Deck 3: Prediction, Bail, and Tarasoff Duty

Question 1

When making a statistical prediction, the expert looks at

A) the normative behavior and characteristics of the individual only.
B) the normative and behavior characteristics of populations.
C) population density and sample size only
D) all of the above

Answer 1

the normative and behavior characteristics of populations.

Question 2

Research comparing statistical and clinical methods of risk assessment has typically shown that

A) statistical methods of prediction are more accurate than clinical methods.
B) statistical methods of prediction are less accurate than clinical methods.
C) there is no difference in accuracy between clinical and statistical methods.
D) none of the above

Answer 2

statistical methods of prediction are more accurate than clinical methods.

Question 3

The proportion of different kinds of errors made when predicting the "dangerousness" of an individual is affected by the base rate of a problem's occurrence. For example if you have a _______ base rate, false positives will be high even if the prediction technique is very accurate.

A) low
B) high
C) middle
D) negative

Answer 3

low

Question 4

In studies pertaining to the validity of predictions of violence among mentally ill people treated in psychiatric hospitals, it was shown that

A) predictive techniques classified subjects less accurately than if they had done so by flipping a coin.
B) predictive techniques classified subjects more accurately than if they had done so by flipping a coin.
C) the results of the studies were unclear and biased, and, therefore, no statement about accuracy can be made.
D) violence is never an issue with people with mental illness.

Question 5

Some problems with studies of risk assessment include

A) choice of criterion measures
B) choice and number of predictor variables
C) both A and B
D) there are no problems with risk assessment studies

Question 6

The purpose of bail is to

A) keep a balance in the U.S. jail system, preventing it from becoming overcrowded and ineffective.
B) to allow the defendant a small amount of time for his or her last days of freedom before going to trial and possibly to jail.
C) to balance the rights of the accused and society's need for peace and security during the period between arrest and trial.
D) to give the defendant an ample amount of time to find a decent lawyer and develop a defense.

Question 7

One bail device is a bondsman or a bondswoman. The role of this individual is

A) to pay the full bond to the court if the defendant fails to appear.
B) to make sure the defendant pays the bail money and if he or she doesn't, then to contact the appropriate authorities.
C) to monitor the defendant's behavior while out on bail and to make sure he or she does not leave the country.
D) none of the above

Question 8

Bail may be denied if

A) it is known by the court that the defendant cannot pay the bail amount by himself or herself.
B) if the defendant is accused of a crime in which punishment may include the death sentence.
C) if the defendant is not a U.S. citizen.
D) If the defendant has a prior arrest record.

Question 9

In 1974, the California Supreme Court ruled, in light of the Tarasoff case, that

A) mental health professionals are obligated to make a risk assessment of patients and if the professional thinks the patient is dangerous and a victim is identified, the mental health worker has an obligation to warn the intended victim.
B) mental health professionals bear no responsibility to individuals who are not in treatment with them.
C) mental health professionals are only responsible for informing a potential victim if they have documented proof that their patient will attack.
D) none of the above.

Question 10

One concerned raised by the outcome of the Tarasoff case was

A) the effect of the Tarasoff duty on therapists practices.
B) the unintended consequences to the potential victim (i.e., increased anxiety level, etc.).
C) that therapists could do everything "right" and still be accused of negligence.
D) all of the above.

Question 11

A false positive in a risk assessment for dangerousness

A) is predicting that the person will be dangerous when they are not.
B) is predicting that the person will be not dangerous when they are.
C) is being sure that despite prediction of the risk assessment tool, the person is dangerous.
D) applies only to the use of actuarial tools for predicting dangerousness.

Question 12

Risk management in the area of violence prediction is

A) making decisions to incarcerate persons based on their likelihood of future violence.
B) making decisions on who is to be most closely supervised upon their release to the community.
C) limiting the liability of the mental health provider by consulting with other mental health providers and criminal justice experts.
D) distributing the case load of probation and parole officers to insure that they have people in their case load who have relatively high and low risk for reoffense.

Question 13

Is the gain in public safety by detaining people thought to be dangerous great enough to justify the dollar and human costs of perhaps accidentally detaining someone who is not dangerous? Do you think there is reason for concern about racial and ethnic discrimination?

Question 14

What are some consequences of not making bail? What are some racial and class issues related to this and how are those who make bail treated in terms of receiving a conviction as opposed to those who can't make bail? Is this ethical? Why or why not?

