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The Trauma of Rape and the Criminal Justice System’s Response
Fear, terror, anger, grief, trauma, never feeling safe again, violation, death of part of your soul, PTSD, flashbacks, rage, depression, anxiety, nightmares, and pain. These are the words my college roommate has used over the years as she moved forward from the darkness after a stranger broke into her home while she was sleeping, tied her hands with the shoestrings of her running shoes, put a pillow over her face, held a knife at her throat, and raped her. She fought for her life and he cut her hands with the knife, severely. After the assault was over, the rapist told her if she was a good girl, he would come back to visit her, and then he left. She called 911 and a local friend and was taken to the hospital. There were no victim assistance personnel to help and the only people who showed up to talk to my friend were two detectives from the local police department.
Eventually, her assailant was caught and it took over two years to bring him to trial. He was convicted of rape and also assault with a deadly weapon. He was sentenced to life plus 25 years in prison. It was not the rape that garnered the lengthy sentence, it was the use of deadly weapon. His defense attorney later argued his sentence and his sentence was reduced to life in prison, which meant he would be eligible for parole after 25 years. He became eligible for release in 2016 and she was notified of his petition for parole. The PTSD from which she has suffered daily since the attack was amplified and it felt as though she was being victimized again. Unfortunately, her story and her experience with the medical and criminal justice system as a victim, is not unique.
“It is often said that victims of sexual assault are victimized twice, once by the perpetrator and again by the criminal justice system during the investigation of the crime and, if a suspect is arrested, during the prosecution phase.” (Bartol & Bartol, 2017) This statement was proven to be true time and time again in the case of my friend both during the prosecution of the assailant and after she was notified of his petition for parole.
Although many improvements have been made in how a victim of rape is treated (since the time of the attack on my friend) by the public, medical, and criminal justice systems, but there is still much to be done. Changes need to be made on all fronts, and the most basic change is how the public perceives rape, how it should be investigated/prosecuted, and how those found guilty should be sentenced. The ideas that only women can be raped, that someone’s attire makes someone a target, that someone’s drinking also makes them a target are myths that need to be dispelled. “Rape myths and misogynistic attitudes appear to play a major role in the sexual assault of women.” (Bartol & Bartol, 2017) Rape is about power and rage, and no one is asking to be raped, regardless of their attire, sobriety, perceived social cues, or whether or not they are male of female. The change in the FBI’s definition of rape is more inclusive and all encompassing than that of previous definitions and is a step in the right direction. According to the FBI, rape is now defined as the “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” (FBI, 2014)
The next improvement which must be addressed is that of the availability of victim services for a victim from the time of the first report until the trial (if there is a trial) is adjudicated. When my friend was raped, there were no victim services available to come to the hospital, nor to the eventual trial. The only two people with whom she had contact were the two male detectives. Victim services personnel play a vital role in the process of assisting a rape victim which starts as soon as the victim reports the rape whether they are at hospital or walk into a police station. Every law enforcement agency and prosecutors office, no matter the size, needs to establish a victim services department.
The medical system is the next area in need of improvement when working with victims of rape and trauma. Trauma response varies from person to person and situation to situation, so all medical personnel who are working in the emergency room should be required to take advanced training in trauma victims and how to treat them. Hospitals and medical facilities should actually form a dedicated team to address sexual assault victims, as opposed to having whomever happens to be present in the ER when a victim arrives, address the victim’s examination and needs.
Trauma training with regard to working with victims of sexual assaults is also needed for law enforcement officers and prosecutors of the cases. “Law enforcement agencies have been making strides toward improving the experiences of sexual assault survivors when they’re reporting their crime.” (Rousseau, 2019) However, victims may make inconsistent statements when reporting their crimes which may incorrectly lead the investigators to assume the victim is no telling the truth. My friend had to recount the event multiple times during the investigation. Having mandatory victim trauma training for responding police officers and advanced training for trauma for detectives and prosecutors handling these cases needs to be expanded. In addition, more resources need to be focused on genuinely clearing rape cases. The statistics for actual clearance rates are appalling. In 2017, just 32% of rape cases were closed nationwide (USA Today, 2018), and even with the #MeToo movement happening, the clearance rates are abysmally low. Numerous police departments also have declared cases as “unfounded,” (WESA NPR, 2019) and thus they are considered closed and removed from the statistics which means the clearance case for cases is likely lower than 32%. Victims of sexual assault deserve better than that.
