The Role of Suggestibility in Personal Injury Claims

Interrogative suggestibility and other psychological vulnerabilities are often assessed in the forensic criminal context in disputed confession cases. Such an assessment may also be relevant in disputing the validity of a confession by a plaintiff in a tort claim. This paper will outline the relevancy of suggestibility in the personal injury context, the reasons why an individual may falsely confess, how interrogative techniques may increase the likelihood of a false confession, false confession and suggestibility research, and methodology to be used in assessing vulnerability to falsely confessing.     

The Frequency of Excess Auto Personal Injury Claims

This study analyzes auto personal injury claims across the statesto estimate the frequency of claims for nonexistent or preexistinginjuries. We develop a series of hypotheses regarding the specificclaiming patterns that would signal the presence of excess claims.We draw on a nationally representative sample of auto-accidentinjury claims closed during 1987 to test these hypotheses. Theresults strongly support the hypotheses. We conclude that approximately42% of reported soft-injury claims in the dollar-threshold andtort states are for nonexistent or preexisting injuries.     

Psychological Injury and Law: Introduction to the First Issue

In this introductory article to the special series of articles written to initiate the new journal, Psychological Injury and Law, I provide the background and impetus for this fast-growing area as a distinct field of scientific study. Professionals working in the area need to be aware of its diverse components, from evidence law and forensic psychology to disability and assessment, to its three core areas of Posttraumatic Stress Disorder and other distress, chronic pain, and traumatic brain injury, as well as issues such as malingering. I provide summaries of the articles in this special series that appear in this inaugural issue. The remaining articles of the special series of articles to introduce the journal are presented in the next two issues.     

Psychological Injury and Law: Special Issue Epilogue

To conclude the special series in the issue, which marks the end of the first volume of the journal, Psychological Injury and Law, the epilogue highlights its major goals and contributions. The special issue takes the field in more diverse directions. It demonstrates the multiple research and practice foci that are emerging in the field and its interdisciplinarity, from the law and forensics to practice and treatment. The field needs to view the person in context and not from one side or the other of the adversarial divide.     

Psychological Injury and Law: Defining a Field

This article elaborates definitional and conceptual issues relevant to the field of psychological injury and law. It reviews the literature in the major areas that mark the field—law, forensic psychology, disability, and assessment/malingering. To meet admissibility requirements of testimony in court, psychologists and other mental health professionals need to maintain a comprehensive, impartial, and scientifically informed approach to assessments based on a state-of-the-art knowledge, such as made available in this journal.     

Psychological Injury and Law: An Integrative Model

This article briefly reviews the literature on three areas of psychological injury, post-traumatic stress disorder, chronic pain, and traumatic brain injury, preparatory to presentation of an integrated biopsychosocial and forensic model of multifactorial causality. The model is the first in the field to (a) cover in one model the three types of psychological injury, (b) while including a full range of causality factors relevant to forensic psychology (such as pre-event, event-, post-event, and unrelated factors), and (c) while addressing the relevance of biopsychological and stress as a cohering factors in all conditions. (d) The model emphasizes the importance of individual differences, for example, in causality of symptom presentation. (e) The model acknowledges that in individual evaluations, psychologists need to consider threats to validity, response biases, and possible malingering, and verify whether pre-event factors fully explain post-event presentation.     

Psychological Injury and Law: Editorial on the Young and the Tested

In this editorial about our dynamic new journal and association, I describe how young professionals and students in both the mental health field and the legal profession can play a role in the association and how they can benefit from it and the journal. The association and journal are meant to serve the education and career aspirations of young people and, at the same time, we look forward to their contributions.     

Psychological Injury: Systems, Change Processes, Development

This paper presents a model of chronic pain [Young and Chapman (Pain, affect, nonlinear dynamical systems, and chronic pain: Bringing order to disorder. In G. Young, A. W. Kane, & K. Nicholson (Eds.), Causality of psychological injury: Presenting evidence in court (pp. 197–241). New York: Springer, 2007)]. It includes extensive coverage of the systems perspective. The paper expands the model to medically unexplained symptoms and provides a developmental model of how these may unfold and influence adult presentation after events such as accidents. Similarly, the model is examined for the developmental roots of personality disorder. The paper examines other threats to validity of diagnosis in cases of psychological injury.     

Psychological Injury and Law: Editorial on Practice Criteria

The area of psychological injury and law is one that is interdisciplinary, requiring knowledge in multiple areas. Psychologists should acquire the necessary background knowledge before working in it. At the same time, many clinicians encounter these types of cases. Credentialing bodies in states and provinces should consider establishing criteria for working in the area of psychological injury and law. Working groups in each jurisdiction can be established to help create these criteria. The journal Psychological Injury and Law (PIL) and its parent society, the Association for Scientific Advancement in Psychological Injury and Law (ASAPIL), can actively help the field of practicing psychology meet the objectives of this proposal.     

请求权竞合论:以诉之选择性合并为归宿

请求权竞合问题由来已久,产生于actio体制的分离过程中。为了解决这个问题,民法表现为两种态度,一者为直面之,并寻求规范适用上的先后;一者则径直加以否认,视之为基础或规范竞合。相反,在民事诉讼领域中,围绕此问题引发了旷日持久的诉讼标的论争,最后以德国采用二分肢说,日本采用一分肢说加以解决。我国实体法径直要求当事人起诉时作出选择的方法弊端丛生,诉的选择性合并理论可以提供一种最优的解决方案。     

Service Use and Needs Among Female Survivors of Intimate Partner Violence Attending Community College

Community college (CC) students make up 45% of American undergraduates, but little is known about their experiences of intimate partner violence (IPV), or accompanying service use and needs. The current study used a sequential confirmatory mixed methods design among a simple random sample of female CC students (n?=?435), of whom 112 have experienced IPV in the past 12 months. Of these IPV survivors, 20 participated in qualitative follow-up interviews. The study assess use and perceived usefulness of college and community based resources, extent of social support, and perceived need for and barriers to service access. Campus based resources were rated as more useful than community based resources. Faculty were identified as important supports for survivors. Those experiencing IPV reported lower rates of social support compared to other students. A range of supports and services were endorsed as possibly useful by survivors. Survivors need services to address life generated risks that compound barriers to college completion created by abuse. CC survivors often balance work and parenting with education, and may benefit from different services than survivors in other educational settings.     

