Kirk Heilbrun - Academia.edu (original) (raw)

Papers by Kirk Heilbrun

Research paper thumbnail of Life-sentenced juveniles: Public perceptions of risk and need for incarceration

Behavioral Sciences & The Law, Sep 1, 2018

individuals convicted of crimes committed when they were younger than 18 and for which they recei... more individuals convicted of crimes committed when they were younger than 18 and for which they received mandatory life sentences are entitled to new sentencing hearings. This study examined public perceptions of such individuals (life-sentenced juveniles, or LSJs). Study participants were 663 adults (52.3% male) ages 22-71 years (M = 36.00, SD = 11.46) recruited using Amazon Mechanical Turk (MTurk). Each participant received one of a possible four vignettes about a man who was incarcerated for a crime that occurred when he was 17 years old and subsequently sentenced to mandatory life in prison following conviction. Two variables (risk of harming others if released to the community, and circumstances of the crime) were manipulated in a 2 × 2 between-subjects design. Each participant read one vignette and then answered questions relating to appropriateness for release from prison. Results indicate that risk, but not circumstances of the crime, strongly influenced participants' views regarding resentencing. When the individual in the vignette was labeled as high risk, participants described him as less appropriate for release, more deserving of punishment, needing more rehabilitation, and more appropriate for specific and general deterrence. The circumstances of the crime had no effect on participants'

Research paper thumbnail of Forensic Mental Health Assessment in Pennsylvania: Legal and Clinical Issues

Research paper thumbnail of The development of an RNR Treatment Adherence Rating Form

Research paper thumbnail of A Behavioural Science Perspective on Identifying and Managing Hindsight Bias and Unstructured Judgement: Implications for Legal Decision Making

John Wiley & Sons, Ltd eBooks, May 13, 2008

Research paper thumbnail of Child Custody Evaluation: Critically Assessing Mental Health Experts and Psychological Tests

... malingering, defensive, or irrelevant rather than honest/reliable, the results of psychologic... more ... malingering, defensive, or irrelevant rather than honest/reliable, the results of psychological testing may need to ... Virtually every psychological test requires that the patient attempt to accurately report his or ... may not invalidate the results, the more extreme forms of deception or the ...

Research paper thumbnail of Empathy, Acceptance of Responsibility, and Compelled Testimony in Juvenile Transfer Hearings: Legal Context and Empirical Evidence

Research paper thumbnail of Violence Risk: From Prediction to Management

John Wiley & Sons, Ltd eBooks, Mar 2, 2005

There has been enormous progress in violence risk assessment during the last decade.Muchofthispro... more There has been enormous progress in violence risk assessment during the last decade.Muchofthisprogresshasbeenseenintheimprovedcapacitytoaccuratelyidentifyin-dividuals at high risk for future violent behavior, in populations including adults withsevere mental illness (Monahan et al., 2001; Steadman et al., 1998), correctional pop-ulations(DouglasandWebster,1999;AndrewsandBonta,1995),mentallydisorderedoffenders (Webster et al., 1997; Quinsey et al., 1998), and sexual offenders (Hanson,1998). Associated with these advances have been both conceptual changes (Monahanand Steadman, 1994a; Steadman et al., 1994) and implications for improved practice(Dvoskin and Heilbrun, 2001).The term ‘risk assessment’ may be construed narrowly, to describe the process ofidentifying risk of future violence and enhancing the accuracy of predictions of suchfuture violence. It may also be considered more broadly, to include the areas of

Research paper thumbnail of Lesbian and gay parents and determination of child custody: The changing legal landscape and implications for policy and practice

