Validities and abilities in criminal profiling: a critique of the studies conducted by Richard Kocsis and his colleagues

In a recent issue of this journal, Kocsis reviewed the criminal profiling research that he and his colleagues have conducted during the past 4 years. Their research examines the correlates of profile accuracy with respect to the skills of the individual constructing the profile, and it has led Kocsis to draw conclusions that are important to the profiling field. In this article, the authors review the contributions of the Kocsis studies and critique their methodological and conceptual foundations. The authors raise a number of concerns and argue that data from the Kocsis studies fail to support many of the conclusions presented in his recent review. The authors present evidence in support of their assertions and provide recommendations that will allow future research in the area to generate data that are more meaningful and generalizable.     

Criminal psychological profiling: validities and abilities

Criminal psychological profiling has attained unprecedented recognition despite little empirical evidence to support its validity and the absence of any thorough exposition of the skills involved with the technique. This article reports on the empirically derived conclusions of studies that sought to examine the accuracy and skill of various groups performing a profiling task. The conclusions provide some support for the contention that professional profilers can produce a more accurate prediction of an unknown offender in comparison to other studied groups. The results also give an indication of the type of skills required for proficient profiling.     

The Tarasoff dilemma in criminal court.

The duty to protect, or Tarasoff duty, has been conceptualized as arising solely in the context of a clinical setting. A recent California Supreme Court ruling in People v. Clark adds legal, clinical, and ethical dilemmas to the oftentimes contentious Tarasoff issue. Though the Tarasoff issue is but a minor legal point in Clark, a possible consequence of Clark is that a Tarasoff warning could be deemed nonconfidential and admissible in a criminal trial. Psychotherapists could therefore be testifying in criminal courts as prosecution witnesses. While the possibility of a chilling effect on patients' disclosure of violent ideation in the context of psychotherapy first caused apprehension after the California Supreme Court's 1976 decision in Tarasoff v. Regents of the University of California, this same Court's ruling in People v. Clark some 14 years later may ensure that this fear finally becomes realized.     

Client abilities to assist counsel and make decisions in criminal cases

Three studies of attorney-client decision making were conducted in a public defender office. In studies 1 and 2 a structured interview was used to debrief attorneys regarding clients' participation in their cases. Study 1 examined a sample of 200 felony and misdemeanor cases selected prospectively and resolved by any means (92.5% by plea); study 2 examined 200 felony and misdemeanor cases resolved by trial. Study 3 involved debriefing both attroneys and clients regarding perceptions of client participation in 35 recently closed felony cases. Attorneys doubted the competence of 8%–15% of clients charged with felonies and 3%–8% of clients charged with misdemeanors. In cases involving clients of doubted competence, attorneys often responded by means other than referral to mental health professionals for competence evaluations. As compared with clients whose competence was presumed, attorneys tended to view clients whose competence was doubted as less helpful and as less actively involved in their cases, but as actively involved in making key decisions. Defendants' perceptions appeared to be roughly consistent with attorneys' perceptions, allaying concerns that attorneys' reports may be distorted in order to conform to expected norms.     

The utilization of forensic science and criminal profiling for capturing serial killers

Movies and nightly television shows appear to emphasize highly efficient regimens in forensic science and criminal investigative analysis (profiling) that result in capturing serial killers and other perpetrators of homicide. Although some of the shows are apocryphal and unrealistic, they reflect major advancements that have been made in the fields of forensic science and criminal psychology during the past two decades that have helped police capture serial killers. Some of the advancements are outlined in this paper. In a study of 200 serial killers, we examined the variables that led to police focusing their attention on specific suspects. We developed 12 categories that describe how serial killers come to the attention of the police. The results of the present study indicate that most serial killers are captured as a result of citizens and surviving victims contributing information that resulted in police investigations that led to an arrest. The role of forensic science appears to be important in convicting the perpetrator, but not necessarily in identifying the perpetrator.     

Reliability, validity, and utility of criminal profiling typologies

Criminal profiling has received attention from the academic community and from the entertainment world since the FBI first published accounts of its profiling principles. It became popular through films such as Silence of the Lambs and the X-Files making headlines. However, beyond the victims' pin pictures that help create the sensationalism in these resources, there have been few, if any, reliable criminal profiling classification designs. This work examines deductive and inductive profiling models that classify crime scene activity including the first systematic review of the FBI's organized and disorganized profiling typology. The paper concludes with a discussion about how to turn profiling from an art too more a scientific process through the use of investigative process management research.     

