Advances in Psychology and Law: International Contributions [1 ed.] 9783110801163, 9783110156157

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Advances in Psychology and Law

Publications of the European Association of Psychology and Law Series editors: David P. Farrington and Friedrich Lösel

This volume is supported by Centre of Legal Studies of the Autonomous Catalan Government

Advances in Psychology and Law International Contributions

Edited by

Santiago Redondo Vicente Garrido Jorge Perez Rosemary Barberet

W DE

G

Walter de Gruyter · Berlin · New York 1997

Santiago Redondo, Director of Social and Criminological Research and Training, Centre of Legal Studies, Justice Department, Barcelona, Spain Vicente Garrido, Lecturer in Criminal and Correctional Education, University of Valencia, Spain Jorge Perez, Lecturer in Medical Psychology, Autonomous University of Barcelona, Spain Rosemary Barberet, Visiting Professor, Andalusian Institute of Criminology, University of Seville, Spain

With 32 figures and 116 tables

© Printed on acid-free paper which falls within the guidelines of the ANSI to ensure permanence and durability.

Library of Congress Cataloging-in-Publication Data Advances in psychology and law : international contributions / edited by Santiago Redondo ... [et al.]. p. cm. Includes bibliographical references and index. ISBN 3-11-015615-6 (cloth : alk. paper) 1. Law—Psychological aspects. 2. Criminal psychology. 3. Victimology. 4. Witnesses-Psychology. 5. Correctional psychology. 6. Psychology, Forensic. I. Redondo, Santiago. K487.P75A38 1997 340'.19~dc21 97-22521 CIP

Die Deutsche Bibliothek — CIP-Einheitsaufnahme Advances in psychology and law : international contributions ; [a publication of the European Association of Psychology and Law] / ed. by Santiago Redondo ... - Berlin ; New York : de Gruyter, 1997 ISBN 3-11-015615-6

© Copyright 1997 by Walter de Gruyter & Co., D-10785 Berlin All rights reserved, including those of translation into foreign languages. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage and retrieval system, without permission in writing from the publisher. Printing and Binding: WB-Druck GmbH, Rieden am Forggensee. - Cover Design: Johannes Rother, Berlin. — Printed in Germany.

Preface

This book is the result of the Fourth European Conference of Psychology and Law, held in Barcelona in April, 1994. We would like to thank people who collaborated in the scientific and organising committees of the conference. Of special importance for the success of the meeting was the fine work of Jordi Bajet, Rosa Maria Martinez, Domenec Perez, Maria Reales, Gemma Domingo, Begona Orozco and Isabel Clemente. Two institutions played a key role in supporting this event: The Catalan Board of Psychologists and the Center of Legal Studies of the Justice Department of Catalonia. The former provided financial support for the conference as well as valuable logistic and administrative assistance. The latter provided the facilities for the conference. The preparation of this book has meant hard work for contributors and editors. The original papers were screened, completed and updated during the time that has elapsed since the Conference. We appreciate very much the patience shown by the authors, who committed themselves to a series of tasks that were necessary to produce the book in its final state. Advances in Psychology and Law: International Contributions would have not been possible without the altruistic and continuous collaboration of the colleagues of the first editor of this book at the Center of Legal Studies: Carlos Ferrer, Maribel Banos, Luis de Santiago, Orestes Martinez, Niiria Rius-Pastor and Eulalia Luque. The editors would like to give special thanks to Antonio Marchal whose painstaking work over the past year in preparing the final copy has been indispensable. And last but not least, we want to express our gratitude to Elisabeth Abu Homos, Bianka Ralle and Christoph Schirmer from De Gruyter for their constant support and suggestions throughout all the editorial process. The Editors

Contents

Introduction S. Redondo, V. Garrido, J. Pirez and R. Barberet Contributors

Part I: Law and Psychology in Different Countries Law and Psychology in Europe: Current Status and Future Perspectives H. Kury Psychology and Law in Latin America! State of the Art J. H. Del Popolo Criminological and Legal Psychology in Portugal: Past, Present and Future R. A. Gongalves Euthanasia in the Netherlands: Policies, Practices and Public Opinion D. J. Hessing, R. Pieterman and J. R. Blad Psychological Aspects of the Family Law Reform and the Influences in Legislation after the German Unification A. Kühne

Part II: Victimology Criminal Behavior and the Pre-Victimization Process: Three Studies on Neutralization, Redefinition, and Desensitization F. W. Winkel Criminal Victimization and Well-Being: A Prospective Study on the Direct and Buffering Effects of Personality Traits A. Denkers and F. W. Winkel Victimological Aspects of Computer Crimes T. Alessia Victimization in Close Relationships: On the Darkness of "Dark Figures" P. Wetzels and W. Bilsky

VIII

The Victim's Experience and Fear of Crime. A Contribution to the Victimization Perspective H. Kury

Contents

107

Part III: Witnesses and Expert Testimony Child Witnesses: Lying about Something Heard M. Alonso-Quecuty, E. Herndndez-Fernaud and L. Campos

129

Instructions and Suggestions: Effects on the Amount of Details in Children's Statements R. Volbert and V. Pieters

136

Changes in Subtle Hand/Finger Movements During Attempted Deception A. Vrij

147

The Effects of Distraction on Police Officer Shooting Behavior A. Vrij, J. van der Steen and L. Koppelaar

155

Paralinguistic and Nonverbal Triggers of Biased Credibility Assessments of Rape Victims in Dutch Police Officers: An Experimental Study of "Nonevidentiary" Bias A. C. Baldry, F. W. Winkel and D. S. Enthoven

163

Psychological Expert Testimony on Eyewitness Issues on the Basis of Case Related Field Experiments T. Fabian and M. Stadler

174

Some Aspects of the Role of the Expert in Criminal Cases J. F. Nijboer

180

Part IV: Juries and Tribunals Models in Jury Decision-Making P. de Paul

189

Formal Pattern in Jury Decision Making Ε. I. De la Fuente, A. Ortega, I. Martin and H. Trujillo

192

Inquisitorial Jury Selection through Scientific Support R. Arce, F. Farina, C. Vila and S. Real