Psychology of sexual orientation and gender diversity, Mar 1, 2014

Child custody assessments are among the most complex kinds of psychological evaluations conducted... more Child custody assessments are among the most complex kinds of psychological evaluations conducted for the courts. There are standards for best practice associated with such evaluations, but relatively little has been written about how such standards apply to custody evaluations involving lesbian and gay parents. This article describes the current legal context surrounding custody determinations involving 1 lesbian or gay parent and 1 heterosexual parent, and those in which a former same-sex couple has sought a custody determination of children they have coparented. In addition to reviewing the relevant law on how sexual orientation can affect custody and how that law has changed over time, the article has briefly summarized key points from the empirical research evidence on major questions and concerns associated with lesbian and gay parents that arise in custody decision-making: parenting ability, impact on children's sexual orientations, social stigma confronting children, and children's general adjustment. The research to date, although limited in some respects, has provided no evidence that lesbian and gay parents differ from heterosexual parents in these areas. Finally, we have highlighted implications for policy and for forensic practice related to custody determinations involving a lesbian or gay parent and forensic psychological evaluations in custody cases. Because there is very little empirical research and few custody cases specifically focused on bisexual parents, this article does not address custody cases involving such parents.

Research paper thumbnail of A Framework for Forensic Mental Health Assessments

Oxford University Press eBooks, Feb 23, 2023

Research paper thumbnail of Interventions with individuals exonerated from criminal convictions: Toward development of evidence-based practices in a psychology training clinic

Practice innovations, Jul 28, 2022

Research paper thumbnail of Using the MMPI-3 in Legal Settings

Journal of Personality Assessment, 2021

Abstract In this paper, we review the historical evolution of the MMPI instruments, consider the ... more Abstract In this paper, we review the historical evolution of the MMPI instruments, consider the empirical foundations for its use in Forensic Mental Health Assessments (FMHAs) with particular emphasis on the applicability of MMPI-2-RF research to these evaluations, and identify ways in which the inventory can be effectively but also inappropriately used in these assessments. We also review appellate court decisions related to forensic uses of the MMPI and discuss implications for cross-examination on MMPI-3-based testimony, emphasizing the need for forensic practitioners to be familiar with the empirical research available to guide MMPI-3 use in FHMAs. We identify areas needing further research, including the utility of the test in assessments of persons of color, investigations of the applicability of MMPI-3 results in various specific forensic assessments and rehabilitative applications, and further research on implications of the new English and Spanish-language norms. Potential contributions of studies using the updated MMPI-3 scales in descriptive research on forensic populations are also discussed. We conclude that when used properly to assess for evidence of invalid responding that may affect FMHAs, or psychological functioning relevant to answering psycho-legal referral questions, the MMPI-3 rests on solid empirical foundations that can withstand the scrutiny inherent in forensic evaluations.

Research paper thumbnail of A Principles-Based Analysis of Change in Forensic Mental Health Assessment During a Global Pandemic

The Journal of the American Academy of Psychiatry and the Law, 2020

The impact of the COVID-19 pandemic has been far-reaching. Among other things, it has forced the ... more The impact of the COVID-19 pandemic has been far-reaching. Among other things, it has forced the reexamination of numerous aspects of professional procedures associated with law, psychiatry, psychology, and the forensic mental health assessments (FMHA) provided for courts and attorneys. In a

Research paper thumbnail of The Importance of Racial Identity in Forensic Mental Health Assessment

The Journal of the American Academy of Psychiatry and the Law, 2021

Identity We define "identity" as how a person perceives self ("who I am") and how the person is r... more Identity We define "identity" as how a person perceives self ("who I am") and how the person is regarded and treated by others ("who that person is perceived to be"), especially as the latter involves perceptions based on a special grouping or classification to which the person belongs (or is perceived to belong). Examples of classifications frequently encountered in self-identity, or categorical identification by others, include race, ethnicity or culture; gender and gender identity; other demographic groups (e.g.

