Forensic Psychology (BPS Textbooks in Psychology) 2nd Edition

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Updated to reflect recent changes in the field, the 2nd Edition of Forensic Psychology presents a comprehensive overview of forensic psychology and its applications in the civil and criminal justice systems of the UK. Builds on the first edition to convey material in an engaging manner to postgraduate students in psychology Includes a significant expansion of pedagogical features, including text boxes highlighting key seminar issues and key debates in the field to further group discussion Provides an up-to-date summary of emerging evidence in the field, and its implications for evidence based practice Points to additional online learning resources at the conclusion of each chapter

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Forensic Psychology

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BPS Textbooks in Psychology BPS Wiley presents a comprehensive and authoritative series covering everything a student needs in order to complete an undergraduate degree in psychology . Refreshingly written to consider more than North American research this series is the first to give a truly international perspective. Written by the very best names in the field the series offers an extensive range of titles from introductory level through to final year optional modules and every text fully complies with the BPS syllabus in the topic. No other series bears the BPS seal of approval Many of the books are supported by a companion website featuring additional resource materials for both instructors and students designed to encourage critical thinking and providing for all your course lecturing and testing needs. For other titles in this series please go to http://psychsource.bps.org.uk.

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v Forensic Psychology Second Edition EdiTEd B y d avid a . CrighT on graham J. Towl

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This second edition first published 2015 by the British Psychological Society and John Wiley Sons Ltd. © 2015 John Wiley Sons Ltd. Edition history: Blackwell Publishing Ltd. 1e 2010 Registered Office John Wiley Sons Ltd. The Atrium Southern Gate Chichester West Sussex PO19 8SQ UK Editorial Offices 350 Main Street Malden MA 02148‐5020 USA 9600 Garsington Road Oxford OX4 2DQ UK The Atrium Southern Gate Chichester West Sussex PO19 8SQ UK For details of our global editorial offices for customer services and for information about how to apply for permission to reuse the copyright material in this book please see our website at www .wiley .com/wiley‐blackwell. The right of David A. Crighton and Graham J. Towl to be identified as the authors of the editorial material in this work has been asserted in accordance with the UK Copyright Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced stored in a retrieval system or transmitted in any form or by any means electronic mechanical photocopying recording or otherwise except as permitted by the UK Copyright Designs and Patents Act 1988 without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names service marks trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. Limit of Liability/Disclaimer of Warranty: While the publisher and authors have used their best efforts in preparing this book they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. It is sold on the understanding that the publisher is not engaged in rendering professional services and neither the publisher nor the author shall be liable for damages arising herefrom. If professional advice or other expert assistance is required the services of a competent professional should be sought. Library of Congress Cataloging‐in‐Publication Data Forensic psychology Towl Forensic psychology / edited by David A. Crighton and Graham J. Towl. – 2nd edition. p. cm. Includes bibliographical references and index. ISBN 978-1-118-75778-9 pbk. I. Crighton David A. 1964– editor. II. Towl Graham J. editor. III. British Psychological Society issuing body . IV . Title. DNLM: 1. Forensic Psychiatry–methods–Great Britain. 2. Crime–psychology–Great Britain. 3. Criminals–psychology–Great Britain. W 740 RA1148 614′.15–dc23 2014048411 A catalogue record for this book is available from the British Library . Cover image: Statue of Lady Justice with retro effect © Rob Wilson / Shutterstock Set in 11/12.5pt Dante by SPi Publisher Services Pondicherry India 1 2015 The British Psychological Society’s free Research Digest e‐mail service rounds up the latest research and relates it to your syllabus in a user‐friendly way . To subscribe go to www.researchdigest.org.uk or send a blank e‐mail to subscribe‐rdlists.bps.org.uk.

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List of Contributors xix 1 Introduction 1 Graham J. Towl and David A. Crighton Justice 2 Expert Controversies 3 Thinking about Human Rights and Ethics 4 Developmental Perspectives 5 Investigation and Prosecution Issues 8 Psychological Assessment 8 Critical Psychology 9 Substance Use 11 Early Intervention 11 Justice Restored 12 References 12 PART I InvesTIgATIve PRACTICe 15 2 The Justice System in England and Wales: A Case Study 17 David Faulkner What Justice Means 17 The Criminal Justice System 17 What is a Crime 18 Measurement of Crime 19 The Criminal Justice Process 19 The Sentencing Framework 21 The Criminal Courts 22 Magistrates’ courts 22 Youth courts 22 The Crown Court 22 The High Court 22 The Court of Appeal Criminal Division 23 The Supreme Court 23 Police and Policing 23 The Crown Prosecution Service 24 Prisons and the Prison Service 24 Probation 25 Youth Justice 25 Home Office 26 Ministry of Justice 26 Law Officers 27 Other National Bodies 27 Contents

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Contents vi Some Special Subjects 27 Victims of crime 27 Restorative justice 28 Race and racism 28 Conclusions 29 Notes 29 Further Reading 30 References 30 3 Offender Profiling 33 David A. Crighton Introduction 33 Historical Development 33 Approaches to Offender Profiling 35 Diagnostic evaluation 35 Criminal investigation analysis 35 Crime action profiling 35 Investigative psychology 35 Recent Developments 36 Profiling Databases 37 Child Abduction and Serial Murder Investigative Resources Center CASMIRC 37 Violent Criminal Apprehension Program ViCAP 37 Violent and Sexual Offender Register ViSOR 37 The Evidence Base for Profiling 37 Practice Issues 40 Conclusions 41 Notes 42 Further Reading 42 References 42 4 Eyewitness Testimony 45 Lorraine Hope Eyewitness Identification Performance 45 The Witnessed Event 46 Witness factors 46 Perpetrator factors 47 Situational factors 48 Between the Witnessed Event and Identification Task 49 Retention interval 49 Post‐event misinformation 49 Intermediate Recognition Tasks 50 Mug shots 50 Composite production 50 The identification task 50 Pre‐lineup instructions 51 Lineup composition 51 Investigator bias 51 Lineup procedure: Comparing absolute and relative judgements 52 Post‐identification feedback 52 Is confidence related to accuracy 53

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contents vii Identifications from CCTV 53 Is eyewitness identification evidence reliable 55 Procedural Guidelines Relating to Suspect Identification in the United Kingdom 55 The Eyewitness in Court 56 Conclusions 57 Further Reading 57 References 58 5 Jury Decision‐Making 65 Andreas Kapardis Introduction: The Jury Idea 65 The Notion of an Impartial and Fair Jury: A Critical Appraisal 66 Arguments against jury trials 66 Arguments in favour of jury trials 66 Methods for Studying Juries/Jurors 67 Archival research 67 Questionnaire surveys 67 Mock juries 67 Shadow juries 68 Post‐trial juror interviews 68 Books by ex‐jurors 68 Selecting Jurors 68 Pre‐Trial Publicity 69 The reported importance of juror characteristics 69 Juror Competence 70 Comprehending evidence 70 Understanding and following the judge’s instructions/the jury charge 71 The jury foreperson 71 Jury deliberation 71 Defendant characteristics 72 Victim/plaintiff characteristics 72 Lawyer and judge characteristics 72 Hung Juries 73 Models of Jury Decision‐Making 73 Reforming the Jury to Remedy Some of its Problems 73 Alternatives to Trial by Jury 73 Conclusions 74 Notes 74 Further Reading 75 References 75 6 Assessment 81 David A. Crighton Conceptual Issues in Assessment 81 Classification 82 Dimensional approaches 83 Diagnosis and formulation 84 Assessment 84 Hypothesis formulation 84 Psychodynamic theory 85

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Contents viii Cognitive behavioural theory CBT 86 Systemic theory 86 Social inequalities theory 87 Integrative theories 88 Data Gathering 88 Interviews 88 Psychometric assessments 89 Test theory 90 Data Analysis 90 Reliability 90 Validity 90 Criterion‐related validity 91 Content validity 91 Construct validity 91 Specificity sensitivity and power 91 Base rates 91 Normality judgements 92 Deficit measurement 92 Single case analysis 92 Clinical Judgements and Biases 92 Conclusions 93 Notes 94 Further Reading 94 References 94 7 Risk Assessment 97 David A. Crighton Key Legal Issues 97 Key Principles in Risk Assessment 98 Approaches to risk assessment 98 Risk Assessment Instruments 100 Critical Issues in Risk Assessment 103 Acceptable risk and rare catastrophic failures 106 Conclusions 107 Notes 108 Further Reading 108 References 109 PART II WoRkIng WITh offendIng PoPuLATIons 113 8 The Developmental Evidence Base: Neurobiological Research and Forensic Applications 115 Robert A. Schug Yu Gao Andrea L. Glenn Melissa Peskin Yaling Yang and Adrian Raine The Developmental Evidence Base: Neurobiological Research 115 Genetics 116 Neuroimaging 116 Neurology 118 Neuropsychology 119 Verbal and spatial intelligence 119 Executive functioning 119 Biological versus social influences 120