206

Contents

IX

Influence of the Prosecutor's Plea on the Judge's Sentencing in Sexual Crimes: Hypothesis of the Theory of Anchoring by Tversky and Kahneman E. Garrido Martin and C. Herrero Alonso

215

An Enquiry into Judicial Decisions J. Sobral Fernandez

227

Is the Judge's Role to be Reformulated? A Socio-Psychological Approach to Office and Practice R. Jakob

236

Part V: Child Development and Delinquency Delinquency Prevention in the First Few Years of Life D. P. Farrington

247

Self-Reported Delinquency in Spain and Castilla-La Mancha: A Comparison of National and Subnational Samples J. Montanes-Rodriguez, C. Rechea-Alberola and R. Barberet

262

Adoption and Murder P. D. Jaffe

274

A Descriptive Preliminary Study of the Long Term Effects of Divorce on the Psychological Adjustment Process of Children A. Jarne, E. Requena, J. Moya and M. Timon

281

Custodian's Gender and Disorders in the Psychical Development of Children A. Czerederecka and T. Jaskiewicz-Obydzinska

289

Part VI: Psychological Factors Related to Crime Mental Illness and Criminality: A Study of a Sample of Psychiatric Out-Patients S. Luberto, P. Zavatti and G. Gualandri

301

Outcome Expectancies: An Important Link between Substance Use and Crime? M. McMurran

312

Socio-Cognitive Skills and Female Crime: A Study of Institutionalized Women Offenders A. M. Martin-Rodriguez and A. M. Rodriguez-Rodriguez

322

χ

Contents

An Empirical Approach to Offender Profiling J. L. Jackson, J. C. M. Herbrink and P. van Koppen

333

The Criminal Psychologist: Between Tradition and Utopia V. Garrido Genov4s

346

Part VII: Drug Addiction Interventions Drug Addiction Among Inmates S. Brochu and L. Guyon

365

Addiction and Criminal Background in Rehabilitation Centers for Drug and Alcohol Abuser Clientele L. Guyon and S. Brochu

374

Drug Addiction Intervention Programmes Using Agonists and Antagonists Opiates in Catalonian Prisons A. Marco

383

A Therapeutic Community for Incarcerated Drug Offenders: Three Years in the Specialised Attention Department (DAE) of Quatre Camins Penitentiary Centre J. R. Sanchis, I. Ibern, M. Soto and P. Montero

389

Part VIII: Correctional Treatment and Prison Initiatives Children Imprisoned With Their Mothers: Psychological Implications P. D. Jaffi, F. Pons and H. Rey Wicky

399

Organizational Assessment of a Prison M. Clemente

408

Prison and Feelings: Suicide Attempts J. Behar, A. Cordomi and J. Bajet

419

Therapy Motivation in Prisons: Towards a Specific Construct for the Motivation to Enter Psychotherapy for Prison Inmates K.-P. Dahle

431

The Treatment of Aggressive Prisoners. A Closed Regime Programme J. P. Queralt, J. Caballero, A. Casals, J. C. Navarro and S. Serra

442

Contents

Organization Program of the Barcelona Women's Prison: Six Years of Evaluation ./. M. Montero, J. Martinez, M. A. Esteban, A. Alonso and C. Soler

XI

452

Part IX: Correctional Evaluation Methodological Advances in the Assessment of Correctional Programs Μ. T. Anguera

465

Young Offenders and Alcohol: Relative Merits of Institutions and Community Prevention Initiatives C. R. Hollin

478

Methodological Issues in the Meta-Evaluation of Correctional Treatment J. Sdnchez-Meca

486

What Works in Correctional Rehabilitation in Europe: A Meta-Analytical Review S. Redondo, V. Garrido and J. Sdnchez-Meca

499

Epilogue Psychology, Law and Europe: Current Developments and Problems F. Lösel

524

Subject Index

541

Introduction Santiago Redondo, Vicente Garrido, Jorge Perez and Rosemary Barberet

The IV conference on Psychology and Law, held in Barcelona, was a success in terms of participation. More delegates than ever before met at the Centre d'Estudis Juridics, a section of the Catalonian Justice Department devoted to the study of legal issues. This book continues the tradition of the "Psychology and Law" series in publishing the most outstanding contributions of that conference. Since the very nature of this book is an edited collection of conference proceedings, it is unavoidable that to a certain degree, the reader gets the "melting pot" sensation, but the editors do not necessarily consider this a mistake: the European expansion in the area of Psychology and Law is great and varied, and this volume must reflect this fact. Perhaps this book, more than its predecessors, expands on the characteristics of legal and criminological psychology in Southern Europe, and particularly in Spain. In this respect it is fortunate that psychology can build a legacy of empirical research. In the first part of the book ("Law and Psychology in Different Countries"), Helmut Kury focuses on the difference between two research traditions: "At least in western industrial nations as the USA and Great Britain for example, criminology is conceived as a discipline of empirical social science, whereas in many parts of Europe (...) it is considered a discipline of the science of law". However, as Kury's article shows, many areas are being researched with notable energy, and so it is possible to envision a future which includes a truly empirical science of criminology in Europe. The situation in South America is more fragmentary, a logical fact if we consider the different cultures and political structures that coincide there. Dr. Popolo underlines the advances taking place in the areas of expert appraisals and advice in judicial decision-making, but stresses the important objectives which have not yet been achieved, in particular the prevention of antisocial behaviour and the coordination among disciplines and institutions involved in the development of legal and criminological sciences, in which psychology plays a leading role. Unfortunately, Dr. Popolo passed away during the edition of this book. As a cofounder of the Ibero-American Society of Psychology and Law, Dr. Popolo's work on psychology in the courtroom will remain as a testament to his interest in Psychology and Law, and on a personal level, he will be sadly missed by his academic colleagues and, in particular, by the editors of this book.