Research paper thumbnail of The Practice of Forensic Psychology

Clinical Forensic Psychology and Law, 2019

Research paper thumbnail of Emerging Directions: Implications for Reasearch, Policy and Practice

Research paper thumbnail of Releasing individuals from incarceration during COVID-19: Pandemic-related challenges and recommendations for promoting successful reentry

Psychology, Public Policy, and Law, 2020

The emergence and rapid growth of the coronavirus disease 2019 (COVID-19) pandemic has significan... more The emergence and rapid growth of the coronavirus disease 2019 (COVID-19) pandemic has significantly impacted the U S criminal justice system as federal and state governments consider allowing the early release of select currently incarcerated individuals to mitigate the pandemic's spread As a result, the number of incarcerated individuals released into the community is likely to increase abruptly COVID-19 has drastically altered the communities to which reentering individuals are returning, and the needs of reentry populations are changing accordingly This article reviews the existing and anticipated criminogenic needs of previously incarcerated individuals as they transition to the community during a pandemic It also provides recommended adaptations to reentry services in order to promote successful reentry during the COVID-19 pandemic (PsycInfo Database Record (c) 2020 APA, all rights reserved)

Research paper thumbnail of Risk assessment and juvenile resentencing: A critical analysis

Behavioral Sciences & the Law, 2018

Recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisi... more Recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) have created the need to resentence individuals who received a sentence of mandatory life without parole (LWOP) for offenses committed when they were younger than 18 years old. Neither of these decisions explicitly cite reoffense risk as a sentencing criterion, but a careful reading of the reasoning in these cases suggests that such a risk should be among the considerations addressed by resentencing courts. If so, important theoretical and scientific questions are raised about the nature of risk assessment tools, in particular the distinction between static and dynamic risk factors. Additionally, the novelty of LWOP resentencing raises further questions about the applicability of these tools to individuals who have been incarcerated for long periods of time. We address these questions, call for additional research on dynamic risk factors, and offer recommendations for professi...

Research paper thumbnail of Risk Factors and Intervention Outcomes

Juvenile Delinquency, 2005

Research paper thumbnail of Toward Best Practices in Forensic Mental Health Assessment

Foundations of Forensic Mental Health Assessment, 2008

Research paper thumbnail of Substance and style of expert testimony: Ethics and effectiveness

Research paper thumbnail of Life-sentenced juveniles: Public perceptions of risk and need for incarceration

Behavioral Sciences & The Law, Sep 1, 2018

individuals convicted of crimes committed when they were younger than 18 and for which they recei... more individuals convicted of crimes committed when they were younger than 18 and for which they received mandatory life sentences are entitled to new sentencing hearings. This study examined public perceptions of such individuals (life-sentenced juveniles, or LSJs). Study participants were 663 adults (52.3% male) ages 22-71 years (M = 36.00, SD = 11.46) recruited using Amazon Mechanical Turk (MTurk). Each participant received one of a possible four vignettes about a man who was incarcerated for a crime that occurred when he was 17 years old and subsequently sentenced to mandatory life in prison following conviction. Two variables (risk of harming others if released to the community, and circumstances of the crime) were manipulated in a 2 × 2 between-subjects design. Each participant read one vignette and then answered questions relating to appropriateness for release from prison. Results indicate that risk, but not circumstances of the crime, strongly influenced participants' views regarding resentencing. When the individual in the vignette was labeled as high risk, participants described him as less appropriate for release, more deserving of punishment, needing more rehabilitation, and more appropriate for specific and general deterrence. The circumstances of the crime had no effect on participants'

Research paper thumbnail of Forensic Mental Health Assessment in Pennsylvania: Legal and Clinical Issues

Research paper thumbnail of The development of an RNR Treatment Adherence Rating Form

Research paper thumbnail of A Behavioural Science Perspective on Identifying and Managing Hindsight Bias and Unstructured Judgement: Implications for Legal Decision Making

John Wiley & Sons, Ltd eBooks, May 13, 2008

Research paper thumbnail of Child Custody Evaluation: Critically Assessing Mental Health Experts and Psychological Tests

... malingering, defensive, or irrelevant rather than honest/reliable, the results of psychologic... more ... malingering, defensive, or irrelevant rather than honest/reliable, the results of psychological testing may need to ... Virtually every psychological test requires that the patient attempt to accurately report his or ... may not invalidate the results, the more extreme forms of deception or the ...

