Wednesday, October 25, 2006

Tests can't reveal a pedophile

Evidence of Penile Plethysmography,
Psychological Profiles, Inventories and
Other "Not a Pedophile" Character and
Opinion Evidence Offered on Behalf
of a Defendant in a Child Sexual Abuse
Case is Inadmissible Under
Daubert v. Merrell Dow Pharmaceutical


By Susan K. Smith, Atty.*
Copyright ©1998 Susan K. Smith, Atty. All rights reserved.

Abstract: The memorandum reviews the standard of admissibility for scientific evidence as set forth in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S. Ct. 2786, 125 L.Ed.2d 469 (1993) and adopted in State v. Porter, 241 Conn. 57, 698 A.2d 739 (1997). The memorandum reviews the evidence offered by the defendant in a civil child sexual abuse and argues that the defense expert's conclusions that the defendant is "not a pedophile" based on the results of a sexual behaviors assessment is inadmissible under Daubert. The author argues that the evidence should be excluded either due to a lack of scientific reliability of the tests in the diagnostic context (penile plethysmography), or for a failure to meet Daubert's "fit" requirement (i.e. MMPI-2 might be scientifically valid but lacks correlation to diagnosis of pedophilia). The memorandum quotes the scientific literature extensively and collects the known cases precluding the admission of penile plethysmography evidence in legal proceedings. The author also argues that the evidence should be excluded as impermissible character evidence. You can continue reading this legal brief here

Narcissistic personality disorder (NPD) is a personality disorder that is characterized by extreme feelings of self-importance, a high need for admiration, and a lack of empathy. NPD can be considered as a pathological form of narcissism. It is estimated that 0.7-1% of the general population are afflicted with NPD. Most people with NPD (50-75%, according to the DSM) are men.
http://en.wikipedia.org/wiki/Narcissistic_personality_disorder

Persons with this disorder present severely overly-inflated feelings of self-worth, grandiosity, and superiority over others. Persons with narcissistic personality disorder often exploit others who fail to admire them, and are overly sensitive to criticism, judgment, and defeat.
http://www.frankfordhospitals.org/healthinfo/adult/mentalhealth/glossary.html#N

NPD & Child Custody

A parent diagnosed with full-fledged Narcissistic Personality Disorder (NPD) should be denied custody and be granted only restricted rights of visitation under *supervision.*

Narcissists accord the same treatment to children and adults. They regard both as sources of narcissistic supply, mere instruments of gratification - idealize them at first and then devalue them in favour of alternative, safer and more subservient, sources. Such treatment is traumatic and can have long-lasting emotional effects.
The narcissist's inability to acknowledge and abide by the personal boundaries set by others puts the child at heightened risk of abuse - verbal, emotional, physical, and, often, sexual. His possessiveness and panoply of indiscriminate negative emotions - transformations of aggression, such as rage and envy - hinder his ability to act as a "good enough" parent. His propensities for reckless behaviour, substance abuse, and sexual deviance endanger the child's welfare, or even his or her life. (The Narcissist and His Family FAQ #22 - By: Dr. Sam Vaknin http://samvak.tripod.com/faq22.html)

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