Clinical Psych Exam #3-Forensic Psychology and Misapplication of CBT

Forensic Psychology

application of mental health expertise to assessment and treatment of individuals involved in a legal process

Forensic Psychologists are asked to determine

hospitalization? competency? credible witness? victim faking? insanity?

Criminal Competence and Responsibility

Before the trial can begin, it must be determined whether a person is competent enough to assist in their defense

Competence in assisting one’s own defense

understanding court proceedings, assist their attorneys

Innocent until proven guilty and…

competent until proven otherwise

Functioning

focus is on present functioning, which is separate from functioning at time of crime

Assessing Competence

Most of those assessed are found competent

Assessment of a defendant's competence includes

Mental status exam, brief focused interview, use of specialized instruments to determine the defendants ability to understand the charges and legal process

What assessments are unacceptable for assessing risk and competency

projective tests

Crime

intentional act or failure to act that is a violation of criminal law and committed without a defense or excuse.

Insanity (LEGAL TERM)

At the time of the crime, they were experiencing psychological symptoms and lacked substantial capacity to appreciate the criminality or wrongfulness of their conduct, OR were unable to conform their behavior to the requirements of law.

Not guilty by reason of insanity versus guilty but mentally ill

self explanatory lol just remember this

Misperceptions about insanity

many assume the insanity plea is used a lot with a high rate of success to evade punishment

Truth about insanity

not used often, most confined to treatment facilities, sentence may be longer than if found NGRI

Assessing insanity in the past

Review defendant’s medical and legal history, listen to the defendants’ version of the incident, administer psychological instruments

Instruments to assess sanity

Structured interviews, intelligence tests, personality assessments, neuro battery, malingering

Predicting Dangerousness

Extremely difficult and low rate of accuracy, controversy over best approach and appropriate assessments to use, likely to be overcautious

Tort law

mechanism for individuals to seek compensation for the harm they suffered from the wrongful act of another party

What does psychologist need to determine during assessment in civil trials

whether the person has a psychological diagnosis and whether the problem was caused by the tort

Workers’ Compensation Cases

Clinical psychologists are often asked to evaluate injured workers in terms of psychological injuries and what compensation is necessary

Civil Competencies

Does an individual have the capacity to understand information relevant to making a particular decision

Psychological Autopsies

Sometimes asked to give opinion about a deceased person’s state of mind prior to death

Example of a psychological autopsy

insurance companies want to know if the death was suicide.

Criminal profiling

analyze evidence from a crime scene, victim, and other sources to infer the characteristics of the likely perpetrator

Is criminal profiling common?

Most forensic psychologists don't do this, but this is what many pictures when they think of forensic psychologists

Child Custody & Termination of Parental Rights

offer recommendation to help court settle disputes over which parent can best meet the children’s needs

When will clinical psychologists be asked to discuss parental rights

Can be a clinical psychologist who is already working with a child and is then asked to come to trial

Mental Health Experts (expert witness)

Someone with specialized knowledge is asked to be a consultant or expert (does not have to be a forensic psychologist)

Requirements to be an expert witness

Judge decides the expert’s knowledge will help, testimony based on sufficient facts and reliable and accepted principles within the field

Why are expert witnesses criticized as lacking reliability, validity, propriety, and usefulness?

many experts merely asked to say exactly what attorney wants for a large sum of money, opposing experts confuse juries

What are some of the activities that a forensic psychologist does?

legal consultation/legal decision making, assessment, legal expert witness

assessment for treatment vs. assessment for forensic practice

client centered, client is referral source honesty can be assumed vs legally centered, focus more on malingering, referral source is the court or judge, honesty cannot be assumed

What are some of the conflicts a forensic psychologist may experience in terms of ethics and practice requirements?

mandatory reporters (but can only report to attorney), confidentiality (but need to report for evidence), different ethical guidlines for attorneys and clinicians

How does a clinician establish themselves as a compentent forensic psychologist

extra training & legal experience

Misapplication of CBT

when CBT is used in a harmful way, challenging beliefs that are actually real (usually of those of minority groups)

Limitations of CBT

CBT is not helpful for all patients in all situations, and may even be harmful in some situations

What to do in situations where CBT may be misapplied

Rather than challenging the thoughts, find a different method to be more affirming and accepting of the issue

Psychoeducate, teach new thoughts, self-care, and community building

Challenging harmful thoughts about oneself, rather that challenging one’s experience