Criminal Psychology: Forensic Examination Protocols

By Brent E. Turvey and Aurelio Coronado Mares

Criminal Psychology: Forensic Examination Protocols is a compact practitioner’s guide to essential forensic concepts and protocols related to the evaluation and assessment of crime and criminals. The sections cover: Fundamentals, Understanding Criminal Behavior and Criminal Assessments.

Written for forensic criminologists and psychologists, this reference provides genuine insight into real criminal behaviors using real life casework to bridge theory and practice. This guide can also be used in the classroom.

• Contains concepts and protocols key to forensic investigation of crimes and criminals
• Real life casework, from forensic practitioners, will be featured prominently throughout to bridge theory and practice
• An essential guide written for forensic criminologists and psychologists

• Language: English
• Publisher: Academic Press
• Release date: Jun 29, 2022
• ISBN: 9780128141519

Brent E. Turvey

Brent Turvey, PhD is the author of Criminal Profiling: An Introduction to Behavioral Evidence Analysis, 1st, 2nd, 3rd and 4th Editions (1999, 2002, 2008, 2011); co- author of the Rape Investigation Handbook, 1st and 2nd Editions (2004, 2011), Crime Reconstruction 1st and 2nd Editions (2006, 2011), Forensic Victimology (2008) and Forensic Fraud (2013) - all with Elsevier Science. He hold an MS in Forensic Science and a PhD in Criminology. He is a full partner, Forensic Scientist, Criminal Profiler, and Instructor with Forensic Solutions, LLC, and The Forensic Criminology Institute. Dr. Turvey also maintains a caseload of femicides (e.g., sexual homicides, gender motivated homicides), pre-femicidal violence, trafficking, and human rights cases in Latin America. Many of these are related to drug trafficking and human trafficking. This involves the implementation of the UN Model Protocol for Femicide Investigation in Latin America, with The Forensic Criminology Institute’s Behavioral Science Lab (BSL). In operation since 2019, the BSL collaborates with USAID, The United Nations, and The Attorney Generals Office in Bogota DC, providing international support and training to attorneys , investigators and forensic professionals.

Book preview

9780128141519_FC

Criminal Psychology

Forensic Examination Protocols

First Edition

Brent E. Turvey, PhD

Forensic Criminologist Director, The Forensic Criminology Institute, Sitka, AK, United States

Senior Partner, Forensic Solutions, LLC, Sitka, AK, United States

Partner, The Behavioral Sciences Lab, Aguascalientes, Mexico

Aurelio Coronado, PhD

Forensic Psychologist Director, The Institute of Applied Science, Aguascalientes, Mexico

Partner, The Behavioral Sciences Lab, Aguascalientes, Mexico

Table of Contents

Cover

Title page

Copyright

Preface

Section I: Criminal Psychology—Redux

Chapter 1: An Introduction to Criminal Psychology: Terminology, Professionals, and Practice

Abstract

Criminal Psychology: Defined

The Human Rights Perspective

Criminal Psychology, Forensic Psychology, and Criminal Profiling: The Myth of Sameness

Summary/Conclusion

References

Chapter 2: Criminogenesis: Outdated Theories of Crime

Abstract

Criminogenesis: Terms, Definitions and the Importance of Context

Criminogenic Theory—Classical Perspectives

Useful Theories of Crime

Criminogenesis—Best Practices and Scientific Interpretations

Summary/Conclusion

References

Chapter 3: Criminal Profiling and Police Psychology: Critical Perspectives and Practice

