Criminal Code and Risk Assessment

(Originally written on April 2, 2003)

Risk Assessment means that you have hired Dr. Jon Parsons Friel, “forensic examiner in psychology” to determine the suitability of your client(s) for consideration, conditional or otherwise, from the Court, National Parole Board, Immigration Board or some other Quasi Judicial Review Board including Workmen’s Compensation Board, Military Tribunal, Labour Board, Social Service Appeal Board and others.

There are as many types of Risk Assessments as there are people on the planet but there are two themes that flow through all risk assessment for all people which concern malingering and public safety and security.

Medical Discharge

These require a determination of psychological factors which superseded the admission of quilt.

By example: someone who has had 9 Driving While Intoxicated convictions may be suffering from depression and using alcohol as medication. The court needs to understand the psychological implications of this mental health issue against the numerous convictions.

Bail Hearings

The person is in custody and the court requires assurance that the person will not be a danger to our public safety and security.

By example: someone who has committed homicide and claims they are innocent but the crown is unwilling to review for bail. The court requires assurance that there are psychosocial factors that support the notion that the individual will not be a threat to the specific people and the public in general.

Life 25 Judicial Review

The person has been sentenced to life 25 and at the 15 year mark would like to discuss the privilege of parole with the National Parole Board but needs the permission of the jury of his/her peers.

By example: the judge and jury require an understanding of the biopsychosocial factors that lead up to the homicide. Occasionally, there is other data that must be under forensic review such as the court documents and victim impact statements. They also require and understanding of the treatment effects on the person. As well they require an understanding of the probability of why the crime will not happen again.

Sex Offenders – Juvenile

Juveniles male or female who commit sex crimes generally do not go on to commit such crimes as adults.

By example: the risk assessment of juvenile offenders requires a forensic examination which understands child and adolescent development and young adult development and the accompanying sexual development and how this effects treatment and reintegration or in other words the juvenile’s rehabilitation.

Sex Offenders – Adult

Adult sex offenders generally commit certain types of sex crimes such as non weapon sex assault, sex assault with a weapon, and incest.

Be example: besides understanding the criminology and psychology involved in the actual crime there is an even stronger need to assess the penology and its treatment programs and how they can be assessed against the community based reintegration plan for rehabilitation.

Assault Causing Bodily Harm – Juvenile

Juvenile males and females do commit violence against one and another but the motivation is somewhat different than from adults as their world view is not as grand.

By example: Grade nine males and females may fight over the opposite sex or over a negative remark towards a friend or even towards one’s school or it could be a personal insult or perhaps they were over dosed on illicit drugs and alcohol. This type of risk assessment requires an understanding of child and adolescent development along with treatment programs and their individual effect such as anger management or addictions programs.

Homicide

a. Homicide – Juvenile

Homicide in the juvenile population is more rare than homicide in the adult population. Finding people with the real time experience and training with such offenders such as Dr. Jon Parsons Friel is the more difficult issue.

By example: A male or female juvenile who commits matricide, patricide, or fratricide or homicide against an unknown person is very uncommon and hence the forensic examination in psychology is more complex as there are few generalities or specifics that can be inferred about the crime and juvenile and the case takes on the flavour of the “book of the month club” as new and interesting biopsychosocial features emerge about the case.

b. Homicide – Adult

Homicide in the adult population is rare. Generally the statistical view of adult homicide presents as: about 75% of the males killing their girlfriends, or spouses. Of the remaining about 25% about less than 1% are mob hit men, less than1% are paranoid schizophrenics, less than 1% are zealots for a cause such as abortion, less than 1% are females whom kill their spouses and less than 1% are serial sexual killers and less than 1% are serial killers, and less than 1% are child molesters who kill and the others make up uncommon encounters and other disputes where alcohol and drugs are a generally a factor.

Civil Matters

a. Assessment for Civil Matters

Similar to the risk assessments civil matter assessments are as varied as we have people on this planet. There is a common theme found within all civil assessments and that is the notion of malingering. General public safety and security may not be paramount but it is not uncommon for a specific portion of the public to require specific safety and security such as in custody children and adolescents, or people who through not fault of their own find themselves in unfavourable circumstances such as new immigrants or those in government or non government institutions. Civil matters also include personal injury by way of car accidents, falls, and gunshot wounds.

b. Personal Injury

Personal injury common in North America. Broken bones or internal head wounds with their observed behaviours are noticeable to the courts. The other personal injuries are found in the psychosocial aspects of personal injury are not so readily understood by the general public or their lawyers or the courts.

By example: in a car accident there are two adults in the front and two children 10 and 8 in the back. There is a t bone collision on the passenger side. There is broken bone and head trauma to the passenger. Three months later the 10 year old begins to visualize things and have out of body experiences. This may or may not Post traumatic Stress Disorder. But, if the child is not thought part of the traumatic event of living through a car accident and seeing their parent injured they may be forgotten and have adolescent problems and no one knows why.

This type of civil assessment is complex and includes assessing child and adolescent development and the event coupled with making a judgment about their future.