Sunday, September 18, 2016
Serial Killer Awareness : Why serial killers are true psychopaths
Serial Killer Awareness : Why serial killers are true psychopaths: The mind of a serial is something many people want to understand. After all, how can they kill over and over again and do such terrible t...
Tuesday, September 13, 2016
Identity Theft and Forensic Psychology with Jenny : Cybercrime
Identity Theft and Forensic Psychology with Jenny : Cybercrime: Scams are everywhere you turn. They are sent to your phone, your email, and even your home. Sometimes a scam is meant to steal your money w...
Identity Theft and Forensic Psychology with Jenny : Identity Theft Scams
Identity Theft and Forensic Psychology with Jenny : Identity Theft Scams: Identity theft scams Below is a list of the different scams being used currently by identity thieves. Keep in mind that a criminal may ha...
Monday, September 12, 2016
Mental Status Exam & Competency to stand trial
Competency to stand trial is a subject within our criminal justice system that requires reliability and validity. Sadly practitioners who do not know the proper procedures to perform the Mental Status Exam are subject to the scrutiny of the court and could lose their role as a forensic examiner. Ultimately, a forensic psychology professional must use the most appropriate forensic assessment tools that have proven reliable when used in combination with sound and credible assessment measures. In oThe assesement method that must be widely used by others within the entire forensic psychology profession.
Determining competency to stand trial
When it comes to competency to stand trial, a forensic psychology practitioner must perform the Mental Status Exam in order to determine whether or not the defendant is competent enough to stand trial (Martin, 1994). In order for someone to be tried for their crimes, they must have the capacity
to understand the nature of the charges, to be able to consult with their counsel as well as assist with the preparation of their defense (Boch, 1994). Determining the level of a client's mental status requires clinicians to not just find out if they are capable of understanding but to get to the bottom of what exactly is going with the defendants’ complete psyche.
What is the Mental Status Exam?
The Mental Status Exam is a structured exam used to measure the level of consciousness, appearance and general behavior, speech and motor activity, affect and mood, thought, perception, attitude, and insight of the defendant in order to determine if they are truly incompetent (Martin, 1994). The examiner's reaction to the patient is recorded as well as the results from a structured examination of cognitive abilities (Martin, 1994). A defendant's attention is also assessed such as their level of wakefulness and consciousness during the interview (Martin, 1994).
According to the Dusky standard, any test must show if the defendant has the ability to consult with his attorney with a reasonable degree of understanding in addition to having a rational understanding of the proceedings against him or her (Boch, 1994). If a person is suspected of being incompetent to stand trial the reasons could be due to: low IQ, a mental illness or if a person malingers because they are afflicted with a personality disorder. Part of the Mental Status Exam also includes testing the defendant’s language, memory and motor skills which tell a lot about how the defendant functions (Martin, 1994). Actual body functions and physical impairments cannot be easily faked.
Ethical issues for forensic psychology
Forensic psychology professionals conducting any court mental evaluation must learn to exist in the extremely fast paced and demanding aspects of the criminal justice system. In a previous interview with a forensic psychologist I learned that practitioners in this field must be able to fit in, objectively. According to this Dr. he felt more comfortable with the public defender than the prosecution or private lawyers because of the urgency to move the case along as well as obtain a favorable diagnostic review.
What type of report is needed?
Forensic psychologists must prepare a quality report using not just the test results from diagnostic tools, but any other relevant collateral information from family; in addition to being prepared to use descriptive statistics which can help back up the practitioner’s findings in the report (Zapf & Roesch, 2000). Sometimes the urgency within our court system creates situations that call to question one's ethics (Zapf & Roesch, 2000). As long as a forensic psychologist is able to validate their findings with empirical data as well as maintain an objective demeanor the reliability of the Mental Status Exam is increased (Zapf & Roesch, 2000).
Psycho-legal issues related to competency
When it comes to psycholegal issues and competency, a forensic evaluator must be able to distinguish between the differences between psychology and law, as well as be ready to address the psycholegal issues (Ackerman, 2010). When looking at the psycholegal issues in a competency case the practitioner must be prepared to address the specific needs of the defendant and their mental abilities (Ackerman, 2010). When approaching psycholegal issues practitioners must look at the ideographic and nomothetic aspects in the case (Ackerman, 2010). Using a nomothetic approach requires practitioners to use structured and standardized tools; while using the ideographic approach which provides more variability to fit the client's needs (Ackerman, 2010). The mental status exam is a time when psychological tools help validate one’s diagnosis but using a nomothetic approach utilizing standardized test can be more predictable rather than the ideographic approach which can be more unpredictable due to the variability of unstructured interview approach (Ackerman, 2010).
An example of using the nomothetic approach could find a clinician using a more structured approach like with the DSM-IV. Knowing when an unstructured interview is appropriate as is the case with someone who could be malingering will ultimately determine the best reliability and validity of the forensic assessment (Ackerman, 2010). When it comes to psycho-legal issues related to competency, the practitioner conducting the interview must be able to determine the best possible approach to ensure not just accuracy but validity.