Research paper thumbnail of Empathy, Acceptance of Responsibility, and Compelled Testimony in Juvenile Transfer Hearings: Legal Context and Empirical Evidence

Research paper thumbnail of Violence Risk: From Prediction to Management

John Wiley & Sons, Ltd eBooks, Mar 2, 2005

There has been enormous progress in violence risk assessment during the last decade.Muchofthispro... more There has been enormous progress in violence risk assessment during the last decade.Muchofthisprogresshasbeenseenintheimprovedcapacitytoaccuratelyidentifyin-dividuals at high risk for future violent behavior, in populations including adults withsevere mental illness (Monahan et al., 2001; Steadman et al., 1998), correctional pop-ulations(DouglasandWebster,1999;AndrewsandBonta,1995),mentallydisorderedoffenders (Webster et al., 1997; Quinsey et al., 1998), and sexual offenders (Hanson,1998). Associated with these advances have been both conceptual changes (Monahanand Steadman, 1994a; Steadman et al., 1994) and implications for improved practice(Dvoskin and Heilbrun, 2001).The term ‘risk assessment’ may be construed narrowly, to describe the process ofidentifying risk of future violence and enhancing the accuracy of predictions of suchfuture violence. It may also be considered more broadly, to include the areas of

Research paper thumbnail of Lesbian and gay parents and determination of child custody: The changing legal landscape and implications for policy and practice

Psychology of sexual orientation and gender diversity, Mar 1, 2014

Child custody assessments are among the most complex kinds of psychological evaluations conducted... more Child custody assessments are among the most complex kinds of psychological evaluations conducted for the courts. There are standards for best practice associated with such evaluations, but relatively little has been written about how such standards apply to custody evaluations involving lesbian and gay parents. This article describes the current legal context surrounding custody determinations involving 1 lesbian or gay parent and 1 heterosexual parent, and those in which a former same-sex couple has sought a custody determination of children they have coparented. In addition to reviewing the relevant law on how sexual orientation can affect custody and how that law has changed over time, the article has briefly summarized key points from the empirical research evidence on major questions and concerns associated with lesbian and gay parents that arise in custody decision-making: parenting ability, impact on children's sexual orientations, social stigma confronting children, and children's general adjustment. The research to date, although limited in some respects, has provided no evidence that lesbian and gay parents differ from heterosexual parents in these areas. Finally, we have highlighted implications for policy and for forensic practice related to custody determinations involving a lesbian or gay parent and forensic psychological evaluations in custody cases. Because there is very little empirical research and few custody cases specifically focused on bisexual parents, this article does not address custody cases involving such parents.

Research paper thumbnail of A Framework for Forensic Mental Health Assessments

Oxford University Press eBooks, Feb 23, 2023

Research paper thumbnail of Interventions with individuals exonerated from criminal convictions: Toward development of evidence-based practices in a psychology training clinic

Practice innovations, Jul 28, 2022

Research paper thumbnail of Using the MMPI-3 in Legal Settings

Journal of Personality Assessment, 2021

Abstract In this paper, we review the historical evolution of the MMPI instruments, consider the ... more Abstract In this paper, we review the historical evolution of the MMPI instruments, consider the empirical foundations for its use in Forensic Mental Health Assessments (FMHAs) with particular emphasis on the applicability of MMPI-2-RF research to these evaluations, and identify ways in which the inventory can be effectively but also inappropriately used in these assessments. We also review appellate court decisions related to forensic uses of the MMPI and discuss implications for cross-examination on MMPI-3-based testimony, emphasizing the need for forensic practitioners to be familiar with the empirical research available to guide MMPI-3 use in FHMAs. We identify areas needing further research, including the utility of the test in assessments of persons of color, investigations of the applicability of MMPI-3 results in various specific forensic assessments and rehabilitative applications, and further research on implications of the new English and Spanish-language norms. Potential contributions of studies using the updated MMPI-3 scales in descriptive research on forensic populations are also discussed. We conclude that when used properly to assess for evidence of invalid responding that may affect FMHAs, or psychological functioning relevant to answering psycho-legal referral questions, the MMPI-3 rests on solid empirical foundations that can withstand the scrutiny inherent in forensic evaluations.