Evaluating the Effects of Repeated Psychological Injury: an Introduction to the Special Issue

Psychological Injury and Law -     

Expert Testimony on Psychological Injury: Procedural and Evidentiary Issues

This article introduces psychologists to aspects of the legal process most pertinent to their role as expert witnesses in civil litigation. It summarizes the role of psychological evidence in the adjudication of common law tort claims, the structure of the court system, and the stages of the litigation process. It also explains the various roles a psychological expert may play during litigation and the implications of those roles for expert confidentiality and disclosure. The article then provides an overview of legal policy governing the admissibility of psychological expertise, especially as admissibility is affected by the “Daubert” standard applied in most North American courts.     

Psychotherapy for Psychological Injury: A Biopsychosocial and Forensic Perspective

This article reviews the predominant psychological approaches to therapy and other treatments in the field of psychological injury. Mostly, they concern cognitive behavior therapy and its variants. However, because of the simultaneous physical injuries or physiological effects that accompany these types of injury, practitioners should adopt an integrated biopsychosocial approach in treatment (Sperry, L., Treatment of chronic medical conditions: Cognitive-behavioral therapy strategies and integrative treatment protocols. Washington, DC: American Psychological Association, 2006; Treatment of chronic medical conditions: Cognitive-behavioral therapy strategies and integrative treatment protocols. Washington, DC: American Psychological Association, 2009). The paper presents a componential model of therapy that integrates the cognitive-behavioral, biopsychosocial, and forensic approaches. More research needs to be undertaken that takes into account the difficulties of conducting therapy with individuals who are expressing psychological injury. This will help in the quest to formulate evidence-based but flexible practice guidelines. The paper concludes with a model that may serve to scaffold the numerous psychotherapies that are available into a more coherent framework.     

Coping in Psychological Injury: A Biopsychosocial and Forensic Perspective

This paper examines stress and coping from the perspective of psychological injury, which concerns injuries attributed to an event at claim. The paper explores current conceptualizations of stress and coping and includes discussion of resilience. In particular, the paper focuses on biopsychosocial approaches, given their relevance to the area of psychological in jury and law. The paper presents a model of coping that integrates biopsychosocial and forensic aspects. As part of the model, the author develops the concept of forensic appraisals, which are particular to the area of psychological injury and law. The paper discusses implications for practice and assessment.     

Psychological Injury and Law: A Biopsychosocial and Forensic Perspective

The articles in the present special issue on the area of psychological injury and law broaden understanding of the area by considering topics outside the range of the seven major areas that mark the field. In the articles in this special issue, common themes include: (a) having comprehensive, recent literature reviews, (b) presentation of models related to psychological injury and law in which existing models are integrated, (c) integration of biopsychological and forensic perspectives, and (d) consideration of development or change processes, and examination of causality. (e) All the articles discuss possible improvements to the DSM-IV; for example, there should be a separate, sixth axis pertaining to causality.     

Psychological Injury and Law: Journal Policy on Ongoing Debates

This journal, Psychological Injury and Law, has made it a policy to publish articles that are part of ongoing debates. They might not be subject to the standard review process and are published from the perspective that the reader should decide on the merits of the science and arguments presented and that rebuttals, as well, should be allowed in order to make the best scientific case possible. In response to queries, the journal editor describes in depth the review process undertaken for Butcher et al. (Psychological Injury and Law 1(3):191–209, 2008). The journal editor indicated to the reviewers of Butcher et al. (Psychological Injury and Law 1(3):191–209, 2008), that “we let opinions stand even if we do not agree with them, checking uniquely the methodology, data, and science underlying the opinion, and let the scholar writing the rebuttal deal with any differences of opinion, also by addressing methodology, data, and science.” Ben Porath et al. (Psychological Injury and Law 2(2), 2009) have written a rebuttal of Butcher et al., equally reviewed from this perspective.     

Probation/Parole Officer Psychological Well-Being: the Impact of Supervising Persons with Mental Health Needs

Although supervising persons with mental illness can pose special challenges for community parole/probation officers (PPOs), few studies have investigated whether the number of supervisees on an officer’s caseload increases risk for poor mental health for PPOs and whether this link is due to emotional exhaustion. Using statewide survey data from 798 PPOs, we examine whether the number of supervisees on an officer’s caseload with mental health problems is associated with depressive symptoms reported the PPOs and whether this relationship is mediated by emotional exhaustion. In addition, we evaluate the potential mitigating role of both mental health services received by supervisees and officer training in mental health in the relationship between the number of supervisees on an officer’s caseload with mental health problems and emotional exhaustion experienced by PPOs. Findings reveal that PPOs with more supervisees on their caseload report significantly higher levels of depressive symptoms and that this relationship is completely explained away by emotional exhaustion. Neither mental health services received by supervisees nor officer training in mental health mitigated the link between the number of supervisees on an officer’s caseload with mental health problems and officer emotional exhaustion. This study underscores the importance of the psychological well-being of those on parole/probation for the emotional and mental health of the officers who supervise them.