Forensic Psychology - Wikipedia
Forensic Psychology - Wikipedia
Forensic Psychology - Wikipedia
Forensic psychology is the practice of psychology applied to the law. Forensic psychology is the
application of scientific knowledge and methods to help answer legal questions arising in
criminal, civil, contractual, or other judicial proceedings.[1][2][3] Forensic psychology includes
research on various psychology-law topics, such as jury selection, reducing systemic racism in
criminal law, eyewitness testimony, evaluating competency to stand trial, or assessing military
veterans for service-connected disability compensation.[4] The American Psychological
Association's Specialty Guidelines for Forensic Psychologists reference several psychology
subdisciplines, such as social, clinical, experimental, counseling, and neuropsychology.[5]
History
As early as the 19th century, criminal profiling began to emerge, with the Jack the Ripper case
being the first instance of criminal profiling, by forensic doctor and surgeon Thomas Bond.[6] In
the first decade of the 20th century, Hugo Münsterberg, the first director of Harvard's
psychological laboratory and a student of Wilhelm Wundt, one of the first experimental
psychologists,[2][7] authored On the Witness Stand.[2][8] In the publication, Münsterberg attempted
to demonstrate how psychological research could be applied in legal proceedings.[9] Sigmund
Freud also discussed how psychopathological processes play a role in criminal behavior.[2] Other
significant early figures in forensic psychology include Lightner Witmer, and William Healy.[10]
In 1917, the lie detector was invented by the psychologist William Marston.[11][12] Six years after
its invention, Marston brought his lie detector to court in the case of Frye v. United States at the
request of James A. Frye's attorneys, who hoped Marston's device would prove their client's
innocence. The results were not deemed admissible, due to lie detection not being widely
accepted in the scientific community. This led to the creation of the Frye standard, which states
scientific evidence is only admissible when it has prominent standing within the scientific
community.[13]
The 1954 case of Brown v. Board of Education of Topeka,[14] was the first where the Supreme
Court of the United States referenced expert opinions by psychologists.[15] After this, the
preponderance of psychological mechanisms within courtrooms began to be considered
beneficial.[15] Several years after the Brown ruling, Justice David Bazelon of the D.C. Circuit Court
of Appeals ruled that psychologists had the legal authority to testify as medical experts about
mental illness.[3][15][16]
In 1969, the American Psychology–Law Society was founded, later being converted into Division
41 of the APA in 1980.[15] As the field continued to grow, more organizations supported the
application of psychology to the law. In 1976, the American Board of Forensic Psychology was
chartered, eventually becoming part of the American Board of Professional Psychology in
1985.[15] Organizations and conferences later aided in solidifying the development of forensic
psychology, such as the American Academy of Forensic Psychology and the National Invitational
Conference on Education and Training in Forensic Psychology.[15][17] By 2001, forensic
psychology was recognized as a professional specialty by the American Psychological
Association.[15]
In 1993, the case of Daubert v. Merrell Dow Pharmaceutical[18] introduced the standard of
admissibility when an expert witness is on the stand. The case started after the parents of
Jason Daubert and Eric Schuller, sued Merrell Dow Pharmaceuticals after their children were
born with serious birth defects due to a drug called Bendectin.[19] After moving the case to
federal court, then Merrell Dow moved for summary judgement when they submitted documents
show that there was no published scientific study demonstrating any links between the drug
Bendectin and birth defects. Then Daubert and Schuller submitted expert evidence as well,
showing that Bendectin did cause birth defects, based on in vitro and in vivo animal studies,
pharmacological studies and reanalysis of other published studies. At the time of the case these
methodologies of evidence were not considered to be acceptable. The summary judgement was
granted to Merrell Dow, the parents appealed to the Ninth Circuit. The Ninth Circuit had only
granted summary judgment because the plantiffs' proffered evidence that were accepted as a
reliable technique by scientist. The reason it was granted to Merrell Dow was because at the
time of the case the Frye standard was considered the correct standard of evidence.[20] This
Daubert standard eventually became the standard used by the U.S. Supreme Court. The standard
is considered to be a part of the Federal Rules of Evidence, this also includes the admissibility of
evidence as well. The Supreme Court reversed, and remanded the case to the Ninth Circuit Court
of Appeals. Through the remand, the court was able to analyze the evidence presented under the
new standard and decided to uphold the district court's original grant of summary judgement for
the defendant.[21] Because of this case ruling the Daubert standard was considered by the U.S.