Research paper thumbnail of A Principles-Based Analysis of Change in Forensic Mental Health Assessment During a Global Pandemic

The Journal of the American Academy of Psychiatry and the Law, 2020

The impact of the COVID-19 pandemic has been far-reaching. Among other things, it has forced the ... more The impact of the COVID-19 pandemic has been far-reaching. Among other things, it has forced the reexamination of numerous aspects of professional procedures associated with law, psychiatry, psychology, and the forensic mental health assessments (FMHA) provided for courts and attorneys. In a

Research paper thumbnail of The Importance of Racial Identity in Forensic Mental Health Assessment

The Journal of the American Academy of Psychiatry and the Law, 2021

Identity We define "identity" as how a person perceives self ("who I am") and how the person is r... more Identity We define "identity" as how a person perceives self ("who I am") and how the person is regarded and treated by others ("who that person is perceived to be"), especially as the latter involves perceptions based on a special grouping or classification to which the person belongs (or is perceived to belong). Examples of classifications frequently encountered in self-identity, or categorical identification by others, include race, ethnicity or culture; gender and gender identity; other demographic groups (e.g.

Research paper thumbnail of The Practice of Forensic Psychology

Clinical Forensic Psychology and Law, 2019

Research paper thumbnail of Emerging Directions: Implications for Reasearch, Policy and Practice

Research paper thumbnail of Releasing individuals from incarceration during COVID-19: Pandemic-related challenges and recommendations for promoting successful reentry

Psychology, Public Policy, and Law, 2020

The emergence and rapid growth of the coronavirus disease 2019 (COVID-19) pandemic has significan... more The emergence and rapid growth of the coronavirus disease 2019 (COVID-19) pandemic has significantly impacted the U S criminal justice system as federal and state governments consider allowing the early release of select currently incarcerated individuals to mitigate the pandemic's spread As a result, the number of incarcerated individuals released into the community is likely to increase abruptly COVID-19 has drastically altered the communities to which reentering individuals are returning, and the needs of reentry populations are changing accordingly This article reviews the existing and anticipated criminogenic needs of previously incarcerated individuals as they transition to the community during a pandemic It also provides recommended adaptations to reentry services in order to promote successful reentry during the COVID-19 pandemic (PsycInfo Database Record (c) 2020 APA, all rights reserved)

Research paper thumbnail of Risk assessment and juvenile resentencing: A critical analysis

Behavioral Sciences & the Law, 2018

Recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisi... more Recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) have created the need to resentence individuals who received a sentence of mandatory life without parole (LWOP) for offenses committed when they were younger than 18 years old. Neither of these decisions explicitly cite reoffense risk as a sentencing criterion, but a careful reading of the reasoning in these cases suggests that such a risk should be among the considerations addressed by resentencing courts. If so, important theoretical and scientific questions are raised about the nature of risk assessment tools, in particular the distinction between static and dynamic risk factors. Additionally, the novelty of LWOP resentencing raises further questions about the applicability of these tools to individuals who have been incarcerated for long periods of time. We address these questions, call for additional research on dynamic risk factors, and offer recommendations for professi...

Research paper thumbnail of Risk Factors and Intervention Outcomes

Juvenile Delinquency, 2005

Research paper thumbnail of Toward Best Practices in Forensic Mental Health Assessment

Foundations of Forensic Mental Health Assessment, 2008

Research paper thumbnail of Substance and style of expert testimony: Ethics and effectiveness