Forensic Psychology Textbook

Contrast the narrow and broad definitions of forensic psychology

• Broad: viewed as the research and application of psychological knowledge to the legal system.

• Narrow: limits it to the application and practice of psychology as it pertains to the legal system. refers to clinical psychologists engaged in clinical practice within the legal system. Excludes clinicians who perform corrections-related tasks or offer consulting services to police departments.

Contrast forensic psychology with other forensic sciences

• Forensic psychology focuses on the psychological aspects of criminal behavior and the legal system, emphasizing understanding the mind and behavior of offenders and victims. 

• Forensic science involves collecting and analyzing physical evidence from crime scenes, focusing on biology, chemistry, and physics applications

Identify the five subspecialties of forensic psychology covered in this text

1) Police and public safety psychology,

(2) legal psychology,

(3) psychology of crime and delinquency,

(4) victimology and victim services,

(5) correctional psychology

Police and public safety subspecialty roles

• assist police departments in determining optimal shift schedules

• establish reliable and valid screening procedures for public safety officer positions at various locations

• perform fitness-for-duty evaluations for officers after a critical incident,

• train P.O’s on assisting mentally ill persons,

• provide counseling and debriefing services,

• support services for families,

• inform police of research evidence regarding reliability of eyewitness identification,

• help detectives solve crimes

Legal psychology subspecialty

• conduct child custody evaluations,

• visitation risk assessments, and child abuse evaluations;

• assist attorneys in jury selection;

• perform evaluations of a defendant’s CST;

• testify at a trial in which defendant was pleaded not guilty by reason of insanity;

• evaluate civil capacities (to make a will or consent to treatment);

• testify before legislative committees on relationships between aggression and violent video games;

• provide outpatient psychotherapy to individuals who have been ordered to receive treatment by court;

• assess hardships suffered by individuals threatened with deportation during immigration proceedings.

Psychology of crime and delinquency subspecialty

• evaluate the effectiveness of intervention strategies designed to prevent violent behavior during adolescence;

• conduct research on development of psychopathy;

• consult with legislators and government agencies as a research policy advisor on responses to stalking;

• consult with school about troubled youth;

• develop psychological measure for assessing risk of harm to self or others among mentally ill;

• inform the legal community about research on decision making in adolescence.

Victimology and Victim Services subspecialty

• Evaluate persons who are victims or witnesses of crime;

• conduct psychological assessments for personal injury matters;

• educate and train victim service providers on psychological reactions to criminal victimization (ex: PTSD);

• conduct forensic assessments of victims of persecution and torture for evidence at immigration hearings;

• assess, support, and counsel those who provide death notification services;

• educate service providers on the impact of multiculturalism when victims seek mental health and support services.

Correctional subspecialty

• Assess inmates entering jail or prison for both mental health needs and suitability for treatment and rehab;

• assess prisoners for risk in parole decision making;

• assess violence risk in juveniles and adults;

• evaluate the effectiveness of programs for juvenile and adult offenders;

• conduct sexually violent predator assessments;

• establish reliable and valid screening procedures for correctional officer positions at correctional facilities;

• offer mental health treatment to adults and juveniles in correctional settings.

Explain the difference between the PhD and PsyD degrees

• The PhD degree (doctor of philosophy) requires a dissertation and is well accepted in the academic world as appropriate preparation for scientists and scholars in many fields across the globe. Regarded primarily as a research-based degree. 

• The PsyD (doctor of psychology) is a graduate degree designed primarily for students who wish to become practitioners or clinicians rather than researchers. Place strong emphasis on clinical training. 

What are the pros and cons of obtaining a joint degree in psychology and law?

• It’s a good option for graduate students feeling a strong pull toward psychology and law. It can be useful in practicing either psychology or law but takes an extensive amount of time, money, and effort. 

• Can practice in areas of law in which having psychology training can be helpful, and can become a scientist-practitioner. 

Give examples of ethical issues that might be faced by psychologists practicing forensic psychology

• Prescription authority

• Dual relationships between the psychologist and the client

• Conflicts of interest

• Bias

• Participation in research

• Issues of confidentiality

• Tension between punishment and rehabilitation 

What is meant by the term prescription privileges when applied to psychologists? Briefly discuss the progress psychologists have made in obtaining these privileges and discuss possible objections that might be raised

• Psychologists do not hold a medical degree (unlike psychiatrists), and therefore cannot prescribe drugs.