With regard to sentencing those who are found guilty of rape, there is much change needed. When a person is raped, some part of them is forever taken or essentially killed, and the sentences should reflect this. I have made the analogy with my friend, that she went from a free spirited person who was full of joy, to a person who is fearful and suffers from horrible PTSD. Her assailant took part of her life that night, which she will never get back. He essentially killed that part, and sentences should reflect this. Again, her case is unfortunately not unique in the trauma that continues to occur. There have been several notable cases recently such as that of Brock Turner, in which, he raped a woman who was unconscious and yet he received a prison term of six months, but served only three months. What does such a sentence say to the victims and to those who would commit such heinous crimes?
According to the FBI (2014) in 2013, “79,770 rapes were reported which translates into approximately 25.2 per 100, 000 female inhabitants” and “research data also indicate that 18 percent of women in the United States have been raped at some point in their lifetimes,” (Bartol and Bartol) which is roughly one in five women. With this crime being so frequent, we need to examine the treatment of victims from the initial reporting of the incident until the trial (if there is one). My friend is a survivor, she survived the rape and the trauma from the medical and criminal justice systems as well. She shares her experience to help others, but changes need to be made to the systems that deal with victims. As a community, in all facets, we can improve so many aspects to assist the victims of sexual assault. We can and need to do better.
References:
Bartol, C and Bartol A (2017), Criminal Behavior: A Psychological Approach, 11 Edition, Pearson Press, Chapter 12
Rouseau, Danielle (2019) MET CJ 725: Forensic Behavior Analysis, Classroom notes: Module 5
Mustian, Jim and Sisak, Michael, (2018) “Despite #MeToo, Clearance Rate for Rape Cases at Lowest Point since 1960. USA Today Available at: https://www.usatoday.com/story/news/nation/2018/12/27/rape-cases-clearance-rate-hits-low-despite-metoo/2421259002/
Perkins, Lucy, (2019) “Pittsburgh Police Dismiss Nearly One-Third of Rape Cases as Unfounded.” WESA NPR News Station. Available at: https://www.wesa.fm/post/pittsburgh-police-dismiss-nearly-one-third-rape-cases-unfounded#stream/0
Neary, Lynn (2019) “Victim of Brock Turner Assault Reveals Her Identity,” www. NPR.com, Available at: https://www.npr.org/2019/09/04/757626939/victim-of-brock-turner-sexual-assault-reveals-her-identity
My college roommate gave permission to use her story in this blog entry.
Consistency in The Insanity Defense
I was first introduced to the concept of the insanity defense as a senior in high school and when asked to take a side in a criminal case, I remember thinking that pleading insanity was absurd and giving criminals an easy way out. However, given the opportunity to reconsider I realize there is a lot more that goes into it. In fact, people who get the insanity defense often give up their freedom for longer than a prison sentence for the same crime but they are less likely to reoffend for the same crime.
In an article on insanity defense, they explain a case in which a man with no previous history of mental illness pushed a woman into the path of a subway train, he was later evaluated and found to be psychotic (Reid 171). This was an interesting case because there was no previously known illness. It brings up an interesting point in questioning how consistent this defense can be because someone like Jeffery Dahmer was found to be sane by a court of law in his trial. No two of these cases are like on another so it is hard to set certain guidelines for judges to follow in these types of cases because they are so unique and it is possible that two different juries would not vote the same on the same case.
Other difficulties with the jury include the state of the individual. It could be more convincing to a jury if they see the psychosis in a court of law, however being in a state of psychosis leads to unpredictable behavior. Taking medication controls psychosis and the unpredictable behavior but it produces side effects that make it difficult to be in court, however stopping necessary medication after it has started produces other side effects and withdrawal symptoms. No matter what the situation is riddled with ethical issues and difficult to keep consistent.
References:
Reid, W. (2000). The insanity defense: Bad or mad or both? Journal of Psychiatric Practice, 169-172.