Abstract

Introduction

Terms and Definitions

Real Qualifications: Fact, Fiction and the Godfather Effect

Current Trends: Police Psychologists

Current Trends: Criminal Profiling

Behavioral Evidence Analysis: Aims and Contexts

Courtroom Amissibility

The Future of Offender Profiling: The United Nations Femicide Protocols

Conclusion

References

Section II: Intersectionality

Chapter 4: Intersectionality: Understanding the Dimensions of Violence

Abstract

The Core: Violence, Vulnerability, and Intersectionality

Approaches and Techniques: Best Scientific Practice When Examining Violence

Summary/Conclusion

References

Chapter 5: False Narratives: Violence, Mental Illness, and Addiction

Abstract

Violent Connections

Drugs and Violence

Violence and Mental Illness

Forensic Perspectives: The Examiner and the Courts

Summary/Conclusion

References

Chapter 6: The Psychology of Lies: Deconstructing the Truth About Deception

Abstract

Lies and Lying

Cognitive Bias and Gullibility

Types of Lies

Motivations

Lies in the Service of Criminal Investigation

Lying About Lie Detection

Summary

References

Chapter 7: Intimate Violence and Femicide: An Intersectional Approach

Abstract

Intimate Partner Violence: A Typology

The Spiral of Violence

Femicide: Definition and Origins

Femicide and Impunity

Mariana Lima Buendia

The United Nations: A Model Protocol

Yovanna Yaneth Torres Briseño

Summary

Appendix A

References

Chapter 8: Serial Murder: An Intersectional Approach

Abstract

Serial Murder—Defined

Media and Myths

The Spiral of Violence: New Depths

Summary

References

Chapter 9: Crime Prevention: An Introduction to Constrained Context Theory

Abstract

Crime Prevention: Basic Terms and Definitions

Law Enforcement and Crime Prevention Myths

Prevention Measures That Work

Constrained Context Theory

Summary

References

Section III: Forensic Assessments

Chapter 10: Forensic Mental Health Assessments: Sourcing Best Practices

Abstract

Different Kinds of Psychology

The Forensic Assessment: Best Practices

The Forensic Assessment: Malingering

Summary

References

Chapter 11: Integrated Forensic Assessments: Crime Scene Analysis and Criminal Profiling

Abstract

Forensic Reports: A Brief Discussion of Purpose

Integrated Forensic Assessments

Crime Scene Analysis

Criminal Profiling

Crime Scene Analysis and Criminal Profiling

Summary

Appendix A

Appendix B

References

Chapter 12: Integrated Forensic Assessments: Evaluating Cases of Sexual Assault

Abstract

The Gender Perspective

The Context of Consent

Types of Consent

The Assessment of Consent

Understanding Myths About Rape and Sexual Assault

Sexual Assault Assessments: Case Examples

Summary

Appendix A

Appendix B

References

Chapter 13: Integrated Forensic Assessments: Evaluating Allegations of Torture

Abstract

Defining Torture

Coercive Interrogation v. Torture

Behaviors Constituting Torture

Prevalence

The Role of the Forensic Examiner

Forensic Protocols for the Mental Health Professional

Conclusion

References

Chapter 14: Oklahoma v. Elvis Thacker: Evaluating Victimology, Victim Sexual Assault Evidence, Suspect Torture by Law Enforcement, and the Quality of a Forensic Investigation

Abstract

The Plea and the Confession

The Evidence, the Confession, and Suspect Torture

Appendix A

Appendix B

Appendix C

References

Index

Copyright

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Preface

Aurelio Coronado

Psychologists have a long history of approaching the problem of crime from the perspective of the offender. They want to know how the criminal thinks, the criminal’s developmental story, and how this fits within the narrative of the criminal’s psychopathology. This is useful because it satisfies the needs of the legal process, which demands attention to internal cognitive processes such as motivation and intent.

However, we now understand that none of these is discernible without an understanding and evaluation of context. This requires a new perspective: one that is intersectional and transdisciplinary. It also requires understanding the victim in the same dimensional terms.

The approach we present in this work is part of our enduring commitment to the concept of integrating perspectives. Understanding the vantage point of the examiner and how it can alter, or simply filter, what is being examined is crucial to preventing bias. In our approach, the nature of our gaze must be considered just as important as the methodology or competence of the examiner.

In fact, we would argue that the technical part of case examination is completely subordinate to the positions taken by the examiner during the process of assessment. Of course, this approach embraces empathy and the importance of considering the vulnerability of those persons and contexts being examined. However, it also reveals the nature and limitations of the examiner—what they can and cannot see from immovable positions, fixed by their own cultural and institutional structures.

The intention of this work is to deliberately dismantle the limited and often mythological narratives about crime and criminality that have too long endured in the absence of good scientific practice. Criminals are not some unique species of subhuman. They arise from obvious conditions and contexts that the justice system is often incapable of seeing, or ideologically unwilling to acknowledge. Criminality is a complex and nuanced phenomenon.

In order to make good on our intentions, we need reliable knowledge and tools capable of the task. Specifically, we need the ability to identify and interpret the different moving parts of crime to establish how they interact. This means ridding ourselves of discredited ideologies: there are no criminal types, there are no perfect victims, and neither can be understood outside of history and context.

