Forensic Psychology and the Criminal Justice System

Forensic Psychology: Scientist Practitioners

  • Forensic psychologists apply psychological knowledge, theory, and skills to:
    • Understanding the legal system.
    • Understanding the criminal justice systems.
    • Functioning within these systems.
    • Conducting research in relevant areas.

Role of Psychology in Court

  • Clinical Role:
    • Assessing mental state.
    • Evaluating the ability of a person to participate in a trial.
  • Experimental Role:
    • Conducting research to inform the court.
    • Communicating research to help answer specific questions.
  • Actuarial Role:
    • Prediction of behaviors.
    • Example: Risk assessment - determining how dangerous a person is and the likelihood of future violence.

Historical Context

  • 1980s: Forensic and criminal psychology became significantly integrated into court practices.
  • Earlier centuries: Issues of diminished responsibility and fitness to stand trial began to emerge, prompting the involvement of psychologists.

Overview of the Criminal Justice System

  • Sequence of Events:
    • Crime Committed.
    • Crime Detected: Either noticed by police or reported to them. Many go undetected.
    • Police Decision: Whether to arrest someone (immediately or later).
    • Police Decision: Whether to lay charges (based on sufficient evidence for conviction).

Alternative Dispositions (New Zealand Example)

  • Te Pai Oranga:
    • An alternative course of action for low-level offending.
    • Aimed at addressing underlying issues driving offending.
    • Iwi community panel: Uses traditional approaches informed by tikanga Maori.
    • Addresses issues such as: Substance use, homelessness, or lack of employment.
    • Plan Development: The iwi community panels create a plan tailored to prevent future offenses by addressing underlying issues.
    • Plan Completion: Successful completion results in the process being finished.
    • Non-Completion: Referral back to the traditional justice system and charges are laid.
    • Still has accountability: Offers an alternative resolution while maintaining accountability.

Charges and Remand

  • Charges Laid:
    • Remand in Custody: Imprisonment before sentencing.
    • Remand on Bail:
      • Specific address.
      • Electronically monitored bail: GPS bracelet.

Trial and Sentencing

  • Trial Process: Follows the laying of charges.
  • Outcome: Conviction or no conviction.
  • Sentencing: Determining appropriate penalty or punishment after a conviction.