The false memory syndrome: Clinical/legal issues for the prosecution

Early trauma, especially alleged recollected sexual or ritualistic abuse, has dominated both the clinical and legal systems recently. The clinical/legal challenge is to discern between true abuse and false memories. Modern medical technology has provided new insights into the operation of the brain along with the central and peripheral nervous systems and their relationship to the endocrine system. We now have a better understanding of how our system processes trauma and severe anxiety. An understanding of trauma recollection and client's susceptibility to causal suggestions from the neuropsychological perspective is crucial when these types of abuses are alleged.     

Deflecting Stereotype Threat Through Downward Comparison: When Comparison with Immigrants Boosts the Performance of Stigmatized Native Students

Two experiments examined the effect of comparison with immigrants on the intellectual performance of stigmatized native students (i.e., women and students from low socioeconomic backgrounds). It was predicted that such a comparison may boost the test performance of both groups of students rather than comparison with their counterparts who are not stigmatized. In line with this hypothesis, we found that female European students (Study 1) performed better on a math test when they were led to compare with a female immigrant rather than with another female European student. Study 2 replicated this finding in regard to the performance of native students with low socioeconomic status on a general intelligence test. Results are discussed in terms of stereotype susceptibility predicaments and their implications for native-immigrant performance gaps.     

Mental disorders and cognitive impairment in ageing offenders

The aim of our study was to identify psychiatric and cognitive disorders among older prison inmates and to investigate whether there is an association between mental disorders and cognitive impairment. 138 men aged 50 and over were recruited in seven French prisons (Group 1) and 138 men aged 50 and over were recruited from the general public (Group 2). Participants were assessed using the Mini International Neuropsychiatric Interview, the Mini Mental State Examination, and the Frontal Assessment Battery. The results reveal very significant differences in the incidence of mental disorders and in cognitive performance between the two groups. However, there does not appear to be a significant link between mental disorders and cognitive performance. We discuss the risk factors for mental disorders and cognitive impairment. We raise particularly the issue of depression, which is the most common pathology in this population and which is generally associated with the risk of suicide.     

Forensic mental health assessment in France: Recommendations for quality improvement

The quality of forensic mental health assessment has been a growing concern in various countries on both sides of the Atlantic, but the legal systems are not always comparable and some aspects of forensic assessment are specific to a given country. This paper describes the legal context of forensic psychological assessment in France (i.e. pre-trial investigation phase entrusted to a judge, with mental health assessment performed by preselected professionals called “experts” in French), its advantages and its pitfalls. Forensic psychiatric or psychological assessment is often an essential and decisive element in criminal cases, but since a judiciary scandal which was made public in 2005 (the Outreau case) there has been increasing criticism from the public and the legal profession regarding the reliability of clinical conclusions. Several academic studies and a parliamentary report have highlighted various faulty aspects in both the judiciary process and the mental health assessments. The heterogeneity of expert practices in France appears to be mainly related to a lack of consensus on several core notions such as mental health diagnosis or assessment methods, poor working conditions, lack of specialized training, and insufficient familiarity with the Code of Ethics. In this article we describe and analyze the French practice of forensic psychologists and psychiatrists in criminal cases and propose steps that could be taken to improve its quality, such as setting up specialized training courses, enforcing the Code of Ethics for psychologists, and calling for consensus on diagnostic and assessment methods.     

Concealed information under stress: A test of the orienting theory in real‐life police interrogations

Purpose. The concealed information test (CIT) is a polygraph test that assesses recognition of critical (e.g., crime) information. Laboratory studies showing stronger heart rate deceleration to concealed compared to control information indicate that the orienting response (OR) accounts for responding in the CIT. An important restriction to these findings is that laboratory circumstances impose little or no stress on the examinees, and that under real‐life stress defensive responding may occur. Method. To examine the validity of the CIT under realistic stress, we analysed the data from 65 card tests conducted during real‐life police polygraph interrogations. Results. Baseline heart rate was higher than that observed in the laboratory, confirming that the situation was stress inducing. As in the laboratory, the concealed cards elicited greater heart rate deceleration compared to the control cards. Conclusions. The data support the OR theory of the CIT under real‐life stress.     

Adaptations of Aboriginal justice in the United States

Aboriginal justice in the United States is unique for two reasons. First, Aboriginal Natives subscribed to the Harmony Ethos, a system whereby Natives did not detach themselves from nature. Unlike Western cultures, they lived cooperatively with ‘Mother Earth’, ‘Father Sky’ and everything these two entities represented. Secondly, no other group in US history has been subjected to the magnitude of deliberate policies aimed at their destruction. Manifest physical genocide towards Native peoples was exercised and sanctioned by the US government until the 1890s while the more subtle practice of ‘cultural genocide’ continues to the present. Yet, in spite of these assaults on Native culture, attributes of their Aboriginal ways have not only survived but have experienced a resurgence within the past decade. Unfortunately, it appears that the more Native traditions survive, the more adamant are local, state, and federal efforts towards destroying any remnants of traditional values and customs including tribal autonomy.