Mass Murder and the Fuel of Misogyny
Since the #metoo movement took off in 2017, an increasing number of women (Note: this blog focuses on women, but fully acknowledges that more men are coming forward with stories of sexual abuse and harassment and that this warrants further attention. The intersection of victimizations experienced by LGBTQ people as well as ethnic minorities is also acknowledged, but is beyond the scope of this post) have come forward with their stories of sexual harassment and assault. The public has increasingly started to acknowledge the magnitude of misogyny as a global as well as local societal problem. Importantly, the movement it has allowed women to come forward with stories of sexual harassment that entail a much broader spectrum of abuse than physical assault and rape. This has enabled victims of sexual harassment in the workplace, or of unwanted (and often offensive) sexual attention, remarks and even stalking, in the public space and online, to come forward and describe the impact this has had on their lives. People who have lived with repressed trauma now have a large community, often online, to share their experiences and to find ways to heal. Sexual harassment, as evidenced by the Everyday Sexism Project (everydaysexism.com), has shown to be of such enormous proportions globally, that in effect it is threatening the safety and security of women as they move in the public space. (Bates 2017) According to a New York Times article, 77% of the asked women had experienced verbal sexual harassment, and 51% had experienced unwelcome sexual touching. (Chira 2018) Name-calling and jokes, or even threats, of rape by strangers or acquaintances lead women to employ protection tactics that in their most dramatic form lead to avoidance of public spaces altogether because of the fear and trauma such threats induce. It is unacceptable for societies that half the population are being traumatized and scared into often avoiding public spaces altogether, or at certain times of the day or night. As expressed by the French president Emmanuel Macron, a new law that came into practice in France in 2018 making verbal sexual harassment in public punishable with fines up to €750, was introduced to ensure that women no longer had to be afraid to be outside. (Osborne 2018) Addressing misogyny as a hate crime on the same level as racist violence or violence against a religious group, will contribute to legitimizing the feelings of trauma in victims of misogynistic violence, be it physical or psychological, such as online trolling and death threats.
However, the issue of misogyny and resentment towards women also manifests itself in other, troubling ways. More and more frequently we see large-scale violent attacks such as school shootings and terrorist attacks with a perpetrator who turns out to have a history of domestic violence, or has expressed his hatred against women in online fora. This holds true for incidents even where the perpetrator’s targets are not specifically groups of women or girls. One example is the Orlando nightclub shooting which took place in 2016. Additionally, one statistic shows that more than half of the mass shooters from 2009-2017 in the US, had been involved in domestic violence prior to the incident. (Bosman, Taylor & Arango, 2019)
Although very few people questioned terrorist groups such as Al-Qaeda, or the tribal Taliban’s unmitigated attempts to eradicate women from the public sphere altogether, there has been less discussion about misogyny being the common denominator between a disturbing number of school shootings, right-wing and jihadist-inspired terrorist attacks in the recent years. While all such crimes receive enormous media attention because of their incomprehensible brutality, forensic analysts need to go a step further and look beyond their self-proclaimed “ideology” for their attacks. Where misogyny is a part of the issue and there is a history of domestic or gender-based violence, the criminal justice system as well as the health system have a responsibility to address this as a real and potent problem where victims of such crimes experience enormous trauma both through their own direct interaction with the perpetrator, but also after a large-scale attack.
The perpetrators also often have trauma in their history. Certain individuals with difficult childhoods and childhood trauma embark on the path of radicalization into violent extremism be it white supremacist groups or other terrorist groups. The same pattern is recognized in misogynists who commit mass murder, according to founder of the Violence Project and psychologist, Jillian Peterson. She said in an interview with the New York Times that angry, traumatized individuals looking for someone to blame more increasingly direct their anger at women. (Bosman, Taylor & Arango, 2019) Awareness in schools and amongst parents about the harmful effects of trauma on a child should be improved. This evidently has to include bullying and providing support to individuals who experience exclusion or rejection by their peers.
