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Research ArticleRegular Articles

Application and Utility of Psychodynamic Principles in Forensic Assessment

Eugene F. Simopoulos and Bruce Cohen
Journal of the American Academy of Psychiatry and the Law Online December 2015, 43 (4) 428-437;
Eugene F. Simopoulos
Dr. Simopoulos is Staff Psychiatrist, Acute Forensic Unit, Western State Hospital, Staunton, VA, and Assistant Clinical Professor of Psychiatry, University of Virginia, Charlottesville, VA. He is also Director of Mental Health at the Albemarie-Charlottesville Regional Jail, Charlottesville, VA. Dr. Cohen is Associate Professor, Department of Psychiatry and Neurobehavioral Sciences, The University of Virginia Health System, and Director, Forensic Psychiatry Residency Program, The Institute of Law, Psychiatry, and Public Policy, University of Virginia, Charlottesville, VA.
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Bruce Cohen
Dr. Simopoulos is Staff Psychiatrist, Acute Forensic Unit, Western State Hospital, Staunton, VA, and Assistant Clinical Professor of Psychiatry, University of Virginia, Charlottesville, VA. He is also Director of Mental Health at the Albemarie-Charlottesville Regional Jail, Charlottesville, VA. Dr. Cohen is Associate Professor, Department of Psychiatry and Neurobehavioral Sciences, The University of Virginia Health System, and Director, Forensic Psychiatry Residency Program, The Institute of Law, Psychiatry, and Public Policy, University of Virginia, Charlottesville, VA.
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    Figure 1.

    Defense Mechanisms in the Forensic Population–Adapted from Protter and Travin.22

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    Figure 2.

    Four Types of Countertransference Response Sets–Adapted from Protter and Travin.22

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    Table 1

    Hierarchy of Defense Mechanisms–Adapted from Vaillant6

    Level I (pathological)
    1. Delusional projection: delusions about external reality, usually of a persecutory type; includes the perception of one's own feelings in others and then acting on the perception

    2. Denial: denial of external reality

    3. Distortion: reshaping external reality to accommodate inner needs

    Level II (immature)
    1. Projection: attributing one's own feelings to others

    2. Schizoid fantasy: tendency to use fantasy to resolve conflict; may be associated with global avoidance of interpersonal intimacy

    3. Hypochondriasis: transformation of reproach or aggressive impulses toward others into complaints of pain and somatic illness

    4. Passive-aggressive behavior: indirect expression of aggression toward others through passivity and masochism

    5. Acting out: direct expression of an unconscious impulse or wish in order to avoid awareness of affect that accompanies it

    Level III (neurotic)
    1. Intellectualization: thinking about instinctual wishes in affectively bland terms, paying attention to irrelevant detail to avoid expression of inner feelings

    2. Repression: an unconscious process in which the expression and perception of instincts and feelings are prevented

    3. Displacement: redirection of feelings toward a less cared for person or situation than those arousing feelings

    4. Reaction formation: enacting behavior or exhibiting affect that opposes an impulse

    5. Dissociation: temporary, drastic modification of personal identity to avoid emotional distress

    Level IV (mature)
    1. Altruism: vicarious gratification of impulses through service to others

    2. Humor: expression of feelings without personal discomfort and unpleasant effect on others

    3. Suppression: conscious diversion of attention from conflict

    4. Anticipation: goal-directed planning for future inner discomfort

    5. Sublimation: modification and direction of acknowledged impulses toward more appropriate activities

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    Table 2

    The Forensic Evaluation Process

    ProceduresGoalsRelevant General and Psychodynamic Concepts and Questions
    Preparation for a caseInitial consult with attorney(s), court-systemDetermine basic nature of the case and medico-legal questionDetermination of qualifications to provide forensic assistance
    Request all appropriate documentation and collateral dataDetermine whether referral to another forensic specialist is warrantedDiscuss fee arrangement
    Countertransference: examine initial reactions to the case
    Bias: given initial reactions, is impartiality feasible or would personal vulnerabilities and opinions impede objectivity?
    Data collectionInterview with the evalueeObtain a full psychiatric databaseTransference: how is the evaluee interacting? How does his current interactional style reflect his developmental history? Does he appear forthcoming or withholding?
    Interview with any collateral sources where appropriateEnsure that sufficient data are available to answer medicolegal questionCountertransference: what is my emotional response to the evaluee (anger, empathy, fear)? Is this a response to projected emotions, or is it idiosyncratic? Do I feel safe? Do I have unusually strong positive or negative feelings toward an evaluee? Is my interview with the evaluee deviating from my baseline or characteristic approach?
    Review documentation and request additional information if warrantedDevelopmental history: does the evaluee's narrative contain past loss, abuse, or psychological trauma? If so, how do these factors affect risk assessment?
    Characteristics of the ego: strengths and weaknesses, defense mechanisms, relationship to superego
    Quality of object relations: family and intimate relations
    Characteristics of the self: self-esteem and self-cohesiveness, self-boundaries
    Data analysisAnalysis of interview dataEnsure that focus remains on legal point in questionCountertransference: does the gathered data reflect a balanced approach to the case? Did I gather or include information that might disconfirm my impression of an evaluee?
    Seek supervision if needed
    Forensic reportSynthesis of the dataProvide a logical, integrated and objective assessmentDetermine whether recommendations and clinical impressions reflect all data obtained during an interview
    Discuss findings with consulting attorneyEnsure availability for expert testimonyIdentify and acknowledge possible discrepancies or conflicting information that might alter report conclusions
    Forensic testimonyPresentation of the dataAssist the trier of fact in applying psychiatric expertise to a legal questionDetermine whether a psychodynamic understanding of the case at hand assists the trier of fact in explaining a defendant's behavior
    Provide formulation of the offense in a clear and coherent manner, without use of jargonEducate court about relevant mental health concerns, including psychodynamic concepts, if relevantUnderstand limitations and challenges of presenting psychodynamic concepts in court
    Anticipate challenges to testimony in cross-examination; acknowledge limitations of dataCountertransference: internal response to attorneys, judge and other court personnel in the courtroom; screen for signs of overinvestment in the case (e.g. remaining in court after testimony is complete)
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Journal of the American Academy of Psychiatry and the Law Online: 43 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 43, Issue 4
1 Dec 2015
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Application and Utility of Psychodynamic Principles in Forensic Assessment
Eugene F. Simopoulos, Bruce Cohen
Journal of the American Academy of Psychiatry and the Law Online Dec 2015, 43 (4) 428-437;

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Eugene F. Simopoulos, Bruce Cohen
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