forensic psychology experts

forensic psychology experts

The Role of Forensic Psychology Experts in the Criminal Justice System

1. Introduction to Forensic Psychology

Introduction: The Role of Forensic Psychology

The role of the forensic psychologist is to use his or her experience and expertise to conduct appropriate evaluations and to apply those to the legal system. Not all forensic work involves the criminal section of the law (criminal commitments). Recent reports show that over 10% of divorce (family) cases that list at least one attorney on the first filing contain a forensic evaluation. This is growing as the role of the forensic psychologist is also growing. Other areas of legal commitment are civil law and administrative law.

The Role of the Forensic Psychologist

On some days, the forensic psychologist is an expert witness in court or a jury consultant. In another instance, the forensic psychologist is retained to administer standardized psychological tests. Sometimes the psychologist is the expert in a trial, which is referred to as being in the voir dire. On any other given day, the forensic psychologist could be in the process of screening applicants (e.g., public safety), facilitating training on consultation, or conducting interventions to ameliorate societal problems (e.g., sexual allegations).

2. The Importance of Forensic Psychology in the Criminal Justice System

Including expert witnesses as part of the criminal justice system is a fundamental difference between inquisitorial and adversarial criminal justice systems. Indeed, the adversarial legal framework has emphasized procedural equality, which allows both sides to produce expert witnesses to discuss their forensic findings in front of the court. The presentation of forensic evidence may represent the defense attorney’s last chance to suppress procedural inequality. The main reason is that it is often easier and better to expose and discredit prosecution evidence provided during criminal investigation than to do the same with scientific evidence. However, the adversarial legal framework has also drawn attention to ensuring that expert psychology is disseminated objectively and impartially.

The American Psychological Association has stated that “it is essential that psychologists who act as expert witnesses serve the forensic purpose within the parameters of each expert’s professional knowledge and thus adhere to the rules of the court.” Despite the importance of forensic psychology experts, the jury may have difficulty in understanding the expert witness’s testimony and developing fair and well-thought-out judgments. Furthermore, likely due to jurors’ minimal capacity to critically evaluate expertise testimony and lawyers’ inadequate skills in interrogating experts, the jury may be misled by such evidence.

3. Roles and Responsibilities of Forensic Psychology Experts

Numerous roles and areas of expertise have been identified for forensic psychologists who are trained first as clinical or counseling psychologists. These scholars, researchers, and practitioners bring their special expertise regarding mental health issues that are pertinent to civil and criminal justice entities. Relevant areas include individual and group counseling, adjudicative and administrative due process, and forensic psychological assessment. Perhaps the most important application of clinical and counseling psychology is the knowledge and treatment of persons with mental disabilities, defined as persons who have intellectual or cognitive impairments such as mental retardation, autism, or other pervasive developmental disorders, that are currently diagnosed in the Diagnostic and Statistical Manual; mental illnesses such as schizophrenia, bipolar disorder, or other severe emotional disorders; traumatic and nontraumatic brain injuries; and other severe mental or emotional disorders.

Psychological and educational testing is used to make many critically important civil and criminal justice decisions. The stakes can be very high because such decisions often involve fundamental human values or rights of life, freedom, property, privacy, familial and other significant freedom impingements. Categories of decisions include placement in academic programs, promotion from one academic grade to another, conferring of degrees, granting of school certification for college admission tests, granting of security clearance, entrance into the military, employment or promotion to specific professions, licensing of professionals and businesses, custody and visitation, rights to own and carry firearms, determining whether an appellant can pro se prosecute an appeal from a judgment that finds him or her to be an inadequate parent, etc.

The forensic applications of clinical and counseling psychology expertise include the preparation and/or critique of probation and parole presentence investigations, psycho-educational evaluations, recommended adjustments, recommendation of lesser or greater restriction, family court social investigations, ADA program adjustments, sex offender treatment and supervision, guardianships, establishing standards for who may marry and who may receive marriage-related benefits, facilitating the legal relationships of the LGBTI (being gay, lesbian, or transgendered without suffering discrimination), protecting the safety of society, and other criminal justice activities that aid attorneys and judges who make these critically important decisions.

4. Challenges and Ethical Considerations in Forensic Psychology Practice

3.1 Types of Ethical Considerations

The practice of forensic psychology raises common and unique ethical issues not always confronted by non-forensic practitioners. Several types of dilemmas are particularly relevant when practicing in the criminal justice system. The single forensic-ethical dilemma has long been recognized as relevant to practice. How does one balance the dual role requirements of impartial judgment and advocacy? For example, a common task is to evaluate a defendant’s mental state at the time of the offense and report the results to the court. Ethical principles require the practitioner to “tell the truth,” generally with the implicit expectation that the report will be incriminating. Knowing this, the defense often requests a report in the apparent pursuit of an insanity defense. How does one balance what we accurately know about the defendant’s mental state at the time of the offense, often strong against an insanity defense? On the contrary, when evaluation results are favorable to the defendant, how does one make a reasonably compelling presentation to the trier of fact and still remain impartial and independent from the exploration of the facts that behavioral science principles allow for? These all typify the investigation dilemma, which has also long been recognized as relevant to practice.

Upon conducting an evaluation, an ethically responsible evaluator must determine whether there is a possibility based on strong evidence that the defendant was not of a sufficiently sane mind at the time of the offense. When such evidence is present, one’s role changes from impartial evaluator of the defendant as an expert witness and leads the evaluator to aid the defense in their argument. The need to be accountable to the court and properly dispute factual knowledge violates the traditional and expected impartial role of the forensic practitioner. Finding a reasonable balance is critically important for both the involved parties, as well as for general credibility and for the continued recognition of the profession. Practitioners who err too far in the direction of advocacy lose their most potent asset, essential credibility within the legal system as an expert who bases their opinion on scientific facts. While the individual practitioner may be pleased with what they construe as their personal accomplishments, functioning only as an advocate in custody evaluations, competence determinations, or any other forensic role ultimately undermines a much larger systematic good. Another issue that particularly confronts family court practitioners revolves around losing one’s credibility and respect when one’s role during other fact-finding activities not typically connected to criminal investigations.

5. Future Directions and Innovations in Forensic Psychology

Certainly, the field of forensic psychology has a bright future as it continues to expand in the following areas. First, we need to define forensic psychology. And as discussed, the role of the forensic psychology expert is constantly evolving. But following the traditional definition of forensic psychology, the field is currently relevant in testifying in court or conducting research on numerous issues related to the intersection of psychology and the criminal justice system. Topics of forensic importance include such areas as eyewitness identification, jury selection, effectively working with minority defendants, treating people in the criminal justice system, accurately profiling criminals, eliciting reliable confessions, understanding the effects of substance abuse, assessing dangerousness, assessing moral and political beliefs, and capital jury decision-making.

Future directions and innovations in forensic psychology include expanding the field, addressing cultural diversity, and increasing research and practice in forensic areas. In addition, the field needs to improve credibility and reliability, and the training and preparation of forensic experts. In addressing gaps and limitations in the forensic psychology area, subjects that will be addressed in this chapter include why it is necessary to define the field of forensic psychology. The chapter will provide an overview of the field of forensic psychology, give some evidence on what forensic psychology is, and the social significance of forensic psychology.