Question 15

If an individual has a high re-arrest rate, do you think it is justifiable to deny him or her bail?

Question 16

What is a false positive, a false negative? How does the adjustment of a cutoff score affect the percentage of false positives and false negatives?

Question 17

What effect does base rate have on the prediction of future behaviors?

Question 18

What considerations do judges use in their setting of bail?

Question 19

What are static, dynamic, and environmental variables? On which type of variables do actuarial approaches usually rely?

Question 20

According to the Research Network on Mental Health and the Law, what problems have existed with past statistical attempts to assess risk of dangerousness among the mentally ill?

Question 21

According to research what , what actions do therapists take when faced with a possible Tarasoff threat situation?

Question 22

To formally label someone dangerous

A) has no consequence because it is only a label
B) may have serious consequences for that person's future
C) does not matter because predictions of dangerousness are inaccurate
D) matters because predictions of dangerousness are highly valid

Question 23

An expert making a clinical prediction

A) focuses in the distinctive features of the individual but doesn't weight each feature statistically
B) uses quantitative or actuarially defined statistical formulas to weight each variable precisely
C) relies primarily on unquantifiable intuition and gut feelings
D) always follows up to see whether the predictions were correct

Question 24

An expert may become a victim of an illusory correlation if he or she

A) remembers only the cases where his judgment was in error
B) carefully avoids following up predictions to avoid bias
C) remembers successful predictions but forgets cases where the predictions were in error
D) doesn't identify closely enough with the person about whom the prediction is made

Question 25

Predictions of dangerousness

A) may be statistically significant (better than chance), but have high error rates
B) have been improved greatly by newer, more powerful statistical methods
C) depend on the scientific development of new interview tools
D) are most helpful when the event to be predicted is rare

Question 26

It may be possible to improve predictions of dangerousness by including

A) static variables which do not change over time (e.g. past diagnosis of mental illness)
B) dynamic factors that do change (e.g. level of present anger)
C) a psychic in the evaluation team
D) a description by the victim of the person's appearance

Question 27

One issue in predicting dangerousness is that

A) the predictors may be so statistically reliable, they don't change from time to time
B) the type of dangerous act committed by a person is always the same
C) the predictors may not be equally valid for different criteria of dangerousness
D) the follow up period in the studies is rarely long enough to observe the person

Question 28

Risk management differs from prediction models

A) because under prediction we decide who to release into the community and who to keep incarcerated
B) because under risk management, we release no one into the community until we are certain the person is safe
C) under risk management we monitor on an ongoing basis, reassess frequently, and if possible provide ongoing treatment to a person in the community
D) a) and c) but not b)

Question 29

One characteristic of actuarial prediction models

A) is that despite their objectivity they may be racially discriminatory (racial profiling)
B) is that because of their objectivity they avoid racial discrimination
C) is that we can be less concerned about the loss of liberty because the objective restrictions are slight
D) is that they are less ethically troubling when used at an airport where the damage due to an error of prediction may be great.

Question 30

Under the Constitution, the purpose of bail is to

A) obtain money for the state to pay expenses of prosecution
B) release an arrested person in exchange for a guarantee that he or she will return at proper times for scheduled hearings and for trial
C) allow the state to further investigate an arrested person to find more evidence before trial
D) hold someone else responsible if the defendant failed to appear for trial

Question 31

Granting bail involves problems of prediction.:

A) to predict how much money will motivate a released defendant to appear for trial
B) to predict that the released person will not commit a crime if freed
C) only b) but not a)
D) both a) and b)

Question 32

Under the Constitution, the defendant

A) has an absolute right to bail
B) can be refused bail
C) the amount of bail that can be set is unlimited
D) bail is returned to the bail bondsman if the person fails to make an appearance

Question 33

The values behind granting bail include:

A) an accused person is innocent until proven guilty
B) a person should not be kept in jail because of an accusation that has not been proven
C) an accused person should be able to prepare a defense
D) all of the above

Question 34

The amount of bail that is set

A) has consequences for whether a person is actually released on bail
B) for poorer people is set higher than for wealthier people because poorer people are more likely to flee
C) for more serious offenses is about the same as for less serious offenses
D) seems to be irrational and subject mostly to judicial whim