Addressing mass shootings, including terrorism, requires comprehensive analyses of the causes that trigger these incidents. One cause which has been addressed here is increased hatred for women and a misogynistic worldview which is often due to being bullied and/or rejected by peers. The anger, then, is often directed at women and girls. As psychiatrists express, it is not enough to explain these incidents with mental illness. There is an aggrieved entitlement fueling movements such as the ‘incel’-movement (short for involuntary celibate), where mass murderers attacking women are celebrated in online echo-chambers of aggrieved likeminded individuals. (Bosman, Taylor & Arango, 2019) The problem is that their grievance exist because they believe they are entitled to have access to women and to women’s bodies. Although this is but one of the factors contributing to ignite mass murder and terrorist attacks, it is an increasing common denominator as noted by Bosman, Taylor & Arango in their New York Times article. If we as societies do not address this issue and have a real discussion about why an increasing number of young men contain feelings of entitlement to women’s bodies and lives and act it out through verbal and physical abuse (if not going as far as a mass shooting) we risk losing the moment to appropriately prevent more violence and help individuals who are at risk of becoming violent criminals.
Sources:
- Bates, L. (2017, April 17) What I have learned from five years of Everyday Sexism. The Guardian. Retrieved from: https://www.theguardian.com/lifeandstyle/2017/apr/17/what-i-have-learned-from-five-years-of-everyday-sexism
- Bosman, J., Taylor K., & Arango, T. (10 August 2019) A Common Trait Among Mass Killers: Hatred Towards Women. New York Times. Retrieved from: https://www.nytimes.com/2019/08/10/us/mass-shootings-misogyny-dayton.html?auth=login-facebook&login=facebook
- Chira, S. (2018, February 21). Numbers Hint at Why #MeToo Took Off: The Sheer Number Who Can Say Me Too. The New York Times, , Retrieved from https://www.nytimes.com/2018/02/21/upshot/pervasive-sexual-harassment-why-me-too-took-off-poll.html
- Everyday Sexism Project (https://everydaysexism.com)
- Osborne, S, (2018, May 17) France to fine men up to €750 for wolf-whistling, The Independent. Retrieved from https://www.independent.co.uk/news/world/europe/france-fine-wolf-whistling-ban-men-cost-penalty-law-a8356556.html
- The Violence Project ( https://www.theviolenceproject.org/)
Vicarious Trauma
Self Care Within The Prison System
CJ725 Forensic Behavior Analysis Blog
Self Care Within The Prison System
By Lynne Sullivan December 7, 2019
What is self-care?
Self-care is any activity that we do deliberately in order to take care of our mental, emotional, and physical health. Although it’s a simple concept in theory, it’s something we very often overlook. Good self-care is key to improved mood and reduced anxiety. It’s also key to a good relationship with oneself and others. (Michael 2018)
Being in prison can be a traumatic experience. The environment, the strict rules, regulations and lack of personal control all have an impact on your mental health. That is why self care while incarcerated is vital to a person’s mental health. Looking after your mental health with self care can help you cope with life in the prison system. Make positive changes to improve your well being. Build better support networks with family, friends and other inmates. Build better relationships with staff and professionals who can help. Self care is essential.
Since incarceration is a very traumatic experience. It can require a lifetime of self care management. There are several methods one can utilize while incarcerated to help keep a person’s mind at peace. However, not all correctional facilities have self care programs; some facilities may have more, some less.. People who are sentenced to state prison often have more programming that a county facility. This is due to the difference in sentencing structure. A typical county facility will house people for up to 2.5 years unless they have an on and after sentence in which case they would do both sentences back to back. State facilities are typically for people serving 2.5 years and up to life. These are the facilities that will usually have more programs available. Most all facilities can hold people who are awaiting trial. These folks can be waiting for years before actually being sentenced or sent home without a charge.
