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)
- 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