We are not focused on a checklist of necessary steps related to specific evaluations. This is far too clinical and limiting. As a consequence, our approach may appear radical to those unfamiliar with the related scientific literature.

Crime, it is understood, cannot be reduced to a recipe of essential ingredients. Each case is different. Each case must be investigated and evaluated as its own universe of people, histories, contexts, and connections.

This text provides readers with the core scientific constructs necessary to approach actual casework. It does not provide step-by-step instructions. Instead, it offers a means by which to escape false narratives and explore crime using transdisciplinary language and ideas.

In the end, this work is firmly rooted in the integrated forensic construct of Behavioral Evidence Analysis¹ while also necessitating a human rights perspective. It provides a bridge between the needs of the justice system and the knowledge that must come from the scientific community in order to be of reliable service. Human rights are entirely dependent on the constitutional promise of due process, and the implied due diligence of forensic examiners. It is our sincerest hope that this effort takes us further down that path, providing readers with the ability to conduct their research and casework with a greater depth of understanding about criminals and victims of crime.

Crime is not simple, nor does it arise from a single source. Again, crime is history and memory and context. If we do not have the language to see it, we can never fully understand it. We begin from this premise.

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¹Behavioral Evidence Analysis is a specific form of criminal profiling methodology.

Section I

Criminal Psychology—Redux

Chapter 1: An Introduction to Criminal Psychology: Terminology, Professionals, and Practice

Brent E. Turvey; Aurelio Coronado

Abstract

Criminal Psychology is an intensely popular concept that has been both commercialized and abused by the media, within popular culture, and consequently by academic researchers. Criminal Psychology is a transdisciplinary area of scientific research related to the application of psychological research and theory to the assessment of criminological phenomenon. These phenomena generally fall into the following categories: criminality, the criminal, the victim, and the crime. Criminal Psychology is a place where psychology, criminology, and victimology can intersect with their respective intersectional literature base to develop a deeper and more sensitive understanding of how crime is both perpetrated and perpetuated.

There remains great confusion and misinformation in the academic community regarding the relationship between Criminal Psychology, Forensic Psychology, and Criminal Profiling. These subjects are treated as though they are the same, or as though these terms may even be used as synonyms to describe the same professionals or areas of professional practice. This is, however, false. Not all Criminal Psychology refers to the practice of Forensic Psychology or Criminal Profiling—because it is an area study as opposed to an area of forensic practice. Specifically, Forensic Psychologists may be referred to as existing within a subspecialty of Criminal Psychology, and Criminal Profilers may be said to integrate information and lessons found within both Criminal Psychology and Forensic Psychology.

Keywords

Criminality; The criminal; The victim; The crime; Criminal psychology; Popular culture; Media; Criminogenic contexts; Institutional violence; Structural violence; Intersectionality; Vulnerability; Human rights perspective; Due diligence; Evidence integrity; Negligence; Forensic psychology; Criminal profiling

Criminal Psychology is an intensely popular concept that has been both commercialized and abused by the media, within popular culture, and consequently by academic researchers. An explanation is warranted. The media¹ adopts concepts and terminology that are appealing to broad audiences (e.g., forensic science, criminal profiling, and criminal psychology). Then it repackages them for mass consumption in a way that those without access to veritable knowledge can enjoy. These are general concepts that the media do not fully understand, which are then heavily commercialized to tell fictional stories that people will buy (e.g., FBI exceptionalism, the savant detective, crime scene technicians with immediate touch DNA testing abilities, or advanced crime-fighting technology in the form of ultrapowerful databases and related 3D holography). Popular Culture² embraces these commercialized narratives, and academic researchers seeking broad appeal regurgitate them for lack of access to actual cases and the resulting dearth of applied comprehension. It is part of a fiction that we embrace because it tells a story that we want to believe, despite the fact that none of it is true.

This is most evident in the literature related to what is colloquially described as criminal psychology. It’s almost impossible to read a professional text or article on related subjects without being immediately confronted by references to iconic heroes or villains (typically fictional, again signaling a lack of real case knowledge). They are sourced authoritatively, however awkwardly, to gain the readers’ interest. Popular figures like Sherlock Holmes, Dirty Harry, Hannibal Lector, Jeffrey Dahmer, and Ted Bundy. These fictional characters are predictably cited to create the assurance that the author is going to convey a related insight into the criminal mind, when it is merely a commercial effort. An attempt to create some kind of link between the author and what popular culture views as criminal psychology, or the related practice of criminal profiling.

