By Rebecca Johnson, Govind Persad, and Dominic Sisti
J Am Acad Psychiatry Law 42:4:469-477 (December 2014)
Abstract
Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect.
The entire article can be found here.
Wednesday, December 31, 2014
Making sense of a court's two cents
By David DeMatteo, JD, PhD, Jaymes Fairfax-Columbo, BA, and Daniel A. Krauss, JD, PhD
The Monitor on Psychology
December 2014, Vol 45, No. 11
Print version: page 24
The Pennsylvania Supreme Court recently decided two cases that address whether parties can use expert witnesses to help juries assess lay witness testimony. In one case, Commonwealth v. Walker (2014), the court lifted a ban on the admissibility of expert testimony regarding eyewitness identification. In the other case, Commonwealth v. Alicia (2014), the court held that expert testimony regarding false confessions was inadmissible.
Although the two outcomes diverged, robust research suggests that eyewitness identification and false confessions pose significant problems for the legal system (Wells et al., 1998; Kassin et al., 2010). So, how did the court justify its differing opinions? And what lessons can be learned from these discrepant decisions concerning how social science can influence legal decisions?
The entire article is here.
The Monitor on Psychology
December 2014, Vol 45, No. 11
Print version: page 24
The Pennsylvania Supreme Court recently decided two cases that address whether parties can use expert witnesses to help juries assess lay witness testimony. In one case, Commonwealth v. Walker (2014), the court lifted a ban on the admissibility of expert testimony regarding eyewitness identification. In the other case, Commonwealth v. Alicia (2014), the court held that expert testimony regarding false confessions was inadmissible.
Although the two outcomes diverged, robust research suggests that eyewitness identification and false confessions pose significant problems for the legal system (Wells et al., 1998; Kassin et al., 2010). So, how did the court justify its differing opinions? And what lessons can be learned from these discrepant decisions concerning how social science can influence legal decisions?
The entire article is here.
Tuesday, December 30, 2014
When Talking About Bias Backfires
By Adam Grant and Sheryl Sandberg
The New York Times - Sunday Review
Originally published December 6, 2014
Here is an excerpt:
Rather than merely informing managers that stereotypes persisted, they added that a “vast majority of people try to overcome their stereotypic preconceptions.” With this adjustment, discrimination vanished in their studies. After reading this message, managers were 28 percent more interested in working with the female candidate who negotiated assertively and judged her as 25 percent more likable.
When we communicate that a vast majority of people hold some biases, we need to make sure that we’re not legitimating prejudice. By reinforcing the idea that people want to conquer their biases and that there are benefits to doing so, we send a more effective message: Most people don’t want to discriminate, and you shouldn’t either.
The entire article is here.
Editor's note: Read the entire article and reflect on how this can influence the way in which psychologists communicate with patients.
The New York Times - Sunday Review
Originally published December 6, 2014
Here is an excerpt:
Rather than merely informing managers that stereotypes persisted, they added that a “vast majority of people try to overcome their stereotypic preconceptions.” With this adjustment, discrimination vanished in their studies. After reading this message, managers were 28 percent more interested in working with the female candidate who negotiated assertively and judged her as 25 percent more likable.
When we communicate that a vast majority of people hold some biases, we need to make sure that we’re not legitimating prejudice. By reinforcing the idea that people want to conquer their biases and that there are benefits to doing so, we send a more effective message: Most people don’t want to discriminate, and you shouldn’t either.
The entire article is here.
Editor's note: Read the entire article and reflect on how this can influence the way in which psychologists communicate with patients.
The Dark Side of Free Will
Published on Dec 9, 2014
This talk was given at a local TEDx event, produced independently of the TED Conferences. What would happen if we all believed free will didn't exist? As a free will skeptic, Dr. Gregg Caruso contends our society would be better off believing there is no such thing as free will.
This talk was given at a local TEDx event, produced independently of the TED Conferences. What would happen if we all believed free will didn't exist? As a free will skeptic, Dr. Gregg Caruso contends our society would be better off believing there is no such thing as free will.