χ] V

Santiago Redondo, Vicente Garrido, Jorge Perez and Rosemary Barberet

Portugal is also in a emergent situation. As R. Abrunhosa points out, "this kind of specialisation is giving now its first steps". But as also has occurred in Spain (Garrido & Redondo, 1992), Portugal now has a penal code that supports the role of psychology as a important tool in the rehabilitation of offenders. This offers hope: "So, we have an official framework to lean on and start to do something. And from I have said above, it seems that we are doing it". The other two chapters focus on specific matters in two countries: euthanasia in the Netherlands and family law in Germany after reunification. Altogether Part I adds to the chapters of the previous books of the series in the intent to clarify the evolution of legal and criminological psychology in Europe. Part II, Victimology, reflects the very broad expansion that this field has witnessed. Matters are as diverse as the cognitive processes employed by offenders before committing a crime, and the importance of the victim's role in confronting the crime; the buffering effects of personality traits in postvictimisation; the victimological aspects of computer-crimes; victimisation in intimate relationships and victims experience and fear of crime; all of them indicate that we have truly advanced since the beginning of the seventies. Now we approach the study of the victim as an active agent, seeing him or her as someone who suffers and also as someone who can contribute to prevent criminal behaviour. Psychology has many things to say in a field that by its nature is very psychological: Witnesses and Expert Testimony (Part III). Children continue to attract much of the interest of researchers in this subject, but the "art of interrogation" receives attention, as well as the examination of the role of the expert. It is interesting to note that the police can take advantage of the work developed by psychologists in interrogation and credibility, overcoming the "experience from the police detectives" as the only valid argument in deciding how to conduct this kind of fact-finding. And we welcome papers such as the "The Effects of Distraction on Police Officer Shooting Behavior", where the authors explain that psychology can help police practice in near-fatal events. "Juries and Tribunals" is the other main topic in the Legal Psychology arena. The psychology of juries has been a focus of great interest in the last few years in Spain because its employment in the criminal justice system is now (1996) a reality. The papers presented by Sobral ("Enquiry on Judicial Decisions"), Garrido Martin and Herrero ("Influence of the Prosecutor's Plea on the Judge's Sentencing in Sexual Crimes"), De la Fuente et al. ("Formal Pattern in Jury Decision Making"), De Paul ("Models in Jury Decision Making" ) and Arce et al. ("Inquisitorial Jury Selection through Scientific Support") are good examples of current research undertaken by Spanish legal psychologists. This part is complemented by a reflection on the judge's role from the socio-psychological perspective, by R. Jakob. He concludes with an audacious challenge: "For all persons involved it makes more sense to cope with the personality of the judge. To reach this aim, possibilities of self-experience should be offered obligatorily to trainees, individually or in groups".

Introduction

XV

Part V, Child Development and Delinquency, is represented in this book by classical as well as non-conventional papers. By classical, we are referring to the paramount importance of the longitudinal study continued by David Farrington since the seventies. Of the many derivations of the Cambridge Study are studies regarding prevention, which demonstrate without doubt preventive measures applied in the first few years of life are the most important. Self-report research is also a classic theme of study and there is no research in Spain more complete than that undertaken by Montafles, Rechea and Barberet. For first time we have a rigorous study which can be compared with international research. The Spanish contribution ends with the paper by Jarne et al. about the long term effects of divorce in the psychological adjustment of children, another very new theme of research in our country. This part ends with two additional papers. The first is a very suggestive one ("Adoption and Murder", by P.D. Jaffe), structured around the discussion of a case, while engaging in a review of this phenomenon; the author argues that adoption homicide is "a rare event too often ignored", and we think that perhaps it is time for more thorough research. The other paper, "Custodian's Gender and Gender Disorders in the Child Development", by Czerederecka and Jaskiewicz, ends with a hopeful conclusion that, we think, reflects much of the effort of psychologists in family courts all over the world: "(...) in cases of family break-up, fathers can potentially be the main custodian as well as mothers. However, they should incorporate a striving for the establishment of better mutual contacts between mother and child into their child-raising activities to a much greater extent and not concentrate on conflict with their former spouse, seeking social support for such forms of behaviour". Five studies carried out in a variety of European countries have been grouped together under the title "Psychological Factors Related to Crime" (Part VI). Luberto et al. tell of the low crime rate among psychiatric patients, and stress the importance of family and social integration in preventing anti-social conduct among that population. McMurran presents two studies which emphasise the connections between outcome expectations and the consumption of alcoholic beverages and crime. In a third study carried out in Spain, Martin and Rodriguez theorise the role that sociocognitive skills may play in the genesis of female crime. Jackson et al. describe an offender profiling technique which is based on indepth interviews with a limited number of convicted murderers plus the extensive experience of detectives in the homicide field. Finally, Garrido reflects on the fields of application of criminal psychology and on the work of psychologists in these areas. Part VII deals with intervention with drug dependent offenders. In their first two studies carried out in Quebec, Brochu and Guyon analyse the link between drug consumption and crime. In the first such study, the authors acknowledge the high rate of drug addiction among prison inmates, and reflect on their need for treatment.

XVI

Santiago Redondo, Vicente Garrido, Jorge Perez and Rosemary Barberet

In the second, carried out on drug addicts attending a rehabilitation centre, the sociodemographic characteristics of drug abuse among subjects both with and without criminal records are compared. Marco expounds on the problems which arise from the rate of heroin abuse in Spanish prisons and acknowledges the good results achieved in prisons in Catalonia on programmes based on the administration of agonistic opiates. Lastly, Sanchis et al. narrate the stimulating experience of a therapeutic community inside a prison designed for the treatment of drug-dependent inmates from Catalonian prisons. "Correctional Treatment and Prison Initiatives" is the generic title of part VIII. Jaffa et al. tackle the complex subject of children who live in prison with their mothers, and propose changes with a view to avoiding negative psychological consequences and promoting mental hygiene in both mothers and children. In a second work, demente recounts the construction of an Organisational Assessment Instrument for prisons based on research carried out in Spanish prisons. Behar et al. present differences in feelings and emotions about prison, comparing inmates both with and without a history of self-inflicted injuries or attempted suicide, with preventative aims in mind. Dahle's study focuses on the construct of Therapy-Motivation in the application of psychotherapy to prison inmates. Queral et al. discuss a programme of treatment by means of the organisation of progressive phases in a Catalonian penitentiary, and show positive results with aggressive prisoners. Those who took part in the programme reduced both the length of time they spent in prison and the amount of disciplinary problems when in prison to a greater degree than those who did not. The last study in this section deals with the same subject matter. Montero et al. present the good results achieved in personal hygiene, disputes, social climate and participation in educational programmes after the application of three treatment programmes in the Barcelona women's prison. The last section of the book (Part IX) focuses on correctional evaluation. As Anguera shows in her first paper on methodological advances, correctional evaluation is a most relevant matter as it contributes information as to how effective programmes are with a view to optimising the results, the effectiveness and the quality of programmes in correctional centres. On the same subject, SänchezMeca's paper is a good referent with regard to the technique of meta-analysis in evaluating the results of treatment in correctional centres. In his contribution, Holling reflects on the advantages and disadvantages of the treatment of young offenders who are also consumers of alcohol in institutions and in the community. The author champions the establishment of ties between both areas. The section and the volume itself end with an interesting work on correctional rehabilitation in Europe. Redondo, Garrido and Sänchez-Meca present the results of a meta-analysis of 57 studies in six European countries. The fact that this was the first meta-analysis carried out in Europe on studies from different countries renders it of special interest (Lösel, 1995). The study reveals optimistic results on