This is where we begin our effort—with the need to undo the commercialization of Criminal Psychology and related fields of study, and the resulting impact on associated professional communities. We acknowledge the need to define criminal psychology as not a job title or a discrete profession, as many degree programs would sell it, but as a transdisciplinary area of study intersecting with multiple professions. With the need to evaluate and conceptualize the practical applications of Criminal Psychology within investigative and forensic casework, undertaken as a feature within a variety of different forensic assessments. That is the purpose of this work, and the primary intention of the authors—by first deconstructing myths and bad practices.

Criminal Psychology: Defined

Criminal Psychology is a transdisciplinary area of scientific research related to the application of psychological research and theory to the assessment of criminological phenomenon.³ These phenomena generally fall into the following categories: criminality, the criminal, the victim, and the crime. Criminal Psychology is a place where psychology, sociology, criminology, and victimology can intersect with their respective intersectional foundation in the literature. This in order to develop a deeper and more sensitive understanding of how crime is both perpetrated and perpetuated.

The term Criminal Psychology can also imply investigative and forensic applications—though not necessarily. It generally addresses legal questions and other issues before the court or within other legal contexts, though often without a clear awareness of related scientific or legal requirements. To be clear, the forensic applications of Criminal Psychology are the primary focus of this work.

Criminality

With respect to criminality, this is a reference to the study of theoretical models and variables related to understanding crime rates within a certain region during a particular historical time frame. This is generally accomplished through the development of statistical databases and modeling; the study of crime trends prevention; and the tracking of related public policies. However, it can also refer to individual criminal propensity within a given culture, region, or system of justice. We may refer to general criminality within a geographic area or we may refer to an individual’s criminal tendencies within a given system or structure.

This includes research into a wide variety of subjects such as criminogenic contexts and trauma; institutional and structural violence; and the roles of poverty, mental health, gender, class, and race. As explained in Haney (2020, p. 4): A more contemporary and sophisticated understanding of criminal behavior carefully analyzes the past social histories and immediate situations or contexts of the persons who engage in it. This new, scientifically grounded approach represents an important, definitive challenge to the antiquated, individualistic notions that have guided our thinking about crime and punishment for such a long time. As this new model of criminal behavior becomes widely recognized and accepted, its implications for legal decision-making and criminal justice policy-making will become clearer. The authors could not agree more. The scientific integration of these historical social contexts and paradigms is viewed as essential to the maturation of applied Criminal Psychology and related case assessments.

The Criminal

With respect to the criminal, this is a reference to examining behavioral evidence related to a specific offender, in order to understand the different choices that they made and any potential motives—as already mentioned in the prior discussion of criminality. It involves the collection and examination of modus operandi evidence across one or more cases. It also includes the development and exploration of hypotheses about the social and biological aspects of their actions. This requires both a contemporary and historical lens, and cannot be done without an appreciation of context.

The study of criminal offenders has long been controversial, primarily because researchers and the general public have a desire to oversimplify the complex narrative of crime, and because of a related desire to cast violent crime as something foreign to the human condition. As explained in Reid (2011, p. 1):

The search for the criminal personality or super trait has captured both the minds and imaginations of academics and the wider community (Caspi et al., 1994). Partly, this is due to a stubborn aversion to the notion that normal, regular people rape, murder, or molest children (Barlow, 1990). Secondly, there is a desire for simple, straightforward answers (Bartol, 1991). In spite of this enduring popularity of personality theory, criminologists have hotly disputed the relevance of personality within the study of criminology for several decades (Andrews and Wormith, 1989; Brown, 2006; Caspi et al., 1994; Gibbons, 1989).

As will be demonstrated in this text, avoiding the search for a unified theory of criminal personality is a key element to the advancement of Criminal Psychology as a scientific discipline. These tend to be political, often racist or classist, and designed to promote a particular set of beliefs or social agendas. Embracing the need for a transdisciplinary perspective to the examination of criminal contexts and motives is the most viable scientific approach. Only with the assistance of the other scientific disciplines that are also working under the umbrella of Criminal Psychology, we can hope to understand why certain choices are made by the offender and why certain victims are targeted.

