Copyright (c) 2009 All rights reserved. http://works.bepress.com/steve_erickson Recent documents in Steven K Erickson en-us Wed, 16 Sep 2009 23:30:18 PDT 3600 http://works.bepress.com/steve_erickson/18 http://works.bepress.com/steve_erickson/18 Tue, 15 Sep 2009 21:31:23 PDT Criminal law scholarship has recently become absorbed with the ideas of neuroscience in the emerging field of neurolaw. This mixture of cognitive neuroscience and law suggests that long established conceptions of human agency and responsibility are fundamentally at odds with the findings of science. Using sophisticated technology, cognitive neuroscience claims to be upon the threshold of unraveling the mysteries of the mind by elucidating the mechanical nature of the brain. Despite the limitations of that technology, neurolaw supporters eagerly suggest that those revelations entail that an inevitable and radical overhaul of our criminal justice system is soon at hand. What that enthusiasm hides, however, is a deeper ambition among those who desire an end to distributive punishment based on desert in favor of a prediction model heavily influenced by the behavioral sciences. That model rests squarely on the presumption that science should craft crime policy at the expense of the authority of common intuitions of justice. But that exchange has profound implications for how the law views criminal conduct and responsibility - and how it should be sanctioned under the law. Neurolaw promises a more humane and just criminal justice system, yet there is ample reason to believe otherwise. Steven K. Erickson Law Reviews http://works.bepress.com/steve_erickson/17 http://works.bepress.com/steve_erickson/17 Thu, 22 Jan 2009 17:57:09 PST This essay briefly reflects on the seminal Article by William Stuntz, The Pathological Politics of Criminal Law. As Stuntz rightly argues, the pathology which afflicts our criminal justice system lies in its structural politics and power - unlike other institutional bodies, criminal justice can deprive liberty. But the power of the criminal code also lies in its inherent emotional attachment to the people it governs. Most folks rarely concern themselves with the various obtuse regulations which embody our modern legal system- yet almost everyone has a strong notion of how crimes should be punished. Criminal justice policy, however, has steadily tread towards sentencing decisions insulated from participatory influences. Likewise, punishment is now almost entirely a private enterprise. This divorce of the public from the ultimate output of the criminal justice system just might explain some of perverse realities which Stuntz so skillfully describes. Steven K. Erickson Law Reviews http://works.bepress.com/steve_erickson/16 http://works.bepress.com/steve_erickson/16 Tue, 16 Sep 2008 11:25:10 PDT Steven K. Erickson Peer-Reviewed Works http://works.bepress.com/steve_erickson/15 http://works.bepress.com/steve_erickson/15 Tue, 16 Sep 2008 11:23:28 PDT Psychologists are frequently consulted by the courts to provide forensic evaluations in a variety of family court proceedings. As part of their evaluations, psychologists often use psychological tests to assess parents, guardians, and children. These tests can have profound effects on how psychologists arrive at their opinions and are often cited in their reports to the court. However, psychological tests vary substantially in their suitability for these purposes. Most projective tests in particular appear to possess little scientific merit for evaluations within family court proceedings. Despite these serious limitations, expert testimony derived from evaluations using both projective and objective tests is often admitted uncontested. This article reviews the psychometric properties of psychological tests that are widely used in family court proceedings, cautions against their unfettered use, and calls upon attorneys to inform themselves of the limitations of evaluations that incorporate these tests. Steven K. Erickson Peer-Reviewed Works http://works.bepress.com/steve_erickson/14 http://works.bepress.com/steve_erickson/14 Tue, 16 Sep 2008 11:21:34 PDT Steven K. Erickson Legal Periodicals & Commentary http://works.bepress.com/steve_erickson/13 http://works.bepress.com/steve_erickson/13 Tue, 16 Sep 2008 11:20:17 PDT Psychological tests are frequently used by forensic psychologists engaged in evaluations for family court matters. Since the recommendations that flow from such evaluations can have considerable influence on the disposition of such cases, it is crucial that any tests used by the forensic evaluator possess solid scientific reliability and validity. Unfortunately, one of the most common psychological tests used in family court matters, the infamous Rorschach inkblot test, has serious psychometric deficits that render it unreliable and invalid. This brief essay discusses these limitations and urges attorneys to vigorously challenge expert testimony based upon this flawed test. Steven K. Erickson Peer-Reviewed Works http://works.bepress.com/steve_erickson/12 http://works.bepress.com/steve_erickson/12 Tue, 16 Sep 2008 11:18:35 PDT Some of the most promising research in psychology and law has focused on issues of memory and cognition. Because eyewitness testimony is often valued by juries and the justice system alike, conclusions that eyewitness testimony can be inaccurate and overvalued are hotly contested by scholars and policy-makers. As additional studies build on older ones demonstrating that a host of memory and cognitive processes often involved in litigation can be unreliable—such as eyewitness identification—expert testimony related to these concepts has increased... Steven K. Erickson Legal Periodicals & Commentary http://works.bepress.com/steve_erickson/11 http://works.bepress.com/steve_erickson/11 Tue, 16 Sep 2008 11:16:11 PDT This article evaluated factors related to failure to maintain conditional release in a large sample (N = 363) of individuals who were found not guilty by reason of insanity (NGRI) and subsequently released into the community. We evaluated extensive demographic, diagnostic, criminal history, and aftercare information from NGRI acquittees. Results from a logistic regression demonstrated that a diagnosis of substance abuse, previous revocation of conditional release, and mental health symptoms requiring inpatient hospitalization were all related to revocation of conditional release. From a policy perspective, community-based services must be intensive, focused on both mental health and alcohol and drug-abuse problems, and provide a continuity of mental heath services from the hospital to the community. With intense community-based services, NGRI acquittees can be successfully reintegrated into the community with few difficultie Steven K. Erickson Peer-Reviewed Works http://works.bepress.com/steve_erickson/10 http://works.bepress.com/steve_erickson/10 Tue, 16 Sep 2008 11:14:08 PDT There have been many advancements in the pharmacologic treatment of schizophrenia; however, negative symptoms and cognitive impairment remain an intractable part of this illness. Donepezil is an anticholinesterase inhibitor with cognitive enhancing effects approved for the treatment of Alzheimer disease that has shown some benefit in the treatment of schizophrenia. In this study, 15 inpatients at a state hospital with a history of schizophrenia were administered donepezil in a randomized, double-blind, crossover design. Neurocognitive testing and psychiatric ratings were completed at baseline and at regular intervals for 18 weeks. Results indicated that donepezil treatment was associated with modest improvements in psychiatric symptoms and improved verbal learning. These results suggest that donepezil may be helpful as adjunctive therapy for the treatment of psychiatric symptoms and cognitive impairment in a subgroup of schizophrenic patients. Steven K. Erickson Peer-Reviewed Works http://works.bepress.com/steve_erickson/9 http://works.bepress.com/steve_erickson/9 Tue, 16 Sep 2008 11:11:58 PDT Outpatient commitment (OC) is a growing trend in mental health treatment. The impetus for this movement has been partly due to the public perception that some mentally ill outpatients are prone to violence as result of poor treatment compliance. Numerous studies have shown that poor treatment compliance is associated with increased hospitalization, substance abuse, homelessness, and contact with the criminal justice system. This study examined treatment effectiveness, demographic variables, hospital utilization, and violence among 100 OC participants in New York. Results indicate that OC can be an effective means of increasing treatment compliance and reducing hospitalization and encounters with the criminal justice system. Steven K. Erickson Peer-Reviewed Works