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Psych 546 - Forensic Psychology Vocabulary Flashcards

Definition and Scope

  • Forensic psychology is a subfield of psychology in which basic and applied psychological science or scientifically oriented professional practice is applied to the law to help resolve legal, contractual, or administrative matters. In short: forensic psychologists help courts make decisions when some question at hand related to psychology is involved in a legal issue.

  • Core roles in practice: inform the legal decision by providing a service such as presentation of research, testimony, assessment, or treatment; all aimed at informing the legal decision.

  • Typical timing: most often involved pre-adjudication (before the legal decision is made).

  • Summary of the main point: any area of psychology can be relevant to forensic contexts if it helps answer legal questions; forensic psychology is the application of psychological theory and findings to legal questions.

History and Foundations

  • Forensic psychiatry predates forensic psychology; medicine is older than psychology, and forensic psychiatrists train as physicians (MD/DO) and specialize in forensics.

  • Psychology path: PhD in Clinical or Counseling Psychology or a PsyD, typically with a forensic specialization during graduate training or via postdoctoral fellowships.

  • Isaac Ray (American psychiatrist, the 1800s) is credited as a founder of forensic psychiatry; he published on insanity and argued that psychiatry could inform legal decisions in cases involving mental illness.

  • Ray’s work influenced the insanity test at the time, notably in the case against Daniel McNaughton in 1843, which set the foundation for early insanity determinations. This topic will be revisited in modules on mental state at the time of offense.

Forensic Psychology in the U.S. and International Context

  • The United States is relatively unique in having many more forensic psychologists involved in cases compared to many other countries; other countries have more forensic psychiatrists.

  • Historical turning point: Judge David Bazelon presided over Jenkins v. United States in 1962, which established that mental health professionals other than psychiatrists could answer questions about mental health in legal cases.

  • In contrast, many Canada and European nations reserve this work for psychiatrists due to medical training and licensure.

  • These national differences help explain why the U.S. has a larger forensic psychology footprint.

Psychology and Law: The Broad Field

  • Forensic psychology sits within the broader umbrella of Psychology and Law (AP-LS, Division 41 of the American Psychological Association).

  • AP-LS also encompasses related subfields such as correctional psychology; forensic psychology is a major but not exclusive part of this broader field.

  • Important note: all subfields of psychology can have a forensic role if they help address a legal question in a given case.

  • The AP-LS website is a key resource for case examples, videos, and further reading; it will be linked on the course page.

  • The central idea: forensic psychology is the application of psychological theory and findings to inform legal decisions; any psychologist can contribute when their expertise informs the court.

Insights from the AP-LS Video on Forensic Work

  • The field is broad: it marries psychology and the legal system, drawing on multiple domains of psychology (social, cognitive, developmental, clinical).

  • Researchers/clinicians apply theory and methods from psychology to test how legal assumptions hold up in practice and how to improve them.

  • The field addresses the misfit between the legal system and human behavior, highlighting opportunities for psychological contributions to jurisprudence.

  • The field includes both research and clinical work that has relevance to civil and criminal cases; evaluators may assist jurors and judges in making better decisions.

  • Practitioners range from researchers in private practice to those who evaluate clients and train judges/lawyers on developmental issues relevant to law.

  • The video highlights several professionals who study legal decision making, bias in expert testimony, juror decisions, eyewitness issues, and broader policy impact.

  • Examples of roles include private practice evaluations, testing development, and research on procedural justice and group dynamics in legal settings.

  • A recurring theme: the field aims to generate knowledge that can inform policy, improve courtroom procedures, and enhance fairness and accuracy in judicial outcomes.

The Four Major Roles of Forensic Psychologists

  • There are four core functions common to forensic psychology: Research, Assessment/Evaluation, Treatment, and Testimony. All four can be relevant to both criminal and civil contexts depending on the question at hand.

  • Testimony often involves expert testimony that communicates research data and its interpretations to legal questions; it is differentiated from a fact witness who provides case-specific information.