• Historically, psychologists have not been permitted by law to prescribe medication. That has started to change as New Mexico and Louisiana authorized properly trained psychologists to prescribe certain medications for mental disorders (called medical psychologists). 

• Medical associations typically have resisted extending prescription privileges, maintaining that this will lead to abuses and decrease the quality of patient care.  

What has job analysis revealed about police work?

• Job analyses have revealed characteristics that are desirable, and sometimes necessary, for all successful police officers.

• Ex: good judgment and common sense, appropriate decision-making skills, interpersonal skills, solid memory, good observation talents, and communication skills.

Job analyses

• The process of identifying and analyzing how, where, and why a particular job is done.

• A systematic procedure for identifying the skills, abilities, knowledge, and psychological characteristics that are needed to do public safety work successfully. 

What are the six personality measures currently most used in police screening?

• The Minnesota Multiphasic Personality Inventory — Revised (MMPI-2)

• The Inwald Personality Inventory (IPI)

• The California Psychological Inventory (CPI)

• The Personality Assessment Inventory (PAI)

• The NEO Personality Inventory — Revised (NEO PI-R)

• The Sixteen Personality Factor Questionnaire—Fifth Edition (16-PF)

The Minnesota Multiphasic Personality Inventory (MMPI-2)

designed to measure psychopathology or behavioral disorders, but modified to measure positive personality traits (such as stress tolerance, emotional maturity, self-control, and judgement).

The Inwald Personality Inventory (IPI)

• Specifically designed to measure the suitability of law enforcement and public safety candidates based on a variety of personality traits and behavioral patterns.

• Developed to measure both positive personality traits and problematic behavioral patterns (such as job difficulties, substance abuse, driving violations, absence abuse, and antisocial attitudes.

• Also has a validity scale called “guardedness” which is intended to identify individuals resistant to revealing negative information about themselves.

The California Psychological Inventory (CPI)

• designed to measure various personality features that are considered positive.

• Used with both adolescents and adults to predict how individuals will behave and react in a variety of interpersonal situations.

The Personality Assessment Inventory (PAI)

• Self-administered, objective inventory of adult personality that provides information on “critical clinical variables".

• Currently used mostly in corrections to predict criminal reoffending, inmate misconduct, and violence. 

The NEO Personality Inventory— Revised (NEO PI-R)

• Designed to measure the five major domains of personality, called the “Big Five.”

• They are (1) openness to experience, (2) conscientiousness, (3) extraversion, (4) agreeableness, and (5) emotional stability (which taps neuroticism).

The Sixteen Personality Factor Questionnaire—Fifth Edition (16-PF)

• Designed to measure adult personality traits.

• Items are grouped into 16 primary-factor scales representing the dimensions of personality initially identified by Raymond Catell.

• Used by about 19% of the police departments in their preemployment screening procedures.

What are the four types of stressors common in law enforcement?

• Organizational

• Task Related

• External

• Personal

Organizational stressors

• emotional and stressful effects that the policies and practices of the police department have on the individual officer.

• Ex: poor pay, excessive paperwork, insufficient training, inadequate equipment, weekend duty, shift work, etc.

Task Related stressors

•  generated by the nature of police work itself.

• Ex: inactivity and boredom, situations requiring the use of force, responsibility of protecting others, use of discretion, fear, dealing with violent or disrespectful individuals, making critical decisions, etc. 

External stressors

• an officer’s ongoing frustration with the courts, the prosecutor’s office, the criminal justice process, the correctional system, the media, or public attitudes.

• Ex: police-citizen relationships (Rodney King, George Floyd)

Personal stressors

• stressors involving marital relationships, health problems, addictions, peer group pressures, feelings of helplessness and depression, discrimination, sexual harassment, and lack of accomplishment.

• Ex: competency to do their job

What are some minority or gender issues relating to law enforcement?

• Common perception that policing is a male-oriented profession, requiring physical strength and a display of physical prowess for many of the tasks. 

• Female police officers are far less likely than male officers to use excessive force, while maintaining effective policing strategies

• Reputation of being hostile toward women or having a high female officer turnover rate. 

• Ethnic and racial minorities are better represented in law enforcement than are women.

• Women are making progress in acquiring promotions and administrative positions.

Occupational socialization

the learning of attitudes, values, and beliefs ofa  particular occupational group

what are 3 special evaluations that might be conducted by a police psychologist?

