose

The measurement debate between social learning and self-control theories has predominantly focused on self-control, leaving an unexplored and equally important measurement controversy concerning the operationalization of the peer delinquency construct. This study addresses how self-control's relationship with deviant and criminal behavior changes when peer deviance is statistically controlled for using an indirect, perceptual measure or a self-report directly from a peer.

Methods

Data from 796 friendship pairs are used to estimate a series of regression models that regress respondent deviance onto indirect and direct peer deviance and attitudinal and behavioral self-control measures while controlling for elements of the social bond and demographic characteristics.

Results

When an indirect measure of peer delinquency is replaced with a direct measure from respondents’ friends, the relationships between self-control - attitudinal and behavioral measures - and deviance and criminal behavior are consistently larger. The use of a direct peer deviance measure does not prove the peer deviance-crime relationship spurious, but does substantially weaken the relationship between self-control and deviance and criminal behavior.

Conclusions

The strength of the relationship between self-control and deviant/criminal behavior is contingent on how peer deviance is operationalized, regardless of how self-control is measured (attitudinally or behaviorally).     

Are arrest statistics a valid measure of illicit drug use? The relationship between criminal justice and public health indicators of cocaine,heroin, and marijuana use

Several alternative indicators are currently available to researchers, policy makers, and practitioners for gauging levels and patterns of illicit drug use within and across communities. Yet there exists little information that allows reliable comparisons across indicators to determine whether they tell essentially the same story about variation in the prevalence of drug use. In particular, it remains unclear how closely arrest statistics, the leading law enforcement indicator of illicit drug use, correspond to other law enforcement indicators, such as urine tests of jail inmates, or to public health measures, such as emergency departments' and medical examiners' reports. In this paper we assess the relationships between alternative law enforcement and public health indicators of cocaine, heroin, and marijuana use for a sample of large U.S. cities. We find pronounced convergence across measurement systems in cocaine and heroin use, but little convergence for marijuana use. In addition to other research and policy implications, these results increase confidence in the use of arrest data to assess variation across urban areas in cocaine and heroin use.     

What is grievance thinking and how can we measure this in sexual offenders?

Purpose. This study proposes and examines a three‐stage model of the grievance process, one of the dynamic risk factors related to risk of sexual recidivism, and aims to evaluate some of the existing measures of this construct. Methods. The research used a sample of 322 male sexual offenders who had completed a cognitive–behavioural programme that aims to reduce recidivism in higher‐risk sexual offenders (as measured using a static actuarial tool). Participants completed two questionnaires measuring aspects of grievance thinking pre‐ and post‐treatment. Results. The results indicated some support for stages 1 and 2 of the proposed model. Contrary to the study hypotheses, results indicated that both measures used have similar psychometric properties. Pre‐ to post‐change analyses suggest that the custodial treatment programme may be having some effect on grievance thinking. However, generally offenders' scores on both measures were low pre‐ and post‐treatment and as a result, according to individual change analyses, the majority did not demonstrate reliable or clinically significant change. Those who were classed as high scorers on either measure did, however, demonstrate such change. Conclusions. Further exploration of a three‐stage model of grievance is warranted. It appears that current measures of grievance in sexual offenders are not adequate to capture this concept fully.     

Is there a Need for a European Criminology?

Readers were invited in Issue 4, 2000 to give their comments on the subject of European criminology. The Editors also invited some scholars on a personal title. The comments, ranging from 1,200 to 2,000 words are presented in alphabetical order. The comments are written by: Rosemary Barberet, Josine Junger-Tas, Martin Killias, H.-J. Schneider, Alenka élih, Henrik Tham, Bas van Stokkom and Lode Walgrave. Together they offer a view on the ideas and different views on European criminology.     

Made to measure? An analysis of the transition from Disability Living Allowance to Personal Independence Payment

As part of the government’s programme of welfare reform Personal Independence Payment (PIP) is replacing Disability Living Allowance (DLA) for people of working age. This will have a significant impact on a wide range of disability benefit claimants. This article examines the government’s rationale for replacing DLA with PIP, the key technical differences between the two benefits and the role that disability benefits can play in reducing poverty. The introduction of PIP has led to considerable debate in the social welfare law sector about the scope, purpose and assessment of social security benefits for the disabled. These issues are explored with reference to the first Gray Review of PIP (2014) and the United Nations Committee on the Rights of Persons with Disabilities Inquiry (2016) into the impact of the UK Government’s policies on disabled people.     

