Forensic psychology

Template:Short description Template:Sidebar with collapsible listsForensic psychology is the application of scientific knowledge and methods (in relation to psychology) to assist in answering legal questions that may arise in criminal, civil, contractual, or other judicial proceedings.<ref>Template:Cite book</ref><ref name="Brown-2010">Template:Cite book</ref><ref name="Neal-2018">Template:Cite journal</ref> Forensic psychology includes research on various psychology-law topics, such as: jury selection, reducing systemic racism in criminal law between humans, eyewitness testimony, evaluating competency to stand trial, or assessing military veterans for service-connected disability compensation.<ref>Template:Cite journal</ref> The American Psychological Association's Specialty Guidelines for Forensic Psychologists reference several psychology sub-disciplines, such as: social, clinical, experimental, counseling, and neuropsychology.<ref name="American Psychological Association-2013">Template:Cite journal</ref>

History

Early Foundations

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Lie detector security screening at the Clinton Engineer Works

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Front cover of an early edition of Hugo Muensterberg's "On the Witness Stand" book

As early as the 19th century, criminal profiling began to emerge, with the Jack the Ripper case being the first instance of criminal profiling, by forensic doctor and surgeon Thomas Bond.<ref>Template:Cite book</ref> In the first decade of the 20th century, Hugo Münsterberg, the first director of Harvard's psychological laboratory and a student of Wilhelm Wundt, one of the first experimental psychologists,<ref name="Brown-2010" /><ref name="Kim 2016">Template:Citation</ref> authored On the Witness Stand.<ref name="Brown-2010" /><ref name="Münsterberg 1908">Template:Cite bookTemplate:Page needed</ref> In the publication, Münsterberg attempted to demonstrate how psychological research could be applied in legal proceedings.<ref name="Vaccaro-2004">Template:Cite journal</ref> Sigmund Freud also discussed how psychopathological processes play a role in criminal behavior.<ref name="Brown-2010" /> Other significant early figures in forensic psychology include Lightner Witmer, and William Healy.<ref name="T. 2014">Template:Cite bookTemplate:Page needed</ref>

Adoption of Tools and Legal Practices

In 1917, the lie detector was invented by the psychologist William Marston.<ref name=":03">Template:Cite book</ref><ref>Template:Cite journal</ref> Six years after its invention, Marston brought his lie detector to court in the case of Frye v. United States at the request of James A. Frye's attorneys, who hoped Marston's device would prove their client's innocence. The results were not deemed admissible, due to lie detection not being widely accepted in the scientific community. This led to the creation of the Frye standard, which states scientific evidence is only admissible when it has prominent standing within the scientific community.<ref>Template:Cite journal</ref>

The 1954 case of Brown v. Board of Education of Topeka,<ref>Template:Cite web</ref> was the first where the Supreme Court of the United States referenced expert opinions by psychologists.<ref name="Varela-2012">Template:Cite journal</ref> After this, the preponderance of psychological mechanisms within courtrooms began to be considered beneficial.<ref name="Varela-2012" /> Several years after the Brown ruling, Justice David Bazelon of the D.C. Circuit Court of Appeals ruled that psychologists had the legal authority to testify as medical experts about mental illness.<ref name="Neal-2018" /><ref name="Varela-2012" /><ref>Template:Cite web</ref>

In 1993, the case of Daubert v. Merrell Dow Pharmaceutical<ref>Template:Cite web</ref> introduced the standard of admissibility when an expert witness is on the stand. The case started after the parents of Jason Daubert and Eric Schuller, sued Merrell Dow Pharmaceuticals after their children were born with serious birth defects due to a drug called Bendectin. After moving the case to federal court, then Merrell Dow moved for summary judgement when they submitted documents show that there was no published scientific study demonstrating any links between the drug Bendectin and birth defects. Then Daubert and Schuller submitted expert evidence as well, showing that Bendectin did cause birth defects, based on in vitro and in vivo animal studies, pharmacological studies and reanalysis of other published studies. At the time of the case these methodologies of evidence were not considered to be acceptable. The summary judgement was granted to Merrell Dow, the parents appealed to the Ninth Circuit. The Ninth Circuit had only granted summary judgment because the plaintiffs' proffered evidence that were accepted as a reliable technique by scientist. The reason it was granted to Merrell Dow was because at the time of the case the Frye standard was considered the correct standard of evidence. This Daubert standard eventually became the standard used by the U.S. Supreme Court. The standard is considered to be a part of the Federal Rules of Evidence, this also includes the admissibility of evidence as well. The Supreme Court reversed, and remanded the case to the Ninth Circuit Court of Appeals. Through the remand, the court was able to analyze the evidence presented under the new standard and decided to uphold the district court's original grant of summary judgement for the defendant.<ref>Template:Citation</ref> Because of this case ruling the Daubert standard was considered by the U.S. Supreme Court, the old Frye standard while being used more by most states, has been slowly overturned and no longer referencing to it.

