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Chapter 19: Forensic Psychology (489) (Forensic Activities of Clinical…
Chapter 19: Forensic Psychology (489)
Definition and History
Forensic psychology: the application of psychological methods and principles within the legal system
clinical psychologists working in forensic settings evaluate criminal defendants' sanity, assess legal competency to stand trial, assess families in child custody disputes, predict dangerousness, serve as expert witnesses, and engage in other interactions with the legal system
there is little consensus about exactly what should be included in the training of a forensic psychologist; some programs offer a few courses while others are focused on forensic psychology and law
psychologists assisted in the courts as early as the beginning of the 1900s but it wasn't until the second half of the century that it became a major subdiscipline within psychology
Hugo Munsterberg: wrote a book called On the Witness Stand which promoted psychology in the legal arena but went further than scientific limits at the time
APA Division 41//professional certificate
Psychologists presented expert advice in the Brown v. Board of Education case
forensic psychologists are placed in the midst of an adversarial relationship between parties at conflict with each other
when conducting assessments, clinical psychologists must be detached, neutral and objective
Forensic Activities of Clinical Psychologists
The most common assessments are in the areas of child custody, competency and presenting evaluations; others include parole decisions, personal injury lawsuits, workers' compensation hearings, preemployment screenings of legal personnel and Social Security disability evaluations
it is important to clarify who the client is, because it may not be the person being assessed
informed consent about the limits of confidentiality must be obtained from the individual being assessed; once a clinical psychologist shares a report, it is out of their hands where it ends up (care is taken to exclude information not relevant or necessary to the reason for assessment to preserve identity and confidentiality as much as possible)
objective tests receive the strongest endorsement from forensic psychologists (projective tests are rated as unacceptable); some tests specific for forensic psychology are being developed
many of the assessment skills are the same for forensic and clinical psychologists, but forensic psychologists also need to: have knowledge of legal issues, address demands of the legal system and have skill related to litigation (involvement in court cases)
malingering: the person being evaluated exaggerates or fakes symptoms in order to achieve some sort of benefit
Predicting Dangerousness: the likelihood that the individual will behave violently or dangerously again in the future, especially when the individual has a history of mental illness in addition aggressive behavior
Clinical prediction methods: assessors use psychological tests, clinical interviews, clinical experience and their personal judgements to make determinations of future dangerousness
Statistical prediction methods (actuarial prediction methods): assessors predict dangerousness according to a statistical or actuarial formula complied from a comparison of an individuals characteristics with known correlations to future dangerousness
factors associated with dangerousness in the empirical literature include age, arrest record, weapon availability, social support, psychological symptoms
Not Guilty by Reason of Insanity
according to the US legal system, an individual who commits crimes should be punished only when the committed the crime of their own free will
if an individual was unable to control their actions due to a mental disorder, they'd be held responsible for the crime but would be found not guilty by reason of insanity
less than 1% of felony jury trials involve the defense and only 25% of those trials result in a positive verdict
this verdict results in institutionalization in a mental hospital instead of being sent to prison, and the length of time is typically the same
M'Naghten test: formal test for insanity, primarily focusing on the cognitive ability of the defendant, and argued that a person was legally insane if they were unable to control behaviors even when a policeman was at their elbow; test was overturned in 1972
American Law Institute Rule: a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law
guilty but mentally ill
Child Custody Evaluations
it is not the parents' interests that are most important in the child custody decisions, they are instead based on the best interest of the child doctrine
guardian ad litem: neutral party appointed to avoid decisions being made by individuals who would have conflicts of interest
psychologists can participate in the process as an evaluator of the parents or children, investigator, expert witness, research scientist or treatment provider
most evaluators include a clinical interview with each parent and the child, an observation of parent-child interaction, psychological testing with the parents, and a review of relevant documents
Competency to Stand Trial
competency doctrine provides for a dignified criminal process and supports Sixth amendment protections
to stand trial, a defendant must have sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and a rational as well as factual understanding of proceedings against him- they must be able to understand the criminal process and be able to function within the process
psychologists may use a clinical interview to assess the clients' and their understanding of the legal system to determine whether they can participate in the legal process in their defense
functional evaluation of competency; competency should be judged relative to the demands of the case at hand
competency evaluations should consider cultural factors that may influence perceived competency
Commitment to Mental Institutions
Civil Commitment: process by which a person is involuntarily hospitalized by civil authorities for the welfare of the person and others
involuntary commitment decisions typically follow a 2 step process in which jurisdictions initially grant emergency admission as determined by a clinician or other authority but judicial approval is required for continued confinement
criteria for involuntary commitment: the individual must have a mental disorder; the person is unable to appreciate the need for treatment because of the disorder; the person must be dangerous to self or others due to the mental disorder; states consider an individual's ability to care for basic needs; commitment must occur in the least restrictive environment
Treatment
treatment is typically focused on short-term goals leading toward the person's reintroduction into society and community-based services or leading towards a trial; individuals incarcerated in the prison system typically have more long-range treatment needs
efforts have been made to develop practice guidelines to provide psychologists guidance on the best treatment options
efforts are typically focused on four basic therapy tasks: crisis management, maintenance, outpatient psychotherapy and targeted programs
crisis management is directed toward managing the crisis and are typically brief, followed by a referral to long-range treatments
Maintenance treatments used with incarcerated individuals are typically directed towards individuals who have more long-standing problems
outpatient psychotherapy typically experiences successes and failures similarly to those of a traditional setting
targeted programs may allow for more contact hours with the clients
reduced recidivism is a primary goal with all treatment options used in a prison population
expert witness: psychologists must be effective advocates for their data, whether or not that makes them effective advocates for the party that calls them to courts
voir dire: the expert's education, training, and professional experiences are examined
expert witnesses can provide both facts and opinions, can make inferences from facts, can provide information about disputed facts, and can help educate the jury or court about scientific information
Daubert standards: the admissibility of evidence or testimony in court is based on its reliability and validity rather than its general acceptance in the field
in the 1960s and 1970s, attitudes and legal opinions grew in support of improving the legal rights of patients; the Supreme Court ruled that having a mental illness was not a sufficient criterion for civil commitment, they must also be considered dangerous
the Supreme Court extended the rights of mental patients to include reasonably safe conditions of confinement, freedom from unreasonable bodily restraints, and such minimally adequate training as reasonably may be required by these interests
clinical psychologists are increasingly employed by law enforcement agencies to perform a variety of duties such as conduct preemployment evaluations on candidates for law enforcement jobs or fitness-for-duty evaluations for current officers whose psychological status is under question