Sexsomnia – a forensic psychiatric challenge – a case report

In rare penal cases, a defendant makes a claim that he or she was asleep at the time of an alleged crime. This article discusses a case of alleged sexsomnia where a man claimed that he had been asleep during a sexual encounter (rape) with a woman. The question that often arises during an investigation and in court is how complex a behaviour is someone able to perform and still be asleep? To assist the court in answering this question, forensic psychiatric experts may be appointed. But the experts were not present during the act and must therefore consider each case on the basis of the available information and existing research. This paper provides a brief overview of the research regarding sexsomnia. It will also discuss what kind of information is important to elaborate in these cases in order to clarify the premises for the experts’ conclusions to the court.     

Lak?a?ā as a Creative Function of Language

When somebody speaks metaphorically, the primary meanings of their words cannot get semantically connected. Still metaphorical uses succeed in conveying the message of the speaker, since lak?a?ā, a meaning-generating faculty of language, yields the suitable secondary meanings. Ga?ge?a claims that lak?a?ā is a faculty of words themselves. One may argue: “Words have no such faculty. In these cases, the hearer uses observation-based inference. They have observed that sometimes competent speakers use the word w in order to mean s, when p, the primary meaning of w does not make any semantic sense. In all such cases, s is actually related to p. After having observed this, when the hearer hears the utterance of w, and realizes that w’s primary meaning p is semantically unfit for the sentence-meaning, they infer on the basis of their prior observation that ‘the competent speaker must mean s by uttering w’. Thus lak?a?ā becomes a success.” This apparently well-argued reduction does not stand the critical examination; neither in Ga?ge?a’s framework, nor even in the general theory of language. For one can compose and interpret potentially infinite novel sentences based on lak?a?ā while the observational inferences one can make are finite. Ga?ge?a says very clearly that as far as the secondary meaning is concerned, no prior observation is required. This paper will argue that not only does language yield secondary meanings through lak?a?ā, but it also restricts the use of secondary meanings; for one cannot mean just anything by saying something. Lak?a?ā is a creative function with infinite potential within the limits set up by the language faculty.     

Physical restraint in a therapeutic setting; a necessary evil?

Physical restraint of people experiencing mental health problems is a coercive and traumatic procedure which is only legally permitted if it is proportionate to the risk presented. This study sought to examine the decision-making processes used by mental health staff involved in a series of restraint episodes in an acute care setting. Thirty nurses were interviewed either individually or in focus groups to elicit their views on restraint and experience in specific incidents. Four factors which influenced the decision to restrain were identified: contextual demands; lack of alternatives; the escalatory effects of restraint itself; and perceptions of risk. While some of these factors are amenable to change through improvements in practice, training and organisational culture, nurses viewed restraint as a necessary evil, justified on the basis of the unpredictable nature of mental illness and the environment in which they worked.     

Finding a voice – the feasibility and impact of setting up a community choir in a forensic secure setting

This study reports on the feasibility and impact of running a choir for forensic psychiatric inpatients, staff and members of the local community, within the confines of a medium secure psychiatric unit. The choir ran between October and December 2013. Eight weekly workshops and a final concert performance were evaluated through participant observation and focus groups held with the participants. Between 12 and 16 male and female patients attended each workshop and the final concert. All participating patients had received a diagnosis of schizophrenia, schizo-affective disorder or personality disorder, all had committed serious violent or sexual offences and all were legally detained and receiving treatment in a forensic medium or low secure ward, under the Mental Health Act (England and Wales). Considerable benefits were reported by patients, as well as by the participating community choir members and staff. Primary benefits reported by patients included the following: improved happiness and well-being; increased confidence and self-esteem; greater emotional connectedness and reduced sense of stigma. Participating staff also reported increased feelings of well-being and happiness, greater tolerance and more positive perceptions of the functioning and capabilities of forensic psychiatric patients. The longer term benefits of music participation on the mental health and social functioning of forensic psychiatric patients require further investigation.