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Assessing the Accused National Child Abuse Defense and Resource Center 26 August 2010 Las Vegas, Nevada. Ann Duncan-Hively, Ph.D., J.D. Wells Hively, Ph.D. www.duncanhively.com. What?, Why? Who Should Do It?, When?. Systematic, objective description of psychological functioning of the accused
Ann Duncan-Hively, Ph.D., J.D.
Wells Hively, Ph.D.
Systematic, objective description of psychological functioning of the accused
To assist the attorney in decision making prior to conversation with prosecutor
Must use an expert who meets the Daubert standards
As early in the case as possible
According to Defense attorney: People
According to the Prosecutor: Profiles
Defense’s Assessment: An individual portrait in a distinctive family and community setting
Prosecution’s Assessment: A description of how the individual fits a typical offender profile
What the defense can do
Ken Lanning, FBI SSA (Ret.)“Child Molesters: A Behavioral Analysis,” 2010download from
Always collects souvenirs
A special case
Should Point and Click be an Offense?
18 U.S.C. 2256
Child Pornography: visual depiction of a person under 18 engaged in sexually explicit conduct (Includes “sexually suggestive” pictures)
18 U.S.C. 2251,2252,2252A
A.E. Hernandez, Psy. D.
“Psychological and Behavioral Characteristics of Child Pornography Offenders in Treatment,”
Download from www.iprc.unc.edu/G8/Hernandez_position_paper_Global_Symposium_.pdf
Hernandez is the lead author of the “Butner Study,” relating child pornography use to actual contact offenses, published in 2001. This article describes the original study and its follow-up through 2009.
Used as justification for harsh sentencing
Provided in a report for the defense attorney ,under work product privilege, to assist in preparing the case. The report may also be presented to the court if the attorney chooses to do so.
Think Daubert Standard
(Fed. R. Evd. 702)
scientifically reliable and relevant
Questionnaires Structured Interviews
Protocols “Objective Tests”
Don’t fluctuate wildly and mysteriously
Psychologists say “reliable”
Correlate with important variables
Psychologists say “valid”
Attorneys say “meet the Daubert Standard”
Various schools, child development centers and counseling services all
use these. They are very similar.
Greenberg Forensic History Questionnaire
Developed by S.A. Greenberg, U. of Washington (now deceased) unpublished, but available from www.duncanhively.com
Clark Sexual History Questionnaire, Revised (SHQ-R) www.mhs.com
Wechsler Abbreviated Scale of Intelligence (WASI)
Kaufman Brief Intelligence Test, 2nd Ed. (K-BIT)
Both available from www.pearsonassessments.com
Minnesota Multiphasic Personality Inventory, 2nd Edition (MMPI-2) www.pearsonassessments.com
Caldwell Scoring www.caldwellreport.com
Millon Clinical Multiaxial Inventory, 3rd Edition (MCMI-III)
Rorschach Comprehensive System
Rorschach Interpretive Assistance Program (RIAP 5)
The Hare Psychopathy Checklist www.hare.org
See Texas Department of State Health Services, Council on Sex Offender Treatment, “Use of the Penile Plethysmograph in Assessment and Treatment of Sex Offenders”
Wells Hively, Ph.D.“Fundamentals of the Abel Assessment”
Evan S. Nelson, Ph.D. “Intro to the Abel Assessment of Sexual Interest” presentation to Virginia Sex Offender’s Treatment Association , March 2010
Appeals Court of Louisiana, U.S. v. Robinson 94 F. Supp. 2nd 751 (W.D. La., 2000) found that the AASI did meet Daubert Standards
Appeals Court of Massachusetts, Ready v. Commonwealth (824 N.E. 2nd 474) 2005 found that AASI did not meet Daubert Standards
Macarthur Study (2001)
Level of Service Inventory (LSI-R)
Spousal Assault Risk Assessment Guide (SARA)
Danger Assessment (prediction of murder)
Static 99, Stable 2007, Acute 2007
(Search on Dynamic Supervision Project)
American Psychological Association, “The Truth About Polygraphs” www.apa/org/research/action/polygraph.aspx
Damphousse et al., “Assessing the Validity of Voice Stress Analysis”
Neither technique is objective, reliable, or valid
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