Matt Zaitchik | Roger Williams University (original) (raw)
Papers by Matt Zaitchik
Psychiatric Services, Aug 1, 1995
Encyclopedia of Psychology and Law, May 3, 2013
Encyclopedia of Psychology and Law, May 3, 2013
Journal of Forensic Psychology Practice, Apr 30, 2007
Since the inception of the first doctoral program in psychology and law in 1974, master's-level t... more Since the inception of the first doctoral program in psychology and law in 1974, master's-level training in forensic psychology has been virtually ignored by the field of psychology and law training.
This is a timely book as it is the first ethics casebook to be published since the revised Specia... more This is a timely book as it is the first ethics casebook to be published since the revised Specialty Guidelines for Forensic Psychology appeared in 2013. This book also highlights the ethical standards and guidelines comprising the American Psychological Association\u27s Ethical Principles of Psychologists and Code of Conduct. The editors correctly note, however, that regulations, laws, and ethical standards are not definitive with respect to what is or what is not ethical behavior. They can provide a foundation for ethical responses to situations, but the application of guidelines requires practitioners to appreciate how they might be applied (or, in some cases, not be applied) to novel ethical situations. Often, there are no easy or straightforward answers, so it is in this application that this book will be useful in providing practitioners with a framework for responding to the many ethical dilemmas they will face in their practice
This is a timely book as it is the first ethics casebook to be published since the revised Specia... more This is a timely book as it is the first ethics casebook to be published since the revised Specialty Guidelines for Forensic Psychology appeared in 2013. This book also highlights the ethical standards and guidelines comprising the American Psychological Association\u27s Ethical Principles of Psychologists and Code of Conduct. The editors correctly note, however, that regulations, laws, and ethical standards are not definitive with respect to what is or what is not ethical behavior. They can provide a foundation for ethical responses to situations, but the application of guidelines requires practitioners to appreciate how they might be applied (or, in some cases, not be applied) to novel ethical situations. Often, there are no easy or straightforward answers, so it is in this application that this book will be useful in providing practitioners with a framework for responding to the many ethical dilemmas they will face in their practice
INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging an... more INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging and complex questions ranging from trial-related competen cy of criminal defendants to the ef fects of mental illness on criminal responsibility. Although the specifici ty of court orders for forensic evalu ation can vary greatly, in many cases the orders do not define clearly the mental health issue that the court wants addressed.2 Requests for pre sentencing evaluations can be confus ing for the forensic expert. What kind of information does a court seek when it asks a mental health professional for a presentenc ing evaluation? Statutes and case law typically provide little guidance. The referring court and attorneys may be vague or uncertain about what they seek and the issues they want ad dressed. Some courts use the evalu ation to help decide which defen dants to divert from the legal system to the mental health system. Fre quently a bizarre crime or a "crazy" defendant precipitates the evaluation request. The referral question, if specified at all, may be a broad request for diagnostic and treatment information. Despite the potential lack of clarity as to the focus of presentence mental health evaluations, statutes and case law exist that provide for, or require, such evaluations for some defen dants.*4'5'6'7'8 In capital cases, the U.S. Supreme Court has recognized a defendant's need for psychiatric as sistance to counter the state's psychi atric evidence of future danger ousness.9 Defendants also may have a right to psychiatric assistance in es tablishing mental illness as a mitigat ing factor even in the absence of any psychiatric evidence presented by the state.10 However, at least one court held that the decision to order a mental health evaluation rests with the discretion of the trial court.11 Other courts have limited defen dants' rights to presentencing evalu ations to attempts to rebut expert testimony by the state12 or to circum stances in which evidence exists that mental disease or defect substantially contributed to the commission of the crime.13 In many jurisdictions, the general trend has been toward man datory sentences and less discretion for the sentencing judge. This may limit the impact of psychiatric evi dence, but it is unlikely that sentenc ing courts will ever completely forego mental health information. This paper presents a conceptual and practical model for mental health presentencing evaluations, including a guide to courts on when to request such evaluations and how to focus those requests.
Journal of Nervous and Mental Disease, Jul 1, 1997
Journal of Forensic Psychology Practice, Dec 2, 2005
ABSTRACT Juvenile sex offenders have received increased scrutiny in recent years. They present si... more ABSTRACT Juvenile sex offenders have received increased scrutiny in recent years. They present significant dispositional problems for the courts and for social service agencies. Numerous disposition decisions are made based on considerations of risk of sexual reoffense. However, little empirical data exist regarding identified recidivism risk factors for this population. Massachusetts' legal standards require a finding of a “likelihood of serious harm” in order for juveniles to be retained by the Department of Youth Services beyond their eighteenth birthdays. There is a limited understanding of juvenile sex offender recidivism risk factors; yet, risk assessments of this type are statutorily required. This article presents an illustrative Massachusetts case and discusses limitations inherent in such an assessment.