A neural network applied to criminal psychological profiling: an Italian initiative

The author presents a brief discussion of criminal profiling followed by an introduction to the Italian Neural Network for Psychological Criminal Profiling (NNPCP) project. This project, based on a so-called neural network and data mining, is an innovative technique being developed with the intention of extending criminal profiling to single serious crimes through the use of a computerized database.     

Intellectual abilities and motivation toward substance abuse treatment in drug-involved offenders: a pilot study in the Belgian criminal justice system

A sample of Belgian drug-involved inmates (N=116) completed the European Addiction Severity Index, the Raven Standard Progressive Matrices (SPM), and the Circumstances, Motivation, and Readiness Scales. The pilot results demonstrate that nearly 50% of the participating drug-involved offenders display low intellectual abilities (SPM score definitely below average). Legal difficulties, drug abuse, and psychological problems are identified as the most severe problem areas for the total group. The participants display low to moderately low scores regarding motivation, readiness, and external reasons to stay in or leave treatment. No to very limited correlations between motivational attributes and other variables such as the length of the prison sentence and the number of violent crimes are found. Participants with high intellectual abilities are less motivated to enter substance abuse treatment compared to their counterparts with average and low intellectual abilities. Implications for treatment are discussed.     

环境权的规范效力:可诉性和具体化

环境权的规范效力包括可诉性效力和具体化效力。可诉性效力指环境权直接作为审判依据,具体化效力指借由立法间接影响审判。国外环境权诉讼中,结合宪法环境权规范和立法的具体条款作出裁判的案例同时体现可诉性效力和具体化效力;仅以宪法环境权规范为依据的案例,只运用可诉性效力,是为环境权的自我执行。环境权的自我执行违背了形式理性优先于实质理性的原则和权力分立原则,仅在宪法司法化的国家处于环境立法体系尚未建立的阶段有必要性。宪法环境权规范没有规定法定效果,属于原则范畴,其适用方式是和其他原则进行衡量,经由具体化为立法中的规则发挥作用。审理案件时,法院应优先适用立法(具体化效力),在立法存在歧义或者冲突时,法院可以借助对宪法环境权的解释厘清立法的模糊之处(可诉性效力)。我国目前环境立法比较系统,很大程度上消解了环境权诉讼的必要性;宪法尚未司法化更是彻底否定了环境权诉讼的可行性。不过,环境权入宪仍具有积极意义。     

Developments in criminal law and criminal justice

LL.B., Victoria University of Wellington 1969; J.S.M., Stanford University 1972.     

Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

Developments in criminal law and criminal justice

Developments in criminal law and criminal justice     

Mapping the criminal mind: idiographic assessment of criminal belief systems

An idiographic procedure designed to assess the belief systems of criminal offenders is described, investigated, and clarified. This measure, the Cognitive Map of Major Belief Systems (CMMBS), assesses the five belief systems (self-view, world-view, past-view, present-view, future-view) held to occupy the higher echelons of human cognition. Modest to moderate test-retest reliability was achieved when 19 inmates, enrolled in one of three drug-counseling groups, completed the CMMBS on two separate occasions, 2 weeks apart. It was also ascertained that the drug treatment specialist who served as therapist for all three groups "blindly" matched the 19 CMMBS records to the inmates who produced them. A case study of one of the 19 participants was used to illustrate how the CMMBS is employed with individual offenders and how belief systems interact with major schematic subnetworks such as attributions, outcome expectancies, efficacy expectancies, goals, values, and thinking styles to create crime-supporting lifestyles.     

侦查思维优化路径探析

思维方法对人们的实践活动有着决定性的指导意义,侦查活动也不能离开思维而存在。侦查思维是侦查人员认识对象性世界的思维工具,也是其侦查目的得以实现的思维手段或方式。侦查人员要从思之要“远”、要“全”、要“细”、要“深”、“新”、“异”、“活”的路径着手,优化、提升思维能力。