Many prisons have programs that can be accessed by all who are incarcerated. These programs can be utilized for self care purposes. Taking care of your body and mind is essential to maintaining sanity within the confines of prison walls. Let's look at the benefits of a couple methods of self care offered in prisons. A mountain of evidence shows that aerobic exercise—such as brisk walking, running, cycling, or playing tennis—can help improve your mood, reduce your stress, and boost well-being. Worrying now and then is part of life. Living within the prison system, worry is a part of everyday life. People with generalized anxiety disorder (GAD), excessive, ongoing worry and anxiety about a variety of things can spiral out of control. This disturbed sleep often goes hand in hand with this pattern of chronic worrying. People with GAD may have trouble falling asleep, or their slumber may be fitful and restless. Add prison stressors to the equation and you have more than sleepless nights. Andrews (2017)
Weightlifting, on the other hand, is anabolic: It builds the body up and promotes the release of the feel-good hormone testosterone.Two new studies lend scientific credence to my experience. The first, published in 2017 in the journal Sports Medicine, found that lifting weights reduces the symptoms of anxiety. The second, published in May of this year in JAMA Psychiatry, found that lifting weights can help ease and even prevent depression. Both of these studies are particularly valuable because they are meta-analyses (comprehensive reviews of multiple experiments). In other words, these aren’t just one-off findings. Stulberg (2018)
There are other means of self care beside participation in activities provided by the facilities. For many who are locked in a unit for several hours a day they might play cards “spades”. This is a form of social activity that not only connects people but releases stress by taking you out of your thoughts. It is a time that you can focus on the people around you instead of where you are or why. When someone is missing home or feeling down, it is often good to surround yourself with people who can understand you. For others prayer or morning meditation is another way many will start the day. It gives them a closeness to a higher power, the hope, the strength that is needed to survive another day. It can be a way to hold peace within yourself.
Self care comes in many forms within the prison systems. Each person will need to find what works best for them. However, no matter what that is isn’t important as long as they are being kind and gentle to themselves.
References:
Andrews, L. (posted Mar 29, 2017) How Strength Training Helps Keep Anxiety at Bay: Resistance training may help you resist excessive worry and anxiety Retrieved From: https://www.psychologytoday.com/us/blog/minding-the-body/201703/how-strength-training-helps-keep-anxiety-bayMinding the Body
Stulberg, B. (Jul 5, 2018) Lifting Weights Helps Ease Anxiety and Depression Retrieved From: https://www.outsideonline.com/2324201/lifting-weights-helps-ease-anxiety-and-depression
Michael, R. (July 8, 2018) What Self-Care Is — and What It Isn’t Retrieved From: https://psychcentral.com/blog/what-self-care-is-and-what-it-isnt-2/
Malingering
The picture was for your attention!
I found the discussion our group had on malingering very interesting. I had brought up the movie Primal Fear and many classmates discussed real cases they knew about in relation to feigning a mental illness in regards to the Criminal Justice system. Since I was so intrigued by the real cases mentioned, I wanted to read more about them. However I ended up stumbling on this really interesting article titled, Faking it: How to detect malingered psychosis. I wanted to highlight some of the more interesting points the article made.
According to the article, malingering is “the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives.” (Resnick & Knoll, 2005, p. 14) Even the smartest of psychiatrists and criminal justice officials can be duped by cunning criminals. So how can they limit the potential of this happening? How can they act as a human lie detector test when some of these criminals are so highly manipulative and sophisticated? I think it is safe to say there is no full proof way to detect if someone is faking a mental illness; however this article identified some helpful tips in recognizing some of the lies, and provided some insight into the idea of malingering.
Malingering is typically used for two purposes – avoiding pain, or seeking pleasure. Avoiding pain could be feigning illness to get out of jail and be housed in a mental hospital for a shorter period of time, or even to miss some days of work (as seen in the cartoon above). Malingering is also used to seek pleasure; this could come in the form of controlled substances, or even workers compensation benefits. There are three types of malingering: pure, partial and false imputation. Pure is when they straight up fake a nonexistent disorder, partial is when they exaggerate real symptoms, and false imputation is when they “ascribe real symptoms to a cause the individual knows is an unrelated to the symptom.” (Resnick & Knoll, 2005, p. 14)
The article provides some tips and tricks for identifying malingering when conducting an interview. For example, it states that if you suspect the person is faking, do not let on that you are suspicious. Proceed with an objective interview. This way they will not become defensive and be put on guard. This will make it harder for you to make a determination. You should also ask open-ended questions. Subjects should describe their symptoms in their own words and should not be led to an answer. Then once they identify their symptoms, you can get more specific and detailed with the questions.
Some more advice given – try to make the interviews long. Malingerers have difficulty maintaining fake symptoms for longer periods. When possible, the authors recommended monitoring them in an inpatient facility during the assessment phase because faking psychosis is difficult to do 24 hours a day. Also helpful and perhaps, critical, is to review collateral data and information associated with these cases. This could be previous interviews, evaluations, personnel files, depositions, police reports, etc. These are items that can help corroborate or disprove the fact they are faking.