Preventive detention laws are intended to protect the community while providing continuing off en... more Preventive detention laws are intended to protect the community while providing continuing off ender rehabilitation. The concept of preventive detention frequently challenges the notion of 'just desert'. With respect to civil commitment, defendants are held involuntarily for treatment beyond their sentencing. In a criminal context, defendants may be held in lieu of a criminal conviction. In the current study, we assessed the public's level of tolerance for preventive detention. We were interested in evaluating whether and to what extent a "crime hierarchy" exists for preventive detention; i.e., a perception that certain crimes are deserving of preventive detention compared to others. The results indicate that societal justifi cations for such confi nement may stem from inherent perceptions of dangerousness rather than adherence to specifi c sentencing goals, political ideology, or criminal off ense. This study's fi ndings suggest that the pubic is highly tolerant of the use of preventive detention, particularly with crimes viewed as abborent or dangerous.
AP-LS News, 2011
Embedded in many treatment programs for adolescent offenders are modules that help them take resp... more Embedded in many treatment programs for adolescent offenders are modules that help them take responsibility for their actions, take the perspective of victims, and abandon excessive self-focus in favor of a broader view of individuals and communities. Empa-thy training has become a primary objective for the great majority of offender treatment programs in the United States, both for adult and juvenile offenders, especially for sex offenders. For example McGrath, Cumming, Burchard, Zeoli, & Ellerby (2010) report that 92.7 % of adult, 92.6 % of adolescent, and 76 % of child sex offender treatment programs in the U.S offer empathy and victim aware-ness training. Is the reliance on empathy/victim perspective tak-ing justified? That is, can we demonstrate that such a treatment approach has an impact in reducing violent or sexual recidivism? Moreover, is the direct teaching of victim empathy likely to reduce recidivism in populations of adolescent offenders or are there more
INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging an... more INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging and complex questions ranging from trial-related competen cy of criminal defendants to the ef fects of mental illness on criminal responsibility. Although the specifici ty of court orders for forensic evalu ation can vary greatly, in many cases the orders do not define clearly the mental health issue that the court wants addressed.2 Requests for pre sentencing evaluations can be confus ing for the forensic expert. What kind of information does a court seek when it asks a mental health professional for a presentenc ing evaluation? Statutes and case law typically provide little guidance. The referring court and attorneys may be vague or uncertain about what they seek and the issues they want ad dressed. Some courts use the evalu ation to help decide which defen dants to divert from the legal system to the mental health system. Fre quently a bizarre crime or a "crazy" defendant prec...
Open Access Journal, 2015
In recent years, the US has experienced a substantial number of mass shooting incidents. This typ... more In recent years, the US has experienced a substantial number of mass shooting incidents. This type of shooting incident has been termed "active shooter event" and encompasses shootings that occur in school settings as well as public settings and workplace venues. Much of the recent published literature addressing active shooter events appears to focus on tactical issues, such as training for and responding to this type of incident. Very little research, however, has examined the individual and contextual characteristics associated with active shooter events. In the current study we examine a number of factors related to 88 active shooting events involving 92 perpe- trators. Our findings indicate a history of psychological and behavioral issues reported in more than 50% of the active shooters studied. In addition, 60% of shooters had evidence of additional stressors beyond those associated with psychological and behavioral issues. These findings highlight the need to contin...
In the current study, we explored the effect of risk-assessment testimony, attributional complexi... more In the current study, we explored the effect of risk-assessment testimony, attributional complexity, and victim type on participants’ perceptions of the dangerousness of a sexually violent person and his need for treatment. Participants read details of a hypothetical sexual assault of a female minor and of an adult. Expert testimony of his risk assessment consisted of clinical opinion versus structured-clinical judgment (SCJ) versus actuarial assessment. Participants perceived clinical-opinion and SCJ testimony as equally influential when forming judgments of future dangerousness. In the context of treatment, however, participants relied on actuarial testimony when judging potential for risk. In addition, attributional complexity (AC) moderated perceptions of sexual risk. Overall, results point to the need for continued refinement of assessment techniques when determining dangerousness and need for treatment.
Psychiatric Services, Oct 7, 2014
Psychiatric Services, Apr 1, 2006
Rock V Roll Simon Reynolds and Joy Press ... We gratefully acknowledge permission for the followi... more Rock V Roll Simon Reynolds and Joy Press ... We gratefully acknowledge permission for the following: 'The Queen is Dead' by Steven Morrissey and Johnny Marr, copyright © Warner Chappell Music Ltd., London W1Y 3FA. Reprinted by permission of International Music Publications ...