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contents ix Psychophysiology 121 Heart rate 121 Skin conductance 121 Electroencephalogram and event‐related potentials 122 Endocrinology 123 Moral Development 124 Nutrition 124 Forensic Applications of Developmental Neurobiological Research 125 Lie detection 126 Legal and judicial process 126 Assessment 127 Diagnostic identification 127 Treatment 127 Intervention 127 Dangerousness and risk prediction 128 Conclusions 128 Further Reading 129 References 129 9 The Developmental Evidence Base: Prevention 141 David P . Farrington Introduction 141 Risk‐focused prevention 141 What is a risk factor 142 Cost–benefit analysis 142 Family‐Based Prevention 143 Home visiting programmes 143 Parent management training 143 Other parenting interventions 144 Multi‐Systemic Therapy 145 Is family‐based intervention effective 145 School‐Based Prevention 145 Preschool programmes 146 School programmes 146 Anti‐bullying programmes 147 Peer Programmes 148 Skills Training 149 Communities that Care 150 Recent UK Developments 151 Conclusions 152 Further Reading 154 References 154 10 The Developmental Evidence Base: Psychosocial Research 161 David P . Farrington Introduction 161 Individual Factors 163 Temperament and personality 163 Hyperactivity and impulsivity 164 Low intelligence and attainment 165 Low empathy 166

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Contents x Family Factors 166 Child‐rearing 166 Teenage mothers and child abuse 167 Parental conflict and disrupted families 168 Criminal parents 169 Large family size 170 Social Factors 171 Socio‐economic deprivation 171 Peer influences 171 School Influences 172 Community Influences 173 Conclusions 174 Further Reading 174 References 175 11 The Developmental Evidence Base: Desistance 183 Lila Kazemian and David P . Farrington Current State of Knowledge on Desistance 183 Social predictors of desistance 183 Cognitive predictors of desistance 186 Genetic factors and desistance 190 Summary 190 Unresolved Issues in Desistance Research 190 Defining and measuring desistance 190 False desistance 191 Desistance as a process 191 Within‐individual versus between‐individual predictors of desistance 191 Self‐selection and sequencing 192 Conclusions 193 Policy relevance of desistance research 193 Next steps in desistance research 193 Further Reading 194 References 194 12 Crisis Negotiation 201 David A. Crighton Conceptual Issues in Crisis Negotiation 201 Types of critical incidents 202 To Negotiate or Not to Negotiate 204 Goals of Crisis Negotiation 204 Calming the situation 204 Process of crisis negotiation 205 Communication and rapport building 205 Listening 205 Showing empathy 205 Building rapport 206 Developing influence 206 Gathering intelligence 206 Crisis Negotiation and Terrorism 206 Applying Principled Negotiation during Terrorist Incidents 207 The Process of Negotiation with Terrorists 208 The Experience of Hostages 208

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contents xi Crisis Negotiation–The Evidence 209 Conclusions 211 Notes 211 Further Reading 212 References 212 13 Aspects of Diagnosed Mental Illness and Offending 215 David Pilgrim The Social Context of Rule Transgressions: Normal and Abnormal Offenders 215 Penal and psychiatric jurisdiction of mentally abnormal offenders 216 Overlaps and Tensions between Psychiatric and Psychological Knowledge 217 Psychological encounters with ‘mental illness’ in forensic settings 217 The traditions of psychiatric and psychological knowledge 218 The emergence of the biopsychosocial model and neo‐Kraepelinian retrenchment 219 Psychological and Psychiatric Approaches to Mental Illness in Forensic Settings 220 The Problematic Relationship between Diagnosed Mental Illness and Risk 221 ‘Dual diagnosis’ or ‘comorbidity’ 221 Mental illness and risk to others 222 Conclusions 223 Further Reading 224 References 224 14 Intellectual Disability: Assessment 227 William R. Lindsay and John L. Taylor The Context of Practice in Forensic Learning Disabilities 227 Mental Health Legislation 228 Learning Disability and Crime 229 Pathways into and through offender services 231 Childhood adversity and behaviour problems 232 Adult psychiatric disorders 233 Specific offence types and pathways into services 234 Applications of Psychology to Processes within the Justice System 235 The process of police interview 236 The legal process and offenders with ID 236 Working with Offenders with ID 237 Assessment issues 237 Assessment of anger and aggression 239 Assessment for sexual offenders 240 Assessment of fire raising 241 Risk assessment 242 The role of dynamic risk assessment in the management of offenders with ID 243 Conclusions on Assessment 244 Further Reading 245 References 245 15 Intellectual Disability: Treatment and Management 253 William R. Lindsay John L. Taylor and Amanda Michie Treatment for Specific Needs 254 Aggression 254 Sexual offending 255 Interventions for other offence‐related problems 259 Conclusions 260

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Contents xii Further Reading 261 References 261 16 Personality Disorders: Assessment and Treatment 265 Conor Duggan and Richard Howard Issues Surrounding the Concept of PD 265 What is ‘personality disorder’ 265 Problems with assessing PD 268 Methods of assessing PD 268 Measures of Interpersonal Style 270 Practical Considerations 271 Summary: Assessment of PD 271 Procedural Recommendations in Assessing PD 272 Treatment of PD: Some Caveats 272 Treatment Issues 273 Dealing with drop‐outs from treatment 274 Predicting and preventing drop‐out 275 Managing ruptures in the therapeutic relationship 275 Current Issues in the Assessment and Treatment of PD 275 Notes 276 Further Reading 276 References 277 17 Personality Disorders: Their Relation to Offending 281 Richard Howard and Conor Duggan Is Personality Disorder Linked to Offending 281 How is Personality Disorder Linked to Violence 282 Is ‘Psychopathy’ Related to Violence 283 Subtypes of ‘psychopath’ 284 A caveat 284 Towards a Model of Personality Disorder and Violence 285 Current issues 287 Notes 287 Further Reading 287 References 288 18 Beyond ‘Disorder’: A Psychological Model of Mental Health and Well‐Being 291 Peter Kinderman Drop the Language of Disorder 291 Reliability 292 Validity 293 ‘Oppositional Defiant Disorder’ … Really 293 Moving Beyond the Concept of ‘ Abnormality’ 294 There is an Alternative to Diagnosis 295 Operationally Defined Problem Lists 295 The Drugs Do Not Work 296 Coercion 296 Prevention 296 Pathways to Mental Health 298 A Psychological Model of Mental Health and Well‐Being 298 Notes 299 Further Reading 299 References 299

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contents xiii 19 Substance Use Disorders 301 Michael Gossop Consumption Behaviours Problems and Dependence 301 Drugs and Crime 302 Assessment of Substance Use Disorders 303 Management of Detoxification 303 Heroin and other opiates 304 Stimulants 304 Alcohol 304 Multiple drug detoxification 304 The management of withdrawal in custody 304 Treatment 305 i Motivation and coercion 305 ii Treatment interventions 305 iii Effectiveness of treatment 308 Further Complications 309 Psychiatric comorbidity 309 Suicide 310 Physical comorbidity 310 Overdose 311 Notes 311 Further Reading 311 References 312 20 Suicide and Self‐Injury in Prisoners 315 Tammi Walker Context 315 Background 315 The Prison Population and Suicide 316 Suicide in Remand Prisoners 316 Suicide in Sentenced Prisoners 317 Suicide in Young Prisoners 318 Suicide in Released Prisoners 318 Suicide in Women Prisoners 319 Limitations of Suicide Research in Prison Settings 319 Psychosocial and Situational Risk Factors for Suicide Common to Prisons 320 Self‐Injury in Prisoners 320 Risk Factors for Self‐Injury in the Prison Population 321 Current Interventions and Treatments in Custody 322 Prison Staff Responses to Prisoners at Risk of Harm to Self 323 Conclusion 324 Further Reading 325 References 325 21 Working with Children and Adolescents with Harmful Sexual Behaviour 329 Jackie Walton Definitional Issues and the Use of Language 329 Historical Context Setting 330 Incidence rates 331 Assessment and Treatment Interventions with Adolescents 331 Assessment and Treatment Work with Children 334

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Contents xiv Key issues to consider in assessments of children 336 Key issues to consider in treatment programmes developed for children 336 Conclusions 337 Further Reading 337 References 338 22 Sexually Harmful Adults 341 Belinda Brooks‐Gordon Who and What is a Sexually Harmful Adult 341 Prevalence and Incidence of Sexually Harmful Behaviours 341 Theories of Sexually Harmful Behaviour 342 ‘Four Preconditions’ model Finkelhor 1984 342 Quadripartite model Hall Hirschman 1992 342 Integrated theory Marshall Barbaree 1990 342 Pathways model Ward Siegart 2002 343 Confluence model of sexual aggression Malamuth Heavey Linz 1993 343 Evolutionary theory of sexual offending Thornhill Palmer 2000 343 Assessing the Risk of Sexually Harmful Adults 343 Interventions for Sexually Harmful Adults 344 Measuring Interventions 345 Past Meta‐Analyses of Interventions with Sexually Harmful Adults 345 Improving the Quality of Treatment Outcome 347 Cluster Randomization 347 When the ‘Sex Offender’ is Not Sexually Harmful 348 The Politicization of Sexual Harm 348 Sexual Harm and the Culture of Fear 349 Institutionalization of the vetting of adults with CRB checks 349 Conclusions 350 Notes 350 Further Reading 350 References 351 23 Gang Members: Group Processes and Social Cognitive Explanations 353 Jane L. Wood Gang Membership 353 Gang Members: Delinquency Levels 353 Becoming a Gang Member: Group Processes 355 Gang Identity and Identifying with the Gang 355 Conformity Pluralistic Ignorance and Cohesion 356 Intergroup Conflict and Status Enhancement 357 Being a Gang Member: Social Cognitive Processes 359 Moral Disengagement 359 Offence Supportive Cognitions 360 Rumination Displaced Aggression and Entitativity 361 Rumination 362 Displaced aggression 363 Entitativity 363 Conclusions 364 Further Reading 364 References 365

