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PSY 624 PSY 624 – Intersection of Law and Psychology Module THREE – DRAFT OF LITERATURE REVIEW Sue Ann Staton September 11, 2022 Rachell Jones

In recent years, the news media as well as society itself has cast much confusion on psychological issues regarding victimology and correctional psychology. With non-stop breaking news stories, in-depth police investigations, research studies and nasty bi-partisan commentary, the state of the times seems to be all out chaos. The programs put in place for victims of trauma appear to be leading the crusade in organizing actual consistent data regarding treatment. Many options are currently available for survivors for therapy and aftercare. This review will evaluate evidence-based treatment programs for the trauma victim as well as the offender. Efficiency and admissibility are constant obstacles in establishing a viable treatment program. This review will address ethical guidelines of the Apa's Ethical Principle of Psychologists and code of conduct. Various Supreme Court rulings as well as other significant decisions will be included and discussed at length. REVIEW Non-Violent Offender This term refers to an individual who commits a crime yet does not use force or harm anyone in the process. In these cases, there is proof that the offender’s purpose is target based, hence there was no intent to do harm to another person. Examples range from a pickpocket to a fraudulent trader on Wall Street. If a weapon was present during the crime, it is automatically considered violent. The severity of these crimes is usually based on a dollar amount, loss to the victim. These criminal charges are much less of a burden to the offender because the loss is usually replaceable with minimal psychological effect.

The most common non-violent offender in this country is drug possession charges. It is often a controversial topic, because in many states, carrying any type of controlled substance calls for harsh sentencing similar to a violent offender. There are plenty of men stuck in prison indefinitely for selling Marijuana, even though it has now become legalized in that particular state. Furthermore, once there is a criminal record, it becomes exceedingly difficult to find employment or a residence. This spawns the repeat offender, born out of pure necessity. Prison administrations attempt to address these issues with a range of re-entry programs. Vocational education and trade career training is offered to most inmates. Prison administrators attempt to instill newfound work ethics and encourage learning a new skill set re (Newton et al., 2018). In reality, however, the ex-con is labeled and struggling daily to overcome the hand he was dealt. Nevertheless, the former inmate is thrilled to be released from behind bars. He struggles but continues to strive forward with new trade skills to hopefully become a valued and respected employee. Research into prison re-entry clearly shows that coming out with a new skill set gives the offender a positive start while eliminating the necessity to return to a life of crime. “those who received more of the employment intervention reported less alcohol, marijuana, cocaine, and multiple substance use than those in other groups, as well as less criminal activity at follow- up. Specifically, participants in the high upgrading group reported less: property damage, handling of stolen goods, stealing an item worth more than US$50, selling marijuana, or having friends who sold drugs than those in either the low-upgrading or the control group. This suggests that substance-involved ex-offenders who remain engaged in an employment intervention have more positive outcomes across a range of areas than those who drop out early or do not receive a specialist service.” (Newton et al., 2018).

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Without a doubt, these new job skills become extremely valuable because they turn a marked man that would have been turned away into a business asset for the company looking to hire. In recent years, a government kick back called the Work Opportunity Tax Credit funds $2400 to companies that hire felons for a fresh start. And major companies like Lowe’s, DART, Dr. Pepper, and Albertson’s to name a few, are already on file (www.irs.gov). This is a huge step in preventing recidivism in the future, because felons will be more welcomed into a better way of life. Violent Offenders This term refers to an offender that brought harm to the victim. They used force upon another individual or used some sort of weapon to threaten them. If a weapon was even present at the scene, it will be considered violent, even if the weapon was never used. When a particularly violent crime is on the news, most of us are baffled at how things can escalate to such a point. Perhaps it is human nature to figure it out, so that we are never faced with such horror? According to Daniels et al., 2018, “Offender-based research holds much promise for law enforcement, prosecutors, and others in the criminal justice system. By gaining a deeper understanding of the motives and the methods of criminal activity, criminologists and psychologists will be better positioned to offer tools for those in the field and policy recommendations for decision makers.” However, it has been under the microscope forever, yet DNA evidence has recently freed hundreds of men that were falsely convicted of something as horrible as rape and murder. Back in the 80s and 90s, crooked police and prosecutors would frame a minority man up to look like they closed the case quickly and efficiently. Crime scene