The Victim

With respect to the victim, this can be a reference to examining behavioral and psychosocial evidence related to a specific victim group (nomothetic study), or to a specific victim in a particular case (ideographic analysis). It involves the development and exploration of hypotheses about the social, biological, and contextual aspects of their selection by the offender. As with offenders, this requires both a contemporary and historical lens, and it is inadequate without an appreciation of context.

Understanding the victim means investigating and integrating many concepts, including but not limited to institutional and structural violence; intersectionality and vulnerability (e.g., poverty, mental health, gender, class, and race); and the human rights perspective.

The Crime

With respect to crime, this is a reference to evaluating individual cases in the performance of a comprehensive forensic assessment. This involves conducting an examination of specific sets of evidence within a specific (ideographic) criminal event, creating and filing a forensic report, and participating in legal proceedings as either a trial consultant or an expert forensic witness. These forensic assessments, when done from a human rights perspective, will naturally incorporate research and information developed in relation to criminality, the criminal, and the victim.

This includes (but again is not limited to) the following specialized areas of forensic assessment: those conducted by forensic investigators (e.g., crime scene investigation and forensic interviewing; see Coronado et al., 2017; Crowder and Turvey, 2017; Turvey, 2013); those conducted by forensic scientists (e.g., wound pattern analysis, medicolegal investigations, and crime reconstruction; see Chisum and Turvey, 2012); those conducted by forensic criminologists (e.g., crime scene analysis and criminal profiling; see Coronado and Turvey, 2022, and Turvey, 2022); and those conducted by forensic psychologists (e.g., competency assessments, torture evaluations, and psychological autopsies; see Coronado and Turvey, 2022; Turvey, 2022). Specialized forensic assessments which more routinely integrate research from the field of Criminal Psychology will be presented and discussed throughout this work.

The Human Rights Perspective

It is indisputable that we live in an unequal and unjust world. It has been made so by the imposition of ideologies that hold one group apart as more or less deserving of their human rights. This is continuously evident, as oppression has been justified by the dehumanization of certain nationalities, cultural and sexual differences, gender identities, disabilities, mental illnesses, and the racialization of skin color. Every society chooses a lesser class or group to oppress and/or exploit—and those with agency accept it, if only tacitly, in order to continue enjoying the benefits of that oppression. Therefore, we cannot assume that a neutral perspective can explain violence in any society unless it originated with neutrality. The examination of crime demands more from us. It demands that examinations be based on reality, not beneficial rationalizations.

Therefore, the authors will approach the subject of Criminal Psychology with a human rights perspective. Though not common enough in any justice system, this approach is a necessary part of all investigative and forensic efforts. A short discussion is imperative, as the human rights concept is foreign to many students and professionals.

All forensic assessments require an evaluation of the nature and quality of the underlying forensic investigations. Such integrity checks are a critical scientific requirement, necessary to reliably establish that due diligence by state agencies has resulted in a showing of evidence integrity,⁴ and an absence of negligence.⁵ They also accommodate the legal notion that every complainant, every witness, and every suspect has the right to access justice. This necessitates a competent investigation into the essential elements and evidence associated with criminal complaints.⁶

These collective scientific obligations mandate that all forensic examiners have a responsibility to perform their examinations and assessments competently, with attention to due diligence, in order to prevent the violation of victim and suspect rights.⁷

The human rights perspective is, therefore, an approach to casework that is obligatory for ethical scientists practicing in every nation around the world. Even in the United States. Specifically, it requires forensic examiners to establish not only what crimes have occurred, but the nature of the harm that has been caused, and in precisely what relational contexts. Especially when it involves victims in a protected or otherwise vulnerable class. The approach is explained by the United Nations (2020)⁸:

The equal and inalienable rights of all human beings provide the foundation for freedom, justice and peace in the world, according to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948. Achieving equality and dignity of all also underpins the Programme of Action of the International Conference on Population and Development (ICPD), which guides our work.

Prioritizing the application of human rights principles became a cornerstone of UN reform efforts initiated in 1997. UNFPA was one of the agencies that in 2003 adopted the UN Common Understanding on a Human-Rights-Based Approach (HRBA) to Development Cooperation, which clarifies how human rights standards and principles should be put into practice in programming.

The human rights-based approach focuses on those who are most marginalized, excluded or discriminated against. This often requires an analysis of gender norms, different forms of discrimination and power imbalances to ensure that interventions reach the most marginalized segments of the population.