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contents xv 24 Genocide and Hate Crime 369 William Jacks and Joanna R. Adler What is Genocide 369 What is Hate Crime 371 Definitions 372 Prevalence 372 Psychological Explanations of Genocide and Hate Crime 373 Origins of prejudice: conflict and hardship 374 Nurturing Prejudice: Demonizing and Degrading the Out‐Group 374 Hate Crime: Beyond Group Explanations 375 Acting Out Prejudices: Psychological Processes that Facilitate Violence in Genocide 376 Passive Bystanders 376 Leaders 377 Doubling 377 Characteristics of Cultures Disposed to Genocide and Hate Crime 377 Triggering event 377 Rehabilitation of Hate Crime Offenders 378 Preventing Genocide 379 Summary 380 Notes 380 Further Reading 380 References 381 25 Restorative Justice as a Psychological Treatment: Healing Victims Reintegrating Offenders 385 Lawrence W . Sherman and Heather Strang Introduction 385 Varieties of Restorative Justice 386 RJ methods 386 Stages of criminal process 387 Other institutions 387 Theories of Change for Victims and Offenders 388 PTSD for victims and offenders 388 Reintegrating offenders 389 Interaction ritual for all participants 389 Delivering RJ Conferencing 389 Who does RJ best Police versus others 389 Access referral recruitment and consent 390 Preparation and delivery – in and out of prison 390 Aftermath and follow‐up 391 Research on Restorative Justice: The Gold Standard 391 The science of randomized trials 391 The ethics of randomized trials 392 Outcome measures costs and benefits 392 Effects of RJ Conferencing on Offenders 394 Overall effects on crime 394 Differences by offence types 394 Differences by offender characteristics 394 Diversion versus supplementation 395 Offences brought to justice 395

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Contents xvi Effects of RJ Conferencing on Victims 396 Satisfaction with justice 396 Revenge 397 Post‐traumatic stress 397 Long‐term effects on victims 397 Evidence on Other RJ Options 397 Reconviction 397 Victim benefits 398 RJ and Forensic Psychology 398 Opportunities for RJC 398 Arguments against RJC 398 The role of forensic staff 398 Notes 399 Further Reading 399 References 401 PART III eThICAL And LegAL Issues 403 26 Ethical Issues in Forensic Psychological Policy and Practice 405 Graham J. Towl Philosophical Roots 405 Ethical Guidance for Professionals 407 APA ethical guidance 408 APA Speciality Guidelines for Forensic Psychology 2013 408 The Psychological Society of Ireland PSI Code of Professional Ethics 408 British Association for Counselling and Psychotherapy – Ethical Framework for Good Practice 409 in Counselling Psychotherapy Health and Care Professions Council HCPC Standards of conduct performance and ethics 2012 410 The British Psychological Society BPS Code of Ethics and Conduct 2009 410 Specialist BPS forensic guidance 411 Power Relationships 411 Conclusions 412 Further Reading 412 References 413 27 Risk and Resilience 415 Graham J. Towl The Concept of Risk in Forensic Psychological Policy and Practice 416 Do We Need to Think More about Ethical Issues in Risk Assessment 417 Risk and Resilience 420 Biases in Human Decision‐Making 421 Implications for Future Forensic Practice: Risk and Resilience 422 Further Reading 423 References 423 28 Structural Violence in Forensic Psychiatry 425 Brian A. Thomas‐Peter Suffering in Forensic Psychiatry 426 Inquiries into Harm Done to Patients 427

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contents xvii Major Inquiries: Lessons Learned and Not Learned 427 Incidents Complaints and Root Cause Analysis 430 Conclusion 434 Notes 434 Further Reading 435 References 435 29 Concluding Themes: Psychological Perspectives and Futures 437 Graham J. Towl Introduction 437 Contextual Themes 438 Psychological Perspectives 440 Futures 441 References 442 Index of names 443 Index of subjects 453

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Editors David A. Crighton EBR Associates Durham University and University of Roehampton Graham J. Towl Durham University Contributors Joanna R. Adler Middlesex University Belinda Brooks‐Gordon Birkbeck University of London Conor Duggan University of Nottingham David P . Farrington University of Cambridge David Faulkner University of Oxford Yu Gao University of Southern California Andrea L. Glenn University of Southern California Michael Gossop Bethlehem Hospital and Institute of Psychiatry Kings College London Lorraine Hope University of Portsmouth Richard Howard University of Nottingham William Jacks Middlesex University Andreas Kapardis University of Cyprus Lila Kazemian John Jay College of Criminal Justice City University of New York Peter Kinderman University of Liverpool William R. Lindsay Danshell Ltd and University of Abertay Amanda Michie NHS Lothian Edinburgh Melissa Peskin University of Southern California David Pilgrim University of Liverpool Adrian Raine University of Pennsylvania Lawrence W. Sherman University of Cambridge Robert A. Schug University of Southern California Heather Strang University of Cambridge John L. Taylor Care Principles Ltd and University of Northumbria Brian A. Thomas‐Peter Douglas College Canada Jackie Walton Consultant in Child and Adolescent Psychotherapy Durham United Kingdom Tammi Walker Victoria University of Manchester and Bradford University Jane L. Wood University of Kent Y aling Y ang University of California Los Angeles List of Contributors

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Forensic Psychology Second Edition. Edited by David A. Crighton and Graham J. Towl. © 2015 John Wiley Sons Ltd. Published 2015 by British Psychological Society and John Wiley Sons Ltd. 1 Since the publication of the first edition of this book there has been a sustained growth in the academic base of forensic practice which continues to be seen in the availability and popularity of both undergraduate post- graduate courses The popularity of the term ‘forensic’ has continued to be juxtaposed with a range of areas of academic study including anthropology archaeology computing engineering investigation measurement psychobiology psychology and science UCAS 2014. This is also evident in much professional practice. In the field of health this has been seen in the development of forensic psychiatric nursing psychiatry occupational therapy and social work. It has also been seen more widely with the development of areas such as forensic accountancy forensic computing and many others. There have been a number of significant changes and developments in forensic psychological practice in recent years. The growth in the number of posts in health and criminal justice has slowed internationally. The United Kingdom provides a good illustration of these devel- opments and the flattening of the total number of psychological staff employed in prisons probation and secure health settings has continued here. This in part reflects a change in UK government policies and in par- ticular the cutting back of public services but it also reflects some of the disappointing evaluation results from interventions aimed at addressing the so called ‘dangerous severe personality disorder’ and also areas such as sex offender treatment interventions too. There has been a growth of practice in other settings with an increasing breadth of the areas where forensic psychol- ogy is applied. This has included development of work in the courts as well as in areas such as investigation and policing. This has been matched by continued growth in the higher education sector to accommodate new courses and the growth of post‐qualification professional training. There has also been a concomitant expansion in the breadth and depth of academic work Crighton T owl 2008 T owl Farrington Crighton Hughes 2008. As noted in the first edition not all of the developments in forensic psychology have been positive and at that time we observed an increasingly restricted and narrow focus of practice and the restriction of theoretical per- spectives. There has in our view been something of a divergence within forensic psychology since then with some areas seeing positive developments and others becoming more restricted. In areas such as what might broadly be termed ‘community approaches’ there has been a marked growth in the quality of practice and the range of perspectives seen. For example the growth internationally in earlier years’ interventions were based in large part on the influential work of David Farrington see Chapters 9 and 10 in this volume. There has also been a notable extension to areas that in the past psy- chologists had little to say about – such as socio‐political violence. In this volume for example see the work of Brian Thomas-Peter Chapter 28 and also Joanna Adler Chapter 27. By contrast the types of work conducted in correctional settings such as prisons and secure hospitals have continued to largely stagnate especially perhaps in view of some of the disappointing results from some international evaluation studies. The over‐ investment in cognitive behavioural group work designed with the aim of reducing the risk of re‐offending in convicted groups has continued. Such work has become increasingly standardized manual‐based and also mandated and duly marketed. Examples here would be the development of sexual predator treatment programmes in prisons in the United States Marques Wiederanders Day Nelson V an Ommeren 2005 but the approach has been replicated to a greater or lesser extent in other correctional contexts. For the previous edition we sought to draw together a textbook aimed chiefly but not exclusively at those engaged in forensic practice. That continued to be a major aim of the text here too but as previously we have Introduction Graham J. Towl and d avid a. C riGhT on