Another interesting finding is when a subject’s language use when they claim to have hallucinations. The authors noted two examples they witnessed firsthand. First, a person who was charged with rape told the officers that voices told him to “go commit a sex offense” and another example was of a robber who claimed voices kept telling him to yell “stick up, stick up, stick up.” This specific language was identified as “stilted or implausible.” The article did not really identify what would have been a more “logical” language that would have suggested a crime was truly committed by a sick person, but my assumption is that it was almost too perfect of an excuse.
Malingerers may also claim to have active auditory and visual hallucinations but do not show signs of being distracted. They may act confused in the presence of a doctor, but are excellent chess players when they play against other patents in a facility. They also may say they “don’t know” when asked detailed questions about psychotic symptoms. A person with honest psychotic symptoms would be able to provide an answer. I found some of these tips as common sense, but a lot were rather interesting and something I may not have thought of (i.e. the hallucination language example).
These fakers typically trip up in certain areas. There are some obvious clues like when they completely contradict themselves, and then there are the slightly nuanced lies that can be picked up on by professionals. They may overact and think that the more bizarre they behave, the more convincing they are. In reality they would be more effective if they don’t engage in unusual or odd symptoms, but rather play it more low-key. Malingerers are noted to almost flaunt their illness and chat about it, whereas patients with true schizophrenia, for example, are reluctant to admit it or discuss it further.
Popular and validated tests to detect malingering include assessments like Structured Interview of Reported Symptoms (SIRS), Minnesota Multiphasic Personality Inventory, Revised (MMPI-2) and the Miller Forensic Assessment of Symptoms Test (M-Fast). The article gives a slight overview of each test.
Worth noting, as I think we have all have mentioned in some discussions posts (throughout our BU CJ journey) is the “CSI effect.” With classes like ours and articles like this, we all get better and more educated and aware, but so do the criminals. On a semi related note, in watching the Netflix show “Unbelievable” which was based on a true story centered on a serial rapist who learned how to clean crime scenes by reading a textbook (basically a “playbook” of sorts, although not at all its intention). So I do struggle with articles such as these that make the good guys more intelligent, but can also benefit the bad guys. Overall, this was a really interesting article. I recommend reading it if you have a chance as it covered some other details I did not touch upon for this post.
Reference:
Resnick, P. & Knoll, J. (2005). Faking it. Current Psychiatry. Retrieved from: https://mdedge-files-live.s3.us-east-2.amazonaws.com/files/s3fs-public/Document/September-2017/0411CP_Article1.pdf
Malingering
The picture was for your attention!
I found the discussion our group had on malingering very interesting. I had brought up the movie Primal Fear and many classmates discussed real cases they knew about in relation to feigning a mental illness in regards to the Criminal Justice system. Since I was so intrigued by the real cases mentioned, I wanted to read more about them. However I ended up stumbling on this really interesting article titled, Faking it: How to detect malingered psychosis. I wanted to highlight some of the more interesting points the article made.
According to the article, malingering is “the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives.” (Resnick & Knoll, 2005, p. 14) Even the smartest of psychiatrists and criminal justice officials can be duped by cunning criminals. So how can they limit the potential of this happening? How can they act as a human lie detector test when some of these criminals are so highly manipulative and sophisticated? I think it is safe to say there is no full proof way to detect if someone is faking a mental illness; however this article identified some helpful tips in recognizing some of the lies, and provided some insight into the idea of malingering.
Malingering is typically used for two purposes – avoiding pain, or seeking pleasure. Avoiding pain could be feigning illness to get out of jail and be housed in a mental hospital for a shorter period of time, or even to miss some days of work (as seen in the cartoon above). Malingering is also used to seek pleasure; this could come in the form of controlled substances, or even workers compensation benefits. There are three types of malingering: pure, partial and false imputation. Pure is when they straight up fake a nonexistent disorder, partial is when they exaggerate real symptoms, and false imputation is when they “ascribe real symptoms to a cause the individual knows is an unrelated to the symptom.” (Resnick & Knoll, 2005, p. 14)
The article provides some tips and tricks for identifying malingering when conducting an interview. For example, it states that if you suspect the person is faking, do not let on that you are suspicious. Proceed with an objective interview. This way they will not become defensive and be put on guard. This will make it harder for you to make a determination. You should also ask open-ended questions. Subjects should describe their symptoms in their own words and should not be led to an answer. Then once they identify their symptoms, you can get more specific and detailed with the questions.