Introduction

XVII

rehabilitation and concludes that programmes based on cognitive-behavioural techniques obtain the best results. The meeting at Barcelona was a very exciting one. Many people from Spain joined people from all over Europe to share knowledge, and to continue giving support to the European Association of Psychology and Law. We hope this book is a good example of that vitality. Similar to what happened at the meeting held in Pamplona, Spain in 1991, where Spanish and British legal psychologists met, as well as the three previous conferences, the Barcelona conference showed that "Pyschology and Law" is a marriage that promises longevity.

References Garrido, V. & Redondo, S. (1992). Psychology and Law in Spain. In F. Lösel, D. Bender and T. Bliesener (Eds.), Psychology and Law. International Perspectives, (pp. 526-534). Berlin: De Gruyter. Lösel, F. (1995). Management of Psychopaths. Paper presented at NATO ASI; Psychopathy. Alvor, Portugal.

Contributors Trenti Alessia, Dipartamento di Scienze Morfologiche e Medico-Legali dell'Universita di Modena Policlinico, Via del Pozzo 71, 41100 Modena, Italy Ana Alonso, Centre Penitenciari d'Homes de Barcelona, Enten^a 155, 08029 Barcelona, Spain Marisa Alonso-Quecuty, Department of Cognitive Psychology, University of La Laguna (Campus de Guajara), 38205 La Laguna, Tenerife, Spain M. Teresa Anguera, Faculty of Psychology, University of Barcelona, Passeig de la Vail d'Hebron 171, 08035 Barcelona, Spain Ramon Arce, Department of Social Psychology, University of Santiago de Compostela, 15706 Santiago de Compostela, La Coruna, Spain Jordi Bajet, Gerencia de Suport Judicial de Barcelona ciutat, Ronda de Sant Pere 35, 08010 Barcelona, Spain Anna Costanza Baldry, University of Rome 'La Sapienza', Via dei Marsi 78, 00185 Roma, Italy Rosemary Barberet, Instituto Andaluz Interuniversitario de Criminologia, Facultad de Derecho, Universidad de Sevilla, Avenida del Cid s/n, 41004 Sevilla, Spain Jiilia Behar, Departament de Metodologia i Ciencies del Comportament, Facultat de Psicologia, Universität de Barcelona, Passeig de la Vail d'Hebron 171, 08035 Barcelona, Spain Wolfgang Bilsky, Psychologisches Institut IV, Westfälische Wilhelms-Universität Münster, Fliednerstrasse 21, D-48149 Münster, Germany John R. Blad, Faculteit der Rechtsgeleerdheid, Erasmus Universiteit Rotterdam, P.O. Box 1738, 3000 DR Rotterdam, The Netherlands Serge Brochu, International Center for Comparative Criminology, University of Montreal (Qc), P.O. Box 6128, Station A, Montreal H3C 3J7, Canada Judith Caballero, Centre Penitenciari Brians, 08781 Sant Esteve de Sesrorives, Barcelona, Spain Laura Campos, Department of Cognitive Psychology, University of La Laguna (Campus de Guajara), 38205 La Laguna, Tenerife, Spain Alicia Casals, Centre Penitenciari Brians, 08781 Sant Esteve de Sesrorives, Barcelona, Spain Miguel Clemente, Department of Social Psychology, Universidad Complutense de Madrid (Campus de Somosaguas), 28223 Madrid , Spain Anna Cordomi, Departament de Justicia de la Generalitat de Catalunya, Pau Claris 81, 08010 Barcelona, Spain Alicja Czerederecka, Department of Forensic Psychology, Institute of Forensic Research, ul. Westerplatte 9, 31-033 Krakow, Poland Klaus-Peter Dahle, Institut für Forensische Psychiatrie, Freie Universität Berlin, Limonenstrasse 27, D-12203 Berlin, Germany

