Chaoter 14 Forensic Psychology Study Notes

Forensic Psychology Study Notes

Contents

  • The Scope of Forensic Psychology

  • Criminal Competence and Responsibility

  • Assessing Psychological Status in Civil Cases

  • Psychological Autopsies and Criminal Profiling

  • Child Custody and Parental Fitness

  • Mental Health Experts in the Legal System

The Scope of Forensic Psychology

  • Forensic psychology involves the application of psychological principles and knowledge to legal issues and proceedings.

  • Forensic psychologists help determine:
      - Competence to stand trial.
      - Insanity at the time of a crime.
      - Threat level of individuals to themselves or others.

  • In civil cases, they assess:
      - Psychological impact of stress, injuries, and traumatic events.
      - Psychological evaluations in custody and divorce cases.

  • Forensic psychology has seen significant growth:
      - Over 400% increase in doctoral degrees awarded in forensic psychology from 2008 to 2017.
      - 3,000+ members in the American Psychology-Law Society.
      - Numerous specialized journals and degree programs related to forensic psychology.
      - Recognized as a specialty by the APA in 2001.

Criminal Competence and Responsibility

Overview

  • Focuses on the mental competence of defendants to assist in their defense.

  • Defendants must understand their legal proceedings and the nature of the charges against them.

  • Examples:
      - Jared Lee Loughner Case (2011): Found incompetent to stand trial due to schizophrenia. Sent for treatment instead of trial.
      - Ahmad Al Ali Al-Issa Case (2021): Also ruled incompetent due to paranoid delusions after a mass shooting, resulting in treatment.

Legal Standards for Competence

  • Established by the Dusky Rule in 1960:
      - Evaluates a defendant's ability to consult with their lawyer and rationally understand the legal proceedings.

  • Must maintain competence during:
      - Trial
      - Sentencing
      - Execution

  • Evaluated by forensic psychologists who use:
      - Structured tests (Competence Screening Test, MacArthur Competence Assessment Tool).
      - Interviews and observations of behavior.

Insanity Defense

  • Definition: Not guilty by reason of insanity (NGRI) if a defendant cannot comprehend the wrongfulness of their actions due to mental illness.

  • Variations in states regarding the burden of proof for insanity claims.

  • Historical context: M'Naughton Rule established the legal standard for insanity in 1843.

  • Case example: Charles Sell, who was charged with fraud and became a case regarding forced medication to restore trial competence.

Assessment of Dangerousness

  • Risk evaluations are significant in determining if a defendant poses a threat to self or others.

Assessing Psychological Status in Civil Cases

Overview of Civil Cases

  • Forensic psychologists assess psychological damage in cases involving:
      - Tort actions.
      - Workers' compensation claims.

  • Evaluate whether psychological conditions were caused by or exacerbated by the incident in question.

Procedures

  • Evaluations typically include:
      - Social history and clinical interviews.
      - Psychological testing and review of records.

  • Types of claims:
      - Physical-Mental: Resulting psychological issues from physical injuries.
      - Mental-Mental: Psychological issues rising from traumatic events or workplace stress.
      - Mental-Physical: Stress causing physical ailments, though assessments are rare.

Psychological Autopsies and Criminal Profiling

Psychological Autopsies

  • Utilized to determine cause of death (suicide, homicide, or accident).

  • Conducted based on interviews with acquaintances and review of personal records.

  • Used in:
      - Life insurance disputes.
      - Workers' compensation cases.
      - Legal arguments in homicide cases.

  • No standard format exists, but the assessments must be comprehensive.

Criminal Profiling

  • Profiling aids law enforcement to infer characteristics of a criminal based on behavior and patterns observed in crime scenes.

  • FBI Behavioral Analysis Unit has expanded its role to include various crimes.

  • Concerns about the accuracy of profiling based on subjective interpretations rather than empirical science.

Child Custody and Parental Fitness

Child Custody Evaluations

  • As parental divorces rise, mental health professionals conduct custody evaluations to determine the best interests of children.

  • Evaluations assess:
      - Parenting abilities and family dynamics.
      - Recommendations for joint vs. sole custody arrangements.

  • Joint custody arrangements tend to lead to better emotional and psychological outcomes for children compared to sole custody.

Parenting Coordination and Mediation

  • Increasing focus on helping parents co-parent effectively post-divorce and reduce adversarial conflicts.

  • Studies indicate mediation can lead to more positive long-term outcomes compared to litigation.

Termination of Parental Rights

  • In severe cases, courts may terminate parental rights if deemed detrimental to the child.

  • Evaluations must adhere to state criteria for parental fitness, which can include issues such as abandonment, abuse, and mental illness.

Mental Health Experts in the Legal System

Role of Expert Witnesses

  • Clinical psychologists often appear as expert witnesses across various legal matters:
      - Competence evaluations
      - Tort cases
      - Child custody assessments

  • Requires knowledge of purpose, methods, and empirical support behind testimony.

Challenges and Improvements

  • Concerns about reliability and appropriateness of psychological testimony:
      - Calls for clearer scientific standards and the development of specialized guidelines.

  • Suggested reforms include reducing adversarial approaches and limiting the number of expert witnesses to enhance clarity.

Chapter Summary

  • Forensic psychology encompasses the intersection of psychological science and the legal system.

  • Clinicians are involved in criminal competence evaluations, psychological assessments in civil cases, and custody determinations.

  • The impact of reforms and the evolving role of mental health professionals continue shaping the legal landscape.

Advantages of Forensic Psychology

  • Provides crucial insights into the psychological state of defendants, helping to ensure fair trial processes.

  • Assists in evaluating the mental competence of individuals in legal settings, which can lead to more appropriate legal outcomes.

  • Contributes to understanding criminal behavior, aiding in prevention and intervention efforts.

  • Enhances assessments in civil cases, offering clarity on psychological impacts of incidents.

  • Plays a role in child custody evaluations, guiding judges toward decisions that are in the best interests of children.

Disadvantages of Forensic Psychology

  • The subjectivity of psychological assessments can lead to inconsistent conclusions.

  • Ethical dilemmas may arise regarding confidentiality and the role of psychologists as both assessors and advocates.

  • Variability in state laws regarding standards for assessments can create disparities in legal proceedings.

  • Possible reliance on overgeneralized profiles in criminal profiling, which may not accurately depict individuals.

  • Challenges regarding the adequacy of empirical support for certain psychological testimony in court, potentially undermining its value.

Notes

  1. Mainly supported by case studies

  2. Rates of error are high

What can effect competence:

  • iq

    • Psychosis

    • Cultural understanding

    • Organic brain processes

    • Age repeated cognitive processes

Mitigation: giving reasons of why they acted t

Assessment risk

    • Forensic social workers