Supreme Court, the old Frye standard while being used more by most states, has been slowly
overturned and no longer referencing to it.
Recently, forensic psychology has grown in popularity in the media. For example, many recent
docuseries on Netflix feature forensic psychological content, including Making a Murderer and
Sins of our Mother. Other TV shows and movies such as Criminal Minds, Manhunter, Mindhunter,
and Silence of The Lambs have widely popularized the practice of criminal profiling, particularly
within the Federal Bureau of Investigation's (FBI) Behavioral Analysis Unit (BAU).[26] One example
of a highly-publicised case that used forensic psychology was Ted Bundy's sentencing.[27] In
1980, he went to trial and was evaluated by multiple psychology professionals to determine his
ability to stand before the court.[28] The results from the multiple psychologist evaluations
determined that Ted Bundy was fit to stand before the court.[28]
There is a wide range of pay for individuals in the forensic psychology field.[31] In the United
States, the median annual income of clinical-forensic psychologists is $125,000 - $149,999, and
the pay can range from $50,000 (entry-level) a year to more than $350,000 a year.[32]
As of 2022, the U.S. Bureau of Labor Statistics, has seen a 6% rise in psychologist and there has
been 196,000 new jobs for psychologist.[33]
Practice/direct service
Forensic psychologists complete evaluations and assessments to assess a person's
psychological state for legal purposes.[34][35] Reasons for completing these evaluations can
involve acquiring information for criminal court (such as insanity or incompetence), for criminal
sentencing or parole hearings (often regarding a potential intellectual disability that prevents
sentencing or one's risk of recidivism), for family court (including child custody or parental
termination cases), or civil court (involving, for example, personal injury, competence to manage
one's financial affairs, and psychological autopsies especially as related to testamentary
capacity).[36][37] Additional assessments that these professionals can perform include school
threats.[29] Forensic psychologists also usually have to participate in court as a witness and
assist judges, attorneys, or other court personnel in legal matters. This gives them the
opportunity to help out as much as they can.[38] There is great debate about whether these
Forensic Psychological evaluations constitute as health care treatment, with most arguments
claiming they do not.[39] It is important to note that while a forensic psychologist is responsible
for assessing and reporting results of an evaluation, they do not make decisions on "ultimate
issues" such as competence to stand trial or service-connected disability for U.S. military
veterans.[40][41] Instead, the information provided by the expert evaluator is analyzed and is ruled
on by the court which ordered the evaluation to take place.[41]
Treatment
Forensic psychologists may be asked to administer psychological interventions to those
requiring or requesting services in both criminal and civil cases. Regarding criminal cases,
forensic psychologists can work with individuals who have already been sentenced to reduce the
likelihood of repeating their offense. Other treatments are frequently put together in these case,
especially for substance use disorder, sex offenders, mental illness, or anger management.[36]
As for civil proceedings, forensic psychology treats families going through divorce cases,
custody cases, and psychological injuries due to trauma. Treatment often occurs in forensic and
state psychiatric hospitals, mental health centers, and private practices.[42]
Consultations
Providing consultations allows forensic psychologists to apply psychological expertise and
research to help law enforcement, attorneys, and other legal professionals or proceedings better
understand human behavior (e.g. criminal, witness, victim, jury), civil processes, effects of
trauma or other life events, and so on. If working as a consultant, a forensic psychologist can be
involved in legal proceedings through responsibilities such as reviewing court records (such as a
defendant's psychosocial history or assessing mitigating or aggravating factors in a case),
serving as a jury consultant (organizing focus groups, shadow juries, mock juries, or helping with
the voir dire proceedings), and assessment without testimony (in which results of a defendant's
evaluation are not disclosed to the prosecution team, allowing the defense team to develop a
defense strategy), among others. Essentially, consultations can take many forms, including the
common ones below:
1. Law enforcement consultations may
take the form of assisting with
criminal profiling, developing hiring
procedures and methods,
determining the psychological fitness
of returning officers, or simply lending
expertise on certain criminal
behaviors.[26][43] There are several
methods and approaches related to
criminal profiling, but there is a lot of
skepticism and criticism about the
efficiency and accuracy of criminal
profiling in general.[43][44] A couple
common approaches are the
scientific approach, which includes
the FBI's Crime Scene Analysis and
Canter's Investigative Psychology,
and the intuitive approach, which
includes Tukey's Behavioral Evidence
Analysis.[36][45][46][47]
2. Trial consultants are psychologists
who work with legal professionals,
such as attorneys, to aid in case
preparation. This includes jury
selection, development of case
strategy, and witness
preparation.[48][49] Forensic
psychologists working as trial
consultants rely on research to best
advise the individuals they are
working with. Because trial
consultants are often hired by one
specific side in a trial, these
psychologists face many ethical
issues. It is the psychologist's
responsibility to remain neutral when
consulting. In other words, the
consultant must not choose a side to
support and consequentially omit or
create information that would be
beneficial to one side or another.