XX

Contributors

Juan Horacio Del Popolo, Chile, 925 4P Dpto 10, Mendoza, Argentina E. Inmaculada De la Fuente Solana, Departamento de Psicologia Social y Metodologia de las Ciencias del Comportamiento, Facultad de Psicologia, Universidad de Granada (Campus Universitario de Cartuja), 18071 Granada, Spain Adriaan Denkers, Dept. of Social Psychology / VU Centre for Police Sciences, Vrije Universiteit Amsterdam, Van der Boechorststraat 1, 1081 BT Amsterdam, The Netherlands Deirdre Suzette Enthoven, Dept. of Social Psychology / VU Centre for Police Sciences, Vrije Universiteit Amsterdam, Van der Boechorststraat 1, 1081 BT Amsterdam, The Netherlands Miguel Angel Esteban, Centre Penitenciari de Dones de Barcelona, Wad Ras 98, 08005 Barcelona, Spain Thomas Fabian, Hochschule fur Technik, Wirtschaft und Kultur Leipzig (FH), Fachbereich Sozialwesen, Postfach 66, D-04251 Leipzig, Germany Francisco Farina, Area of Basic Psychology, Faculty of Social Sciences, University of Vigo, Rua Sierra, 40, 36002 Pontevedra, Spain David P. Farrington, Institute of Criminology, University of Cambridge, 7 West Road, CB3 9DT Cambridge, UK Vicente Garrido Genoves, University of Valencia, Faculty of Psychology and Education, 46010 Valencia, Spain Eugenio Garrido Martin, Departamento de Psicologia, Facultad de Psicologia, Avenidade la Merced, 109-131, 37005 Salamanca, Spain Rui Abrunhosa Gongalves, Department of Psychology, Instituto de Educa9äo, University of Minho (Campus de Gualtar), 4700 Braga, Portugal Giorgio Gualandri, Istituto di Medicina Legale e delle Assicu Azioni dell'Universitä di Modena Policlinico, Via del Pozzo 71, 41100 Modena, Italy Louise Guyon, Quebec Research and Intervention Group on Psychoactive Substances, 101401 Lajeunesse, Montreal (Qc), H3L 2E2, Canada J. C. M. Herbrink, Netherlands Institute for the Study of Criminality and Law Enforcement, Witte Singel 103, 2313AA Leiden, The Netherlands Estefania Hernändez-Fernaud, Department of Cognitive Psychology, University of La Laguna (Campus de Guajara), 38205 La Laguna, Tenerife, Spain Carmen Herrero Alonso, Departamento de Psicologia, Facultad de Psicologia, Avenida de la Merced, 109-131, 37005 Salamanca, Spain Dick J. Hessing, Faculteit der Rechtsgeleerdheid, Erasmus Universiteit Rotterdam, P.O. Box 1738, 3000 DR Rotterdam, The Netherlands Clive R. Hollin, Department of Psychology, University of Leicester, Leicester LEI 7RH, UK Immaculada Ibern Regäs, Departament d'Atencio Especialitzada, Centre Penitenciari Quatre Camins, Apartat Oficial 335, 08400 Granollers, Barcelona, Spain

Contributors

XXI

Janet L. Jackson, Netherlands Institute for the Study of Criminality and Law Enforcement, Witte Singel 103, 2313AA Leiden, The Netherlands Philip D. Jaffe, Faculty of Psychology and Education Sciences, and Institute of Legal Medicine, University of Geneva, 9 route de Drize, 1227 Carouge, Switzerland Raimund Jakob, Arbeitgruppe fur Rechtspsychologie und Politische Psychologie, Universität Salzburg, Churfürststrasse 1, A-5020 Salzburg, Austria Adolfo Jarne, Departament de Personalitat, Avaluacio i Tractament Psicologics, Facultat de Psicologia, Universität de Barcelona, Passeig de la Vall d'Hebron, 171, 08035 Barcelona, Spain Teresa Jaskiewicz-Obydzinska, Department of Forensic Psychology, Institute of Forensic Research, ul. Westerplatte 9, 31-033 Krakow, Poland Leendert Koppelaar, CIRCON, Oosteinde 15-17, 1017 WT Amsterdam, The Netherlands P. van Koppen, Netherlands Institute for the Study of Criminality and Law Enforcement, Witte Singel 103, 2313AA Leiden, The Netherlands Adelheid Kühne, Universität Hannover, FB Erziehungswissenschaften I, Bismarckstrasse 2, D-30173 Hannover, Germany Helmut Kury, Max-Planck-Institut für Ausländisches und Internationales Strafrecht, Günterstalstrasse 73, D-79100 Freiburg im Breisgau, Germany Friedrich Lösel, Institute of Psychology, University of Erlangen-Nürnberg, Bismarckstrasse, 1, D-91054 Erlangen, Germany Salvatore Luberto, Institute of Forensic Medicine of Modena, Via del Pozzo 71, 41100 Modena, Italy Andres Marco, Centre Penitenciari d'Homes de Barcelona, Enten9a 155, 08029 Barcelona, Spain Ana M. Martin-Rodriguez, Departamento de Psicologia Social, Facultad de Psicologia, Universidad de La Laguna (Campus de Guajara), 38205 La Laguna, Tenerife, Spain Ignacio Martin Tamayo, Departamento de Psicologia Social y Metodologia de las Ciencias del Comportamiento, Facultad de Psicologia, Universidad de Granada (Campus Universitario de Cartuja), 18071 Granada, Spain Jesus Martinez, Centre Penitenciari de Dones de Barcelona, Wad Ras 98, 08005 Barcelona, Spain Mary McMurran, East Midlands Centre for Forensic Mental Health, Arnold Lodge, Cordelia Close, Leicester LE5 OLE, UK Juan Montanes-Rodriguez, Unidad de Criminologia, Facultad de Derecho, Universidad de Castilla-La Mancha, Plaza de la Universidad 1, 02071 Albacete, Spain Jose M. Montero, Centre Penitenciari d'Homes de Barcelona, Enten?a 155, 08029 Barcelona, Spain Paula Montero Brasero, Departament d'Atencio Especialitzada, Centre Penitenciari Quatre Camins, Apartat Oficial 335, 08400 Granollers, Barcelona, Spain

