Forensic use of a DSM-5 Quadrant in juvenile fire setting and ...
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Quadrant in juvenile fire setting and bomb making cases: A mitigation of criminal responsibility? By: Ronn Johnson, Ph.D., ABPP Jessica Mueller, PsyD Student* Eric Jacobs, MA Candidate** Elizabeth Grace, MA Candidate** JoJo Y.K. Lee, MA Candidate** * Alliant International University ** University of San Diego Overview JFSB DSM-5 Quadrant
Why the Quadrant is important What is Criminal Responsibility How the DSM-5 Quadrant diagnoses mitigate criminal responsibility DSM-5 Quadrant Term coined by Dr. Ronn Johnson "A DSM-5 Quadrant that includes conduct disorder/oppositional defiant disorder, PTSD, autism spectrum disorder and ADHD may capture many of the JFSBs seen." Conduct
PostDisorder/ Traumatic Oppositiona Stress l Defiant Disorder Disorder Attention Deficit/ Hyperactivity Disorder Autism Spectrum Johnson & Jones (2014)
Why the DSM-5 Quadrant is Important 34.3% of arson offenses involved juveniles, which was the highest percentage of offenses involving only juveniles (FBI, 2011) In 2013, there were 1,240,000 fires reported in the United States. These fires caused 3,240 civilian deaths, 15,925 civilian injuries, and $11.5 billion in property damage (National Fire Protection Association, 2013). The average dollar loss per arson is $13,196 (FBI, 2011) Juveniles may be subject to severe legal punishment as well as his or her parents/guardians Criminal Responsibility and JFSB
What is criminal responsibility? (Bryan-Hancock & Casey, 2011; Spaans et al., 2011). What makes a juvenile culpable? (Weithorn, 1982) Criminal Intent Consider consequences and abstract possibilities Two important things should be considered (Lexcen,2000) Adolescents with psychopathology Adults with similar pathology Mental state of arsonists (Rasanen, Hakko, & Vaisanen, 1995) How often are they likely to be criminally responsible? (Rasanen, Hirvenoja, Hakko, & Vaisanen, 1995) Mitigation of Criminal Responsibility Juveniles Fire setting behavior Under the age of 18
Developmental immaturity Adults Arson Over the age of 18 Level of maturity Juveniles and Adults Learning disability or low IQ Diminished understanding of crime, actions, and consequences Mental / medical illness directly responsible for the crime Extreme Duress/ Threat Conduct Disorder/ODD and Criminal Responsibility
There is little research on conduct disorder and criminal responsibility (Spaans, 2011; Sparr, 2009) Likely to be seen as responsible Some believe they should not be considered responsible Case law and state decisions for those with Antisocial Personality Disorder American Law Institute (ALI) Some states exclude APD Some states include APD PTSD and Criminal Responsibility Prevalence of PTSD in the courts (.3%) PTSD is a risk factor for aggressive and violent behavior Control in individuals with PTSD
PTSD in a forensic arena (Friel, White & Hull, 2008). (Friel, White & Hull, 2008; Sparr, 1996) (Lasko et al., 1994) Autism Spectrum and Criminal Responsibility Difficult to identify whether there is an over-representation of ASD amongst criminal offenders Youth with ASD were more likely to be diverted into pretrial interventions, less likely to be prosecuted than other youth (Cheely et al., 2012).
Two challenges in criminal investigations & proceedings (Freckelton, 2013) the capacity of a person with ASD to understand and communicate The impression of their behavior during interview and in court ADHD and Criminal Responsibility Prevalence of ADHD 3-5% of the General Adolescent Population (Porth, 2009) Antisocial Adolescent Samples 4% of Detained Adolescents 14-19% of Adjudicated Adolescents 20-72% of Incarcerated Adolescents (Vermeiren, 2003) 20-40% of Juvenile Firesetters (Rae, 2011) 2-5% of Adults 45% of Young Adult Prison Inmates (Rsler et al., 2004)
ADHD and Criminal Responsibility ADHD and decision making Executive Function Deficit (EFD) Working Memory Planning Is ADHD alone currently enough to impact criminal responsibility? Short answer: No However, there are exceptions Wisconsin Student Tennessee Student Decided Case by Case Importance of These Findings
Essentially these diagnoses could mitigate criminal responsibility, but it is a case by case basis This information can be used for treatment purposes as well as court considerations Treating these symptoms would lessen likelihood of fire setting behavior and court involvement More research is necessary References
Burrows, M., Reid, W.H. (2011). Psychiatric aspects of criminal responsibility: Insanity and mitigation. Law and Psychiatry, 17(6), 429-431. Cheely, C.A., Carpenter, L.A., Letourneau, E.J., Nicholas, J.S., Charles, J., King, L.B. (2012) The prevalence of youth with autism spectrum disorders in the criminal justice system. Journal of autism developmental disorders, 42 (9), 1856-1862. Bradley, A.R., Mazyer, R., Schefter, M., Olufs,C., Miller,J., & Laver, M. (2012). Juvenile competency and responsibility. Journal of Applied Social Psychology,42(10), 2411-2432. Bryan- Hancoc, C., Casey, S. (2011). Young people and the justice system: Consideration of maturity in criminal responsibility. Psychiatry. Psychology, and Law, 18(1), 69-78. Gomez de la Cuesta, G. (2010). A selective review of offending behaviour in individuals with autism spectrum disorders.
Journal of Learning Disabilities and Offending Behaviour, 1, 4758. Haskins, B. G., & Silva, J. A. (2006). Aspergers disorder and criminal behavior: Forensic-Psychiatric considerations. Journal of the American Academy of Psychiatry and the Law, 34, 374384. Howlin, P. (2004). Legal issues. In P. Howlin (Ed.), Autism and Asperger syndrome: Preparing for adulthood (2nd ed., pp. 300312). London/New York: Routledge. Langstrm, N., Grann, M., Ruchkin, V., Sjstedt, G., & Fazel, S. (2009). Risk factors for violent offending in autism spectrum disorder. A national study of hospitalized individuals. Journal of Interpersonal Violence, 24, 13581370. Rasanen, O., Hirvenoja, R., Hakko, H.,& Vaisanen, E. (1995). A study of the Finnish juvenile arsonists. Psychiatria Fennica, 26. 130-137. Rasanen, O., Hakko, H., & Vaisanen, E. (1995). The mental state of arsonists as determined by forensic psychiatric examinations. Bulletin of the American Academy of Psychiatry and the Law, 23(4), 547-553. Slovenko,R. (2009). Commentary: Personality disorders and criminal law. Journal of the American Academy of Psychiatry and that Law Online, 37 (2), 182-185. Let Us Meet Again
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