The human rights perspective requires an approach to scientific forensic practice that involves using forensic tools and methods capable of discerning the dimensional complexity of crime. It also mandates identifying and addressing imbalances of power and agency between the state, victims of crime, and criminal defendants. This perspective is consistent with international investigative and forensic standards, which the reader will find referenced throughout this work. It also represents scientific and forensic best practices.

Criminal Psychology, Forensic Psychology, and Criminal Profiling: The Myth of Sameness

As mentioned at the beginning of this chapter, there is a great confusion and misinformation in the academic community regarding the relationship between Criminal Psychology, Forensic Psychology, and Criminal Profiling. These subjects are treated as though they are the same, or as though these terms may even be used as synonyms to describe the same professionals or areas of professional practice. This is false.

Criminal Psychology is a transdisciplinary field of study, encompassing related areas of victimology, sociology, criminology, and psychology. While it is generally scientific with respect to its approach and context, it is not always concerned with the examination of physical or behavioral evidence in particular cases. It is also not universally engaged in or for the purposes of addressing investigative or legal issues. Only those related to the aforementioned criminological phenomenon.

For the purposes of comparison, criminal psychology may be contextually conceptualized with the following formula:

si1_e

As an inclusive area of study intersecting with multiple professions, it is not a reference to a specific professional practice or assessment.

Forensic Psychology is the application of psychological knowledge and theory to legal questions, using both psychosocial evidence and instrumental measures. It is a specific form of applied criminal psychology. For the purposes of comparison, it may be contextually conceptualized with the following formula:

si2_e

As a specific forensic discipline, forensic psychology necessarily holds the requirement of report writing and potential expert testimony in legal contexts.

Criminal Profiling, in a scientific context, is the development of offender traits and characteristics using the integration of physical evidence, behavioral evidence, victimological evidence, psychosocial evidence, criminological knowledge, and psychological knowledge. This is generally referred to as Behavioral Evidence Analysis (BEA), and it is distinguished by virtue of the application of the scientific method to ensure investigative relevance and court-worthiness. It is the intersection of forensic criminology, and the behavioral and contextual evidence developed by forensic psychologists.

For the purposes of comparison, it may be contextually conceptualized with the following formula:

si3_e

As an investigative/forensic discipline, criminal profiling necessarily holds the requirement of report writing and potential expert testimony in legal contexts.

The differences between these areas of research and practice, once fully appreciated, are impossible to misunderstand or ignore. Forensic Psychologists may be referred to as Criminal Psychologists. Criminal Profilers may be said to integrate the lessons of Criminal Psychology. But not all Criminal Psychology refers to the practice of Forensic Psychology or Criminal Profiling—though related research may be integrated within the reports and findings generated by either. As the reader progresses through the chapters of this text, the relationships and differences will become clear through the lens of applied casework.

Summary/Conclusion

Criminal Psychology is an intensely popular concept that has been both commercialized and abused by the media, within popular culture, and consequently by academic researchers. Criminal Psychology is a transdisciplinary area of scientific research related to the application of psychological research and theory to the assessment of criminological phenomenon.⁹ These phenomena generally fall into the following categories: criminality, the criminal, the victim, and the crime. Criminal Psychology is a place where psychology, criminology, and victimology can intersect with their respective intersectional literature base to develop a deeper and more sensitive understanding of how crime is both perpetrated and perpetuated.

There remains great confusion and misinformation in the academic community regarding the relationship between Criminal Psychology, Forensic Psychology, and Criminal Profiling. These subjects are treated as though they are the same, or as though these terms may even be used as synonyms to describe the same professionals or areas of professional practice. This is, however, false. Not all Criminal Psychology refers to the practice of Forensic Psychology or Criminal Profiling—because it is an area study as opposed to an area of forensic practice. Specifically, Forensic Psychologists may be referred to as existing within a subspecialty of Criminal Psychology, and Criminal Profilers may be said to integrate information and lessons found within both Criminal Psychology and Forensic Psychology.

References

Bay, 2008 Bay N. Old blood, bad blood, and youngblood: due process, lost evidence, and the limits of bad faith. Wash. Univ. Law Rev. 2008;86(2):241–311.

Chisum and Turvey, 2012 Chisum W.J., Turvey B. Crime Reconstruction. second ed. San Diego: Elsevier Science; 2012.

