Forensic psychology is the intersection between
psychologyPsychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
and the criminal justice system. It involves understanding criminal law in the relevant jurisdictions in order to be able to interact appropriately with
judgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s,
attorneysA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and other legal professionals. An important aspect of forensic psychology is the ability to
testifyIn law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
in court, reformulating psychological findings into the legal language of the courtroom, providing information to legal personnel in a way that can be understood. Further, in order to be a
credible witnessIn the law of evidence, a credible witness is a person making testimony in a court or other tribunal, or acting otherwise as a witness, whose credibility is unimpeachable. A witness may have more or less credibility, or no credibility at all...
, for example in the United States, the forensic psychologist must understand the philosophy, rules and standards of the American judicial system. Primary is an understanding of the
adversarial systemThe adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...
. There are also rules about hearsay evidence and most importantly, the
exclusionary ruleThe exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
. Lack of a firm grasp of these procedures will result in the forensic psychologist losing
credibilityCredibility refers to the objective and subjective components of the believability of a source or message.Traditionally, modern, credibility has two key components: trustworthiness and expertise, which both have objective and subjective components. Trustworthiness is based more on subjective...
in the courtroom.
Forensic psychology is the intersection between
psychologyPsychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
and the criminal justice system. It involves understanding criminal law in the relevant jurisdictions in order to be able to interact appropriately with
judgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s,
attorneysA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and other legal professionals. An important aspect of forensic psychology is the ability to
testifyIn law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
in court, reformulating psychological findings into the legal language of the courtroom, providing information to legal personnel in a way that can be understood. Further, in order to be a
credible witnessIn the law of evidence, a credible witness is a person making testimony in a court or other tribunal, or acting otherwise as a witness, whose credibility is unimpeachable. A witness may have more or less credibility, or no credibility at all...
, for example in the United States, the forensic psychologist must understand the philosophy, rules and standards of the American judicial system. Primary is an understanding of the
adversarial systemThe adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...
. There are also rules about hearsay evidence and most importantly, the
exclusionary ruleThe exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
. Lack of a firm grasp of these procedures will result in the forensic psychologist losing
credibilityCredibility refers to the objective and subjective components of the believability of a source or message.Traditionally, modern, credibility has two key components: trustworthiness and expertise, which both have objective and subjective components. Trustworthiness is based more on subjective...
in the courtroom.
A forensic psychologist can be trained in clinical, social, organizational or any other branch of psychology. In the United States, the salient issue is the designation by the court as an
expert witnessAn expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
by training, experience or both by the judge. Generally, a forensic psychologist is designated as an expert in a particular jurisdiction. The number of jurisdictions in which a forensic psychologist qualifies as an expert increases with experience and reputation.
Questions asked by the court of a forensic psychologist are generally not questions regarding psychology but are legal questions and the response must be in language the court understands. For example, a forensic psychologist is frequently appointed by the court to assess a defendant's
competencyIn the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process....
to stand trial. The court also frequently appoints a forensic psychologist to assess the state of mind of the defendant at the time of the offense. This is referred to as an evaluation of the defendant's sanity or insanity (which relates to
criminal responsibilityMens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
) at the time of the offense. These are not primarily psychological questions but rather legal ones. Thus, a forensic psychologist must be able to translate psychological information into a legal framework.
Forensic psychologists provide sentencing recommendations, treatment recommendations, and any other information the judge requests, such as information regarding
mitigating factorA mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
s, assessment of future risk, and evaluation of witness credibility. Forensic psychology also involves training and evaluating police or other law enforcement personnel, providing law enforcement with criminal profiles and in other ways working with police departments. Forensic psychologists work both with the Public Defender, the States Attorney, and private attorneys. Forensic psychologists may also help with jury selection.
Distinction between forensic and therapeutic evaluation
A forensic psychologist's interactions with and ethical responsibilities to the client differ widely from those of a psychologist dealing with a client in a clinical setting.
- Scope. Rather than the broad set of issues a psychologist addresses in a clinical setting, a forensic psychologist addresses a narrowly defined set of events or interactions of a nonclinical nature.
- Importance of client's perspective. A clinician places primary importance on understanding the client's unique point of view, while the forensic psychologist is interested in accuracy, and the client's viewpoint is secondary.
- Voluntariness. Usually in a clinical setting a psychologist is dealing with a voluntary client. A forensic psychologist evaluates clients by order of a judge or at the behest of an attorney.
- Autonomy. Voluntary clients have more latitude and autonomy regarding the assessment's objectives. Any assessment usually takes their concerns into account. The objectives of a forensic examination are confined by the applicable statutes or common law elements that pertain to the legal issue in question.