Before accepting a case to work on,
the forensic psychologist weighs the
responsibilities of consulting on that
case with the ethical guidelines put in
place for the field of forensic
psychology.[5]
Expert testimony about matters relating to psychology is also an area in which forensic
psychologists play an active role.[50][36] Unlike fact witnesses, who are limited to testifying about
what they know or have observed, expert witnesses can express further knowledge of a situation
or topic because, as their name suggests, they are presumed to be "experts" in a certain topic
and possess specialized knowledge about it.[51] The requirements that must be met for forensic
psychologists to be considered expert witnesses include clinical psychology expertise and
knowledge of the laws that have jurisdiction over the court they are to testify.[52] Procedural and
legal rules guide expert testimony, including that the evidence must be relevant to the case, the
method the expert used must be valid and reliable, and that the evidence will help the trier of
fact.[50] An expert can be deposed by opposing counsel to discover what they plan to say in
court. Attorneys have the opportunity to raise a challenge to the admissibility of the expert's
testimony if there are questions about its relevance, or its validity and reliability (in the United
States - the rules vary by country and jurisdiction).[50] Regardless of who calls in the expert, it is
the judge who determines whether or not the expert witness will be accepted through a voir dire
process of qualification.[43]
Research
Forensic psychology researchers make scientific discoveries relevant to psychology and the law
and sometimes provide expert witness testimony.[36][3] These professionals usually have an
advanced degree in psychology (most likely a Ph.D.). These professionals may be employed in
various settings, which include colleges and universities, research institutes, government or
private agencies, and mental health agencies.[53] Researchers test hypotheses empirically
regarding issues related to psychology and the law, such as jury research and research on
mental health law and policy evaluation.[53] Their research may be published in forensic
psychology journals such as Law and Human Behavior or Psychology, Public Policy, and Law, and
more broadly, in basic psychology journals. Some famous psychologists in the field include
Scott Lilienfeld, who was widely known for his scholarship on psychopathology and
psychopathy; Saul Kassin, who is widely known for studying false confessions; Jennifer Skeem,
who is widely known for studying justice-involved people with mental illness; Michael Saks, who
is known for his contributions to jury research and improvements to forensic science; Barbara
Spellman, who is known for her cognitive psychology-law work as well as for her open science
leadership; and Elizabeth Loftus and Gary Wells, who are both known for their research on
eyewitness memory.