References
Ackerman, M. (2010) Essentials of forensic psychological assessment John Wiley & Sons, Inc.
(5th Edition)
Martin, D. (1990) Clinical methods: The history, physical and laboratory examinations U.S.
National Library of Medicine Institutes of Health website. Retrieved March 19, 2011 from
Boch, B. (1994) Fourteenth Amendment -- the standard of mental competency to waive
Constitutional rights versus the competency standard to stand trial Journal of Criminal Law
& Criminology Vol. 84, p883-914 32p. Retrieved from Academic Search Elite database.
Zapf, P., Roesch, R. (2000) Mental competency evaluations: Guideline for judges and attorneys
Court Review. Retrieved March 19, 2011 from
Thursday, September 8, 2016
Cybercrime
Scams are everywhere you turn. They are sent to your phone, your email, and even your home. Sometimes a scam is meant to steal your money while other times it is carried out in order to steal your identity. Online we may not always know the difference between legitimate offers on many things like finding a job, banking, or even trying to rent property; which is why we need to stay up to date on the many ways cyber-crime is implemented so you know what to look for.
How is cyber-crime carried out?
According to security leader, Trend Micro, a cyber criminal will devise new ways to:
- Commit data breaches
- Send off Ransomware,
- Hack into your computer.
- Send you spoofed emails, pop-up ads or text messages to get you to download viruses and malware which will most likely result in the cyber criminal taking over your entire computer in order steal all your information.
Trend Micro is at the top of raising awareness about cyber crime and hosts up to date information on the latest malware threats reported by professionals in the cyber security field. On the Trend Micro website, you will also find real-time security advisories sent by industry giants like Microsoft in order to spread the word to warn others. To help you fight cyber crime, Trend Micro not only provides ongoing help and information but they also offer free tools and widgets for you to download to keep your phone, laptop, tablet or PC protected.
We can fight cybercrime!
Cyber crime is a subject everyone should be familiar with; and as a consumer, you need to arm yourself with information and awareness so you won’t become a victim but you need to spread the word so others can be warned.
How do cyber-criminals attack?
A cyber-criminal is going to do their best to catch you off guard, so instead of falling victim, get educated on the latest scams so you can warn others. Here are a few ways scammers try to trick you:
Phishing – the use of imposter emails meant to get you to click on a link so warn your kids and elderly parents to be on the lookout!
Smishing – Text messages claiming to be from your bank etc.
Cyber-bullying – when a cybercriminal gets a hold of a person’s camera or photos and threatens to expose the victim unless they pay.
A cyber criminal is around every corner so to protect yourself, educate yourself! Thank you for visiting today. For a full gallery of games and video dedicated to fraud, scams and cyber-crime prevention, visit the FTC’s Media Gallery.
Insanity Plea & criminal responsibility
Criminal responsibility is one of the most important questions forensic psychologists must answer. If a person suffers from a mental illness, the defense lawyer may advise them to plead insanity. One such case was the United States v. Hinckley in 1982, which helped pave the way for the Insanity Defense Reform Act of 1984, (IDRA). In this case, John Hinckley tried to assassinate Ronald Reagan so when he was found not guilty by reason of insanity it caused so much outrage that the laws were soon changed to make it harder for a person to claim the insanity defense (NPR, 2016).
Who can plead insanity?
Just because a person suffers from a mental illness does not mean they will meet the test the insanity plea requires. Basically just because a person has a mental illness does not mean they are not guilty because of it; instead the defendant must prove that they could not tell right from wrong as a result of the mental illness, so pleading insanity is only an acceptable defense if the following is met:
- According to U.S. Code 18 section (a) it is an affirmative defense if the defendant during the crime was not able to understand that what they were doing was wrong strictly because the mental illness they suffer from made them unable to understand that their actions were wrong (Cornell, 2016).
While the burden of proof is on the defendant to show that they only committed the crime because they were not able to understand their actions, it is the prosecution’s job to prove the defendant knew exactly what they were doing. This is done with the help of a forensic psychologist who will conduct a mental status exam.
Why John Hinckley was found not guilty
The reason John Hinckley was found not guilty by reason of insanity is due to his defense lawyer who argued that Mr. Hinckley could not have known what he was doing during the crime due to the fact that his mental illness made him incapable of knowing the difference between right and wrong (The Insanity Defense, 2010). Sadly, even though John Hinckley is about to roam free after 35 years in a mental institution we can only hope, he will not suffer another breakdown.
References:
Cornell (2016). U.S. Code Title 18 Cornell University Law School. Retrieved from https://www.law.cornell.edu/uscode/text/18/17
NPR News (2016). After Hinckley, states tightened use of insanity plea NPR News. Retrieved
Tuesday, August 2, 2016
Identity Theft Scams
Identity theft scams
Below is a list of the different scams being used currently by identity thieves. Keep in mind that a criminal may have a mental illness, a personality disorder or any other number of problems. The point is, he or she could get careless; so be on the lookout no matter where you are. As you read about the different scams try to think about the different ways you can help detect and deflect identity theft. Perhaps by paying attention a little bit more, you will find more many ways to stay safe from identity theft.