XXII

Contributors

Josep Moya, CAPIP, Providentia 60, 08901 L'Hospitalet de Llobregat, Barcelona, Spain Joan C. Navarro, Centre Penitenciari Brians, 08781 Sant Esteve de Sesrorives, Barcelona, Spain J.F. Nijboer, Professor of Law and Judge, Department of Criminal Law, University of Leiden, P.O. Box 9520, 2300 RA Leiden, The Netherlands Ana Ortega Martinez, Departamento de Psicologia, Universidad de Jaen, 23071 Jaen, Spain Pilar de Paul, Social Psychology Department, Universidad Complutense de Madrid (Campus de Somosaguas), 28223 Madrid, Spain Roel Pieterman, Faculteit der Rechtsgeleerdheid, Erasmus Universiteit Rotterdam, P.O. Box 1738, 3000 DR Rotterdam, The Netherlands Volker Pieters, Klinik und Poliklinik fur Psychiatrie und Psychotherapie der ErnstMoritz-Arnd-Universität Greifswald, Ellernholzstrasse 1-2, 17487 Greifswald, Germany Francisco Pons, Faculty of Psychology and Education Sciences, and Institute of Legal Medicine, University of Geneva, 9 route de Drize, 1227 Carouge, Switzerland Joan Pere Queralt, Centre Penitenciari Brians, 08781 Sant Esteve de Sesrorives, Barcelona, Spain Santiago Real, Department of Social Psychology, University of Santiago de Compostela, 15706 Santiago de Compostela, La Coruna, Spain Cristina Rechea-Alberola, Unidad de Criminologia, Facultad de Derecho, Universidad de Castilla-La Mancha, Plaza de la Universidad 1, 02071 Albacete, Spain Santiago Redondo, Centre of Legal Studies, Roger de Flor 196, 08013 Barcelona, Spain Elena Requena, Departament de Personalitat, Avaluacio i Tractament Psicologics, Facultat de Psicologia, Universität de Barcelona, Passeig de la Vail d'Hebron, 171, 08035 Barcelona, Spain Helene Rey Wicky, Faculty of Psychology and Education Sciences, and Institute of Legal Medicine, University of Geneva, 9 route de Drize, 1227 Carouge, Switzerland Ana M. Rodriguez-Rodriguez, Departamento de Psicologia Social, Facultad de Psicologia, Universidad de La Laguna (Campus de Guajara), 38205 La Laguna, Tenerife, Spain Julio Sänchez Meca, Departamento de Psicologia Bäsica y Metodologia, Facultad de Psicologia, Universidad de Murcia (Campus Universitario de Espinardo), Apartado 4021, 30080 Murcia, Spain J. Ricardo Sanchis Mir, Departament d'Atencio Especialitzada, Centre Penitenciari Quatre Camins, Apartat Oficial 335, 08400 Granollers, Barcelona, Spain Silvia Serra, Centre Penitenciari Brians, 08781 Sant Esteve de Sesrorives, Barcelona, Spain

Contributors

XXIII

Jorge Sobral Fernandez, Departamento de Psicologia Social y Bäsica, Facultad de Filosofia y Ciencias de la Education, Universidad de Santiago de Compostela (Campus Sur), 15706 Santiago de Compostela, La Coruna, Spain Carles Soler Departament de Justicia de la Generalität de Catalunya, Pau Claris 81, 08010 Barcelona, Spain Montserrat Soto Fernandez, Departament d'Atencio Especialitzada, Centre Penitenciari Quatre Camins, Apartat Oficial 335, 08400 Granollers, Barcelona, Spain Michael Stadler, Institute of Psychology and Cognition Research, University of Bremen, P.O. Box 330440, D-28334 Bremen, Germany Jaap van der Steen, CIRCON, Oosteinde 15-17, 1017 WT Amsterdam, The Netherlands Monica Timon, Departament de Personalitat, Avaluacio i Tractament Psicolögics, Facultat de Psicologia, Universität de Barcelona, Passeig de la Vail d'Hebron, 171, 08035 Barcelona, Spain Humberto Trujillo Mendoza, Departamento de Psicologia Social y Metodologia de las Ciencias del Comportamiento, Facultad de Psicologia, Universidad de Granada (Campus Universitario de Cartuja), 18071 Granada, Spain Carlos Vila, Department of Social Psychology, University of Santiago de Compostela, 15706 Santiago de Compostela, La Coruna, Spain Renate Volbert, Institut für Forensische Psychiatrie, Freie Universität Berlin, Limonenstrasse 27, D-12203 Berlin, Germany Aldert Vrij, Department of Psychology, University of Portsmouth, King Charles Street, POl 2ER Portsmouth, UK Peter Wetzeis, Kriminologisches Forschungsinstitut Niedersachsen (KFN), Lützerodestrasse 9, D-30161 Hannover, Germany Frans Willem Winkel, Dept. of Social Psychology / VU Centre for Police Sciences, Vrije Universiteit Amsterdam, Van der Boechorststraat 1, 1081 BT Amsterdam, The Netherlands Patrizia Zavatti, Istituto di Medicina Legale e delle Assicu Azioni dell'Universitä di Modena Policlinico, Via del Pozzo 71, 41100 Modena, Italy

Parti Law and Psychology in Different Countries

Law and Psychology in Europe: Current Status and Future Perspectives1 Helmut Kury

Introduction Legal psychology is one of the oldest disciplines of applied psychology; its origin can be traced back to the end of the 19th and the beginning of the 20th century. For example, at the end of last century, Münsterberg had been working in the field of applied psychology including legal psychology. He emigrated to the USA where he became one of the founders of legal psychology; there, he continued his research in legal psychology (see Münsterberg 1908). Already at the end of the 18th century there existed publications dealing with the psychological aspects of delinquency - at a time indeed, which did not know any academic psychology in our modern sense (see e.g., v. Eckartshausen 1791; Schaumann 1792; Muench 1799; see also Gross 1898). The importance of legal psychology has experienced ups and downs during its more than 100-year-old history, but it has definitely increased over the last years, at least in several Western countries. The upswing of legal psychology has been taking place especially over the past 20 years. Diamond (1992, p.5) emphasizes that although Münsterberg had written his studies on legal psychology already at the beginning of this century, "it is only 15 years since the first review of psychology and law appeared in the Annual Review of Psychology". In the year 1977 the first issue of Law and Human Behaviour was published which is the official journal of the American Psychology and Law Society, and nowadays it is also the journal of the American Psychological Association's Division of Psychology and Law. Tapp (1976) wrote one of the first readers on forensic psychology in the USA nearly 20 years ago. One of the first modern volumes on legal and criminal psychology was edited by Toch (1961). Before 1973, only a few psychological institutes in the USA offered training courses in legal psychology; often, they even did not offer one single course at all. However, nine years later, in 1982, one fourth of the graduate programs in psychology offered at least one training course and numerous others started to offer more detailed and elaborated programs. "Yet this short period of less than 20 years has been a dramatic level of activity" (Diamond 1992, p.V; see also

I am especially indebted to Daniela Kirstein for helping me to produce the results.