Coronado and Turvey, 2022 Coronado A., Turvey B. Forensic Victimology. third ed. San Diego: Elsevier Science; 2022.

Coronado et al., 2017 Coronado A., Savino J., Turvey B. False Allegations: Investigative and Forensic Issues in Fraudulent Reports. San Diego: Elsevier Science; 2017.

Crowder and Turvey, 2017 Crowder S., Turvey B. Forensic Investigation. San Diego: Elsevier Science; 2017.

Gardenier, 2011 Gardenier J. Data integrity is earned, not given. Off. Res. Integr. Newsl. 2011;19(3):3.

Haney, 2020 Haney C. Criminality in Context: The Psychological Foundations of Criminal Justice Reform. The American Psychological Association; 2020. pp. 3–13 https://doi.org/10.1037/0000172-001.

Reid, 2011 Reid J. Crime and personality: personality theory and criminality examined. Inq. J. 2011;3(1):1.

Sweet v. Sisters of Providence, 1995 Sweet v. Sisters of Providence. Supreme Court of the State of Alaska, 895 P 2d 484, March 12. 1995.

Turvey, 2013 Turvey B. Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct. San Diego: Elsevier Science; 2013.

Turvey, 2022 Turvey B. Criminal Profiling: An Introduction to Behavioral Evidence Analysis. fifth ed. London: Elsevier Science; 2022.

UN, 2020 UN. The Human Rights-Based Approach. United Nations Population Fund (UNFPA); 2020. website; https://www.unfpa.org/human-rights-based-approach (UNFPA is the United Nations sexual and reproductive health agency).

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¹Media is an umbrella term that includes news media, books of every kind, television, film, and social media.

²Popular culture is the heuristic system of practices, beliefs, and objects of admiration or derision which represent the most broadly shared values within a given societal structure. Who is a celebrity at a given moment and who is not. Who is a villain at a given moment and who is not. Buzz words and language trends. The latest fashion and tech. The most discussed films, or the most binge-worthy series. Popular culture is created by, inspired by, and/or shared via all manner of media—predominately social media in the modern age.

³ As explained by the American Psychological Association, the field of Psychology is the study of the mind and behavior. There are many different areas of psychological specialty. Some psychologists are involved in diagnosis, treatment, or various forms of patient-oriented therapy. However, other areas of psychology are more concerned with the development of research, or the application of psychological knowledge within different forensic, social, and environmental contexts.

⁴Evidence integrity refers to the reliability and court-worthiness of any evidence that has been collected. It is demonstrated by adherence to basic protocols associated with establishing a reliable chain of custody, the protection of physical evidence while it is in custody, and its competent testing and interpretation by qualified forensic personnel. It also refers to any failure to collect, protect, and/or test essential items of evidence. In a scientific examination, evidence integrity may not be assumed—rather it must be established. Otherwise reliable interpretations are not possible. See Bay (2008), Gardenier (2011), Turvey (2013), and Sweet v. Sisters of Providence (1995).

⁵Negligence refers to the failure to follow basic practice standards and protocols, resulting in a breach of a professional’s duty of care. It can imply negligent action, as well as the failure to act. This is especially true when the duty to take action is clearly outlined by established policies and protocols.

⁶ Access to justice is a basic right for all complainants and is solely the responsibility of the State. The response of the State to criminal complaints, or lack thereof, establishes the abilities and limitations set for the complainant in this regard. In the State of California, related rights are explicitly and implicitly detailed in The California Constitution. See ARTICLE I—DECLARATION OF RIGHTS [SECTIONS 1–32]. In specific, Section 4 states, These rights encompass the expectation shared with all of the people of California that persons who commit felonious acts causing injury to innocent victims will be appropriately and thoroughly investigated…. The United States Constitution also has a Due Process requirement, a result which necessitates a thorough and competent investigation. These Constitutional declarations establish that thorough and competent investigations by the State are both a State and Federal right.

⁷ It is understood that until a thorough and competent investigation has taken place, it is not possible to know whether a crime has actually occurred, or who precisely is the victim.

⁸UN (2020) The Human Rights-Based Approach United Nations Population Fund (UNFPA), website; https://www.unfpa.org/human-rights-based-approach (UNFPA is the United Nations sexual and reproductive health agency).

⁹ See footnote 3.

