Matthew B. Johnson

Secondary Trauma Associated with State Executions: Testimony regarding Execution Procedures

Secondary trauma associated with state executions refers to distress, harm, and injuries suffered by individuals other than the condemned prisoner. This article reviews the available research on this topic presenting findings, suggesting risks to correctional officers, judges and judicial staff, journalists, as well as the family members of the death row inmate, and the family members of the victim of the homicide. The literature review was prepared for testimony before a state department of corrections hearing regarding execution procedures. According to the authors, secondary trauma associated with state executions warrants further research and should be considered in the context of public policy regarding state executions.

Interrogation Expectations: Individual and Race/Ethnic Group Variation Among an Adult Sample

A vignette methodology was used to assess interrogation expectations (IE) among a diverse sample of adults. Vocabulary level, comprehension of Miranda rights, and demographic variables were also assessed. Substantial individual and racial/ethnic group variation in IE was found, with Black participants exhibiting significantly lower expectations of police compliance with Miranda protections compared to White participants. Multiple regression analysis indicated that the combined contribution of vocabulary scores, comprehension of Miranda rights, and multiple demographic variables accounted for only 19% of the variance in IE scores. The findings suggest that suspects have varied expectations of police behavior during interrogation, which may influence the Miranda waiver decision.

Expert Psychological Testimony Regarding Disputed Confession Evidence in Federal Courts: United States v. Vallejo

ABSTRACT Disputed confession evidence is frequently the focus of both expert psychological testimony and psychological research. In United States v. Vallejo, relying on the Federal Rules of Evidence, the Ninth Circuit Court reversed the trial conviction in a drug importation case citing, among other things, the judges exclusion of expert psychological testimony regarding the defendants language deficits as revealed in his special education history. The Appellate Court ruled that this testimony was relevant to the dispute regarding the confession evidence and related to criminal intent in the alleged offense. This article discusses the Vallejo case in the context of research on competency to confess, the reliability of confession evidence and the relevance of language factors in the assessment of confession evidence. Contrary to the law enforcement allegation, Vallejo asserted that he did not confess at all.

The Central Park Jogger Case-Police Coercion and Secrecy in Interrogation

Abstract The prosecution and recent legal reversals in the New York “Central Park Jogger” case are discussed with a focus on the preoccupation with crime in US society and concerns regarding racial discrimination in the legal system. It is argued that the inherently coercive nature of interrogation, and the secrecy that surrounds custodial interrogation, create conditions that are ripe for abusive treatment. The phenomenon of false confession is presented and discussed with regard to the Central Park Jogger and other cases. The author advocates the recording and preservation of the entire period of custodial questioning so that there is an objective record of the interrogation methods that lead to “confession” statements.

The Emergence and Significance of the “Mallott Rule”: The Legal History

The Mallott rule refers to the requirement, in effect in Minnesota and Alaska, that police electronically record all custodial questioning of suspects. The purpose of the rule is to ensure an objective record of all questioning/interrogation to assist trial and appellate courts in resolving any factual disputes regarding the voluntariness, and thus the admissibility, of incriminating statements. Minnesota and Alaska are the only states that have adopted this rule. This article presents the case law history that resulted in the Mallott rule adoption in Minnesota and Alaska. The legal and logical basis for the Mallott rule is discussed, and its adoption in other jurisdictions is advocated.

African Americans Wrongly Convicted of Sexual Assault Against Whites: Eyewitness Error and Other Case Features

A total of 35 African American men who were wrongly convicted of sexual assault against Whites were identified through review of journalist, scholarly, Web-based, and published legal decisions. Most of the cases occurred during the 1982–1992 decade and involved postconviction DNA exonerations. Consistent with the literature on wrongful convictions, erroneous eyewitness identification by the assault victim was a major source of error. Other factors that contributed to the wrongful convictions were coerced false confessions, all-White juries, discounted alibis, misconduct by officials, flawed expert testimony, and hue-and-cry circumstances. The construction of the image of the Black sexual predator as well as the challenges presented by cross-racial identification also are discussed.

Two Recently Confirmed False Confessions: Byron A. Halsey and Jeffrey M. Deskovic

In the past decade “false confessions” have emerged as a major area of research and practice in forensic psychology and psychiatry. Most prominent among the factors for this emergence has been the media coverage of high profile false confession cases. Not long ago false confessions were viewed as an anomaly, but in the past decade DNA exonerations coupled with social science research, have focused attention on how false confessions can arise from common interrogation practice. This article explores two recent high profile cases where false confessions were obtained and explores the various factors involved. Modern psychological interrogation, criminal profiling literature, and polygraphy suggest to law enforcement that they can reliably identify “criminals” without adequate investigation. Thus reliance on these sources for evidence of guilt warrants careful review.

The Sigmund Freud Museum Exhibit: The Price for a Bit of Good Luck

The Museum Exhibit on the life and works of Sigmund Freud and psychoanalysis opened at the Library of Congress in Washington, DC on October 15, 1998. The Exhibit includes both praise and critical commentary regarding Freuds many contributions. Original documents, artifacts and personal items from Freud collections are on display as well as film clips, photographs, and other recordings. Different periods in Freuds life are highlighted. After leaving Washington, DC, the Exhibit will travel to New York, Los Angeles, and on to Vienna.

Book Review: Explorations in Criminal Psychopathology: Clinical Syndromes with Forensic ImplicationsExplorations in Criminal Psychopathology: Clinical Syndromes with Forensic Implications, edited by SchlesingerLouis B. (Springfield, IL: Charles C. Thomas, 1996), 348 pp.,

There is an increasing demand for clinical examiners to have specialized, as well as generalized, knowledge regarding clinical syndromes and related legal issues. This requires a detailed, rigorous knowledge of the differential diagnostic issues presented in forensic cases along with the applicable legal standards. Explorations in Criminal Psychopathology: Clinical Syndromes with Forensic Implications fulfills this need. Each of its 15 chapters, written by noted expert psychiatrists or psychologists, is devoted to a particular clinical syndrome or condition. The chapters provide a literature review and outline the essential clinical features and relevant legal issues faced by clinical examiners.

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This article discusses the question of diagnosis of mental disorders and argues for the development of alternatives to the American Psychiatric Associations Diagnostic and Statistical Manual of Mental Disorders. A selected review of this issue is presented along with various alternative conceptions of psychopathology. It is suggested that the categorical and medical orientation of the DSM do not adequately describe psychological processes. It is recommended that Psychology and other health care disciplines, advance alternative conceptions and models of psychological disturbance to educate the public and guide further scientific inquiry.