  • Video examples illustrate each role:

    • Research: Dr. Skeem’s Risk Reduction Research Lab focuses on identifying who is at risk for violence/self-harm among people with severe mental illness and how to fix root causes via policy and intervention design.

    • Assessment/Evaluation: Dr. Kavanaugh discusses clinical evaluations for clients, the role of evaluating developmental issues in youth, and how evaluators inform judges and lawyers with research-based methods; cases include juvenile transfer to adult court and civil cases involving wrongful convictions.

    • Treatment: A segment on restoring competency to stand trial (restoration) discusses timelines, limits, and the possibility of dismissal or civil commitment if restoration fails within set time limits (e.g., 6 months restoration; 15 months, extendable to 21 months).

    • Testimony: Dr. Penrod discusses eyewitness identification and a landmark case (Henderson) that used expert testimony and a large evidentiary basis (e.g., 200 research articles) to influence the court’s approach to suggestive identifications and juror instructions.

  • Distinction between expert testimony and fact witnesses is important: expert testimony draws on scientific research to address broader issues relevant to the case, rather than recounting specific facts of a single case.

Criminal vs Civil Systems: Similarities and Differences

  • Similarities: In both systems, psychologists can perform research, assessments, treatment, and testimony.

  • Differences in focus and application:

    • Research topics:

    • Criminal: impact of jury diversity on capital sentencing; eyewitness identification under various conditions; mental illness and violence risk; expert witness bias (as studied by faculty at ASU).

    • Civil: perceptions of sexual harassment, effects of custody arrangements on children's mental health.

    • Assessments:

    • Criminal: competency to stand trial (CST) and insanity/mental state at the time of offense (MSTO).

    • Civil: parenting/custody evaluations; mental illness and violence risk relevant to civil commitment.

    • Treatment:

    • Criminal: restoration or attainment of CST.

    • Civil: anger management, PTSD treatment in the context of civil liability or domestic contexts.

    • Testimony:

    • Criminal: any area of research can be presented; topics include reliability of lineups, treatment of eyewitnesses, and false confessions.

    • Civil: testimony on the impact of interparental conflict or domestic violence on children; classic civil example: Brown v. Board of Education, with psychology research influencing the decision.

  • Classic civil example: Brown v. Board of Education (1954) relied on the doll study by Kenneth and Mamie Clark; Dr. Clark’s testimony is referenced in the Supreme Court decision, illustrating how psychological research informs civil rights jurisprudence.

Key Topics and Course Focus for This Class

  • The course will cover the core, “bread and butter” topics: competency to stand trial and mental state at the time of offense (insanity).

  • There will be exploration of 11 different types of competencies; students will teach each other about these competencies.

  • Additional readings, videos, and podcasts will be offered on related topics such as civil commitment and juvenile justice, along with lighter, historical content (e.g., Wonder Woman’s relevance to forensic psychology).

Reflections and Course Continuity

  • Reflective prompts for students:

    • What did you think forensic psychology was at the start of the course?

    • How has your understanding changed, and what assumptions remain?

    • How will you apply this knowledge as you progress through the course and consider future training?

  • References and additional resources will be provided on the course page, including access to AP-LS materials and videos.

Quick Reference Highlights (Dates, Numbers, and Examples)

  • 1843: Daniel McNaughton case; foundation for the first legal test of insanity (as discussed in relation to Isaac Ray’s influence).

  • 1962: Jenkins v. United States; established that mental health professionals beyond psychiatrists could answer questions about mental health in legal cases.

  • 1954: Brown v. Board of Education; psychology research (Clark doll tests) cited in landmark civil rights decision.

  • 88-page: Henderson case opinion; extensive materials and research cited to the Supreme Court to shape the identification case.

  • 200: number of research articles cited in the Henderson-related materials presented to the court.

  • 6 months: typical restoration period to restore competency to stand trial.

  • 15 months: standard ceiling for restoration, after which time limits may be extended to 21 months; if non-restorable, the case may be dismissed with civil commitment considerations.

  • 11: reference to the number of distinct competencies that will be discussed in the course.

  • AP-LS: Division 41 of the American Psychological Association (Psychology and Law).