• Fitness-for-Duty Evaluation (FFDE)

• Special Unit Evaluations

• Emergency consultations concerning the seriously mentally disordered

Fitness-for-Duty Evaluation (FFDE)

following administrative leaves (after a traumatic work-based incident), a FFDE may be required to assess emotional and psychological well-being.

special unit evaluations

standard procedure for members of special teams, such as special weapons and tactics teams (SWATS) and tactical response teams (TRTs); undercover agents; and narcotics, internal affairs, and crisis/hostage negotiation teams, to determine if they are psychologically fit to undergo the pressures and possess the judgment requirements of high-stress positions. 

Findings of the research on racial bias in policing

• Officers of any race or ethnicity are equally likely to be involved in a deadly force incident

• Training and experience are effective in minimizing the effect of implicit bias

• In simulated experiments, police demonstrate less bias in shooting than community samples, including college students.

• Racial bias tends to be demonstrated more in response time than in the ultimate decision to shoot

• Officers use more deadly force against black people than white people

• Contextual factors, such as neighborhood race, rather than suspect race, explain police decisions

• Black and Latino suspects were subjected to force earlier during police interaction, while white suspects were subjected later during the interaction

Common psychological reactions police may have to a shooting incident

• Posttraumatic stress disorder (PTSD)

• Post-shooting traumatic reaction (PSTR) represents a collection of emotions and psychological response patterns that may occur after a law enforcement officer shoots a person in the line of duty – which in itself is usually considered a critical incident. 

• Police suicide 

• Shunning mental health services

In the Scrivner study, what five different officer profiles were prone to excessive force complaints?

• Officers with personality patterns that reflect a lack of empathy for others and antisocial, narcissistic, and abusive tendencies

• Officers with previous job-related experiences such as involvement in justifiable police shootings

• Officers who experienced early career-stage problems having to do with their impressionability, impulsiveness, low tolerance for frustration, and general need for strong supervision

• Officers who had a dominant, heavy-handed patrol style that is particularly sensitive to challenge and provocation

• Officers who had personal problems such as separation, divorce, or perceived loss of status that caused extreme anxiety and destabilized job functioning.

What three questions are central to the process of investigative psychology? 

1. What are the important behavioral features associated with the crime that may help identify and successfully prosecute the perpetrator?

2. What inferences can be made about the characteristics of the offender that may help identify him or her?

3. Are there any other crimes that are likely to have been committed by the same person?

Five types of profiling covered in the chapter

1. Crime scene

2. Geographical

3. Suspect-based

4. psychological

5. equivocal death analysis

Crime scene profiling

Examines features of the crime scene to infer or deduct characteristics or motivations of offender

Geographical profiling

Analyzes locations associated with an unknown usually serial offender; analyzes hot spots of crime

Suspect-based profiling

Systematic collection of data on previous offenders to identify additional offenders

Psychological profiling

Detailed description of psychological characteristics of one known individual, not necessarily criminal; used in threat or risk assessment

Equivocal death analysis

Detailed description of psychological and background characteristics of deceased individual, with intent to determine the manner of death

Distinguish between geographical profiling and geographical mapping

• Geographical profiling: refers to the analysis of geographical locations associated with the spatial movements of a single serial offender

• Geographical mapping: concerned with analyzing the spatial patterns of crimes committed by numerous offenders over a period of time

What are three types of false confessions?

• voluntary

• coerced-compliant

• coerced-internalized

voluntary false confessions

• self-incriminating statement made without any external pressure from law enforcement

• usually for fame or recognition

coerced-compliant false confession

•  involve pressure from police officers and sometimes from other persons as well.

• Compliance is a form of conformity in which we change our public behavior, but not our private beliefs or attitudes, to appease other people or reduce social pressure from others.

• Most likely to occur after prolonged and intense interrogation experiences. 

coerced-internalized false confessions

•  pressure from police officers and others.

• Changes in our private thoughts or beliefs that occur because we sincerely believe in the issue or perspective.

• Innocent persons, who are tired, confused, and highly psychologically vulnerable, come to believe that they actually committed the crime. 

What suggestions have psychologists offered for improving the police interviewing and interrogation process? 