Education
Academic forensic psychologists teach, research, train, and supervise students, among other
education-related activities. These professionals also have an advanced degree in psychology
(most likely a Ph.D.) and are most often employed at colleges and universities. In addition to
holding professorships, forensic psychologists may engage in education by presenting research,
hosting talks about a particular subject, or engaging with and educating the community about a
relevant forensic psychology topic.[36]
Advocacy
Through advocacy, forensic psychologists can use psychological research to influence laws and
policies. These may be related to certain movements, such as Black Lives Matter or the Me Too
movement, or may even be related to certain civil rights that are being overlooked.[54]
Forensic psychological
evaluations
Multiple cases have helped define competence. In Dusky v. United States (1960), the case
upheld the Youtsey v. United States ruling and set specific criteria for competence. These
include having a rational and factual understanding of court proceedings and being able to
consult with an attorney in a rational manner.[57]
The insanity defense acknowledges that, while an unlawful act did occur, the individual displayed
a lack of mens rea.[57] The burden of proof in determining if a defendant is insane lies with the
defense team. A notable case relating to this type of assessment is that of Ford v. Wainwright, in
which it was decided that forensic psychologists must be appointed to assess the competency
of an inmate to be executed in death penalty cases.[58][59]
There are various definitions of insanity acknowledged within the legal system.[36] The
M'Naghten/McNaugton rule (1843) defines insanity as the individual not understanding the
nature and quality of his or her acts or that these acts were wrong due to a mental disease or
defect. This is also referred to as the cognitive capacity test. Meanwhile, the Durham Test
(established in Durham v. United States, 1954) states that one can be declared insane if the
actions were caused by a mental disorder. The vague nature of this description causes this
definition to only be used in one state (New Hampshire). The final definition acknowledged
within the courts is the Brawner Rule (U.S. v. Brawner, 1972), also referred to as the American
Law Institute Standard. This definition posits that, due to a mental disease or defect, an
individual is considered insane if unable to appreciate the wrongfulness of an act and are unable
to conform their behavior to the dictates of the law.[57]
Evaluating insanity involves using crime scene analysis to determine the mental state at the time
of the crime, establishing a diagnosis, interviewing the defendant and any other relevant
witnesses, and verifying impressions of the defendant.[54]
Criteria for insanity can vary by state. State standards for the insanity defense
https://psycholegalassessments.com/areas-of-expertise/criminal-responsibility-or-sanity-at-the-
time-of-the-offense/
Although there are many advocates for the use of risk assessment in sentencing, there are
others who question whether risk assessments are accurate enough to be relied upon when
making these consequential legal decisions.[60] Risk assessment, as with any attempt to
understand future behavior, is very difficult, especially because "risk" isn't always defined the
same way in different legal settings. There is a wide research literature on risk assessment, but
the information is varied and sometimes contradictory, and bias can play a role in risk
assessment.[60]
Immigration/asylum evaluations. In
removal proceedings, the judge or
parties may request the assistance of a
forensic psychologist for those
individuals eligible to apply for various
forms of immigration benefits.[68] There
are eight grounds for an individual to
apply for which are hardship, risk for
torture, asylum, domestic violence,
ANAC (abused, neglected, or abandoned
children), discretionary determinations,
risk assessment, and competence to
proceed.[57] Each removal proceeding is
as unique as the individual on trial which
is where mental health professionals
play a crucial role in helping document
their experiences as many individuals
may or may not have proof to support
their stories.[57] In the case that an
individual does apply for
relief/protection from removal, a
psychological evaluation is conducted
by a forensic psychologist to help the
court determine if the individual meets
the requirements for the type of relief for
which they are applying. Immigration
evaluations are often done through a
series of interviews with the individual
and their family members that delve into
their life of what led up to the migration,
medical information such as history and
physical examinations, social
background information, and their
current level of cognitive and
psychological functioning.[57][69][70]
Consent
Consent plays a large role in Forensic Psychology. Informed consent is required for
psychologists, and when services are required by law or another authority, psychologists must
inform the individual of the nature of the anticipated services, including whether the services are
court ordered or mandated and any limits of confidentiality, before proceeding, according to the
APA ethics code 3.10(c). [74] Additionally, standard 3.10(d) stipulates that consent needs to be
well documented.[74] Both the individual in question and the council that is representing them
must provide their approval.[73] If the person is legally unable to give their own consent then legal
counsel for that individual must be sought. The person must be informed by the Forensic
Psychologist of all the various guidelines pertaining to the expected services, including the
extent of confidentiality.[73]
Confidentiality in Forensic
psychology
A forensic psychologist's primary responsibility is to safeguard their clients anonymity by taking
appropriate measures and communicating any limitations, the client is trusting them to keep all
topics discussed with them confidential.[73] Only the clients or legally authorized person's
consent may be disclosed; without the clients consent, disclosure may only occur when required
by law, when the psychologist utilizes the information for the clients protection or consultation,
or both.[73]
See also
Applied psychology
Forensic psychiatry
Settled insanity
Competency evaluation (law)
List of United States Supreme Court
cases involving mental health
Media psychology
Medical jurisprudence
Notes
References
Further reading
External links
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