Chapter 2: Criminogenesis: Outdated Theories of Crime

Brent E. Turvey; Aurelio Coronado

Abstract

Criminogenesis refers to the origins of criminal behavior or the causes of crime. Traditionally it is discussed in terms of whether a criminal is born or made, and criminality is then framed as an individual preference or propensity. However, the origins of crime, and the genesis of criminal behavior, are far more complicated than this.

Criminogenic factors are those which can increase the occurrence of crime by virtue of causing or encouraging individual criminality. This has led many psychologists and criminologists on a search for what are generally referred to as criminogenic risk factors (i.e., major changeable risk factors for criminal behavior) (Prins et al., 2015, p. 177). The exploration of criminogenesis requires a discussion of criminogenic environments, structures, and systems; the role of character; contextual risk factors and the impact of over-policing; Routine Activity Theory, Differential Association, Strain Theory, and Role Strain; and consideration of criminogenic laws, policies, and practices.

In order to address the problem of criminogenesis from a more comprehensive criminological and psychological perspective, in terms of best scientific practice, interpretations of information and evidence should lean heavily towards the psychosocial. In this approach, individual criminals can be viewed as active agents—but within contexts that they cannot always control or understand, and under circumstances that predetermine the limits of their range.

The authors have found that the most useful technique for the collection and examination of psychosocial evidence and contexts is the Feminist Ecological Model. It is referenced by The United Nations in relation to cases of femicide. However, it has been effectively applied in all manner of cases, as will be demonstrated throughout this work.

Keywords

Criminogenesis; Criminogenic factors; Criminogenic environments; Criminogenic structures; Criminogenic systems; Routine activity theory; Differential Association; Strain theory; Role strain

Criminogenesis refers to the origins of criminal behavior or the causes of crime. Traditionally it is discussed in terms of whether a criminal is born or made, and criminality is then framed as an individual preference or propensity. These are oversimplified choices—fabricated by those who are not really interested in understanding what crime is or how it is produced. Choices are offered by those who think they already have the answer. The origins of crime, and the genesis of criminal behavior, are far more complicated than this.

The problem is the language we have been given and then repeated. It has been a biased lens through which to converse, and therefore faulty. It has allowed only a narrow view of false choices, none of which seek depth. It is also, importantly, is a vocabulary enforced by the State, its institutions, and its agents. To include those working in the justice system.

The language of criminality has been carefully written to avoid context, to create a narrative that primarily explores personal weakness and individual responsibility. In this model of criminal explanations, individuals are heaped with the majority of the blame for their actions—as though all conditions are equal, and as though there are always good options. This is a desirable approach because it allows The State and society to avoid accountability for any contributory negligence, including environmental and historical causes. It allows the characterization of the criminal as the other—being less worthy of human sympathy and having less value as a human being. This in turn facilitates a putative approach.

Punishment-oriented approaches to crime arguably respond to the consequences of violence and trauma with more of the same. They do not attempt to source the full contributory dimensions of the crime problem. Criminals must be held to account, and justice must be done always. This is the responsibility of a lawful society. However, society must also identify and work to eliminate factors that tend to produce criminals.

In this chapter, we will discuss criminality in terms that are more complex than traditional criminology has required. This is because the crime problem is both enormous and enormously nuanced (Gentithes, 2021, p. 142). We will begin with essential definitions and related theories, and then we will discuss outdated or classical approaches. This will lead to a discussion of useful theories of crime, with discussions and enhancement when necessary. We will close the chapter with a discussion of best practices.

Criminogenesis: Terms, Definitions and the Importance of Context

Criminogenesis, as mentioned, refers to the causes of crime and the origins of criminal behavior. Consequently, Criminogenic factors are those which can increase the occurrence of crime by virtue of causing or encouraging individual criminality. This has led many psychologists and criminologists on a search for what are generally referred to as criminogenic risk factors (i.e., major changeable risk factors for criminal behavior) (Prins et al., 2015, p. 177). In this section, we will discuss criminogenic environments, structures, systems; the role of character; contextual risk factors and the impact of over-policing; Routine Activity Theory, Differential Association, Strain Theory, and Role Strain; and close with examples of criminogenic laws, policies, and practices.

Criminogenic Environments, Structures, Systems

Criminogenesis requires a criminogenic environment, which in turn creates criminogenic structures over time, and can lead to criminogenic systems. Any existing social or institutional structure, and its related systems, can be criminogenic—the police, the military, the courts, political parties, and even agencies intended to