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Forensic psychology in the judicial system

Overview and scope

  • Forensic psychology is the application of psychological expertise within the judicial system.

  • It became an APA-approved specialization in 2001.

  • Forensic psychologists provide services for both criminal and civil courts, including:

    • Mental health evaluations

    • Risk assessments (e.g., potential for violence)

    • Child custody determinations and other family-law issues

    • Personal injury and related civil matters

    • Other issues requiring psychological expertise to inform legal decisions

  • The field aims to help courts and juries make more educated decisions about criminal offenders and civil litigants.

  • Growth of the field has been influenced by popular media (e.g., television shows like CSI and Law & Order) which:

    • Attract more students to the field

    • Increase attorneys’ awareness of psychologists’ contributions to cases

  • A notable benefit of forensic psychology is its fee-for-service nature, offering an alternative to managed-care constraints and their stressors.

    • Quote: a forensic psychologist in private practice highlights the ability to “make a living outside of the managed-care parameters and stressors.”

What forensic psychologists do

  • Many are in private practice and are hired by:

    • Attorneys

    • The court system

  • They provide expert opinions on:

    • Whether a defendant has a mental disorder that affects trial participation

    • A defendant’s mental state at the time of an offense

  • Regardless of hiring source, the client is not the examinee; the client is the attorney or the court.

    • This has important implications for confidentiality and other professional obligations.

  • Civil cases include:

    • Evaluations of plaintiffs in workers’ compensation cases

    • Child custody cases (including parental relocation considerations)

  • Forensic neuropsychologists contribute by:

    • Assessing amnesia claims and other cognitive defenses

    • Evaluating competence restoration to stand trial, especially in cases with conditions like dementia

    • Assessing cognitive deficits’ impact on job performance and daily functioning

  • Settings in which forensic psychologists work include:

    • Private practice

    • State forensic hospitals

    • Court clinics

    • Mental health centers

    • Jails and prisons

    • Juvenile treatment centers

  • Services in these settings often blend evaluation with therapeutic interventions tailored to legal proceedings, e.g.:

    • Treating a psychotic defendant not competent to stand trial using antipsychotic medications

    • Providing competence restoration education about how the criminal justice system operates

  • The work can be emotionally demanding, including exposure to violent offenses described by inmates (e.g., violent crimes against others or against children).

  • The goal remains to balance scientific understanding with practical, ethical courtroom application.

Client identity, confidentiality, and obligations

  • The client for a forensic psychologist is the attorney or the court, not the person being evaluated.

  • This changes confidentiality considerations and other professional obligations, requiring careful navigation of who information can be shared with and under what conditions.

  • Ethical practice calls for transparency about who the client is and the scope of the evaluation.

Civil and family-law applications

  • Civil-forensic work includes:

    • Workers’ compensation assessments

    • Child custody evaluations conducted as court-appointed evaluators

    • Providing guidance to attorneys on trial preparation, including development of direct and cross-examination questions

    • Educating clients about current research on child development and parenting plans (including relocation)

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Forensic neuropsychology and related evaluations

  • Neuropsychologists (e.g., Tussey) are often asked to:

    • Validate amnesia claims related to alleged offenses

    • Assess whether a defendant can be restored to competence to stand trial, especially when dementia or other cognitive issues are present

    • Conduct personal injury evaluations and fitness-for-duty assessments

  • The scope of practice can include:

    • Evaluating how traumatic brain injuries (TBIs) impact functioning and job performance

    • Distinguishing cognitive deficits from other factors in legal contexts

Settings and roles in institutions

  • Forensic psychologists work in a range of settings, including:

    • State forensic hospitals

    • Court clinics

    • Mental health centers

    • Jails and prisons

    • Juvenile treatment centers

  • In addition to evaluations, they may provide therapeutic services tied to the legal process, such as:

    • Competence restoration programs

    • Educational components about the legal system for defendants

Competence, restoration, and clinical challenges

  • A key area is assessing competence to stand trial and determining if restoration efforts are feasible.

  • Restorative strategies can involve education about legal procedures, rights, and how the system operates.

  • Clinicians may encounter cases where mental health conditions (e.g., psychosis, dementia) complicate both the evaluation and treatment processes.

  • Providing accurate testimony requires strong scientific grounding and familiarity with jurisdictional mental health laws.

Training: foundation and pathways

  • Forensic psychology is a specialized field with limited formal training opportunities:

    • Only a handful of doctoral programs specifically offer forensic psychology as a specialty.

    • Many practitioners enter the field with a clinical psychology degree and supplement with continuing education to build expertise.

  • Cautions raised by leading figures:

    • A few individuals with minimal training have begun offering forensic services to supplement income, which is discouraged.

    • The field requires substantial specialized knowledge and experience to practice competently.

  • Core educational considerations include knowledge of jurisdictional requirements and relevant mental health laws, which are not readily learned in short workshops.

  • Recommended steps to build expertise:

    • Seek mentorship and supervision from experienced professionals

    • Engage with professional organizations and pursue leadership roles to gain practical insight and networking opportunities

    • Participate in ongoing education and specialized training beyond one-day workshops

Professional development and mentorship

  • Networking and mentorship are emphasized as essential for preparing for courtroom testimony and building credibility.

  • Strategies include:

    • Joining organizations focused on psychology and law

    • Taking on leadership roles to deepen understanding of the field

    • Building a sponsor/mentorship network to guide career advancement

Important organizations and resources

  • Organizations to contact for foundational education and training:

    • American Psychology-Law Society (APA’s Div. 41)

    • American Academy of Forensic Psychology (education and training arm of the American Board of Forensic Psychology)

  • Certification pathways often involve credentialing beyond doctoral training and may include supervised practice and examinations.

  • For more information and continued reading, refer to the Monitor series and related APA resources (e.g., search for related pieces such as “No Insurance Required”).

Practical implications and takeaways

  • Interdisciplinary collaboration is central: psychology, law, and policy intersect in evaluations and testimony.

  • The courtroom environment demands preparation, credibility, and the ability to withstand cross-examination while maintaining scientific integrity.

  • Ethical practice requires clarity about who the client is, what information can be shared, and how confidentiality applies in civil versus criminal contexts.

  • The field offers diverse opportunities across private practice, public institutions, and civil litigation, with ongoing demand for qualified professionals despite limited formal training pipelines.

Summary connections to broader concepts

  • Forensic psychology exemplifies how empirical science informs legal decision-making and policy.

  • It highlights the importance of evidence-based assessments in high-stakes settings, including risk assessment, competency evaluations, and child custody decisions.

  • The profession underscores the need for robust ethical standards and rigorous training to prevent misapplication or harm in legal outcomes.

References and resources cited in the article

  • Source article: American Psychological Association Monitor (Sept. 2017), “Helping courts and juries make educated decisions” by Amy Novotney, Vol 48, No. 8.

  • Key organizations:

    • American Psychology-Law Society (APA’s Div. 41)

    • American Academy of Forensic Psychology (education and training arm of the American Board of Forensic Psychology)

  • Additional notes:

    • The article discusses the role of funding models (fee-for-service vs. managed care) and the impact on practice.

    • It also mentions a Monitor series titled "No Insurance Required" exploring practice niches with no insurance reimbursement.

  • URL for further reading (as mentioned in the article): https://www-apa-org.ezproxy1.lib.asu.edu/monitor/2017/09/courts-decisions