ASSOCIATION OF FAMILY AND CONCILIATION COURTS WHITE PAPER GUIDELINES FOR COURT‐INVOLVED THERAPY: A BEST PRACTICE APPROACH FOR MENTAL HEALTH PROFESSIONALS

This article was written by the Honorable Linda S. Fidnick and Kelly. A. Koch, Esq. Judge Fidnick is an Associate Justice with the Hampshire Probate and Family Court. Prior to her appointment to the bench in 2008, Judge Fidnick was a partner in the Amherst law firm of Burres, Fidnick & Booth LLP, where she concentrated her practice in all areas of family law. Judge Fidnick is a graduate of Smith College and the University of Connecticut Law School, and she has been a member of the Massachusetts Bar for over thirty years. Judge Fidnick is past president of the Massachusetts chapter of the Association of Family and Conciliation Courts (AFCC) and currently serves on the national board of directors of AFCC. Judge Fidnick and Matthew Sullivan, Ph.D. are the co‐chairs of the AFCC Task Force on Court‐Involved Therapists. Attorney Koch is a graduate of Brandeis University and WesternNew England College School of Law. She served as a law clerk to the Justices of the Massachusetts Probate and Family Court and is presently an associate attorney with the Springfield, Massachusetts firm of Bulkley, Richardson and Gelinas. Matthew J. Sullivan, Ph.D. is a psychologist in private practice in California who has written articles, presented and done trainings at numerous national and international venues on interventions in high conflict divorce, Parenting Coordination and child alienation in family law cases. He currently serves on the Board of Directors at AFCC. Lyn R. Greenberg, Ph.D. is a family forensic psychologist practicing in Los Angeles, California. She serves as the reporter for the AFCC Court‐Involved Therapist Task Force and Co‐Chairs the Family Forensic Special Interest Group of Div. 43. She Co‐Chaired the APA‐ABA Working Group on Representation and Advocacy for Children. The AFCC Task Force on Court‐Involved Therapists was given the charge of defining guidelines for the professional practice of therapists working with court‐involved families. A draft of the Guidelines was presented for Comments in March 2010 and all comments were submitted to the Task Force Reporter, Lyn R. Greenberg, Ph.D. on May 1, 2010.     

Terrorism as treated by the Christian science monitor, 1977–1987

Standing uniquely apart from journalistic sensationalism in its reportage of terrorism, the Christian Science Monitor (CSM/“The Monitor”) has taken a stance of trying to keep perspective on what individual events mean in terms of a wider framework.

It is perhaps critical to state at the outset that this researcher is not of the Christian Science faith, but has been a faithful reader of the Monitor for 15 years. When approached several years ago by The Terrorism and the News Media Research Project to contribute to that scholarship, an immediate response was that her primary newspaper would be inadequate to the task. A preliminary check into the Christian Science Monitor Index confirmed that fact: there were no entries under the heading of “terrorism” for 1975, 1976, 1977, and for 1978 it directed the researcher to see “violence”.

But then some dramatic changes took place in the mid‐1980s. The newspaper was undergoing major transitions internally, and terrorism was becoming an increasingly hot topic internationally.

This paper discusses terrorism as treated by the Christian Science Monitor, 1977–1987 both quantitatively and qualitatively. The approach is to delineate some of the underpinning philosophy of the newspaper, to discuss its chronological treatment of terrorism, and then to draw some implications from the study.     

Can Courtroom Behavior Predict Recidivism? An Assessment of the Courtroom Behavior Check List for Women Presenting in Drug Court

The U.S. criminal justice system is overwhelmed with individuals affected by substance use and psychiatric disorders often co-morbid with criminal behavior. Locally, an evaluation of St. Louis downtown municipal ordinance violators found that 49 % of offenders reported mental health problems, 30 % reported alcohol-related problems, 86 % had a history of prior arrests and 71 % had failed to appear in the St. Louis City Municipal Court within the previous 2 years (Downtown St. Louis Community Court Evaluation Report, St. Louis, MO). These compounded conditions and their corresponding treatment needs are costly and complicate correctional rehabilitation efforts. Drug courts have emerged as alternative ‘therapeutic jurisprudence’ avenues designed to reduce drug use and associated individual risk behaviors. Unfortunately, there are few evidence-based measures available for rapid, onsite evaluation of an individuals’ potential for success with drug court. A new assessment tool, the Courtroom Behavior Check List (CRBCL), was developed to measure behavioral compliance in court as a predictor of future behavior, as we believed that behavior in court would predict future criminal behavior. We found scores on the CRBCL declined (e.g., improved) among the 127 women interviewed from baseline through the 8-month follow-up, and that a poorer score predicted re-arrest for a criminal offense (OR?=?2.84; 95 % CI 1.20–6.69). Based upon these findings, the CRBCL may be a useful tool to measure the likelihood of re-offending among women in drug court. Policy implications and directions for future research are discussed.     