investigations must be under constant and consistent review to prevent any more wrongful convictions. Many of these men sat on Death Row for 20 years (www.innocenceproject.org). “Offender-based research must clearly articulate in order to gauge the right policies and therapies, there has to be a consistent study for those in the system. and follow standardized methods, including data collection procedures and data analysis methods. Insofar as these basic scientific principles are not reported, comparisons across studies and replication of methods are not possible. The result is a hodgepodge of studies that cannot be linked, as well as limited generalizability or transferability.” (Daniels et al., 2018). Childhood Traum a The tragedy of childhood trauma is difficult for anyone involved to even process sometimes, much less accept the wreckage and try to be useful. However, children are resilient and so are their bodies. Both brain and body are constantly molding and growing rapidly. Interestingly enough, a child’s brain scars it receives information. These scars have a grip hold on who they become. Something such as a child losing a favorite toy can have a significant ripple effect on their development. “The fact that stress events in early childhood may affect depression in adulthood suggests that multiple factors may present and be shaped over time to mediate this effect.” (Wang et al., 2020). An elite group of psychologists formed to conduct intensive studies on the relationship between childhood trauma and clinical depression later in adolescence. A child’s brain is so continually open for interpretation, so it was an excellent opportunity to probe into their understanding of how early such trauma affected their entire existence, even though they may

not even have a clear picture of the trauma events. “The study investigated the effects of childhood trauma on depression diagnosis, severity, and treatment outcome. More importantly, the effect of childhood trauma on depression onset was found to be mediated by dysfunctional attitudes. The association between childhood maltreatment and depressive symptoms was found to be explained by dysfunctional attitudes and cortisol levels in MDD patients. In addition, baseline childhood trauma is associated with the antidepressant treatment outcome during early phase of treatment and baseline cortisol levels are related to the antidepressant treatment outcome in later phases of treatment.” (Wang et al., 2020). The final results highlighted the relationship between the psychological and biological elements in the brain during childhood trauma which has led to depression.diagnosis and even severity. The study also showed that childhood trauma and cortisol levels may be moderators for antidepressant treatment response. In addition, the study identified the treatment effect on cortisol levels and dysfunctional attitudes, so the baseline childhood trauma and cortisol levels could be used to predict antidepressant treatment outcome in a different treatment phase. Childhood trauma and depression has been exceedingly difficult to treat due to dysfunctional attitudes that carry over from severe childhood mistreatment administered during cognitive interventions possible to help treat depressed patients with severe childhood maltreatment through cognitive interventions Now, there is a serious need to identify the role of dysfunctional attitudes between childhood trauma and antidepressant treatment to further develop and study more effective treatments for those suffering and confused (Wang et al., 2020). Literature Review

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Although the compiled forensic treatment literature does not have obvious similarities, one common obstacle for all is functioning in society. All humans deep down want acceptance as part of a larger group. There is an abundance of special needs equipment to enhance lifestyle needs. The two inmate populations have plenty in common that they face upon release. Regardless of whether they served for a violent offense or not, it could have been a case of bad luck with a knife in the truck unknowingly. And finally, they all have a future to look forward to. The childhood trauma could have been deadly. The police could have shot the violent offender. But they all have hope and a future, and the available resources continue to grow. Natasha! Literature Review In forensic psychology, many different forms of treatment can be utilized when managing non-violent/violent offenders and victims of traumatic transgressions. The main course of action for treating these individuals is through the use of forensic therapy. Forensic therapy involves the use of psychological assessments, intervention tactics, evaluations, and the use of specific treatment to help violent criminals, non-violent offenders, and trauma victims, along with gathering the best information to understand their mental state. Offenders of non-violent and violent crimes are typically brought into programs that teach rehabilitation techniques intending to minimize recidivism rates of their crimes and educate them on the best approach to minimize potentially harmful thoughts/behaviors for when they are released back into society. Trauma victims also go through a form of rehabilitation treatment that informs the victims on how to handle the trauma that was inflicted upon them by the offender.

Psychological Concerns When it comes to matters about one’s psychological well-being, it comes as no surprise that many people have mental health concerns that can have an impact on their actions and behaviors. Non-violent offenders, violent criminals, and trauma victims are all individuals that have mental health problems of all degrees of severity that have come from various causes. It has been discovered that of the non-violent offenders and violent criminals who are incarcerated, 64% of jail inmates, 54% of state prisoners, and 45% of federal prisoners have reported mental health concerns (American Psychological Association, 2014). These people who are arrested and placed in the criminal justice system could have more than likely received better treatment in a mental health care facility considering the lack of resources for treating individuals with mental health problems in prisons/jails (American Psychological This study source was downloaded by 100000854868060 from CourseHero.com on 10- 29-2022 15:10:39 GMT -05:00 https://www.coursehero.com/file/166361954/PSY-624-3-2-Milestone-One-Draft-of- Literature-Reviewdocx/ Association, 2014). Non-violent offenders are individuals who have been incarcerated for less harmful offenses such as larceny/theft, prostitution, and drug handling/dealing. It has been noted that many non-violent offenders struggle with substance abuse and many offenders with substance abuse problems tend to also be diagnosed with mental illnesses (Hoke, 2015). Many communities tend to work to reduce recidivism by keeping these non-violent mentally ill offenders in community-based mental health facilities to avoid any further harm they may