Psychiatric Services, Aug 1, 1995
Encyclopedia of Psychology and Law, May 3, 2013
Encyclopedia of Psychology and Law, May 3, 2013
Journal of Forensic Psychology Practice, Apr 30, 2007
Since the inception of the first doctoral program in psychology and law in 1974, master's-level t... more Since the inception of the first doctoral program in psychology and law in 1974, master's-level training in forensic psychology has been virtually ignored by the field of psychology and law training.
This is a timely book as it is the first ethics casebook to be published since the revised Specia... more This is a timely book as it is the first ethics casebook to be published since the revised Specialty Guidelines for Forensic Psychology appeared in 2013. This book also highlights the ethical standards and guidelines comprising the American Psychological Association\u27s Ethical Principles of Psychologists and Code of Conduct. The editors correctly note, however, that regulations, laws, and ethical standards are not definitive with respect to what is or what is not ethical behavior. They can provide a foundation for ethical responses to situations, but the application of guidelines requires practitioners to appreciate how they might be applied (or, in some cases, not be applied) to novel ethical situations. Often, there are no easy or straightforward answers, so it is in this application that this book will be useful in providing practitioners with a framework for responding to the many ethical dilemmas they will face in their practice
This is a timely book as it is the first ethics casebook to be published since the revised Specia... more This is a timely book as it is the first ethics casebook to be published since the revised Specialty Guidelines for Forensic Psychology appeared in 2013. This book also highlights the ethical standards and guidelines comprising the American Psychological Association\u27s Ethical Principles of Psychologists and Code of Conduct. The editors correctly note, however, that regulations, laws, and ethical standards are not definitive with respect to what is or what is not ethical behavior. They can provide a foundation for ethical responses to situations, but the application of guidelines requires practitioners to appreciate how they might be applied (or, in some cases, not be applied) to novel ethical situations. Often, there are no easy or straightforward answers, so it is in this application that this book will be useful in providing practitioners with a framework for responding to the many ethical dilemmas they will face in their practice
INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging an... more INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging and complex questions ranging from trial-related competen cy of criminal defendants to the ef fects of mental illness on criminal responsibility. Although the specifici ty of court orders for forensic evalu ation can vary greatly, in many cases the orders do not define clearly the mental health issue that the court wants addressed.2 Requests for pre sentencing evaluations can be confus ing for the forensic expert. What kind of information does a court seek when it asks a mental health professional for a presentenc ing evaluation? Statutes and case law typically provide little guidance. The referring court and attorneys may be vague or uncertain about what they seek and the issues they want ad dressed. Some courts use the evalu ation to help decide which defen dants to divert from the legal system to the mental health system. Fre quently a bizarre crime or a "crazy" defendant precipitates the evaluation request. The referral question, if specified at all, may be a broad request for diagnostic and treatment information. Despite the potential lack of clarity as to the focus of presentence mental health evaluations, statutes and case law exist that provide for, or require, such evaluations for some defen dants.*4'5'6'7'8 In capital cases, the U.S. Supreme Court has recognized a defendant's need for psychiatric as sistance to counter the state's psychi atric evidence of future danger ousness.9 Defendants also may have a right to psychiatric assistance in es tablishing mental illness as a mitigat ing factor even in the absence of any psychiatric evidence presented by the state.10 However, at least one court held that the decision to order a mental health evaluation rests with the discretion of the trial court.11 Other courts have limited defen dants' rights to presentencing evalu ations to attempts to rebut expert testimony by the state12 or to circum stances in which evidence exists that mental disease or defect substantially contributed to the commission of the crime.13 In many jurisdictions, the general trend has been toward man datory sentences and less discretion for the sentencing judge. This may limit the impact of psychiatric evi dence, but it is unlikely that sentenc ing courts will ever completely forego mental health information. This paper presents a conceptual and practical model for mental health presentencing evaluations, including a guide to courts on when to request such evaluations and how to focus those requests.
Journal of Nervous and Mental Disease, Jul 1, 1997
Journal of Forensic Psychology Practice, Dec 2, 2005
ABSTRACT Juvenile sex offenders have received increased scrutiny in recent years. They present si... more ABSTRACT Juvenile sex offenders have received increased scrutiny in recent years. They present significant dispositional problems for the courts and for social service agencies. Numerous disposition decisions are made based on considerations of risk of sexual reoffense. However, little empirical data exist regarding identified recidivism risk factors for this population. Massachusetts' legal standards require a finding of a “likelihood of serious harm” in order for juveniles to be retained by the Department of Youth Services beyond their eighteenth birthdays. There is a limited understanding of juvenile sex offender recidivism risk factors; yet, risk assessments of this type are statutorily required. This article presents an illustrative Massachusetts case and discusses limitations inherent in such an assessment.