Question 35

If a person cannot make bail, the consequences

A) are basically inconsequential
B) can include losing a job or an apartment
C) can include an inability to obtain a lawyer
D) can include a "vacation" in a pleasant, modern jail

Question 36

The Vera Institute Bail project demonstrated that

A) most of a random sample of those released without bail on their own promise to return failed to return
B) most of a carefully selected sample of those released on their own promise to return did make appearances as they promised
C) bail was unnecessary and had no function in the criminal justice system
D) only very high bail had any usefulness in inducing people to return for trial

Question 37

Bounty hunters

A) have to observe individual rights scrupulously because they are not ordinary police
B) have few legal constraints on what they can do because someone who fails to appear when freed on bail is considered an "escaped prisoner"
C) have to rely on local police to help them because they don't have the means to track and investigate people who have failed to appear
D) can't recapture fugitives from justice who failed to make appearances

Question 38

Because bail bondspersons who provide bail bonds have a strong financial interest in whether the person makes an appearance

A) they rely heavily on predictive instruments in deciding whether to give bail bonds
B) they are able to threaten those who fail to appear with bodily harm
C) they engage in a form of risk management by staying in close touch with their customers on bail
D) they make sure the profit margin is so high that they make money even if a third of their customers fail to make appearances

Question 39

The Tarasoff case was a malpractice suit, a tort action seeking monetary damages. In a tort action, the plaintiff (one bringing the suit) alleges that

A) the defendant violated a duty of care owed the plaintiff
B) the plaintiff was injured
C) the failure to meet the duty of care was the proximate or legal cause of the injury
D) all of the above

Question 40

The Tarasoff duty as the California Supreme Court held included

A) A duty to use reasonable care to protect the intended victim
B) a duty to first immediately hospitalize the person who threatened harm no matter the circumstances
C) a duty to provide police protection for all possible victims
D) a duty to keep careful and complete notes in case anything happened

Question 41

The Tarasoff decision revealed a difference in thinking between courts and mental health specialists subject to the rule. Courts are concerned

A) first about the political consequences of their decisions
B) about weighing and balancing values such as actions that attempt to save a life are more important than professional confidentiality
C) with the empirical consequences of the rules of law they develop
D) with the precision of the technology available to implement the decision

Question 42

Mental health professionals were concerned that the legal Tarazsoff duty woujld affect

A) the therapist because dangerousness cannot be predicted accurately
B) potential victims because warnings would increase anxiety but not necessarily safety
C) the therapeutic relationship and therapeutic practice
D) all of the above

Question 43

A majority of mental health professionals

A) agreed with the moral basis for the Tarasoff duty
B) disagreed with the moral basis for the Tarasoff duty
C) said they would ignore the Tarasoff duty and practice as they always had
D) believed that the protection of confidentiality was a more important ethical responsibility than warning a potential victim

Question 44

Under Tarasoff, mental health professionals have a duty to

A) be fully accurate in their predictions of dangerousness
B) meet professional standards in their methods for assessing dangerousness
C) avoid the hindsight bias
D) call in the secret service to help prevent violence to their patient

Question 45

Under Tarasoff, mental health professionals have a duty to take reasonable care to protect a specific potential victim from violence.

A) Research cited in the text shows that mental health professionals cannot agree on what is "reasonable care" in a particular case
B) Research cited in the text shows that mental health can agree on what is "reasonable care" in a particular case
C) Mental health professionals are so individually oriented that they object to the idea of a standard of reasonable care
D) Because potentially violent patients are so unpredictable in their behavior, mental health professionals cannot have any standard of reasonable care

Question 46

Giving a potential victim a warning

A) was successful in preventing violence from occurring in only a very small number of cases
B) was successful in preventing violence from occurring almost always
C) didn't affect the "base rate of violence in the population of people who made threats of violence
D) was reassuring to everyone concerned

Question 47

Jurors hearing a malpractice suit in a Tarasoff case know the plaintiff has been injured.

A) It doesn't matter because the hindsight bias is weak and easily overcome by instruction
B) The jurors may be less sympathetic to the plaintiff because they attribute responsibility to an injured person for his or her injury
C) It doesn't matter because a good lawyer can make a strong defense
D) It may create a hindsight bias with the juror more willing to attribute negligence to the defendant therapist simply because of the knowledge that an injury had occurred.