face from correctional institutions that lack the proper funding for conventional care (Hoke, 2015). Violent criminals are people who have committed a crime against another person causing them physical or psychological harm. Mental health treatment for violent criminals is provided to them when they are incarcerated, but not every facility has proper resources and the methods for providing care are not always the most beneficial. Some prisons lack a proper safe environment for inmates and healthcare staff, and the healthcare providers are supposed to treat their job as one related to a correctional worker rather than a mental health worker (Hoke, 2015). This balance between healthcare and correctional concerns can cause more psychological issues due to the segregation of inmates based on security threats, suicide watch for highly vulnerable offenders, and drug abuse that healthcare providers would have to work around. Trauma victims are individuals who have gone through an emotional, physical, psychological, and/or stressful situation that causes them continuous feelings of being threatened, disrupted, and lost in the headspace of that traumatic experience. These experiences can be caused by violent actions such as domestic violence, rape, and physical/sexual abuse by strangers or even people the trauma victim may know (Ramirez de Arellano, et. al., 2014). These events can cause many psychological concerns for trauma victims’ well-being and their ability to move forward from their trauma. This study source was downloaded by 100000854868060 from CourseHero.com on 10- 29-2022 15:10:39 GMT -05:00 https://www.coursehero.com/file/166361954/PSY-624-3-2-Milestone-One-Draft-of- Literature-Reviewdocx/

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Legal System Concerns The legal concerns that non-violent offenders, violent criminals, and trauma victims may face are quite specific to each population in comparison to other populations. Most of these concerns involve the treatment of offenders in correction facilities and the methods for handling court proceedings for trauma victims. Non-violent offenders who may benefit from the treatment provided in correctional facilities may not be incarcerated due to overpopulation in jails and prisons for unnecessary offenses as law enforcement may not see every one of the crimes done by non-violent offenders as a reason for detainment (Ouellette, 2008). It would be better if non- violent offenders were treated and rehabilitated in productive manners or put in a community supervision program to make sure that they stay away from anything that could cause them to get arrested again. This could help with the overpopulation, as well as lowering recidivism rates, yet problems experienced by non-violent offenders are not always addressed while serving time in prison (Ouellette, 2008). Violent criminals are typically more of a threat to society, making their incarceration more pertinent for other peoples’ safety, however, they are still given many of the same injustices while in correctional facilities as non-violent offenders receive in prison (Ouellette, 2008). Prison culture is often not conducive to a helpful environment when it comes to rehabilitation, as it can ruin their will to move forward and have productive life outside prison walls (Ouellette, 2008). A lack of proper resources in correctional facilities can lead to improper treatment of violent criminals, causing more violent urges, longer prison sentences, and more incarcerations which would strain the prison budget and lead to more concerns on the legal end of handling recidivism rates. This does not help with overpopulation struggles in these prisons.

This study source was downloaded by 100000854868060 from CourseHero.com on 10- 29-2022 15:10:39 GMT -05:00 https://www.coursehero.com/file/166361954/PSY-624-3-2-Milestone-One-Draft-of- Literature-Reviewdocx/ Trauma victims undergo problems with their traumatic experiences as the memories of these incidents can be “emotionally charged” when compared to regular memories that are not as psychologically draining or stressful (Pemberton, Mulder & Aarten, 2019, p. 397). Having to experience their trauma over and over again in court along with seeing the perpetrator during the court proceedings only makes for unpleasant encounters and further legal concerns (Pemberton, Mulder & Aarten, 2019). These situations can exacerbate the victim’s current symptom presentation and lead to more issues regarding treatment for their circumstances. Effective Treatment Considerable effort has been put into the treatment of non-violent offenders and violent criminals through various interventions and other prison-based programs. One form of treatment that has been shown to make considerable headway in helping non-violent offenders, violent criminals, and trauma victims is cognitive-behavioral therapy. The use of cognitive-behavioral therapy (CBT) is beneficial for general and criminal and trauma populations since it works to help clients change their thought processes that have led to their maladaptive behavior and intrusive thoughts (Feucht & Holt, 2016). CBT works through individual and group therapy sessions to make offenders more cognitively self-aware and reduce recidivism of violent and nonviolent crimes by offenders, with even stronger results with the offenders that show a higher