Jurors’ reactions to recanted confessions: Do the defendant's personal and dispositional characteristics play a role?

Abstract

Confession evidence presented at trial is extremely damaging to the defense. This study examines the impact of a recanted confession on jurors’ perceptions of a murder case in which the defendant claimed to have falsely confessed due either to an underlying medical condition, a psychological disorder, or the general stress of the interrogation. Also included were an inadmissible confession condition and a no-confession control condition. Results showed that the impact of the confession was mediated in part by the circumstances surrounding it. Although probability-of-commission estimates were as high in all of the conditions involving a confession, conviction rates were marginally higher when the disputed confession involved mental illness or interrogation-induced stress than when there was no confession, yet did not differ when the disputed confession involved a medical disorder or there was no confession. These findings show that not all recanted confessions are treated equally and that people selectively discount confessions depending on biases and beliefs they hold.     

The process of change in offender rehabilitation programmes

Abstract

Whilst the overall effectiveness of offender rehabilitation programmes in reducing recidivism is now well established, there has been less discussion of the reasons why rehabilitation programmes may be unsuccessful for some offenders. In this paper we suggest that models of change developed in counselling and psychotherapy may have utility in explaining how offender rehabilitation programmes bring about change, and argue that the dominance of cognitive–behavioural treatments in the rehabilitation field means that those offenders who have particularly low levels of problem awareness may be at increased risk of treatment failure. Understanding more about the mechanisms by which programmes help offenders to desist from offending is likely to lead to the development of more responsive and, ultimately, more effective programmes. Some suggestions for those involved in the delivery of offender rehabilitation programmes include: being mindful of the sequence of components of programmes, the development of preparation (or readiness) programmes and offering a broad suite of programmes to cater for different stages of problem awareness and assimilation among offenders.     

Does devolution make a difference? Legislative output and policy divergence in Scotland

Devolution provides large scope for Scotland to make its own policy. Primary legislation is one measure of this. Scottish legislation before devolution tended to replicate measures for the rest of the United Kingdom, with differences of style. Scottish legislation in the first four-year term of the Parliament shows a big increase in output. There is an autonomous sphere, in which Scotland has gone its own way without reference to the rest of the UK. In other areas, there is evidence of joint or parallel policy-making, with Scottish legislation meeting the same goals by different means. Finally there is a sphere in which Scottish legislation is essentially the same as that in England and Wales. Sewel motions have not been used to impose policy uniformity on Scotland. There is evidence that devolution has shifted influence both vertically, between the UK and Scottish levels, and horizontally, within a Scottish legislative system that has been opened up.     

Citizens’ knowledge and perceptions of legislatures in Canada,Britain and the United States

This study has two major parts. The first uses survey data to reveal what citizens in Britain, Canada and the United States know about their national legislatures and what factors ‐ including cognitive ability, opportunity, motivation and media exposure ‐ affect that knowledge. We find that US citizens are the least knowledgeable. The second part of the study looks at whether the level of knowledge in each country has any importance for understanding levels of public support for the national legislature. In the United States, the more knowledgeable citizens are less likely to support Congress, in sharp contrast to the tendency of knowledgeable Canadian citizens to be more supportive of their parliament. Knowledge is not a significant predictor of support in the British model. Some implications of the findings are discussed.     

Sexual Harassment, PTSD, and Criterion A: If It Walks Like a Duck …

Sexual harassment and posttraumatic stress disorder (PTSD) are two topics that generate heated debate in the social science literature. When the two are combined in the civil litigation context, the intensity of the debate is heightened by the adversarial context of the courts. The current paper examines research on both sexual harassment and PTSD separately, before addressing the issues that arise for psychologists and psychiatrists who serve as expert witnesses in sexual harassment litigation. Proposed resolutions of controversies are offered that attempt to expand the knowledge base for expert witnesses on the topic of sexual harassment as well as work within the current Diagnostic and Statistical Manual (DSM-IV-TR; American Psychiatric Association 2000) framework of PTSD.