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Bartol & Bartol 1987, p.16; Ogloff 1992, p.2). According to Weiner and Hess (1987, p.XI), "Forensic psychology has become a rapidly emerging professional speciality". With respect to the situation in Canada, Ogloff (1989) reports on a survey at Canadian psychological institutes. Here, it could be observed that only 3 out of 26 of the institutes offered graduate courses, despite the fact that 62% simultaneously stated that their faculty was engaged in legal psychological research and/or in practice within the fields of legal psychology. Research, however, is obviously still restricted to few fields of legal psychology. Roesch (1990, p.l) emphasizes that during the past 12 years of appearance of the journal Law and Human Behaviour which is, as already mentioned, the official journal of the American Psychology Law Society, almost one third of all articles published dealt with the topics expert witness, jury decision making and eye-witness testimony. The author regrets that this way the large field of legal psychology had been strongly limited. Kagehiro and Laufer stress in the preface of their Handbook of Psychology and Law (1992, p.XI): "The narrow focus of psycholegal research continues to be the despair of writers in the field". Lösel (1989), too, who repeatedly points out the upswing of legal psychology during the past years, is right in highlighting the large gaps in research in this field. As already mentioned, the Western industrial nations have experienced a clear increase in discussions on legal psychological matters and especially in empirical research during the past 15-20 years. Authors generally refer to the situation in Great Britain, the Netherlands or Germany, but mostly in the USA. Bartol and Bartol (1987, p. 17) emphasize that "the 1970's saw a literature and research explosion in all areas of forensic psychology, which had, as Loh (1981) observes, 'come of age'". Melton (1987, p.681), too, emphasizes the strong increase in legal psychology in the USA, but he regrets at the same time that the scope of topics is still restricted: "psycholegal studies may be fairly termed as psychology's new growth industry. Besides the development of new professional organizations (e.g., the American Psychology-Law Society of the American Psychological Association), there has been a mushrooming of scholarship on psychology and law, albeit still predominantly in relatively narrow areas of criminal and family law". According to Lösel et al. (1992, p.VII), psychology in the field of law does not only have a long-standing tradition, "but is also characterized by a recent upswing. Research in this area has significantly intensified during the past 15 years". One reason why psychologists are increasingly summoned before the court since the 50s can be seen, according to Loh (1981, p.323), in the "increased professionalization (...) the rapid growth of mental health professions during this period, and the formulation of legal doctrines of insanity consistent with modern psychiatry". During the past decades, psychology has developed considerable knowledge that can be used especially by criminology and legal psychology: "Psychologists have made many contributions to the explanation, prevention, and treatment of offending (...)." (Farrington 1992, p.35).

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Germany, too (at least the former Federal Republic of Germany) has experienced a clear increase in legal psychology during the past years in research as well as in practical application. For example, for some years there have been groups of psychologists who are engaged in forensic expert reports in court, especially when matters of criminal and family law are concerned (see e.g., Arntzen 1994; Fabian & Wetzels 1991). The scope of research topics is slowly expanding (see e.g., Egg 1991). According to Kaiser (1992, p.31), "(...) - after a period of eventual development - one can now speak of a newly established criminological psychology that is in keeping with a great and long tradition and lives up especially to modern expectations (...)." A survey of the literature on the number of journals, congresses, meetings and research projects indeed proves the rising importance of legal psychology during the past 15-20 years (see Lösel 1989). Despite this positive development, we must not forget that legal psychology is attributed a rather marginal position within psychological research; but, after all, this position has been strengthened. The following point should also be taken into account: When we speak of an increase in the importance of legal psychology, to which countries does this rise apply? If we analyze the pertinent literature in the Federal Republic of Germany, then our lack of knowledge in foreign languages, except for English and perhaps French, inevitably forces us to limit ourselves to German or Anglo-American, i.e. English, maybe Dutch, and North-American literature. There, reports on the situation of legal psychology in non-English-speaking countries are very scarce. We even know little about the situation in France or Spain, and I think we know very little about the situation in Russia or Poland. Two important English readers published by Garrido and Redondo (1992) and Garrido Martin (1994) give an overview of the current situation of legal psychology in Spain, which reveals an old and rich tradition in this field. As it is also the case with the majority of the other countries, legal psychology has systematically developed only within the past years (Garrido Martin 1994, p.304). The handbook of Mira y Lopez (1932) meant a landmark in Spanish legal psychology. There, besides legal-psychological topics such as credibility and the relative importance of objective test methods, criminological topics such as prevention, causes and treatment of delinquency are discussed. The increasing number of publications in legal psychology gives proof of its positive development in Spain, especially from the mid-80s on. The volume of Jimenez Burillo and Clemente Diaz (1986) is frequently considered to mark the turning point in Spanish legal psychology; there, scientists as well as practicians discuss important themes (see also Morales et al. 1986). Avila Espada (1987) describes the relevance of forensic psychology to law. During the past years, several research groups have been engaged in forensic expert reports on credibility. Mira and Diges, for example, published results on the issue of recognition, especially of faces (1984; 1986; see also Garrido Martin 1986). Prieto et al. (1990) examined the influence of results of expert reports about credibility in court, depending on their presentation and precision. Clemente (1987)