Monday, December 29, 2014
Why We Need to Abandon the Disease-Model of Mental Health Care
By Peter Kinderman
Scientific American Blog
Originally published on November 17, 2014
Here is an excerpt:
Some neuroscientists have asserted that all emotional distress can ultimately be explained in terms of the functioning of our neural synapses and their neurotransmitter signalers. But this logic applies to all human behavior and every human emotion and it doesn’t differentiate between distress — explained as a product of chemical “imbalances” — and “normal” emotions. Moreover, while it is clear that medication (like many other substances, including drugs and alcohol) has an effect on our neurotransmitters, and therefore on our emotions and behavior, this is a long way from supporting the idea that distressing experiences are caused by imbalances in those neurotransmitters.
Many people continue to assume that serious problems such as hallucinations and delusional beliefs are quintessentially biological in origin, but we now have considerable evidence that traumatic childhood experiences (poverty, abuse, etc.) are associated with later psychotic experiences. There is an almost knee-jerk assumption that suicide, for instance, is a consequence of an underlying illness, explicable only in biological terms.
The entire blog post is here.
Scientific American Blog
Originally published on November 17, 2014
Here is an excerpt:
Some neuroscientists have asserted that all emotional distress can ultimately be explained in terms of the functioning of our neural synapses and their neurotransmitter signalers. But this logic applies to all human behavior and every human emotion and it doesn’t differentiate between distress — explained as a product of chemical “imbalances” — and “normal” emotions. Moreover, while it is clear that medication (like many other substances, including drugs and alcohol) has an effect on our neurotransmitters, and therefore on our emotions and behavior, this is a long way from supporting the idea that distressing experiences are caused by imbalances in those neurotransmitters.
Many people continue to assume that serious problems such as hallucinations and delusional beliefs are quintessentially biological in origin, but we now have considerable evidence that traumatic childhood experiences (poverty, abuse, etc.) are associated with later psychotic experiences. There is an almost knee-jerk assumption that suicide, for instance, is a consequence of an underlying illness, explicable only in biological terms.
The entire blog post is here.
Collaborating across cultures
Working with scientists from the Arab world improved my worldview, my career and my life. I urge you to collaborate with researchers from other cultures, too.
By Thomas Eissenberg, PhD
Monitor on Psychology
December 2014, Vol 45, No. 11
Print version: page 60
Working with scientists from the Arab world improved my worldview, my career and my life. I urge you to collaborate with researchers from other cultures, too.
One reason to collaborate across cultures is that many global problems — environmental degradation, disease, conflict and inequity — cannot be addressed comprehensively without global partnerships.
Yet crafting empirically based solutions with colleagues around the world involves ethical issues that extend beyond those typically considered by an Institutional Review Board (IRB). That is, rewarding and successful cross-cultural collaboration demands that partners re-dedicate themselves to basic ethical principles that involve interactions with research participants and also interactions among researchers themselves.
The entire article is here.
By Thomas Eissenberg, PhD
Monitor on Psychology
December 2014, Vol 45, No. 11
Print version: page 60
Working with scientists from the Arab world improved my worldview, my career and my life. I urge you to collaborate with researchers from other cultures, too.
One reason to collaborate across cultures is that many global problems — environmental degradation, disease, conflict and inequity — cannot be addressed comprehensively without global partnerships.
Yet crafting empirically based solutions with colleagues around the world involves ethical issues that extend beyond those typically considered by an Institutional Review Board (IRB). That is, rewarding and successful cross-cultural collaboration demands that partners re-dedicate themselves to basic ethical principles that involve interactions with research participants and also interactions among researchers themselves.
The entire article is here.
Sunday, December 28, 2014
Psychologists and psychiatrists serving as expert witnesses in court: what do they know about eyewitness memory?
Annika Melindera & Svein Magnussena
Psychology, Crime & Law
Volume 21, Issue 1, 2015, pp 53-61
Abstract
Expert witnesses have various tasks that frequently include issues of memory. We tested if expert witnesses outperform other practitioners on memory issues of high relevance to clinical practice. We surveyed psychiatrists and psychologists who reported serving as expert witnesses in court (n = 117) about their knowledge and beliefs about human memory. The results were compared to a sample of psychiatrists and psychologists who had never served as expert witnesses (n = 819). Contrary to our expectations, the professionals serving as expert witnesses did not outperform the practitioners who never served. A substantial minority of the respondents harbored scientifically unproven ideas of human memory on issues such as the memory of small children, repression of adult traumatic memories, and recovered traumatic childhood memories. We conclude that the expert witnesses are at risk of offering bad recommendations to the court in trials where reliability of eyewitness memory is at stake.