Field Recognition

File:The American Psychological Association headquarters in Washington, D.C.jpg

The American Psychological Association headquarters in Washington, D.C.

In 1969, the American Psychology–Law Society was founded, later being converted into Division 41 of the APA in 1980.<ref name="Varela-2012" /> As the field continued to grow, more organizations supported the application of psychology to the law. In 1976, the American Board of Forensic Psychology was chartered, eventually becoming part of the American Board of Professional Psychology in 1985.<ref name="Varela-2012" /> Organizations and conferences later aided in solidifying the development of forensic psychology, such as the American Academy of Forensic Psychology and the National Invitational Conference on Education and Training in Forensic Psychology.<ref name="Varela-2012" /><ref>Template:Cite journal</ref> By 2001, forensic psychology was recognized as a professional specialty by the .<ref name="Varela-2012" />

Research Advancement

Modern forensic psychological research applies psychological methodology to legal contexts. In the 1980s, Saul Kassin, a psychology professor at the John Jay College of Criminal Justice in New York, published a series of papers on false confessions. One of Kassin's articles was instrumental in overturning the convictions of five boys who had been falsely convicted of the rape of a jogger.<ref>Template:Cite journal</ref> At the University of Liverpool, David V. Canter is credited with the creation of the term investigative psychology, a sub-specialization of forensic psychology that pertains to of criminal behavior and the investigative process.<ref name=":03" /> Through the psychological profiling of the Railway Rapists, Canter assisted in the capture of the killers.<ref>Template:Cite web</ref> The 20th-century psychologist William Stern, conducted numerous experiments on eyewitness testimony, credibility, consistency, and the influence of leading questions in court.<ref>Template:Cite journal</ref><ref>Template:Cite journal</ref>

Involvement in Pop Culture

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Kris Mohandie, Derrick Levasseur discussing "Breaking Homicide" on the Valder Beebee Show

Recently, forensic psychology has grown in popularity in the media. For example, many recent docuseries on Netflix feature forensic psychological content, including Making a Murderer and Sins of our Mother. Other TV shows and movies such as Criminal Minds, Manhunter, Mindhunter, and Silence of The Lambs have widely popularized the practice of criminal profiling, particularly within the Federal Bureau of Investigation's (FBI) Behavioral Analysis Unit (BAU).<ref name="apa.org">Template:Cite news</ref> One example of a highly publicized case that used forensic psychology was Ted Bundy's sentencing.<ref>Template:Cite web</ref> In 1980, he went to trial and was evaluated by multiple psychology professionals to determine his ability to stand before the court.<ref name=":0">Template:Cite journal</ref> The results from the multiple psychologist evaluations determined that Ted Bundy was fit to stand before the court.<ref name=":0" />

Training and education

Forensic psychology involves both elements of basic as well as applied work. Forensic psychologists may hold a PhD or Psy.D. in clinical psychology, counseling psychology, social psychology, organizational psychology, school psychology, or experimental psychology.<ref name="Ward-2013">Template:Cite web</ref> There are no specific license requirements in the United States to be a forensic psychologist, although U.S. states, territories, and the District of Columbia require licensure for psychologists in the state they intend to practice.<ref name="Brown-2010" /> Certification specifically in forensic psychology is also available.<ref name="Brown-2010" />

There are 67 forensic psychology degree programs offered in the US. Average tuition cost for an undergraduate is $7,687 in-state and $26,401 out-of-state. For a graduate, the average tuition cost is $11,167 in-state and $20,272 out-of-state.<ref>Template:Cite web</ref>

A recent field survey of U.S. forensic psychologists found that most practitioners were mid-career, White, and female. Many respondents reported carrying student loan debt, and the study revealed gender-based and role-based pay disparities.<ref>Template:Cite journal</ref> There is a wide range of pay for individuals in the forensic psychology field.<ref name="www.zippia.com-2020">Template:Cite web</ref> In the United States, the median annual income of clinical-forensic psychologists is $125,000 - $149,999, and the pay can range from $50,000 (entry-level) a year to more than $350,000 a year.<ref name="Neal-2022">Template:Cite journal</ref>