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comprehensively examines female delinquency, Sobral and Arce (1990) summarize the results of research on sentencing (see also Arce et al. 1990; Garrido & DeElena 1990). Garzon and Seoane (1988) examined the court as a social institution, considering its relationship to attitudes and norms of society. A relatively broad research area in Spain, covers criminal psychology, especially the incarceration of offenders, their rehabilitation and the development of alternatives to imprisonment. In particular, Garrido Genoves (1982; 1987) from the University of Valencia has been empirically engaged for several years in problems of prison psychology and treatment research and has published numerous volumes. No doubt, he is "one of the driving forces regarding the empirical studies on penitentiary treatment" (Garrido Martin 1994, p.308; see in this respect also e.g., Sancha Mata et al. 1987; Valverde 1991a; 1991b). Portero Carbo et al. (1987) provided an interesting study on treatment experiences in the Penitentiary Center for Young People in Barcelona. In Spain, from the 70s on, only the prison psychologists drew the attention to the role of psychology in law (Garrido & Redondo 1992, p.526). In the 80s, the interest in psychology generally grew stronger, also on the part of the law. More and more, psychologists had been granted positions with administrative and political influence. Unfortunately, the universities have expressed only little interest in legal psychology (Garrido & Redondo 1992, p.526). Despite all the difficulties that legal psychology still has to cope with in Spain, Garrido and Redondo (1992, p.533) came to the following conclusion in their very informative overview: "On the other hand, we must not forget the important progress made by legal psychology in the last 10 years, both in terms of social recognition and the number of jobs occupied. This is the reason why legal psychology is one of the most promising fields in current Spanish psychology". Lösel et al. (1992) published a reader on the occasion of the Second European Conference on Law and Psychology 1990 in Nuremberg which also contains two relevant review articles on the situation of legal psychology in Italy and Poland (see also Kury 1987). Traverso and Manna (1992) report on the situation in Italy, where although legal psychology has a long tradition, as is generally known, it is strongly bound to clinical psychology and to the exploration of the causes of delinquency (see also Gulotta 1987). Stanik (1992) states in his article on Poland, that there the term legal psychology (and not only in Poland, see above) is defined very vaguely. This is also true for other countries of the Eastern bloc, as our study reveals (see below). Due to the aforementioned language problems, the analyses of literature about legal psychology usually need to confine themselves to English-language publications and therefore inevitably concentrate on few countries. Even the situation in the home country, for example in Germany, is scarcely known especially with respect to legal psychological practice, at least if we consider the partly inconsistent information found in the pertinent literature (see Kury 1983). A few years ago, a first survey of the situation of legal psychology in training and research was conducted by us in the German-speaking countries of Austria,

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Switzerland and Germany (Kury 1994; see also on the situation of forensic psychiatry e.g., Foerster 1983; 1988; 1989; 1992). A few results will be reported below. If we know little yet about legal psychology in Western countries, then we know still less about its situation in Eastern Europe. Thus, we decided to conduct a first survey in European countries in 1994, focusing on Eastern Europe. The following countries participated in the survey - Western Europe: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, The Netherlands, Norway, Portugal, Spain, and Sweden - Eastern Europe: Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Lithuania, Poland, Russia, Slovakian Republic, Slovenia, and Turkey. Furthermore, China participated from outside Europe. In planning this survey, we were fully aware of the considerable difficulties such a survey could involve. First, it was extraordinarily difficult to find adequate interviewees. We worked out a questionnaire and had it translated into English. Due to the very restricted knowledge of the English language in some countries, misunderstandings occurred now and then. Some interviewees, such as from Poland, sent us material or answered our questions in their own language. Only the fact that the Max Planck Institute for Foreign and International Criminal Law employs internationally oriented foreign-language referees and permanently takes in guests, particularly from Eastern Europe, enabled us to include this material in our analysis at all. Once again, misunderstandings caused by problems with translations could not always be avoided. Sometimes, our questionnaires were not answered completely. We must also bear in mind that the individual countries often have very different legal systems, a fact which also affects issues in legal psychology, particularly in forensic psychology. Thus, it is quite understandable that our survey, which was conducted in a short period of time, cannot give but first impressions of the situation of legal psychology in Europe which need to be complemented by further studies. As far as we know, an extensive long-term survey within member organizations was carried through by the "European Federation of Professional Psychologists Associations". The results of this survey are not available to us. I shall now present some results of our survey of the situation of legal psychology in Western and Northern Europe, followed by results for Eastern Europe. All information I present here is given by at least two independent local experts. I only present a piece of information when both experts questioned had given similar and not contradictory information.

Legal Psychology in Western and Northern Europe Overview of essential results of the survey There are considerable differences in training in legal psychology within the surveyed countries (see Table 1): In Denmark, for example, the universities offer

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training in forensic psychology for jurists at the Law School, but not within psychological studies, while in France, training is offered for psychologists by several universities, such as in Rouen, Lille or Rennes; the forensic courses, however, are mostly held by and for physicians. In France, the demand for training in legal psychology has been expressed increasingly, particularly by psychologists and jurists, and also by social workers. Austria merely provides training in forensic or legal psychology on a rather low level for psychologists. In Portugal, training in legal psychology has been provided since 1991, at least on paper; some universities have obviously announced training courses, but have not yet realized them. Sweden offers no official training at universities; in Lund, however, postgraduates have the opportunity of attending periodical training courses. The same is true for Finland where courses are offered only irregularly, except for continuation courses (in criminal psychology) held for the 21 prison psychologists. As expected, in the Netherlands the training programs in legal psychology are extensive. Although legal psychology is not an independent subject, it is however taught at numerous universities. Furthermore, institutions offer quite an extensive in-service training as well as courses for postgraduates. From Denmark, Finland, Austria and Sweden, we received rather skeptical estimations regarding the future perspective of training in legal psychology: it is assumed that the prevailing low level of training in legal psychology shall at best be maintained. Experts in France, the Netherlands, Portugal, Norway and Spain predict a more or less high increase for their countries. Estimations as to the general situation of research in legal psychology are similarly skeptical. The central topics of research are partly different. In Denmark, research is done on witness examination, sexual abuse of children and similar topics. In Finland, research focuses on family aggression, imprisonment and victimology; in Sweden, there is research on children as witnesses, drug career offenders, but there are also opinion polls on penal law. In France, the emphasis is - as expected - on clinical, legal psychological topics. Research in the Netherlands is quite differentiated, it concerns the following topics: juveniles in the criminal procedure, prognosis, violence in the family, police behavior etc. In Portugal, studies are being conducted above all in the form of case studies and offender profiles. On an average, the percentage of research with respect to all psychological research is estimated to be 2-3% (maximum 5%). The percentage of legal psychologists with respect to all psychologists is also estimated to be very small, namely, less than 10%. For Denmark, the absolute number of legal psychologists equals about 5-10, for Finland 23, for Sweden 30-40, for the Netherlands 150, for Austria 170, for Portugal even 200-250 and for France 380. It goes without saying that these figures are mostly based on estimations and ought thus not to be overinterpreted. It can only give a first impression. Of course, these absolute figures must be considered in relation to the size of the country, and especially the population figure.

Law and Psychology in Europe

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