Some more advice given – try to make the interviews long. Malingerers have difficulty maintaining fake symptoms for longer periods. When possible, the authors recommended monitoring them in an inpatient facility during the assessment phase because faking psychosis is difficult to do 24 hours a day. Also helpful and perhaps, critical, is to review collateral data and information associated with these cases. This could be previous interviews, evaluations, personnel files, depositions, police reports, etc. These are items that can help corroborate or disprove the fact they are faking.
Another interesting finding is when a subject’s language use when they claim to have hallucinations. The authors noted two examples they witnessed firsthand. First, a person who was charged with rape told the officers that voices told him to “go commit a sex offense” and another example was of a robber who claimed voices kept telling him to yell “stick up, stick up, stick up.” This specific language was identified as “stilted or implausible.” The article did not really identify what would have been a more “logical” language that would have suggested a crime was truly committed by a sick person, but my assumption is that it was almost too perfect of an excuse.
Malingerers may also claim to have active auditory and visual hallucinations but do not show signs of being distracted. They may act confused in the presence of a doctor, but are excellent chess players when they play against other patents in a facility. They also may say they “don’t know” when asked detailed questions about psychotic symptoms. A person with honest psychotic symptoms would be able to provide an answer. I found some of these tips as common sense, but a lot were rather interesting and something I may not have thought of (i.e. the hallucination language example).
These fakers typically trip up in certain areas. There are some obvious clues like when they completely contradict themselves, and then there are the slightly nuanced lies that can be picked up on by professionals. They may overact and think that the more bizarre they behave, the more convincing they are. In reality they would be more effective if they don’t engage in unusual or odd symptoms, but rather play it more low-key. Malingerers are noted to almost flaunt their illness and chat about it, whereas patients with true schizophrenia, for example, are reluctant to admit it or discuss it further.
Popular and validated tests to detect malingering include assessments like Structured Interview of Reported Symptoms (SIRS), Minnesota Multiphasic Personality Inventory, Revised (MMPI-2) and the Miller Forensic Assessment of Symptoms Test (M-Fast). The article gives a slight overview of each test.
Worth noting, as I think we have all have mentioned in some discussions posts (throughout our BU CJ journey) is the “CSI effect.” With classes like ours and articles like this, we all get better and more educated and aware, but so do the criminals. On a semi related note, in watching the Netflix show “Unbelievable” which was based on a true story centered on a serial rapist who learned how to clean crime scenes by reading a textbook (basically a “playbook” of sorts, although not at all its intention). So I do struggle with articles such as these that make the good guys more intelligent, but can also benefit the bad guys. Overall, this was a really interesting article. I recommend reading it if you have a chance as it covered some other details I did not touch upon for this post.
Reference:
Resnick, P. & Knoll, J. (2005). Faking it. Current Psychiatry. Retrieved from: https://mdedge-files-live.s3.us-east-2.amazonaws.com/files/s3fs-public/Document/September-2017/0411CP_Article1.pdf
Racial Profiling
Comfort Dogs in Court: Healing Victims or Jeopardizing the Right to a Fair Trial?
My city in New Hampshire made headlines this year for being the first police force in the state to adopt a comfort dog. In April, Liberty the yellow lab officially joined the Concord Police Department to help victims of trauma at court hearings, crime scenes, and car accidents. While Liberty has become something of a local celebrity in Concord, receiving lots of love and excitement during her visits to local schools, senior centers, and city events, most notably she recently visited the statehouse to help the Concord Police push for a bill in the state legislature. HB513--appropriately referred to as “Liberty’s Bill”--would make it legal for therapy and comfort animals like Liberty to sit alongside victims while they give testimony in court. Unfortunately, despite Liberty’s charming guest appearance, the bill became partisan and was ultimately ruled “inexpedient to legislate” which effectively killed the legislation and prevented it from being voted on ("NH BH513"). 