As of 2023, the U.S. Bureau of Labor Statistics, has seen a 7% rise in psychologist employment, which is faster than average, and there has been 207,500 new jobs for psychologists.<ref>Template:Cite web</ref>

Practice and research in forensic psychology

Forensic psychology may be utilized in five major areas (police and public safety, law, crime and delinquency, victimology and victim services, and corrections) and two sub-areas (family and schools).<ref name=":03"/>

Practice/direct service

Forensic psychologists complete evaluations and assessments to assess a person's psychological state for legal purposes.<ref>Template:Cite book</ref><ref>Template:Cite book</ref> Reasons for completing these evaluations can involve acquiring information for criminal court (such as insanity, incompetence), sentencing; family court (including child custody or parental termination cases), or civil court (involving, for example, personal injury, competence to manage one's financial affairs, and psychological autopsies especially as related to testamentary capacity).<ref name="Fulero-2009">Template:Cite book</ref><ref>Psychiatric Autopsy - Tool for Death Investigation-by Shaijan C. George BSc, LL.M, 2018(5)KHC J-65Template:Verify source</ref> Additional assessments that these professionals can perform include school threats.<ref name="Ward-2013" /> Forensic psychologists also usually have to participate in court as a witness and assist judges, attorneys, or other court personnel in legal matters. This gives them the opportunity to help out as much as they can.<ref>Template:Cite web</ref> Often times, their roles are evaluating the evidence, reviewing research, and advising on best practices.<ref name=":5" /> There is great debate about whether these Forensic Psychological evaluations constitute as health care treatment, with most arguments claiming they do not.<ref>Template:Cite journal</ref> A forensic psychologist is responsible for assessing and reporting results of an evaluation, but does not make decisions on "ultimate issues", such as competence to stand trial or service-connected disability for U.S. military veterans.<ref name="jaapl.org" /><ref name="Beltrani-2015">Template:Cite journal</ref> Instead, the information provided by the expert evaluator is analyzed and is ruled on by the court which ordered the evaluation to take place.<ref name="Beltrani-2015" /> Recent research shows a trend toward using structured assessment tools in criminal responsibility evaluations. A study in Norway found that use of formal tools increased significantly over time, peaking at 58%, though it later declined slightly. These tools were closely linked to decisions regarding mental illness and legal responsibility.<ref>Template:Cite journal</ref>

Treatment

Forensic psychologists may be asked to administer psychological interventions to those requiring or requesting services in both criminal and civil cases. Regarding criminal cases, forensic psychologists can work with individuals who have already been sentenced to reduce the likelihood of repeating their offense. Other treatments are frequently put together in these case, especially for substance use disorder, sex offenders, mental illness, or anger management.<ref name="Fulero-2009"/> As for civil proceedings, forensic psychology treats families going through divorce cases, custody cases, and psychological injuries due to trauma. Treatment often occurs in forensic and state psychiatric hospitals, mental health centers, and private practices.<ref>Template:Cite book</ref>

Consultations

Providing consultations allows forensic psychologists to apply psychological expertise and research to help law enforcement, attorneys, and other legal professionals or proceedings better understand human behavior (e.g. criminal, witness, victim, jury), civil processes, effects of trauma or other life events, and so on.<ref name=":2">Template:Citation</ref> If working as a consultant, a forensic psychologist can be involved in legal proceedings through responsibilities such as reviewing court records (such as a defendant's psychosocial history or assessing mitigating or aggravating factors in a case), serving as a jury consultant (organizing focus groups, shadow juries, mock juries, or helping with the voir dire proceedings), and assessment without testimony (in which results of a defendant's evaluation are not disclosed to the prosecution team, allowing the defense team to develop a defense strategy), among others.<ref name=":2" /><ref>Template:Cite web</ref> Essentially, consultations can take many forms, including the common ones below:

1. Law enforcement consultations may take the form of assisting with criminal profiling, developing hiring procedures and methods, determining the psychological fitness of returning officers, or simply lending expertise on certain criminal behaviors.<ref name="apa.org" /><ref name="Louw-2015">Template:Cite book</ref> There are several methods and approaches related to criminal profiling, but there is a lot of skepticism and criticism about the efficiency and accuracy of criminal profiling in general.<ref name="Louw-2015" /><ref>Template:Cite web</ref> A couple common approaches are the scientific approach, which includes the FBI's Crime Scene Analysis and Canter's Investigative Psychology, and the intuitive approach, which includes Tukey's Behavioral Evidence Analysis.<ref name="Fulero-2009" /><ref>Template:Cite book</ref><ref>Template:Cite book</ref><ref>Template:Cite book</ref>
2. Trial consultants are psychologists who work with legal professionals, such as attorneys, to aid in case preparation. This includes jury selection, development of case strategy, and witness preparation.<ref name="Textbook3">Template:CitationTemplate:Page needed</ref><ref>Template:Cite bookTemplate:Page needed</ref> Forensic psychologists working as trial consultants rely on research to best advise the individuals they are working with. Because trial consultants are often hired by one specific side in a trial, these psychologists face many ethical issues. It is the psychologist's responsibility to remain neutral when consulting. In other words, the consultant must not choose a side to support and consequentially omit or create information that would be beneficial to one side or another. In a study of forensic psychologists, many acknowledged that emotional reactions or subtle pressures from clients could introduce bias into their evaluations. Strategies like peer consultation and checklists were reported as ways to maintain objectivity in such high-stakes settings.<ref>Template:Cite journal</ref> Before accepting a case to work on, the forensic psychologist weighs the responsibilities of consulting on that case with the ethical guidelines put in place for the field of forensic psychology.<ref name="American Psychological Association-2013" />

Expert testimony about matters relating to psychology is also an area in which forensic psychologists play an active role.<ref name="Line-2022">Template:Cite book</ref><ref name="Fulero-2009" /> Unlike fact witnesses, who are limited to testifying about what they know or have observed, expert witnesses can express further knowledge of a situation or topic because, as their name suggests, they are presumed to be "experts" in a certain topic and possess specialized knowledge about it.<ref>Template:Cite book</ref> The requirements that must be met for forensic psychologists to be considered expert witnesses include clinical psychology expertise and knowledge of the laws that have jurisdiction over the court they are to testify.<ref>Template:Cite book</ref> Procedural and legal rules guide expert testimony, including that the evidence must be relevant to the case, the method the expert used must be valid and reliable, and that the evidence will help the trier of fact.<ref name="Line-2022" /> An expert can be deposed by opposing counsel to discover what they plan to say in court. Attorneys have the opportunity to raise a challenge to the admissibility of the expert's testimony if there are questions about its relevance, or its validity and reliability (in the United States - the rules vary by country and jurisdiction).<ref name="Line-2022" /> Regardless of who calls in the expert, it is the judge who determines whether or not the expert witness will be accepted through a voir dire process of qualification.<ref name="Louw-2015" />

Research

Forensic psychology researchers make scientific discoveries relevant to psychology and the law and sometimes provide expert witness testimony.<ref name="Fulero-2009"/><ref name="Neal-2018" /> These professionals usually have an advanced degree in psychology generally a PhD or similar. These professionals may be employed in various settings, such as: colleges and universities, research institutes, and government, private, or mental health agencies.<ref name="Handout2">Template:Citation</ref> Researchers test hypotheses empirically regarding issues related to psychology and the law, such as jury research and research on mental health law and policy evaluation.<ref name="Handout2" /> However, recent reviews of forensic psychiatric research raise concerns about transparency in sampling and participant recruitment. Many studies fail to report how subjects were selected or whether samples reflect the broader population.<ref>Template:Cite journal</ref> Their research may be published in forensic psychology journals such as Law and Human Behavior or Psychology, Public Policy, and Law, and more broadly, in basic psychology journals. Some famous psychologists in the field include Scott Lilienfeld, who was widely known for his scholarship on psychopathology and psychopathy; Saul Kassin, who is known for studying false confessions; Jennifer Skeem, who is known for studying justice-involved people with mental illness; Michael Saks, who is known for his contributions to jury research and improvements to forensic science; Barbara Spellman, who is known for her cognitive psychology-law work as well as for her open science leadership; and Elizabeth Loftus and Gary Wells, who are both known for their research on eyewitness memory.

Education

Academic forensic psychologists teach, research, train, and supervise students, among other education-related activities. These professionals also have an advanced degree in psychology (most likely a PhD) and are most often employed at colleges and universities. In addition to holding professorships, forensic psychologists may engage in education by presenting research, hosting talks about a particular subject, or engaging with and educating the community about a relevant forensic psychology topic.<ref name="Fulero-2009"/>

Advocacy

Through advocacy, forensic psychologists can use psychological research to influence laws and policies. These may be related to certain movements, such as Black Lives Matter or the Me Too movement, or may even be related to certain civil rights that are being overlooked.<ref name="John Wiley & Sons, Inc-2013" />