Preventive detention laws are intended to protect the community while providing continuing off en... more Preventive detention laws are intended to protect the community while providing continuing off ender rehabilitation. The concept of preventive detention frequently challenges the notion of 'just desert'. With respect to civil commitment, defendants are held involuntarily for treatment beyond their sentencing. In a criminal context, defendants may be held in lieu of a criminal conviction. In the current study, we assessed the public's level of tolerance for preventive detention. We were interested in evaluating whether and to what extent a "crime hierarchy" exists for preventive detention; i.e., a perception that certain crimes are deserving of preventive detention compared to others. The results indicate that societal justifi cations for such confi nement may stem from inherent perceptions of dangerousness rather than adherence to specifi c sentencing goals, political ideology, or criminal off ense. This study's fi ndings suggest that the pubic is highly tolerant of the use of preventive detention, particularly with crimes viewed as abborent or dangerous.
AP-LS News, 2011
Embedded in many treatment programs for adolescent offenders are modules that help them take resp... more Embedded in many treatment programs for adolescent offenders are modules that help them take responsibility for their actions, take the perspective of victims, and abandon excessive self-focus in favor of a broader view of individuals and communities. Empa-thy training has become a primary objective for the great majority of offender treatment programs in the United States, both for adult and juvenile offenders, especially for sex offenders. For example McGrath, Cumming, Burchard, Zeoli, & Ellerby (2010) report that 92.7 % of adult, 92.6 % of adolescent, and 76 % of child sex offender treatment programs in the U.S offer empathy and victim aware-ness training. Is the reliance on empathy/victim perspective tak-ing justified? That is, can we demonstrate that such a treatment approach has an impact in reducing violent or sexual recidivism? Moreover, is the direct teaching of victim empathy likely to reduce recidivism in populations of adolescent offenders or are there more
INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging an... more INTRODUCTION Courts often call upon forensic mental health professionals to assess challenging and complex questions ranging from trial-related competen cy of criminal defendants to the ef fects of mental illness on criminal responsibility. Although the specifici ty of court orders for forensic evalu ation can vary greatly, in many cases the orders do not define clearly the mental health issue that the court wants addressed.2 Requests for pre sentencing evaluations can be confus ing for the forensic expert. What kind of information does a court seek when it asks a mental health professional for a presentenc ing evaluation? Statutes and case law typically provide little guidance. The referring court and attorneys may be vague or uncertain about what they seek and the issues they want ad dressed. Some courts use the evalu ation to help decide which defen dants to divert from the legal system to the mental health system. Fre quently a bizarre crime or a "crazy" defendant prec...
Open Access Journal, 2015
In recent years, the US has experienced a substantial number of mass shooting incidents. This typ... more In recent years, the US has experienced a substantial number of mass shooting incidents. This type of shooting incident has been termed "active shooter event" and encompasses shootings that occur in school settings as well as public settings and workplace venues. Much of the recent published literature addressing active shooter events appears to focus on tactical issues, such as training for and responding to this type of incident. Very little research, however, has examined the individual and contextual characteristics associated with active shooter events. In the current study we examine a number of factors related to 88 active shooting events involving 92 perpe- trators. Our findings indicate a history of psychological and behavioral issues reported in more than 50% of the active shooters studied. In addition, 60% of shooters had evidence of additional stressors beyond those associated with psychological and behavioral issues. These findings highlight the need to contin...
In the current study, we explored the effect of risk-assessment testimony, attributional complexi... more In the current study, we explored the effect of risk-assessment testimony, attributional complexity, and victim type on participants’ perceptions of the dangerousness of a sexually violent person and his need for treatment. Participants read details of a hypothetical sexual assault of a female minor and of an adult. Expert testimony of his risk assessment consisted of clinical opinion versus structured-clinical judgment (SCJ) versus actuarial assessment. Participants perceived clinical-opinion and SCJ testimony as equally influential when forming judgments of future dangerousness. In the context of treatment, however, participants relied on actuarial testimony when judging potential for risk. In addition, attributional complexity (AC) moderated perceptions of sexual risk. Overall, results point to the need for continued refinement of assessment techniques when determining dangerousness and need for treatment.
Psychiatric Services, Oct 7, 2014
Psychiatric Services, Apr 1, 2006
Rock V Roll Simon Reynolds and Joy Press ... We gratefully acknowledge permission for the followi... more Rock V Roll Simon Reynolds and Joy Press ... We gratefully acknowledge permission for the following: 'The Queen is Dead' by Steven Morrissey and Johnny Marr, copyright © Warner Chappell Music Ltd., London W1Y 3FA. Reprinted by permission of International Music Publications ...