Jill E. Rogstad

Predicting Short-Term Institutional Aggression in Forensic Patients: A Multi-Trait Method for Understanding Subtypes of Aggression

Accurately predicting inpatient aggression is an important endeavor. The current study investigated inpatient aggression over a six-month time period in a sample of 152 male forensic patients. We assessed constructs of psychopathy, anger, and active symptoms of mental illness and tested their ability to predict reactive and instrumental aggression. Across all levels of analyses, anger and active symptoms of mental illness predicted reactive aggression. Traits of psychopathy, which demonstrated no relationship to reactive aggression, were a robust predictor of instrumental aggression. This study (a) reestablishes psychopathy as a clinically useful construct in predicting inpatient instrumental aggression, (b) provides some validation for the reactive/instrumental aggression paradigm in forensic inpatients, and (c) makes recommendations for integrating risk assessment results into treatment interventions.

Gender differences in contributions of emotion to psychopathy and antisocial personality disorder.

Traditional conceptualizations of psychopathy highlight the importance of affective features as they relate to social deviance; however, little empirical research has actually investigated specific roles of emotion and emotion processing with respect to antisocial conduct. Antisocial personality disorder (APD), prevalent in forensic populations, is commonly associated with psychopathy despite the notable omission of such core affective features in its diagnosis. In this paper, we review the empirical literature on the contribution of emotion to psychopathy and APD, highlighting in particular research on emotion processing and various facets of emotional expression, including empathy and alexithymia. Research findings are discussed on gender differences in emotional functioning and their likely effects on the assessment of psychopathy and APD. Given the known gender differences in the expressions of emotion, the article concludes with recommendations to bridge research for different offender groups, including psychopathy and APD.

JUVENILE MIRANDA WARNINGS Perfunctory Rituals or Procedural Safeguards

The American Bar Association, via its newly adopted policy, seeks fundamental changes in procedural justice with respect to juvenile Miranda warnings. It calls for understandable Miranda warnings to educate youth in custody regarding the relevant Constitutional protections. In surveying prosecutors and public defenders, the authors collected 293 juvenile Miranda warnings that are intended specifically for youthful offenders. Length and reading levels were analyzed and compared to an earlier survey. Nearly two thirds (64.9%) of these warnings were very long (> 175 words), which hinders Miranda comprehension. In addition, most juvenile warnings (91.6%) require reading comprehension higher than a 6th-grade level; 5.2% exceed a 12th-grade reading level. Combining across two surveys, more than half of juvenile Miranda warnings are highly problematic because of excessive lengths or difficult reading comprehension. However, simple and easily read Miranda components were identified that could be used to improve juvenile advisements. Breaking new ground, Miranda waivers were examined for both juveniles and their parents/interested adults. Interestingly, most juvenile versions emphasized waivers in positive terms (e.g., “an opportunity”) and downplayed the potential for negative consequences.

The Role of Suggestibility in Determinations of Miranda Abilities: A Study of the Gudjonsson Suggestibility Scales

Traditionally, high levels of suggestibility have been widely assumed to be linked with diminished Miranda abilities, especially in relationship to the voluntariness of waivers. The current investigation examined suggestibility on the Gudjonsson Suggestibility Scales in a multisite study of pretrial defendants. One important finding was the inapplicability of British norms to American jurisdictions. Moreover, suggestibility appeared unrelated to Miranda comprehension, reasoning, and detainees’ perceptions of police coercion. In testing rival hypotheses, defendants with high compliance had significantly lower Miranda comprehension and ability to reason about exercising Miranda rights than their counterparts with low compliance. Implications of these findings to forensic practice are examined.