- Threats to validity. While the client and therapist are working toward a common goal, although unconscious distortion may occur, in the forensic context there is a substantially greater likelihood of intentional and conscious distortion.
- Relationship and dynamics. Therapeutic interactions work toward developing a trusting, empathic therapeutic alliance, a forensic psychologist may not ethically nurture the client or act in a "helping" role, as the forensic evaluator had divided loyalties and there are substantial limits on confidentiality he can guarantee the client. A forensic evaluator must always be aware of manipulation in the adversary context of a legal setting. These concerns mandate an emotional distance that is unlike a therapeutic interaction.
- Pace and setting. Unlike therapeutic interactions which may be guided by many factors, the forensic setting with its court schedules, limited resources, and other external factors, place great time constraints on the evaluation without opportunities for reevaluation. The forensic examiner focuses on the importance of accuracy and the finality of legal dispositions.
Forensic psychology practice
The forensic psychologist views the client or defendant from a different point of view than does a traditional clinical psychologist. Seeing the situation from the client's point of view or "empathizing" is not the forensic psychologist's task. Traditional psychological tests and interview procedure are not sufficient when applied to the forensic situation. In forensic evaluations, it is important to assess the consistency of factual information across multiple sources. Forensic evaluators must be able to provide the source on which any information is based. Unlike more traditional applications of clinical psychology, informed consent is not required when the assessment is ordered by the court. Instead, the defendant simply needs to be notified regarding the purpose of the evaluation and the fact that he or she will have no control over how the information obtained is used. While psychologists infrequently have to be concerned about malingering or feigning illness in a non-criminal clinical setting, a forensic psychologist must be able to recognize exaggerated or faked symptoms. Malingering exists on a continuum so the forensic psychologist must be skilled in recognizing varying degrees of feigned symptoms.
Forensic psychologists perform a wide range of tasks within the criminal justice system. By far the largest is that of preparing for and providing testimony in the court room. This task has become increasingly difficult as attorneys have become sophisticated at undermining
psychological testimony.
Forensic Psychologist must assure that the convict has the competency to stand trial and the competency to be sentenced. They use empirical observation such as researched, the replication of data in order to have a general idea and create a profile. We call those "criminal profiling" and they are guidelines set by forensic psychologist who has worked with many prison convict in order to gather enough information to use.
Evaluating the client, preparing for testimony, and the testimony itself require the forensic psychologist to have a firm grasp of the law and the legal situation at issue in the courtroom, using the
Crime Classification ManualCrime Classification Manual: A Standard System for Investigating and Classifying Violent Crimes is a text on the classification of violent crimes by John E. Douglas, Ann W. Burgess, Allen G. Burgess and Robert K...
and other sources. This knowledge must be integrated with the psychological information obtained from testing, psychological and mental status exams, and appropriate assessment of background materials, such as police reports, prior psychiatric or psychological evaluations, medical records and other available pertinent information.
Malingering
An overriding issue in any type of forensic assessment is the issue of malingering and deception. A defendant may be intentionally faking a mental illness or may be exaggerating the degree of symptomatology. The forensic psychologist must always keep this possibility in mind. It is important if malingering is suspected to observe the defendant in other settings as it is difficult to maintain false symptoms consistently over time. In some cases, the court views malingering or feigning illness as obstruction of justice and sentences the defendant accordingly. In
United States v. BinionUnited States v. Binion, 132 F. App'x 89 , is a case in which the United States Court of Appeals for the Eighth Circuit applied two recent U.S. Supreme Court decisions United States v. Binion, 132 F. App'x 89 (8th Cir. 2005), is a case in which the United States Court of Appeals for the Eighth...
, malingering or feigning illness during a competency evaluation was held to be
obstruction of justiceThe crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
and led to an enhanced sentence. As such, fabricating mental illness in a competency-to-stand-trial assessment now can be raised to enhance the sentencing level following a guilty plea.
Competency evaluations
If there is a question of the accused's
competencyIn the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process....
to stand trial, a forensic psychologist is appointed by the court to examine and assess the individual. The individual may be in custody or may have been released on bail. Based on the forensic assessment, a recommendation is made to the court whether or not the defendant is competent to proceed to trial. If the defendant is considered incompetent to proceed, the report or testimony will include recommendations for the interim period during which an attempt at restoring the individual's competency to understand the court and legal proceedings, as well as participate appropriately in their defense will be made. Often, this is an issue of committed, on the advice of a forensic psychologist, to a psychiatric treatment facility until such time as the individual is deemed competent.
As a result of
Ford v. WainwrightFord v. Wainwright, ', was the case in which the United States Supreme Court upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be...