• Record all interrogations from beginning to end

• Prohibit the use of psychologically manipulative interrogation tactics that have been shown to produce false confessions

• Protect vulnerable persons (e.g., juveniles, developmentally disabled persons) in the interrogation room

• Ensure the appropriate administration (knowing and intelligent waiver) of Miranda rights prior to interviewing a suspect

• Train law enforcement investigators regarding factors that contribute to false confessions

In light of research findings on deception, how can investigators best detect deception on the part of persons being interviewed? 

• The best way is to rely on verbal cues, how they handle the questions

• Concentrating on the verbal patterns of the suspect and analyzing the manner in which the interviewer handles the questions will lead to improved deception detection.

• Lying requires more concentration, so increasing how much the suspect has to think (cognitive load) about what they are lying about will aid in efforts. Interviewers should create a cognitive load on the person being interviewed – try to increase the work load of the suspects when answering questions. 

• Ask questions the suspect does not anticipate, or ask for more detail to the story. Ask the suspect to tell the story in reverse order.

Findings from the research on the polygraph

• Accuracy of the polygraph increases with intensive training of the examiner. 

• Computerized polygraph systems are more accurate. T

• The specific technique used, nature of the population tested, issues to be resolved, the context of the examination, whether one is trying to detect truth or deception, the training of the examiner, what cues the examiner considers besides the polygraphic data, or even whether one is examining the victim or the suspect must be considered before conclusions are made. 

• Growing interest in the use of the polygraph in the supervision and treatment of sex offenders

3 main issues regarding use of polygraphs on sex offenders

1) concerns regarding how the polygraphic examinations are conducted,

(2) the lack of scientific validity of the procedures, and

(3) ethical concerns. 

Findings from the research on hypnosis

• Should be used only by highly trained and property credentialed professionals 

• Most center on suggestions for relaxation, calmness, and well-being.

• Hypnosis only increases suggestibility 

• Two theories: hypnotic trance theory and cognitive-behavioral viewpoint

four factors important in inducing hypnosis

1. the level of trust the participant has in the hypnotist,

2. the participant’s motivation and desire to cooperate,

3. preconceived notions the participant has about hypnosis,

4. the context and reasons for hypnosis (e.g., entertainment or critical information gathering)

Hypnotic trance theory

assumes that hypnosis represents a special state of consciousness that promotes a high level of suggestibility and changes in bodily experiences. 

cognitive-behavioral viewpoint on hypnosis

respondents are not in a special state of consciousness when they appear hypnotized. Hypnosis is a product of certain attitudes, motivations, and expectancies toward the “hypnotic state” – not a “true” alteration of consciousness.

Findings from the research on eyewitness identification

• Jurors appear to have a strong tendency to accept eyewitness testimony at face value, even if the testimony is contradicted by other types of forensic evidence (e.g., fingerprints, blood type, DNA)

• Testimony of a single confident eyewitness should be enough to convict a criminal defendant

• In many cases, the eyewitness is highly inaccurate about what he or she saw and heard.

• The accuracy of facial recognition depends greatly on the type of face being recalled. Some faces are easier to identify than others. 

cognitive interview for eyewitnesses

• the interviewer is encouraged to allow the witness to dominate the narrative as much as possible (investigative interviewer skillfully and gently guides the witness through a number of steps)

• context reinstatement, report everything, recall from different perspectives, and recall in different orders

• No leading questions, interrupt as little as possible, include even trivial details

unconscious transference

occurs when a person seen in one situation is confused with or recalled as a person seen in another situation. People do not realize they are doing it.

Own-Race Bias

people are much better at discriminating between faces of their own race or ethnic group than faces of other races or ethnic groups.  

What recommendations were made by researchers regarding lineups and photo spreads in the “Police Lineups” white paper to increase the reliability of identifications made in these lineups?

• the person putting together the lineup or photo spread know which member is the suspect; however, the person administering or conducting the lineup should not know. The eyewitness should be informed that the person administering the lineup does not know which person is the suspect in the case  (double-blind).

• Eyewitnesses should be clearly told that the suspect might not be in the lineup or photo spread. 

• The suspect should not stand out in the lineup or photo spread as being clearly different from the distractors, based on eyewitness’s previous description.

• A clear statement should be taken from the eyewitness at the time of identification, prior to any feedback from the police that would inform the witness whether he or she has chosen the “right” suspect.

What is the significance of Jenkins v. United States to forensic psychology?

• Ruled that the lack of a medical degree did not automatically disqualify psychologists from providing expert testimony on the issue of mental disorder. 