Social security identity theft - Once someone has your social security number they can apply for loans or credit with the intention of never paying it back. The less you provide your social security number, the better off you are especially when dealing online. Remember, that phishing and other downloadable scams are done with the intent to steal your information. For information about identity theft and your social security number see the Social Security identity theft handout.
Criminal identity theft- criminal identity theft can happen anytime a person gives a counterfeit license to a police officer during a traffic or criminal stop. If you lose your license, report it to your local DMV, your bank and other account holders. This will provide a record in the event a criminal makes a fake ID in your name. Sadly, many identity theft victims do not hear about this type of fraud until they have a warrant issued for their arrest or are denied employment due to a failed background check so spread the word and tell others so they can too. To read more about this criminal identity theft, visit Privacy Rights Clearinghouse.
ATM fraud - ATM fraud can happen at your bank, the gas pump, a non-bank ATM or credit card machine. In this crime, criminals use what is known as an ATM skimmer which records not just your card number, but is also able to take video footage of you inputting your pin number while you are at the ATM. In the past, criminals have gone so far as buying and placing their own ATM machines in stores for the sole purpose of stealing your information. If you see anything suspicious, report it to the store manager and the police. Ultimately, when it comes to this type ATM fraud, nothing is too far fetched. For more information on this crime visit NBC's ATM Fraud page.
Mortgage identity theft - is when an identity thief impersonates someone with the goal of buying a home. If a criminal gets a hold of your personal information like the information from your California driver’s license such as your date of birth, drivers license number, they could very well use this information along with your social security number to buy a home, open up a home equity line of credit, or purchase any number of items in your name. One way to stay protected is to check your credit on a regular basis.The Federal Trade Commission urges consumers to use annualcreditreport.com This is a free site that will help you avoid other sites that are set up by scammers. Unfortunately, when it comes to mortgage identity theft, this type of crime is extremely lucrative, so be wary of who you do business with. For information on the latest mortgage fraud cases across the country, visit the FBI’s Financial Fraud page.
Credit card skimmers - credit card skimmers are card readers which copy your credit card’s confidential data. They are used in restaurants, stores, ATM’s, gas pumps or anywhere else accepting credit or debit cards.In Florida, police found credit card skimming devices hidden in the gas pumps at several gas stations in the central Florida area. According to the Florida police, criminals are using a universal key to get into almost any gas pump in the country. Ironically the group behind this theft ring in Florida has been linked to an Armenian group in California and Las Vegas. To read about this article visit Ocala StarBanner.
Email Viruses & Downloads - surfing the web comes with its share of risks. While many of us have virus protection, there are still many sneaky ways criminals continue to develop in order to hack into your computer or smartphone. Usually, this type of scam will use keyloggers in order to record your every stroke. The scariest part of this scam is that if you type in keylogger into your web browser so you can see a wide range of free downloads for this software. Keep in mind, a scammer is always near so you should always steer clear of identity theft .Visit Widestep’s Keylogger page for an example of this software so you can learn more about it and how the keylogger software does have its use if you want to keep an eye on your family’s online activity.
Telemarketing - for those with home phone landlines, you may be constantly berated by the phone's persistent ring. If you are being harassed by someone asking for your personal information, you can perform a call trace on your phone by entering the code*57 immediately after the call. This will trace the call but it only works in your local service area. You can also contact the FTC to have your name put on the Do Not Call Registry at 188-290-4236.
Shoulder surfers - shoulder surfers can be anywhere; so if you are using public Wi-Fi, and you speak out loud, that information is no longer constitutionally protected. Private information needs to stay private which is why your financial institution will only require you to verify your identity using only certain portions of your private information. If you use your Smartphone or computer in a public area, keep in mind that criminals may be watching your every move on their hacking software, so never use your passwords.
Security breaches - A security breach is when a large amount of data is the target. This is the data that could be stored at your insurance company, your local Walmart, Home Depot or any other store. In this scheme, cyber criminals will use hacking tools to breach the security of major corporations. Today, According to the BBC, Yahoo has begun to investigate a possible data breach. The simple fact is that we can never be too cautious or careless when it comes to protecting our identity. Who you provide your information to makes all the difference with what happens in your life. For information on how to protect yourself or your business from a data breach visit the Identity Theft Resource Center data breach page for help and free information.
Medical identity theft - this type of identity theft involves fraud done against Medicare, insurance companies, and hospitals. The FTC defines Medical Identity Theft when a thief uses another person’s health insurance card to obtain services. This crime may end up costing thousands if undetected, so be sure to keep your insurance and medical information private. If you do lose your insurance card be sure to report it right away. Staying safe from identity theft means that you should never give out your personal information over the phone, in an email, or through the mail. For more information on how to protect yourself from Medical Identity Theft, visit the FTC’s Medical Identity Theft page.
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