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graham j. towl and david a. crighton 2 been keen to reflect a range of ‘voices’ and perspectives. Our second aim was to continue to offer a constructively critical analysis of forensic psychology covering the field in breadth and also depth. In seeking to do this we have divided the text into three sections although any such division is necessarily subject to significant overlaps and this text is no exception to that. We begin by looking at the legal context and in particular go on to elaborate what may be termed ‘investigative practice’ and cover some of the main ways in which psychology contributes to detection and prosecution. This is followed by a section on working with offending populations covering adults and children and looking at the various ways in which psychology may be applied to working with offenders. The final section goes on to address a number of the professional legal and ethical issues that arise in forensic psychology . In covering these areas we have not sought to simply produce a bland recitation of current practice – there are a number of sources that the reader could seek such an overview from. We have rather engaged with the controversies and challenges seen when psychology is applied to areas that are often socially and politically contentious. justice The justice system in England and Wales is used as an exemplar of such systems internationally and provides a starting point setting the scene for many of the activities and interests of forensic psychologists. This begins with an initial exploration of what justice means. Such think- ing and reflection are perhaps a helpful starting point when considering the ethical underpinning for much of forensic psychology whether as an area of academic study or professional practice. After outlining some key developments over the past century or so in the criminal justice system consideration is given to what a crime is. Forensic psychology can potentially derive great benefit from a fuller understanding of such philosophical social policy and criminological perspectives. It is often in ask- ing the most fundamental questions that some of the most fruitful hypotheses can be developed. Scientifically the methods that are used to collect data on crime will clearly be important in informing our understanding of criminal behaviour for example in understanding the prevalence rates for particular crimes. Psychologists who are professionally interested in crime will want to familiarize themselves with the different methodologies commonly used internationally and how these are drawn on in reports of crime or in official figures used for social policy purposes. The social construction of crime and indeed the social structures that administer criminal jus- tice processes is apparent from the chapter. An example of the social construction of crime which may perhaps be particularly familiar to student readers is the behaviour of students. In such settings excessive alcohol consumption and anti‐social behaviours are often seen. Sexual violence on campuses is also a common problem Masoumzadeh Jin Joshi Constantino 2013. Yet in both cases if it is detected such behaviour is unlikely to be recorded as criminal. Individuals may be admonished by their university but rarely in such circumstances do they find themselves subject to the relevant criminal justice system on charges of criminal damage or for sexual offences. By contrast similar or identical behaviours by young people in economically deprived areas may be far more readily criminalized. Outside the cosy cloisters of academia individuals may find themselves charged with criminal offences although here too there are clear social and environmental biases that operate. The conducts of those working in criminal justice systems also illustrate some questions about the application of laws and issues of justice and criminality . The gratuitous violence of police officers in response to political protestors around the world illustrates very starkly the social construction of crime. Here the wearing of a uniform or membership of a particular profession may protect one from behavioural labelling i.e. being designated a criminal. Such protection is however not unlimited and police officers correctional officers and others are on occasion charged with offences some are found guilty and some of these go on to become prisoners. The key structures and institutions of criminal justice processes are addressed throughout the text. It is evident from these discussions that the contributions of psy- chology and the distribution of psychologists across areas of forensic practice are uneven and irrational. The situation in England and Wales provides a useful illustration. Here there are only a small albeit growing number of psychologists predominantly in higher‐ education institutions concerned with areas such as the prevention and investigation of criminal and anti‐social behaviours. By far the largest group of psychologists are located in correctional settings including prisons and secure hospitals with a strong concentration in high‐security settings. Less visible is the fact that community services concerned with preventing crime such as probation and community mental health services appear to be working beyond what could be seen as rea- sonable capacity with few psychologists working in such settings. The distribution of psychology is largely the result of historical precedent and few would argue that it is optimal in terms of outcomes or the cost‐effective use of resources. Equally it has also generated a range of

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introduction 3 interests that have little to do with the needs of the crimi- nal justice system or society more generally but which act as barriers to efforts at positive change. Internationally many psychologists will feel grave dis- comfort at the number of children who are drawn into criminal systems and end up in prisons. It is well known that adolescence is the point at which anti‐social and criminal behaviours increase dramatically and in our view psychology has a major contribution to make in looking for constructive ways of addressing this. Yet here forensic psychologists have been comparatively rare. Those working with children have tended to be located in correctional settings and have tended to be the poor relation to adult services. Input into community services with children have not been sufficient when compared with the underwriting of interventions in prisons and secure hospitals with at best equivocal evidence as to their effectiveness. Forensic psychologists have been slow to accept the role of economic and social inequality in crime. Indeed it could be suggested that some have acted to resist such notions by stressing the individual causation of crime going on to invent and use pseudo‐scientific terminology to more firmly locate crime within the individual. Yet current research suggests that more unequal societies are more unhealthy societies. Relative poverty as well as absolute poverty therefore becomes an important issue for forensic psychologists. Since the first edition of this text there has still been little real progress in this important area. The investment of resources interna- tionally in terms of public money has continued to be considerable. A great deal of money has been invested in various ‘assessment tools’ and standardized group work and these may continue to serve the financial and professional interests of some. They continue to fail the public. In some places this has led to a rowing back from forensic psychology on a large scale as in the case of Canada. Elsewhere there has been increased mar- ketization and mutualization of services extending from adults to children and young people. A parallel may be drawn here with the privatization of bus services where the market dictates that only some services are profitable irrespective of customer needs. The increasing use of manual‐based interventions has led some to con- clude that there is a real danger of the ‘dumbing down’ of psychological interventions with a failure to reflect the complexities of human behaviour Towl 2004. There have though been continuing signs of more broadly based approaches developing and spreading for example the use of more multi‐modal interventions such as multi‐systemic therapy MST approaches with young people. The issue of sentencing practices has remained central to many areas of forensic practice. The use of more punitive sentences has continued across a number of countries with comparatively little done to address the causes of crime. We see in subsequent chapters how much may be learned from a public‐health‐based model of crime reduction. Sadly this appears to be a lesson still to be learnt with an emphasis on assessment and identifying ‘risks’ overriding investment in preventative interventions. The so‐called ‘What works’ literature and the wider debate about such modern political mantras continues to be a live issue Merrington Stanley 2007 Thomas‐ Peter 2006.W e noted in the previous edition the political resonance in being seen to do ‘something’ in the domain of criminal justice in general and youth offender work in particular. This is a theme which resonates in areas that have comparatively high levels of public interest. This arguably continues to drive the creation and expansion of interventions characterized more by political expedi- ency than by clinical or empirical rigour. In setting the context of forensic psychology the area of expert testimony is central. One feature that distinguishes this as a form of evidence is that opinions are actively sought. A great premium can sometimes be put on such ‘expert evidence’ and such evidence forms an important as part of the criminal and civil justice process. It is only comparatively recently that psycholo- gists have contributed and the extent to which this is the case differs markedly across different jurisdictions. The boundaries around the use of psychology in court systems remain contentious and the conduct of practi- tioners has at times been controversial. Expert witnesses in most legal systems are present to serve the court or tribunal. They are not there to represent the parties instructing them or to act as an advocate for one party or another. The fact that this has been repeatedly stressed internationally highlights the fact that this fundamental point has been poorly integrated into practice with psychologists often appearing to testify on behalf of their employers. This has as noted in the text often resulted in poor quality and unhelpful testimony that may impair the functioning of court systems. Linked to this the professional bodies representing psychologists have repeatedly sought to improve guidance e.g. American Psy chological Society 2010 British Psychological Society 2014. expert c ontroversies One controversy in the area of expert evidence for psy- chologists and for psychiatrists too is that the scientific basis of some of the assertions made about the evidence base may be deeply equivocal. There are major doubts

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graham j. towl and david a. crighton 4 about some aspects of the disciplines of psychology and psychiatry – for example scientific concerns about the validity of diagnostic categories that may be used in psychology and psychiatry. These tend to be derived from a series of checklists. Although some psychologists have been critical of this approach many have warmed to it content to offer their views and pick up generous salaries or fees for doing so on whether or not an indi- vidual may be deemed fit to be allocated to a particular diagnostic category. In general scientific research into such diagnostic taxonomies has suggested that they have greater reliability than validity. Many requests for psychological evidence in the forensic domain can hinge upon whether or not an individual is deemed to fit in this or that diagnostic category . In this volume the challeng- ing and contentious area of psychiatric diagnoses is addressed. This is not merely an empirical issue but one embedded in professional power and influence. It is every bit as much about us as professionals as it is about patients. Indeed some legal tribunals have warmed to the use of simplistic categories in ‘explaining’ behaviour. This is not least perhaps because these categories appear to provide an explanation for often troubling behaviours and often appear easier to understand than more evidence‐ informed approaches. Examples here would include parole or mental health hearings where the focus may be on whether a prisoner or patient can be ‘diagnosed’ with ‘psychopathy’. The evident circularity of such explanations is rarely con- sidered and is often difficult to convey in such settings. This is also complicated by the recent dramatic growth in the psychometrics industry. The heavily marketed claim is that various psychometric ‘tools’ may furnish us  with much‐coveted ‘objective’ information about psychological aspects of human functioning. Again the use of psychometrics has a superficial appeal of offering apparently ‘objective’ information and being relatively easy to convey. Such information needs though to be viewed in the wider context of its use and this is often missed in practice. Another example of expert testimony has been in relation to memory research. A knowledge and understanding of memory research have perhaps most widely been highlighted in relation to eyewitness testimony as a particular type of expert witness testimony . Indeed this is one application of experimental psychology that is routinely referred to in undergraduate and post- graduate forensic psychology courses. Of course the scope for applications of our understanding of memory research can potentially go much wider. For example the application of the understanding of memory to the  assessment of offenders subject to indeterminate sentences. Part of the standard assessment methods used for such offenders typically involves the collection of interview‐based data or the use of panel interviews in relation to parole hearings. Individuals may be asked to give their recollection of their thoughts emotions and actions during the commission of their index offence in detail and be judged negatively in relation to any lapses or failures of recall. Some of the findings from memory research though suggests that memory is a constructive process. It is very clear that human beings have very limited recall for distant events and recall is prone to effects from previous accounts and subsequent question- ing. This is an area ripe for research and this is not just in relation to memory research. An understanding of developmental psychology social psychology and neuropsychology has great potential applications to improving practice in forensic settings. The area of expert testimony also warrants close scrutiny on ethical and human rights grounds. Laypeople are by definition unlikely to be good at detecting errors in the scientific research presented to them. It is incum- bent on the ‘expert’ to offer not only scientific opinion but to express it in a manner in which a court or tribunal is most likely to understand. They should also clearly explain areas where there is a reasonable range of professional opinion. The ultimate ethical issue for psychologists though continues to revolve around the quality of the science that the ‘expert’ draws on in giving psychological testimony . thinking about human rights and e thics Human rights and ethical issues are central to much of the psychology practiced in forensic contexts. It has been observed that although the substantive ethical issues are not different to those found elsewhere they may be brought into sharper focus in the forensic field Towl 1994. Ethical issues underpin what we research and how we practise and it is therefore important to explore some of the philosophical roots to our ethical under- standing. Individual rights generally applicable human rights and a sense of the common good are key consid- erations that underpin many professional ethical codes of practice. Ethics and ethical thinking and reflection do not occur in a vacuum but rather in the context of power relations in particular cultures during particular times. Power differentials are pervasive across cultures. Professional cultures set the scene for both ethical and unethical behaviour. Some aspects of research and prac- tice may change speedily over time in terms of adjust- ments to wider societal norms others more slowly. An  underlying concern about professionals in general has been the extent to which they are considered to be