risk of reoffending (Feucht & Holt, 2016; Cognitive- behavioral therapy (CBT) for offenders, 2018). This therapy can be administered to inmates in correctional facilities or to supervised offenders on probation in a community setting. CBT can be administered through various types of programs such as Aggression Replacement Training, Reasoning and Rehabilitation, and substance abuse programs which are more common for nonviolent offenders (Cognitive- behavioral therapy (CBT) for offenders, 2018). This study source was downloaded by 100000854868060 from CourseHero.com on 10- 29-2022 15:10:39 GMT -05:00 https://www.coursehero.com/file/166361954/PSY-624-3-2-Milestone-One-Draft-of- Literature-Reviewdocx/ Trauma-focused cognitive-behavioral therapy (TF-CBT) places more emphasis on victims of trauma and works to prevent and treat depression, posttraumatic stress disorder (PTSD), and any other behavioral problems that may be a result of a traumatic incident (Ramirez de Arellano, et. al., 2014). This form of CBT can help trauma victims reduce distress and resolve any unhelpful perceptions that are connected to the individual’s trauma-related memories that impact their cognitive and emotional growth (Ramirez de Arellano, et. al., 2014). Overall, CBT is a beneficial form of treatment that can work to keep populations such as non-violent offenders, violent criminals, and trauma victims from experiencing cognitions that impact their preferred manner of behavior. This study source was downloaded by 100000854868060 from CourseHero.com on 10- 29-2022 15:10:39 GMT -05:00

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https://www.coursehero.com/file/166361954/PSY-624-3-2-Milestone-One-Draft-of- Literature-Reviewdocx/ Resources American Psychological Association. (2014, October). Incarceration nation. Monitor on Psychology. Retrieved June 21, 2022, from https://www.apa.org/monitor/2014/10/incarceration Cognitive-behavioral therapy (CBT) for offenders. County Health Rankings & Roadmaps. (2018). Retrieved June 22, 2022, from https://www.countyhealthrankings.org/take- action- to-improve-health/what-works-for-health/strategies/cognitive-behavioral-therapy-cbt-for- offenders Feucht, T., & Holt, T. (2016). Does cognitive-behavioral therapy work in criminal justice? A new analysis from Crimesolutions. National Institute of Justice. Retrieved June 22, 2022, from https://nij.ojp.gov/topics/articles/does-cognitive-behavioral-therapy-work-criminal- justice- new-analysis-crimesolutions Hoke, S. (2015). Mental illness and prisoners: Concerns for Communities and healthcare providers. OJIN: The Online Journal of Issues in Nursing, 20(1). https://doi.org/10.3912/ojin.vol20no01man03 Ouellette, C. B. (2008, December 8). The injustices inflicted on nonviolent offenders in the U.S. Correctional System. Digital Commons @ Salve Regina. Retrieved June 26, 2022, from https://digitalcommons.salve.edu/pell_theses/22/?utm_source=digitalcommons.salve.edu %2Fpell_theses%2F22&utm_medium=PDF&utm_campaign=PDFCoverPages

This study source was downloaded by 100000854868060 from CourseHero.com on 10- 29-2022 15:10:39 GMT -05:00 https://www.coursehero.com/file/166361954/PSY-624-3-2-Milestone-One-Draft- of-Literature-Reviewdocx/ Powered by TCPDF (www.tcpdf.org) Pemberton, A., Mulder, E., & Aarten, P. G. M. (2019). Stories of injustice: Towards a narrative victimology. European Journal of Criminology, 16(4), 391–412. https://doi.org/10.1177/1477370818770843 Ramirez de Arellano, M. A., Lyman, D. R., Jobe-Shields, L., George, P., Dougherty, R. H., Daniels, A. S., Ghose, S. S., Huang, L., & Delphin-Rittmon, M. E. (2014, May 1). Trauma- focused cognitive-behavioral therapy for children and adolescents: Assessing the evidence. Psychiatric Services. Retrieved June 22, 2022, from https://ps.psychiatryonline.org/doi/full/10.1176/appi.ps.201300255 This study source was downloaded by 100000854868060 from CourseHero.com on 10- 29-2022 15:10:39 GMT -05:00 https://www.coursehero.com/file/166361954/PSY-624-3-2-Milestone-One-Draft-of- Literature-Reviewdocx/

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REFERENCES Daniels, J. A., Angleman, A. J., & Grinnan, E. (2018). Standardizing research methods on violent offenders: Perpetrator-motive research design and consensual qualitative research. Aggression and Violent Behavio r, 21, 125–132. DOI: 10.1016/j.avb.2015.02.001 Ju www.irs.gov https://innocenceproject.org Newton, D., Day, A., Giles, M., Wodak, J., Graffam, J., & Baldry, E. (2018). The Impact of Vocational Education and Training Programs on Recidivism: A Systematic Review of Current Experimental Evidence. International Journal of Offender Therapy and Comparative Criminology, 62 (1), 187–207. DOI: 10.1177/0306624X16645083 Wang, M., Lu, X., Sun, J., Dong, Q., Zhang, L., Liu, B., Liu, J., Yan, D., Guo, H., Zhao, F., Liao, M., Zhang, X., Zhang, Y., & Li, L. (2020). The effects of childhood trauma on the onset, severity and improvement of depression: The role of dysfunctional attitudes and cortisol levels. Journal of Affective Disorders , 276, 402–410.

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