• Precedent for psychologists to be qualified as expert witnesses in court on matters of mental illness

What are the main steps or stages of the judicial process?

• pretrial

• trial

• disposition

• appeals

Forensic Psychologist role in Pretrial

• Initial appearance- screening for evidence of mental disorder or psychological crisis.

• Arraignment-criminal responsibility (CR) or mental state at the time of the offense (MSO) evaluation, or competency to stand trial evaluations.

• Juvenile cases- assess a juvenile's ability level of development and ability for rehabilitation.

• Discovery process- review transcriptions of depositions for clerical errors

Forensic psychologists role in trial

•  Voir Dire- psychologists who serve as trial consultants question jurors to uncover potential bias.

• During the trial they may continue to sit at the defense or prosecution table, conducting tasks similar to those performed during jury selection.

• They may also work behind the scenes with ongoing case preparation like witness prep.

• Most visible is expert witness testimony.

forensic psychologists role in Disposition

•  Sentencing- evaluate a defendant’s potential for responding favorably to a treatment.

• Risk assessment for violent behavior.

• Presentence investigation- psychologists who have examined the offender or the victim may submit a report appended to the document OR the info may already be included in the document 

forensic psychologists role in appeals

• Not huge role

• Amicus curiae briefs-filed by interested parties who did not participate directly in the trial but either have a stake in the outcome or have research knowledge to offer the appellate court

Actuarial predictions

• BASED ON PREDICTOR FACTORS.

• focus on a small number of factors and may ignore important factors that are idiosyncratic to the case at hand;

• are passive predictors; may include risk factors that are unacceptable on legal grounds but ignore risk factors that have unknown validity;

• have been developed to predict a specific outcome over a specific period of time in a specific population, and

• they may not generalize to other contexts;

• have a restricted definition of violence risk and cannot address the nature of the violence, its duration, its severity or frequency, or how soon it may occur. 

Clinical predictions

• BASED ON CLINICAL JUDGMENT.

• Rely on clinical experience and professional judgment. 

Structured professional judgment

• abide by various guidelines for conducting a comprehensive clinical evaluation of violence risk for a particular individual in a particular context.

• Include gathering critical information, identifying the presence of risk factors, evaluating their relevance, and developing scenarios in which the person being evaluated might or might not be violent. 

What are amicus curiae briefs, and why would a psychological association or organization want to file them? 

• Documents filed during the appellate stage by interested parties who did not participate directly in the trial but either have a stake in the outcome or have research knowledge to offer the appellate court

• To call attention to some matter that might otherwise escape the court’s attention

Scientific jury selection

Social science techniques in an effort to find a jury that will be favorably disposed towards one's case.

Scientific jury selection is used in major cases but is not prevalent in the typical criminal or civil case. Give at least three reasons why this might be so. 

SJS is expensive, time consuming, and a complex process

Discuss the tasks psychologists perform in witness preparation. What are the pros and cons of psychologists participating in these tasks, particularly as they relate to lay witnesses?

• May coach an individual in how to be a persuasive, confident witness. 

• Controversial because they may reinforce in the witness a memory that is actually quite weak. 

• Suggestive questioning: might lead witnesses to recall details that they did not initially remember

• Voir Dire: questioning of potential jurors to best ensure an unbiased jury. 

• Skeptical of the aspect of attempting to select jurors sympathetic to one’s case. 

• Lack of oversight of trial consulting is also noted.

Briefly explain the difference between the Frye general acceptance standard and the Daubert standard for evaluating expert testimony. 

• Frye standard: expert’s evidence must have been gathered using scientific techniques that had reached a general acceptance in the science field. Once that standard had been met, all relevant testimony would be admissible. 

• Daubert standard: expert evidence must be relevant, reliable, and legally sufficient and that its probative value must outweigh its prejudicial value. The court required that federal judges act as gatekeepers, scrutinizing expert evidence very carefully before admitting it into court. 

Summarize each side of the argument as to whether an expert should provide an opinion on the “ultimate issue.”

• Pro: Judges depend on the testimony and it can be controlled by careful cross-examination, judges often ask the opinion of court appointed clinicians, forensic psych has developed rapidly and quality of evals have significantly improved

• Con: expert may misunderstand the law, apply hidden value judgements, or believe a particular outcome is best for an individual even if legal criteria are not met. Giving opinion suggests great weight will be placed on that opinion when the decision must be made by the judge or a jury based on legal factors.