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introduction 5 self‐serving rather than serving the public interest. Professions tend to attract higher levels of pay and related benefits in comparison with the workforce in general. It is perhaps unsurprising then that profes- sional ethical guidance can sometimes be seen in the same way as a means of serving the self‐interests of the profession. Psychology and the work of psychologists are not immune to this. Indeed the numbers of com- plaints in forensic practice have continued to grow in recent years particularly in correctional settings. As indi- cated earlier forensic practice can bring into sharper focus fundamental ethical issues. If forensic psycholo- gists are criticized which they frequently are in service user outlets see e.g. Hanson 2009 Rose 2009 this can and all too frequently does lead to defensive profes- sional practices. These can include the avoidance of some areas of work or an unwillingness to take appropriate and just risks. There is no excuse for such practices. Indeed such practices themselves may reasonably be deemed unethical. It is important to acknowledge some of the potential dynamics that may come into play. When complained about individuals may feel hurt or even angry. Complaints may feel as if they are rather personal whether or not that is the intention of the complainant. There is some good‐quality guidance available to forensic psychologists e.g. the very useful European‐wide guidance produced by Lindsay Koene Øvreeide Lang 2008. Responses to complaints can be an opportunity for critical reflection on practice and may provide valuable learning. Of course in forensic practice there may be more of a tendency for recipients of services to complain in relation to decision‐ making that may have an impact on their liberty . This is though a perfectly understandable reaction. We feel it is axiomatic that in general the greater the power imbalances the greater the opportunity for abuses and unethical behaviour. This touches on a tension within the growth of professions. Characteristically pro- fessional groups tend to work towards increasing their power bases rather than decreasing them and this has certainly applied to psychology in forensic settings. Here there has been across a number of jurisdictions a marked growth in the formal and informal power exer- cised by psychologists. One unintended consequence of such developments is that it becomes ever more likely that some will abuse such powers and a recipient of such unethical services may well not unreasonably complain. More power for a particular profession is not by any means necessarily a good thing far from it. One important test of professional ethics is the extent to which an individual is willing to ‘whistle‐blow’ about a colleague. Perhaps too often it is easier not to comment let alone intervene when a colleague is behaving in a professionally inappropriate manner. Some of course will cover up for the mistakes of colleagues and this can be a rarely acknowledged ethical problem across profes- sions. However increased influence or power may of course be used positively and this is the basis of counter- vailing arguments. Such tensions provide us with a salu- tary reminder of the need always to treat others with dignity and respect especially when dealing with differ- ences. Compassion understanding justice and kindness are crucial to just ethical decision‐making processes. Another useful ‘rule of thumb’ test can be not to treat others how we would not wish to be treated ourselves. Eyewitnesses play an important role in the court- room. The accuracy or otherwise of such testimony may be crucial. For many students of psychology this will have a real resonance with much of memory research covered during their undergraduate studies. The reconstructive functioning of memory can plausibly lead to biases and inaccuracies in eyewitness testimony. This is an area of forensic psychological research and practice where opportunities to draw from the learning from experimental psychological studies into memory and learning abound. Of course one feature of the field is the challenge of how results observed in the psycho- logical laboratory may transfer to real‐life events. This is largely a question of the ecological validity of such learn- ing.. However the models and methods developed in laboratories and lecture halls can be convincingly applied to studies in real‐world settings. Concepts from memory and learning research can clearly be helpful in assisting our understanding of eyewitness testimony . For example we may wish to look at errors in encoding information or systematic biases in recall. Memory decay effects may also be an interesting area for further examination. Facial recognition studies also have had an impact drawing from work in experimental psychology. One practical social policy area of influence drawn from these areas of research in the forensic psychological field has been in relation to the development of procedural guidance relating to the identification of suspects by the police in England and Wales. developmental perspectives A key underpinning theme of the text is the contributions from developmental psychology to forensic contexts and in this respect there is a rich heritage of neu- ropsychological and biological research into crime and antisocial behaviour. The growth in this area has continued in recent years. Brain research has moved on considerably since the days of clinical lobotomies to

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graham j. towl and david a. crighton 6 control aggressive or disruptive behaviour in psychiatric hospitals. A combination of improved technologies ethi- cal standards and a more rigorously scientific approach have improved the knowledge and understanding yielded in this complex area of research. Studies have been undertaken with brain‐injured patients that have led to links being made between the orbitofrontal cortex and experiences of rage and hostility. Frontal lobe damage or dysfunction has generally been equated with a greater proneness to demonstrate antisocial behaviour. Establishing causal relationships in this area is however much more challenging. Our understanding as a disci- pline of causation remains elementary and there are a range of potential hypotheses as to how the underlying biological mechanisms may impact on behaviour. This is complicated by the interaction of environmental factors and underlying neurobiological mechanisms. The field has moved on dramatically since the intellectually vacuous debates about issues of nature v. nurture. The technology to study the working of the nervous system has also continued to improve at a remarkable rate and this has been matched by step changes in both research and theory development. Some forms of psychometric assessment provide us with an avenue to explore e and improve our understand- ing of specific brain functioning and links to antisocial behaviour. An example here is the reported association between antisocial behaviour and verbal intelligence. From a neurobiological perspective this may not unrea- sonably be interpreted as linked to left hemispheric damage or alternatively dysfunction. The reason for comparatively higher levels of ‘performance’ intelligence may reflect a lack of educational opportunities. Such explanations are of course not mutually exclusive. A lack of specific experiences may lead to areas of the brain failing to develop or function effectively . The causal links or specific mechanisms underpinning the differences that are seen in forensic populations remain poorly understood and such links are perhaps some of the most challenging to demonstrate. Forensic neuropsychological research has often been unfairly confused with notions of biological determin- ism or misused to advance such arguments. The current developing evidence base presents a much more complex and interesting picture that stresses the early plasticity of the brain and also its capacity to recover. This suggests a compelling case for earlier interventions and improved access to such things as educational opportunities especially for those young children without social and economic advantages. This is a form of intervention that is popular and actively undertaken by many econom- ically and socially advantaged groups to good effect. Educational disadvantage tends to be a feature of offender populations. It is an encouraging trend that psychologists are increasingly taking an interest in work- ing with children and young people although this remains limited with a strong bias towards any clinical work being directed towards adults. This bias continues to strike us as odd. T o be most effective it seems probable that such work should be undertaken as early as possible in the trajectory towards crime and that models of prevention are likely to be more effective than late efforts at ‘treatment’. This suggests a need for a major shift of  focus in forensic psychology towards work with individual children and young people. The omens here however are not good with for example recently devel- oped services in the United Kingdom being cut back before their effects have been assessed. This is likely to impact on the prevention of the devel- opment of criminal behaviour. Effective prevention results in fewer victims and also more individuals living fulfilling and productive lives. One recent trend in some of the research evaluating the efficacy of particular inter- ventions aimed at reducing the risk of reoffending has been the introduction of measures of ‘cost effectiveness’ in addition to traditional psychological methods of evaluation. This is a very positive development. It is positive because it allows us not only to focus upon the area of ‘treatment impact’ but also the financial cost of such impacts. Thus we have the potential to invest public money more wisely. The idea underlying the developmental prevention of criminality is that ‘risk factors’ may be identified in advance and addressed early before the ‘risks’ manifest themselves behaviourally. Also ‘protective factors’ may be identified to further ameliorate the frequency and severity of such ‘risks’. Children who have poor parental supervision are exposed to a greater risk of engaging in offending than those who do not. Even in purely financial terms some interventions can be demonstrably effective in saving the public purse. This has been revealed by a number of good‐quality cost–benefit‐based studies. One comparatively famous ‘intensive’ intervention involved home visitors giving advice about prenatal and postnatal care to young moth- ers. There was a focus upon appropriate nutrition and related health advice. In short it was a general parental education intervention. Postnatal home visits resulted in decreased levels of child neglect and abuse. Children of these mothers had less than half the rate of arrests of a comparison group. These are powerful findings. The quality of the research data here is crucial. It is crucial in making evident the strengths and weaknesses of particu- lar research methods. In public policy terms the case for the development of a national prevention agency appears to be well made. The arguments are compelling. Such an idea has been implemented elsewhere e.g. in Sweden