A retired local pediatrician speaking in favor of the bill argued that comfort and therapy dogs like Liberty can “mitigate [a] child’s stress allowing the child to provide more accurate and credible testimony,” (Underwood, 2019). However, the use of comfort animals in court environments has become a topic of fervent debate in recent years. Currently, 26 states have programs that allow therapy dogs in courtrooms, but in many cases where legal teams have requested the use of comfort or therapy animals during testimony on the witness stand, particularly on behalf of children, opposing counsel have frequently argued that the use of these animals undermines the right to a fair trial as they have the potential to “evoke empathy in the minds of the jurors and distract from opposing evidence,” (Holder, 2013).
In a 2013 study published in the Houston Law Review, Casey Holder finds that despite objections to the practice, the benefits to using comfort and therapy dogs in court far outweigh the drawbacks. She finds that in particularly traumatic cases “the testimony of victims and witnesses is often crucial to the successful prosecution of a criminal case,” and that “dogs reduce the likelihood that children will be retraumatized during trial [and] allow children to more comfortably testify in the courtroom.” She argues that “courts consistently conclude that the benefit of a clear and coherent testimony outweighs any potential prejudicial effect of a comfort item on the defendant’s right to a fair trial” and urges all states to allow and promote this practice (Holder, 2013). 
Victims of traumatic and violent crimes often suffer severe psychological distress and face a significant struggle during trials and court proceedings to testify and relive the events in question. Bartol & Bartol detail the difficulties of coming forward for survivors of child sexual victimization in particular--one of the areas where animals like Liberty could prove to be particularly helpful and effective--citing that “one in five survivors never disclosed childhood sexual abuse, and approximately 60 percent delayed disclosure for over five years after the first episode” (Bartol & Bartol). In many cases, therapy dogs have enabled victims to open up about their trauma while helping them to reduce feelings of fear and anxiety, and better cope with the “severe emotional and psychological stress” of testifying in a courtroom (Holder, 2013).
Whether or not Liberty will one day get to do her job in a courtroom remains unforeseen. Given the significant academic research and evidence of the benefits of therapy animals for victims of trauma, this matter poses an important question for our criminal justice system moving forward--do we value the psychological safety and comfort of victims or the constitutional right to a fair trial more highly?
References:
Bartol, Curt. Criminal Behavior (p. 384). Pearson Education. Kindle Edition.
Holder, Casey. (2013). All dogs go to court: The impact of court facility dogs as comfort for child witnesses on a defendant's right to a fair trial. Houston Law Review, 50(4), 1187.
New Hampshire HB513: 2019: Regular Session. (n.d.). Retrieved December 5, 2019, from https://legiscan.com/NH/bill/HB513/2019.
Underwood, K. (2019, January 29). NH Police Department to Receive Comfort Dog. Retrieved December 5, 2019, from https://www.nbcboston.com/news/local/Concord-Police-Department-New-Hampshire-Gets-Comfort-Dog-505046172.html.
Human Trafficking
For my blog post I picked something that hit really close to home for me. A few weeks ago a female was apprehended after being indicted in a human trafficking drug ring that has been going on since 2016. The reason this hits really close to home is because in the past several months there have been a handful of unsuccessful attempts to abduct women from local grocery stores. One of those was my mother’s boss. The woman who was apprehended had actually worked with me just a few weeks prior to being caught. I even trained her.
We have discussed crimes such as rape and sexual predators. This young woman whose was apprehended was a victim of human trafficking in the past. She even spoke on the Health Panel at the 9th Annual Human Trafficking Awareness day, to tell her story and help lead the fight against human trafficking. Her charges range from charged with one count each of engaging in a pattern of corrupt activity, trafficking in persons for commercial sex acts, compelling prostitution, promoting prostitution and kidnapping.
In module five on looking at offenders it ask you what image comes to mind when you think of the typical sex offender” (Rousseau, 2019). The image I had in my head was definitely not one of the females that I had previously worked with. Biological, psychological , and social factors play a big role. In this case (which is in the early stages) psychological factors play a huge role. The trauma she had suffered before no doubt contributed; social factors could play a big role as well. The areas she grew up in before moving down to this area in Ohio played a big role because of the individuals she was previously involved with.
I am attaching a link to one of the articles. https://www.dispatch.com/news/20191119/seven-indicted-in-suspected-human-trafficking-ring
References
Rousseau, D. (November 2019). Lesson 5.2 Sexual Offenses and Treatment.