, a case by a
FloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
inmate on
death rowDeath row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
that was brought before the
Supreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, forensic psychologists are appointed to assess the competency of an inmate to be executed in death penalty cases.
Sanity evaluations
The forensic psychologist may also be appointed by the court to evaluate the defendant's state of mind at the time of the offense. These are defendants who the judge, prosecutor or public defender believe, through personal interaction with the defendant or through reading the police report, may have been significantly impaired at the time of the offense. In other situations, the defense attorney may decide to have the defendant plead not guilty by reason of insanity. In this case, usually the court appoints forensic evaluators and the defense may hire their own forensic expert. In actual practice, this is rarely a plea in a trial. Usually any judgments about the defendant's state of mind at the time of the offense are made by the court before the trial process begins.
Sentence mitigation
Even in situations where the defendant's mental disorder does not meet the criteria for a not guilty by reason of insanity defense, the defendant's state of mind at the time, as well as relevant past history of mental disorder and psychological abuse can be used to attempt a mitigation of sentence. The forensic psychologist's evaluation and report is an important element in presenting evidence for sentence mitigation. In
Hamblin v. Mitchell, 335 F.3d 482 (6th Cir. 2003), the Sixth Circuit Court of Appeals reversed the decision of a lower court because counsel did not thoroughly investigate the defendant's mental history in preparation for the sentencing phase of the trial. Specifically, the court stated that such investigation should include members of the defendant's immediate and extended family, medical history, and family and social history (including physical and mental abuse, domestic violence, exposure to traumatic events and criminal violence). This issue was further addressed in
Wiggins v. SmithWiggins v. Smith, is a case in which the United States Supreme Court spelled out standards for "effectiveness" in the constitutional right to legal counsel guaranteed by the Sixth Amendment...
and
Bigby v. DretkeBigby v. Dretke 402 F.3d 551 , the U.S. Court of Appeals for the Fifth Circuit heard a case appealed from the United States District Court for the Northern District of Texas on the issue of the instructions given to a jury in death penalty sentencing...
.
Other evaluations
Forensic psychologists are frequently asked to make an assessment of an individual's dangerousness or risk of re-offending. They may provide information and recommendations necessary for sentencing purposes, grants of probation, and the formulation of conditions of parole, which often involves an assessment of the offender's ability to be rehabilitated. They are also asked questions of witness credibility and malingering. Occasionally, they may also provide criminal profiles to law enforcement.
Due to the Supreme Court decision upholding involuntary commitment laws for predatory sex offenders in
Kansas v. HendricksKansas v. Hendricks is a case in which U.S. Supreme Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.-Fact of case:...
, it is likely that forensic psychologists will become involved in making recommendations in individual cases of end-of-sentence civil commitment decisions.
Ethical implications
A forensic psychologist generally practices within the confines of the courtroom, incarceration facilities, and other legal setting. It is important to remember that the forensic psychologist is equally likely to be testifying for the prosecution as for the defense attorney. A forensic psychologist does not take a side, as do the psychologists described below.
The ethical standards for a forensic psychologist differ from those of a clinical psychologist or other practicing psychologist because the forensic psychologist is not an advocate for the client and nothing the client says is guaranteed to be kept confidential. This makes evaluation of the client difficult, as the forensic psychologist needs and wants to obtain all information while it is often not in the client's best interest to provide it. The client has no control over how that information is used. Despite the signing of a waiver of confidentiality, most clients do not realize the nature of the evaluative situation. Furthermore, the interview techniques differ from those typical of a clinical psychologist and require an understanding of the criminal mind and criminal and violent behavior. For example, even indicating to a defendant being interviewed that an effort will be made to get the defendant professional help may be grounds for excluding the expert's testimony.
In addition, the forensic psychologist deals with a range of clients unlike those of the average practicing psychologist. Because the client base is by and large criminal, the forensic psychologist is immersed in an abnormal world. As such, the population evaluated by the forensic psychologist is heavily weighted with specific personality disorders.
The typical grounds for malpractice suits also apply to the forensic psychologist, such as wrongful commitment, inadequate informed consent, duty and breach of duty, and standards of care issues. Some situations are more clear cut for the forensic psychologist. The duty to warn, which is mandated by many states, is generally not a problem because the client or defendant has already signed a release of information, unless the victim is not clearly identified and the issue of the identifiability of the victim arises. However, in general the forensic psychologist is less likely to encounter malpractice suits than a clinical psychologist. The forensic psychologist does have some additional professional liability issues. As mentioned above, confidentiality in a forensic setting is more complicated that in a clinical setting as the client or defendant is apt to misinterpret the limits of confidentiality despite being warned and signing a release.