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introduction 7 and Canada. Such an enterprise would allow for a much more appropriate use of forensic psychologists who could work alongside their educational psychology counterparts. One of the key problems in the development of forensic psychological services is that there are far fewer of these psychologists engaged in preventative work than are working in correctional settings and particu- larly high‐security settings which we would argue has resulted in severe distortions in forensic psychology ser- vices. Even within correctional settings in terms of the potential impact on crime reduction there appears to be far too few psychologists working with children and young people. A wiser distribution of resources would target schools pupil referral units youth justice services in the community and residential estates and caseloads of ‘high‐risk’ offenders in the probation services. Psychosocial research has been key in the study of offenders. Offenders tend to be versatile in their criminal activities sometimes effortlessly switching from one offence type to another for example burglary and assaults. The most convicted violent offenders will have convictions for non‐violent crimes too. Early signs of impulsivity can be used to predict an inflated risk of antisocial behaviour. This has perhaps found a recent manifestation in the currently fashionable use of the diagnostic category ‘attention deficit hyperac- tivity disorder’ ADHD. Related perhaps to this is that low school achievement is linked to an increased risk of youth violence. Indeed there are a host of inter‐correla- tions with subsequent criminal convictions. More recent studies in particular have begun to look not just at cor- relations but also at mediating factors in behavioural outcomes. For example it has been proposed that the link between low school achievement and delinquency may be mediated by psychological disinhibition. The executive functioning of young brains may well be important in the prediction of future functioning. This is perhaps a good example of future research opportuni- ties with the need to draw on wider learning within the expanding neuropsychology and cognitive psychology fields to help in our understanding of the developmental trajectories towards crime. Parenting methods have been looked at in terms of links with future potential crimes. These methods have often been categorized in terms of factors such as paren- tal supervision discipline and warmth or coldness. A seminal study in this area provided evidence that poor parental supervision harsh discipline and a rejecting attitude predicted an inflated chance of subsequent delinquency. Authoritarian parenting styles in particu- lar  have been linked to subsequent violence. This is entirely in keeping with social learning theory which would  suggest that brutalization begets brutalization. Attachment theory has also been used to study the psychosocial trajectories towards delinquency. Here children who lack a secure attachment figure show a vari- ety of adverse outcomes. Subsequent research has built on this initial finding to look at whether specific patterns of attachment are associated with particular types of adverse outcome Crighton T owl 2008 Crittenden 2008. The family can be a significant ‘protective factor’ for some however if a child is unfortunate enough to have a father or mother who is involved in crime then the probability is that they themselves will end up with a criminal record. Although the term ‘criminal careers’ is widely used in the field it should perhaps be noted that there is no good evidence that the preceding finding reflects a ‘career choice’ that the child has moved into the family trade or profession. Far from it. Criminal parents tend to be highly critical of their child’s involvement in crime. Family size is also important with more children being equated with a higher risk of delinquency. This may well be linked to the thinner distribution of emotional social and financial resources. In the United Kingdom it has been amply demonstrated that poverty predicts an inflated risk of criminal conviction. Low family income and poor housing tend to characterize those with a higher risk of delinquency. Boys are at a higher risk of conviction while unemployed than when in employment. These findings present some clear moral and related social policy challenges. The potential to inform the design of prevention‐based interventions is evident. Every bit as important as understanding the develop- mental progression through ‘criminal careers’ is the need to understand what leads to desistence from crime. One advantage of a developmental perspective is that it lends itself to the notion that at different life stages different factors may come to the fore as the best predictors of desistence. Marriage and stable employment are two factors which have been widely researched in terms of their predictive value in desistence. Others have argued that personal resolve and determination to stop committing crime are also important. Desistence in one sense may be likened to ‘spontaneous recovery’ in medicine. Generally when we are unwell we subsequently recover. This is true of both physical and mental health. This would very often be the case without any medical inter- vention. A parallel can be drawn with crime. A number of those committing crimes probably most will eventu- ally desist from committing crimes. The rate of crime by individual offenders is in large part age dependent. Thus it is clear that one factor that is important in desist- ence is the ageing process. The field is replete with a lack of agreement about how precisely desistence should be

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graham j. towl and david a. crighton 8 operationalized. Some consider deceleration of the rate or seriousness of the type of crime to be a form of desistence. Others assume that desistence means no longer committing any crime. This remains an under‐ researched area with great potential and promise for the future. investigation and prosecution issues Offender profiling possibly like no other topic across the forensic psychological field generates much interest some of which is prurient some not. Whatever the motivation this is an area of the forensic field that has spawned a great deal of interest including a number of films and television programmes. Some of the increased interest across the field is due to some genuine develop- ments with clear forensic applications e.g. DNA testing. However much in this popular area of forensic psychology has amounted in the past to a display of smoke and mirrors akin to the cold readings practiced by magicians. There has however been a recent process of change in this area with a marked growth in scientific and empirical approaches. The field has increasingly concerned itself with higher‐frequency crimes and moved away from ‘clinical’ profiling of rare but high‐ profile criminal behaviour such as serial homicides. In addition there has been a greater stress on using psychology to improve the process of investigation. The current evidence base in these areas remains somewhat limited. The move to more scientifically valid methods has though placed this area of practice on a firmer footing. In terms of a range of criminal and civil justice pro- cesses played out in courts and tribunals one crucial grouping is juries. Jury decision‐making has been the subject of much research. References to juries go back a long way in recorded history but a commonly cited his- torical reference point is that of the Magna Carta in 1215. Juries remain prominent in many legal systems in spite of facing frequent challenges and efforts to circum- scribe their freedom of action. This prominence is despite evidence that many members of the jury may struggle to understand particularly complex cases a finding that has fuelled efforts to limit their role and use. Juries may also struggle to follow the instructions of judges or may disagree with those instructions based on feelings of natural justice. Juries may when asked fail to ignore evidence deemed legally inadmissible. Progress in this area has often been limited by the secrecy in some jurisdictions that surrounds the jury room. psychological assessment Power relationships are an important aspect of the con- text of much forensic work. This is very much the case in the area of the psychological assessment of children and adults. Forensic assessments will generally involve some degree of pressure or coercion. They may also take place in fundamentally coercive environments such as correc- tional institutions Towl 2005a. Psychologists often wield a great deal of influence in forensic contexts and certainly far more than is typically seen in other settings. This has at times been raised as a matter of serious con- cern among service user groups and by some service users Leggatt 2012. This is or in some cases perhaps should be a key ethical issue in everyday practice. Psychological assessments are of course not immune to biases and errors. Each of us from time to time will be prone to attributional errors in everyday judgements and decision‐making. But at the core of a good psychological assessment is a rigorously scientific approach applied with appropriate human consideration for the individual or individuals who are the subject of such assessments. A range of theoretical models may be applied but each involves in some way or another data collection ideally from a good range of sources formulation and judge- ment which includes a sense of justice. It is not good enough merely to provide a scientifically accurate report in the forensic domain there is an ethical responsibility for the psychologist to ensure that their report is also a just report. Whereas the field is replete with examples of discussion and debate over the accuracy of some psycho- logical assessment methods comparatively rarely is the issue of the justness or fairness of reports covered with such energy and detail. This perhaps reflects poorly on forensic psychology as a profession. One particularly important aspect of assessment is the ability to capture the work within a report form whether verbal or writ- ten. The precise format of reports may vary. However all should have certain features. They should be evidence based and written in an appropriately respectful and accurate manner. Any recommendations included in such a report should be explicitly linked to the body of data and evidence that characteristically will make up the main body of the report. They need to be both accu- rate and just. One area of psychological assessments which are particularly common in forensic practice is in the domain of risk assessments. Again issues of the accuracy and justice of such assessments come into sharp focus Towl 2005b. There has been an aggressive marketing of some risk assessment ‘tools’ in recent years and some

