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Sunday, May 1, 2011

Pathologies of Attachment, Violence, and Criminality

Pathologies of Attachment, Violence, and Criminality
Interpersonal violence most frequently occurs between those who know one another. However, rates are still higher for a subcategory of people: those who are attached or bonded to one another. Meloy (1992) described the nature of these “violent attachments,” identifying a group of individuals at risk for acts of violence against those with whom they have intense or sexual relationships. J. Reid Meloy focuses on the relationship among attachment, violence, and criminality. He reviews the origins of attachment theory and considers the psychobiology of attachment. Meloy places pathologies of attachment in historical perspective and describes the relationship between this attachment and interpartner violence. He suggests new avenues of forensic psychological research, including stalking behavior, which he has described as an old behavior but a new crime (Meloy, 1999).

Violence Risk Assessment
Despite the U.S. Supreme Court’s decision in Barefoot . Estelle (1983) that clinical predictions of violence could not be made with an acceptable degree of reliability, the Court indicated that to prevent such testimony was “like asking us to disinvent the wheel.” In both the civil and criminal legal systems, courts frequently consider risk of future violence in the decision-making process. Questions regarding orders of protection, involuntary commitment, parental child abuse, transfers of juveniles to adult court, sex offenders transferred to civil commitment status, and mitigation and aggravation in death penalty cases are but a few of the areas relying on violence risk assessment. John Monahan describes the relevance of violence risk assessment to the legal system and how such evidence is legally evaluated. He contrasts clinical and actuarial risk assessment and then reviews instruments developed specifically to evaluate risk of violence. He summarizes those risk factors found to be related to the occurrence of violence as identified in the MacArthur Violence Risk Assessment Study (Monahan et al., 2001; Steadman et al., 2000). Monahan addresses the issue of the relationship between clinical and actuarial risk assessment in formulating opinions and explains how such opinions should be communicated.

Emerging Directions
Forensic psychologists and attorneys are beginning to recognize the potential influence that forensic psychological research and practice could have on public policy and the law. In the final section of this volume, the interdependence
between psychology and law is explored. Psychologists are encouraged to take a more active role in familiarizing themselves with case law and the legal system and improving the quality of services they offer to the law. They are urged to advise legislators about what psychologists can and cannot validly assess and to attempt to influence legislation and public policy. In addition, it is recognized that the law, public policy, and psychology have a direct impact on those they serve and affect. Legal decision making may have a profound influence on the mental health of all parties in civil and criminal litigation. The final chapter in this volume describes ways in which forensic psychology can encourage judges and attorneys to promote the emotional well-being of parties in legal cases while minimizing the law’s negative effects on overall psychological functioning.

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