See also
- Applied psychology
The basic premise of applied psychology is the use of psychological principles and theories to overcome problems in other areas, such as mental health, business management, education, health, product design, ergonomics, and law...
- Ultimate issue
An ultimate issue in criminal law is a legal issue at stake in the prosecution of a crime for which an expert witness is providing testimony.-Example:...
- Forensic psychiatry
Forensic psychiatry is a sub-speciality of psychiatry and an auxiliar science of criminology. It encompasses the interface between law and psychiatry...
- Settled insanity
Settled insanity is defined as a permanent or "settled" condition caused by long-term substance abuse and differs from the temporary state of intoxication...
- Dusky v. United States
Dusky v. United States, , is a landmark decision affirming a defendant's right to have a competency evaluation before proceding to trial. In this case, the court outlined the basic standards for determining competency....
- Archuleta v. Hedrick
Archuleta v. Hedrick, 365 F.3d 644 was a pro se petition for a writ of habeas corpus filed in the U.S. Court of Appeals for the Eighth Circuit in October 2002, appealing the dismissal of a case brought by defendant Benjamin Archuleta...
- United States v. Binion
United States v. Binion, 132 F. App'x 89 , is a case in which the United States Court of Appeals for the Eighth Circuit applied two recent U.S. Supreme Court decisions United States v. Binion, 132 F. App'x 89 (8th Cir. 2005), is a case in which the United States Court of Appeals for the Eighth...
- Competency evaluation (law)
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process....
- Chris Hatcher, Ph.D.
Chris Hatcher, Ph.D., was a clinical psychologist at the University of California at San Francisco who was an expert in police and forensic psychology. He dedicated his professional life to the study of violence and its prevention. He died unexpectedly at the age of 52.-Workplace violence:Dr...
- Criminal profiler
- Theodore H. Blau
Theodore H. Blau was a noted clinical, police and forensic psychologist who was the first clinician in independent practice to be elected president of the American Psychological Association in 1977. He was a prolific writer and wrote, among other books and articles, a well known book on...
- policePolice psychology is a specialized field of psychology addressing issues specific to police personnel and other public safety workers.-Police psychologists:...
and forensicForensic science is the application of a broad spectrum of sciences to answer questions of interest to a legal system. This may be in relation to a crime or a civil action...
psychologist
- Elements of a crime
- Twinkie defense
"Twinkie defense" is a derisive label for an improbable legal defense. It is not a recognized legal defense in jurisprudence, but a catchall term coined by reporters during their coverage of the trial of defendant Dan White for the murders of San Francisco city supervisor Harvey Milk and mayor...
- United States Supreme Court cases involving Mental Health
The U.S. Supreme Court has issued numerous rulings regarding mental health and how society treats and regards the mentally ill. While some rulings applied very narrowly, perhaps to only one individual, other cases have had great influence over wide areas....
Further reading
- Adler, J. R. (Ed.). (2004). Forensic Psychology: Concepts, debates and practice. Cullompton: Willan.
- Bartol, C. R., & Bartol, A. M. (1999). History of Forensic Psychology. In A. K. Hess & Irving B. Weiner
Irving B. Weiner ia an American psychologist and past president of Division 12 of the American Psychological Association. He is the author and editor of many books on psychology.-Biography:...
(Eds.), Handbook of Forensic Psychology (2nd ed.). London: John Wiley and Sons.
- Blackburn, R. (1996). ? Legal and Criminological Psychology. 1996 Feb; Vol 1(Part 1) 3-16 .
- Dalby, J. T. (1997) Applications of Psychology in the Law Practice: A guide to relevant issues, practices and theories. Chicago: American Bar Association. ISBN 0-8493-0811-9
- Davis, J. A. (2001). Stalking crimes and victim protection. CRC Press. 538 pages. ISBN 0-8493-0811-9. (hbk.)
- Duntley, J. D., & Shackelford, T. K. (2006). Toward an evolutionary forensic psychology. Social Biology, 51, 161-165. Full text
- Gudjonsson, G. (1991). Forensic psychology - the first century. Journal of forensic psychiatry, 2(2), 129.
- G.H. Gudjonsson and Lionel Haward: Forensic Psychology. A guide to practice. (1998) ISBN 0-415-13291-6 (pbk.), ISBN 0-415-13290-8 (hbk.)
- Ogloff, J. R. P., & Finkelman, D. (1999). Psychology and Law: An Overview. In R. Roesch, S. D. Hart, & J. R. P. Ogloff (Eds.), Psychology and Law the State of the Discipline . New York: Springer. ISBN 0-306-45950-7
- Ribner, N.G.(2002). California School of Professional Psychology Handbook of Juvenile Forensic Psychology. Jossey-Bass. ISBN 0-7879-5948-0
External links