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introduction 9 hubristic claims made. There are some significant finan- cial gains to be made for psychologists involved in the development and use of such ‘tools’ often including compulsory training in the application and interpretation of ‘the tool’. It is perhaps unsurprising that this has been a key area of development in the ‘for profit’ or private sector in forensic psychology. In assessing the utility of particular structured assessments it is perhaps worth reflecting on the question of where the benefits from their use lie. This is an area that forensic psychologists have often tended to fight shy of preferring instead to debate the relative empirical strengths and weaknesses of particular ‘tools’. This is clearly very important. However it is also important that practitioners are aware that businesses by definition are on the whole structured to make money and this will normally be the primary driver for them. It is also notable that in contrast to some other areas there have been few ‘public domain’ assessments developed and adopted within forensic psychology . This reliance on ‘for profit’ assessments has clear potential to result in conflicts of interest. It is possible for those with financial interests in particular ‘tools’ to recommend that others use them without being explicit about their conflict of interest. This is of course profes- sionally unethical but challenges to such practices have been comparatively rare. This is perhaps an area of privatization that does not get the same acknowledge- ment in terms of its impact as say the privatization of prisons. It is less salient as a change in the system but no less important. There is much that can be learnt about the nature of risk assessment across disciplinary boundaries. The con- temporary social and political concerns about climate change international terrorism and transnational banking systems have given rise to a number of interdis- ciplinary approaches to understanding ‘risk’. There are a range of professions and disciplines with an interest in these challenging and fascinating areas. There are a particular set of ‘risks’ that tend to be focused within forensic psychology . The relevant ‘risks’ tend to be about the chances of an individual committing crimes and often violent and sexual crimes. Psychologists have contributed a great deal to improve the accuracy of such ‘risk assessments’. Risk assessment reports may be used both to inform judgements about whether or not an indi- vidual is released from prison or hospital and also to inform the allocation to particular interventions. White‐ collar crime is much less commonly a focus of forensic psychological practice. Of course the impacts of the so‐ called white‐collar crime may well be every bit as serious as those of identified potential violent or sexual offend- ers. The international ‘financial crisis’ that appeared to peak in 2008 perhaps provides an illustrative example of this. In the modern world poverty is a moral crime that is widespread including within the ‘developed’ world. This will result in heightened levels of ‘risk’ of unneces- sary suffering and victimhood for many and as has been discussed earlier an increased chance of ending up on a social and individual trajectory to the perpetration of crime. Violent and sexual crimes are largely interpersonal. Forensic psychologists though have tended to focus primarily on potential perpetrators rather than potential victims. Not only is this scientifically limited as an approach it is also questionable in terms of ethical practice. There also perhaps needs to be a wider recognition and acknowledgement that victims and perpetrators when it comes to violent and sexual crimes are overlapping groups see Jackie Walton Chapter 21 in this volume in relation to children. This is a real challenge within criminal justice systems as we know many measures that may help to lower crime are the remit of government departments not concerned with criminal justice. However forensic psychologists as a group are well placed to challenge inappropriate policies and practices. There is something of a history of this among some for example forensic psychologists in some jurisdictions have effectively challenged aspects of racism in prisons. Some forensic psychologists have challenged the dubious practices of colleagues who in the past have not always obtained fully informed consent before undertaking assessments. It is a healthy sign within a profession if members of that profession are publicly prepared to question and where necessary challenge the behaviour and conduct of colleagues. This is a sometimes uncomfortable but necessary process. It is essential if as a discipline forensic psychologists wish to enjoy the respect of all the public and continue to exercise influence attached to their professional roles. critical psychology Although some psychologists remain critical or cir- cumspect about the scientific credentials of psychiatric diagnoses such categorizations continue to be routinely used by many psychologists. Indeed the use of such categorical approaches has seen a growth within foren- sic psychology in marked contrast to other areas of psychology . There can be professional comfort in categori- zation. Once such an allocation of a diagnostic label has taken place there is in effect purportedly an ‘explanation’ of the behaviour that may be of concern or interest. The area of hypothesized links between offending and mental illness is contentious. There can be tensions between psychological and psychiatric knowledge. Unlike in psy- chology the focus in psychiatry is with mental disorder

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graham j. towl and david a. crighton 10 rather than ‘mental order’. Poverty and social exclusion play a part in informing our understanding of who is and is not diagnosed with mental disorders. Indeed there is a parallel with recorded crime. Just as there are systematic biases in what crime gets recorded or is designated as a crime there are similar such biases in who does or does not get diagnosed with what. Again the issue of power inequalities raises its head. The issue of power inequalities is arguably more salient in the area of diagnosed mentally disordered offenders with identified intellectual disabilities Tancred 2014. This is because it is evident to most of us that intellectual disabilities may well result in a fundamental vulnerability. The term ‘learning disabilities’ is synony- mous with ‘intellectual disability’ and perhaps reflects particular professional sensibilities in terms of the more or less desirable term to be used. Again this is an area of practice where the psychometrics industry maintains a firm hold. Screening measures for intellectual disabilities abound and are vigorously marketed. This is a large and financially lucrative market for the psychometrics industry its proponents and beneficiaries. Much of the territory which may be considered to be ‘mental disorder’ is subject to the effective ownership of such categories through the auspices of DSM‐V and ICD‐10 with an array of additional profitable product lines such as psychometric tests for intellectual assessment. The contempt that some of the early test makers had for those with intellectual disabilities was all too evident. This is a field characterized by a history of prejudice and this is the context in which psychological assessments and interventions take place. Psychologists themselves are also subject to the potential prejudices common in this area but at least as a professional group should be aware of the effects of such potential prejudices on behaviour and judgements. One significant area of practice for forensic psycholo- gists is in giving an opinion on fitness to stand trial and enter a plea on behalf of the court. The extent to which the accused party understands the nature of the crime and court process needs to be assessed. Their capacity to ‘instruct’ their legal representatives needs assessing too. There also needs to be an understanding of the issue of responsibility in criminal law . The level of understanding of the ‘wrongness’ of the relevant criminal acts by the defendant may well also be a consideration for the courts. Relevant psychological assessments and evidence can lead to a defence of diminished responsibility or not guilty by reason of insanity . Those with intellectual disabilities may have commu- nication needs different from those of the general popu- lation. Effective communication is crucial to psy chological assessments. But arguably this need is amplified when working with those with intellectual disabilities whether undertaking assessments or interventions. Arguably this is an aspect of working with offenders that needs more visibility. Such challenges sometimes remain hidden from everyday discourses about offenders. One increasingly highly visible area of study policy and practice is in relation to work with those diagnosed as having ‘personality disorders’. Historically there has been a discussion and debate about whether or not those diagnosed with personality disorders are simply at the more extreme ends of some key identified dimensions of personality or if they are qualitatively different. In this edition the coverage of this topic has been expanded to reflect the recent growth in research and practice in this area. Whichever side of that particular debate the reader favours this is a complex and challenging field and one that has taxed many academics and clinicians. It is an area where both fundamental questions about the puta- tive nature or existence of personality disorders may be addressed and also practical clinical questions e.g. about potentially suitable interventions may be answered. In recent years there has been a great deal of govern- ment investment in the ‘treatment’ of those categorized as having personality disorders. Some ‘personality disorders’ have been the subject to more study than others within forensic populations. There are some gender differences in such studies with links between men and ‘antisocial per- sonality disorders’ and women and ‘borderline personality disorders’. This is one of those comparatively few areas of research and practice which has been generously funded by the public. The much‐vaunted but fundamentally flawed dangerous severe personality disorder DSPD units in UK prisons and hospitals were generously funded but have quickly closed or been redesigned and focussed on a broader range of needs. There has also been a massive investment of public money in research in this area particularly in Europe with what appears to be very little indeed to show for it in terms of results that will be helpful in policy terms or in clinical management and practice. This is disappointing but not remotely surprising. Some of the problems have arisen out of a conceptual confusion regarding what precisely constituted DSPD. From the outset it was clear that it was not a clinical category but rather a political one. Another part of the problem was that a range of behavioural disorders appear to have been captured under the muddled rubric. In short the term was bereft of any intellectual integrity. Of course this reflects a more general problem when underlying personality traits are attributed to particular behavioural patterns. And it is an argument that could be used to call into question the scientific basis of the construct of personality disorders per se. Many aware of some of the limitations of such terms will simply take a pragmatic approach. As we have seen in some other areas of forensic practice this is an area where financial interests from for example the psychometric testing industry are also notable.

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introduction 11 substance use Drug and alcohol misuse has become an increasingly major problem in relation to both problems of public health and criminal justice. A compulsion to consume such products is an underlying commonality in the often absolutely desperate lives of habitual drug users. Some official estimates have asserted that about half of all recorded crime is drug related. Individuals may commit crimes while under the influence of drugs. Alternatively or additionally they commit crimes to fund their drug habits. Drug addicts may lie and deceive those around them even their close friends and family for such is the power of the compulsion to access drugs. The deplora- ble truth is that drug addicts can often have more chance of receiving treatment if they go to prison than if they do not. This health service inadequacy contributes to the creation of a perverse incentive for addicts who want treatment to commit crime and get caught doing so with a view to imprisonment. This cannot be right and it is surely time to move back to a health‐care model of managing substance misuse by users rather than the criminal justice models used in many jurisdictions. Drug crime is also big business and the relevant markets are vigorously policed and protected by such criminals. Thus there can be a significant difference between the supplier and the user or consumer of the particular drug. Drug overdose is a relatively common cause of death among regular drug users. It is fre- quently difficult for individual users to gauge the qual- ity and thereby quantity of the drugs that they are intending to use. Notwithstanding the devastating impacts of drug misuse in both health and crime‐related terms one of the most dangerous drugs routinely used in prisons is nicotine. Stopping smoking in prisons where this has not already been done must surely be the single most significant public health policy that could be implemented. This illustrates the difficulty of departments of state often not being as integrated as they could be in addressing issues that cut across government departmental boundaries. The capacity to function effectively across and outside central depart- mental boundaries is perhaps one of the biggest challenges of public service. early intervention As a general rule it seems that earlier interventions are potentially more effective. We see from the earlier developmentally orientated chapters that those who go on to commit serious offences as adults can as a group be identified comparatively early in their criminal careers. Children and young people who are violent and engage in sexually harmful behaviours particularly warrant our attention. The case for early intervention and support with these children and young people seems unanswerable. This is especially important given the known links between those who have been abused them- selves and those who go on to commit acts of abuse. A great deal of such sexually abusive behaviour may go on within the family . For example teenage children may be trusted to care for younger siblings who then experience abuse. Often such developmental trajectories may well manifest themselves into adulthood from the perspective of both the abuser and abused. The sex offender assessment and treatment industry boom appears to have levelled off. Again this is an area where a great deal of public money has been spent internationally. Despite this however the evidence of treatment effects in the reduction of risk of reconvictions for a sexual offence is missing. There is some evidence that convicted sex offenders will show clinical improve- ments on various self‐report methods before and after treatment. But it could reasonably be argued that this is simply the result of the demand characteristics present. The elephant in the living room is that the so‐called sex offender treatment ‘programmes’ may not work or indeed may increase risk. The emerging evidence increasingly suggests that current approaches have not contrary to some grandiose claims been demonstrated to be effec- tive. In line with this the use of such ‘treatments’ outside of the context of experimental trials is at best ethically questionable Dennis et al. 2012. Researchers in this field have seemed sometimes reluctant to consider such a potentially unpalatable hypothesis. This can lead to a defensiveness which goes beyond the data. Indeed there is sometimes a sense of desperation and exasperation at the inability of demonstrating improvements on disap- pointing results. Despite such empirical problems this has not halted some continued expansion underpinned by public funding and political imperatives. The industry has also been supported by legislation with an increased number and range of behaviours being deemed ‘sexual offences’. There are also much higher levels of bureau- cratic scrutiny that have been implemented. Yet the dis- arming truth is that overwhelmingly most men who rape will not be brought to trial and if they are they will have a comparatively strong chance of not being convicted and sent to prison. The same is highly likely to be true with child sexual abuse and other forms of sexual offending. In the unlikely event that a victim of a sexual crime reports it the chances of a conviction being secured are very slim indeed. One fundamental caveat to strident assertions about what we ‘know about sex offenders’ is that much of what is known draws on convicted sex offender populations.

