Neal, Tess

The Sixth Amendment guarantees defendants the right to trial by an impartial jury. Attorneys are expected to obtain information about potential juror biases and then deselect biased jurors. Social networking sites may offer useful information about potential jurors. Although some attorneys and trial consultants have begun searching online sources for information about jurors, the privacy rights of potential jurors’ online content has yet to be defined by case law. Two studies explored the issue of possible intrusion into juror privacy. First, an active jury venire was searched for online content. Information was found for 36% of the jurors; however, 94% of the information was found through simple Google searches. Only 6% of the information we found was unique to other sites. We concluded that searching for potential jurors online is feasible, but that systematically searching sites other than Google is generally not an effective search strategy. In our second study we surveyed attorneys, trial consultants, law students, and undergraduate students about ethical and privacy issues in the use of public domain information for jury selection. Participants evidenced concern about the rights of jurors, the rights of the defendant and accuser, and the role of tradition in court processes.

We used archival data to examine the predictive validity of a pre-release violence risk assessment battery over six years at a forensic hospital (N=230, 100% male, 63.0% African-American, 34.3% Caucasian). Examining “real world” forensic decision-making is important for illuminating potential areas for improvement. The battery included the Historical-Clinical-Risk Management-20, Psychopathy Checklist-Revised, Schedule of Imagined Violence, and Novaco Anger Scale and Provocation Inventory. Three outcome “recidivism” variables included contact violence, contact & threatened violence, and any reason for hospital return. Results indicated measures of general violence risk and psychopathy were highly correlated but weakly associated with reports of imagined violence and a measure of anger. Measures of imagined violence and anger were correlated with one another. Receiver Operating Characteristic curve analyses revealed, unexpectedly, that none of the scales or subscales predicted recidivism better than chance. Multiple regression indicated the battery failed to account for recidivism outcomes. We conclude by discussing three possible explanations, including timing of assessments, controlled versus field studies, and recidivism base rates.

Prisoners sentenced to death must be competent for execution before they can actually be executed (Ford v. Wainwright, 1986). The decision for many mental health professionals whether to conduct competence for execution evaluations may be fraught with complex ethical issues. Mental health professionals who do not personally support capital punishment may have a particularly difficult decision to make in this regard but should seriously consider the consequences of their decisions. This article applies Bush, Connell, and Denney’s (2006) eight-step ethical decision-making model to the ethicality of deciding to or abstaining from conducting competence for execution evaluations. This article does not propose what decisions an individual evaluator should make regarding this work, but rather presents a systematic guide for mental health professionals (particularly those who do not support capital punishment) to consider.