The entire article is here.
Psychology, Crime & Law
Volume 21, Issue 1, 2015, pp 53-61
Abstract
Expert witnesses have various tasks that frequently include issues of memory. We tested if expert witnesses outperform other practitioners on memory issues of high relevance to clinical practice. We surveyed psychiatrists and psychologists who reported serving as expert witnesses in court (n = 117) about their knowledge and beliefs about human memory. The results were compared to a sample of psychiatrists and psychologists who had never served as expert witnesses (n = 819). Contrary to our expectations, the professionals serving as expert witnesses did not outperform the practitioners who never served. A substantial minority of the respondents harbored scientifically unproven ideas of human memory on issues such as the memory of small children, repression of adult traumatic memories, and recovered traumatic childhood memories. We conclude that the expert witnesses are at risk of offering bad recommendations to the court in trials where reliability of eyewitness memory is at stake.
The entire article is here.
Saturday, December 27, 2014
Coaxing better behavior
Behavioral science is playing a pivotal role in research and policymaking that seeks to gently steer us toward better decisions.
By Tori DeAngelis
The Monitor on Psychology
December 2014, Vol 45, No. 11
Print version: page 62
Here is an excerpt:
But social psychology has probably never held as much potential to change global outcomes as it does now. Governments and other organizations are applying "nudge principles" — psychologists' findings about the human propensities that influence our decisions and actions — to collect unpaid taxes, reduce child mortality, and help people choose healthier foods and make better environmental choices. In one line of study, for example, researchers found that people recycled much more when their trash bin lids featured cut-out shapes of the objects to be recycled, be they circles for cans and bottles or slits for paper.
The entire article is here.
By Tori DeAngelis
The Monitor on Psychology
December 2014, Vol 45, No. 11
Print version: page 62
Here is an excerpt:
But social psychology has probably never held as much potential to change global outcomes as it does now. Governments and other organizations are applying "nudge principles" — psychologists' findings about the human propensities that influence our decisions and actions — to collect unpaid taxes, reduce child mortality, and help people choose healthier foods and make better environmental choices. In one line of study, for example, researchers found that people recycled much more when their trash bin lids featured cut-out shapes of the objects to be recycled, be they circles for cans and bottles or slits for paper.
The entire article is here.
Friday, December 26, 2014
Evolution and the American Myth of the Individual
By John Edward Terrell
The New York times - Opinion Pages
Originally posted November 30, 2014
Here is an excerpt:
When I was a boy I was taught that the Old Testament is about our relationship with God and the New Testament is about our responsibilities to one another. I now know this division of biblical wisdom is too simple. I have also learned that in the eyes of many conservative Americans today, religion and evolution do not mix. You either accept what the Bible tells us or what Charles Darwin wrote, but not both. The irony here is that when it comes to our responsibilities to one another as human beings, religion and evolution nowadays are not necessarily on opposite sides of the fence. And as Matthew D. Lieberman, a social neuroscience researcher at the University of California, Los Angeles, has written: “we think people are built to maximize their own pleasure and minimize their own pain. In reality, we are actually built to overcome our own pleasure and increase our own pain in the service of following society’s norms.”
While I do not entirely accept the norms clause of Lieberman’s claim, his observation strikes me as evocatively religious.
The entire article is here.
The New York times - Opinion Pages
Originally posted November 30, 2014
Here is an excerpt:
When I was a boy I was taught that the Old Testament is about our relationship with God and the New Testament is about our responsibilities to one another. I now know this division of biblical wisdom is too simple. I have also learned that in the eyes of many conservative Americans today, religion and evolution do not mix. You either accept what the Bible tells us or what Charles Darwin wrote, but not both. The irony here is that when it comes to our responsibilities to one another as human beings, religion and evolution nowadays are not necessarily on opposite sides of the fence. And as Matthew D. Lieberman, a social neuroscience researcher at the University of California, Los Angeles, has written: “we think people are built to maximize their own pleasure and minimize their own pain. In reality, we are actually built to overcome our own pleasure and increase our own pain in the service of following society’s norms.”
While I do not entirely accept the norms clause of Lieberman’s claim, his observation strikes me as evocatively religious.
The entire article is here.
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