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graham j. towl and david a. crighton 12 This is clearly the tip of an iceberg. It would also seem highly unlikely that they would be representative of sex offenders as a whole given the very small sampling involved relative to prevalence and incidence rates. Some sex offenders may be more difficult to detect let alone convict. Many will enjoy a very high degree of protec- tion. In some occupations there are increased opportu- nities to sexually offend – for example the clergy medical practitioners in general practice and various specialisms such as gynaecology or paediatrics and many others. ‘Trusted’ professionals are thus likely to be well pro- tected from detection prosecution and conviction. The medical profession has typically been fiercely protective of its members and resistant to whistle‐blowing about colleagues. As in a number of occupations it is difficult and for all intents and purposes discouraged. Previously victims of abuse by church leaders have had little voice but such abuses have increasingly come out into the open. There is no convincing reason to believe that those so motivated will not be distributed across a number of walks of life and some may seek to get themselves into positions where opportunities to abuse abound. Another problem in the sex offender assessment and treatment industry has been the undue standardization and ‘manualization’ of the interventions used. It appears implicit in some of the professional literature that we know current interventions work and that there are sig- nificant commonalities within and across particular offence types. This understanding is more persuasive in terms of the legal categories that have been assigned to the particular offence type than it is in terms of a psycho- logical understanding of the behaviours involved. This will have implications for interventions. Imprisoned sex offenders including alleged sex offend- ers held on remand have an inflated risk of suicide. This is a fact that can easily be forgotten in our everyday clinical practice. But by far the most powerful predictor of pris- oner suicide is time in the particular prison. There is a compelling case for ensuring that prisoners have access to support early in their time in a given prison. There are some sub‐groups that fall out of this general pattern. For example although life‐sentenced prisoners have an inflated risk of suicide they may on average complete suicide later in their sentence possibly linked to particu- lar milestone decisions about their progress or lack of it towards parole. Psychologists in prisons have tended to become less involved in this important area of practice with a shift towards involvement with manualized interventions to reduce the risk of reoffending. This is unfortunate because psychologists have contributed much in this important area of public health e.g. Crighton 2000 McHugh Snow 2000. There are a number of ‘suicide myths’ in this field for example that young people or those held on remand are at a greater risk of suicide than others the data would suggest other- wise. Y et such myths still abound and as late as 2014 the Prison and Probation Ombudsman recommended that ‘remand status’ be considered a ‘risk factor’ for suicide in prison. Such an assertion appears to be based upon very limited evidence and if implemented may result in mis- informing risk assessment processes. However given that time spent in a prison is the most powerful ‘risk factor’ for suicide the ‘remand’ category may account for dis- proportionate numbers of those who have only been incarcerated for a short time. Also interestingly black prisoners are at a lower risk of suicide this was first noted in the United Kingdom in the late 1990s T owl Crighton 1998. The precise and sometimes complex links between suicide and intentional self‐injury remain unclear. But both remain as significant problems in prisons and health‐ care settings. Staff attitudes towards the suicidal can be considerably less than helpful Crighton 2000. justice restored There are a range of models of restorative justice and the research base in this area has recently taken a number of steps forward with some high‐quality evaluations supporting the efficacy of the approach. Lamentably this is not an area where psychologists have been as active as they might have been. Yet there is huge potential for psychologists to get more involved in both evaluative research and consultancy advice. Most importantly perhaps there is the potential to reduce the number of future victims and to help and assist existing victims. The forensic field is broad with a growing knowledge base. But it is a knowledge base that could be further developed with more explicit links with the experimental psychology base of much of what is most effective use- ful and just in policy and practice. We remain grateful for the comments we have received on the first edition of Forensic Psychology but hope that readers will agree that the publishing of a second edition is timely . references American Psychological Society 2010. Guidelines for child custody evaluations in family law proceedings. American Psychologist 65 863–867. British Psychological Society 2007. Psychologists as expert witnesses: Guidelines and procedure for England and Wales. Leicester: Author.

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introduction 13 Crighton D. A. 2000. Suicide in prisons in England and Wales 1988–1998: An empirical study . Unpublished PhD Dissertation APU Cambridge. Crighton D. A. Towl G. J. 2008. Psychology in prisons 2nd edn. Oxford: BPS Blackwell. Crittenden P . M. 2008. Raising parents: Attachment parenting and child safety. Cullompton Devon: Willan. Dennis J. A. Khan O. Ferriter M. Huband N. Powney M. J. Duggan C. 2012. Psychological interventions for sex offenders or those who have sexually offended or are at risk of offending. Cochrane Database of Systematic Reviews 2012 12. Art. No.: CD007507. doi: 10.1002/14651858.CD007507.pub2. Hanson C. 2009. Thinking skills Think again Inside Time Issue 119 May p. 20. Home Office 2000. Achieving best evidence in criminal proceedings. London: Author. Leggatt T. 2012. Psychology: Off on a tangent again. Insidetime April 2012. http://www.insidetime.co.uk/articleview. aspa1184andcpsychology_off_on_a_tangent_againandcatPsychology accessed 14 January 2015. Lindsay G. Koene C. Øvreeide H. Lang F . 2008. Ethics for European psychologists. Göttingen Germany: Hogrefe. Marques J. K. Wiederanders M. Day D. M. Nelson C. Van Ommeren A. 2005. Effects of a relapse prevention program on sexual recidivism: Final results from California’s Sex Offender Treatment and Evaluation Project SOTEP. Sexual Abuse: A Journal of Research and Treatment 171 79–107. Masoumzadeh A. Jin L. Joshi J. Constantino R. 2013. HELPP zone: Towards protecting college students from dating violence. iConference 2013 Proceedings 925–928. doi:10.9776/13481 McHugh M. J. Snow L. 2000. Suicide prevention: Policy and practice. In G. J. Towl M. J. McHugh L. Snow Eds. Suicide in prisons. Oxford: BPS Blackwell. Merrington S. Stanley S. 2007. Effectiveness: Who counts what In L. Gelsthorpe R. Morgan Eds. Handbook of probation. Cullompton Devon: Willan. Prison and Probation Ombudsman 2014. Learning from PPO investigations risk factors in self‐inflicted deaths in prisons. London: Author. Rose K. 2009. Has ETS reduced your impulsivity Inside Time Issue 119 May p. 21. Tancred T. 2014. Intellectual disabilities – differential treatment within multi agency public protection arrangements. Unpublished PsychD dissertation University of Roehampton. Thomas‐Peter B. 2006. The modern context of psychology in corrections: Influences limitations and values of ‘what works’. In G. J. Towl Ed. Psychological research in prisons. Oxford: Blackwell. Towl G. J. 1994. Ethical issues in forensic psychology . Forensic Update 39 23–26. Towl G. J. 2004. Applied psychological services in HM Prison Service and the National Probation Service. In A. Needs G. J. Towl Eds. Applying psychology to forensic practice. Forensic Practice Series. Oxford: BPS Blackwell. Towl G. J. 2005a. National offender management services: Implications for applied psychological services in probation and prisons. Forensic Update 81 22–26. Towl G. J. 2005b. Risk assessment. Evidence Based Mental Health 8 91–93. Towl G. J. Crighton D. A. 1998. Suicide in prisons in England and Wales from 1988 to 1995. Criminal Behaviour and Mental Health 83 184–192. Towl G. J. Farrington D. P . Crighton D. A. Hughes G. 2008. Dictionary of forensic psychology. Cullompton Devon: Willan. UCAS 2014. Website. www .ucas.com accessed 14 January 2015.

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