Forensic psychological evaluations

Common types of evaluations

Forensic assessments of competencies

Competence, in a legal setting, refers to the defendant's ability to appreciate and understand the charges against them and what is happening in the legal proceedings, as well as their ability to help the lawyer understand and defend their case.<ref name="Louw-2015"/> Though it is the psychologist's responsibility to assess for competence, it is ultimately up to the judge to decide whether the defendant is competent or not. If the defendant is found incompetent to stand trial, the psychologist must then give a recommendation on whether or not the defendant can be restored to competence through treatment or if the charges should be dropped completely due to incompetence. Potential causes of incompetence include brain damage, the occurrence of a psychotic episode, a mental disorder, or a developmental disability.<ref name="Goldwaser-2018">Template:Cite book</ref><ref name="jaapl.org">Template:Cite journal</ref><ref>Template:Cite web</ref>

Multiple cases have helped define competence. In Dusky v. United States (1960), the case upheld the Youtsey v. United States ruling and set specific criteria for competence. These include having a rational and factual understanding of court proceedings and being able to consult with an attorney in a rational manner.<ref name="melton19972">Template:Cite book</ref>

Forensic assessment of insanity

Insanity, as opposed to competence, refers to an individual's mental state at the time of the crime rather than at the time of the trial.<ref name="Fulero-2009"/><ref name="Louw-2015"/> According to legal principles of insanity, it is only acceptable to judge, find someone criminally responsible, and punish a defendant if that individual was sane at the time of the crime. In order to be considered sane, the defendant must have exhibited both mens rea and actus reus. Mens rea, translated to "guilty mind", indicates that the individual exhibited free will and some intent to do harm at the time of the crime. Actus reus refers to the voluntary committing of an unlawful act.

The insanity defense acknowledges that, while an unlawful act did occur, the individual displayed a lack of mens rea.<ref name="melton19972" /> The burden of proof in determining if a defendant is insane lies with the defense team. A notable case relating to this type of assessment is that of Ford v. Wainwright, in which it was decided that forensic psychologists must be appointed to assess the competency of an inmate to be executed in death penalty cases.<ref>Template:Cite book</ref><ref>Template:Cite web</ref>

There are various definitions of insanity acknowledged within the legal system.<ref name="Fulero-2009"/> The M'Naghten/McNaugton rule (1843) defines insanity as the individual not understanding the nature and quality of his or her acts or that these acts were wrong due to a mental disease or defect. This is also referred to as the cognitive capacity test. Meanwhile, the Durham Test (established in Durham v. United States, 1954) states that one can be declared insane if the actions were caused by a mental disorder. The vague nature of this description causes this definition to only be used in one state (New Hampshire). The final definition acknowledged within the courts is the Brawner Rule (U.S. v. Brawner, 1972), also referred to as the American Law Institute Standard. This definition posits that, due to a mental disease or defect, an individual is considered insane if unable to appreciate the wrongfulness of an act and are unable to conform their behavior to the dictates of the law.<ref name="melton19972" />

Evaluating insanity involves using crime scene analysis to determine the mental state at the time of the crime, establishing a diagnosis, interviewing the defendant and any other relevant witnesses, and verifying impressions of the defendant.<ref name="John Wiley & Sons, Inc-2013">Template:Cite book</ref>

Criteria for insanity can vary by state.

Violence risk assessment

Violence risk assessment evaluates how dangerous an individual is and the risk of them re-offending, also referred to as recidivism.<ref name="Melton">Template:Cite book</ref> Risk assessments are used in sentencing and affect the possibility of an inmate receiving parole or being released from prison.<ref name="Melton"/> If someone poses a higher risk to others, that person would require intensive supervision and possible treatment.<ref name=":4">Template:Cite journal</ref> If someone poses a lower risk, it is likely they will avoid the intensive services. Imposition of the death penalty often requires a consideration of "future dangerousness," for which risk assessment can play a vital role.<ref name="Melton" />

Although there are many advocates for the use of risk assessment in sentencing, there are others who question whether risk assessments are accurate enough to be relied upon when making these consequential legal decisions.<ref name="Melton" /> Understanding future behavior is a risk in its own because "risk" cannot be exact and is determined by the situation.<ref name=":4" /> There is a wide research literature on risk assessment, but the information is varied and sometimes contradictory, and bias can play a role in risk assessment.<ref name="Melton" />

• Types of violence risk assessments. There are several different methods of risk assessment, the main five of which are unstructured clinical assessment, anamnestic assessment, structured professional judgment, actuarial assessment, and adjusted actuarial assessment.<ref name="Melton" />
  • Unstructured clinical assessment is a form of risk assessment in which the forensic examiner or clinician decides both what information to use and how to use it to determine risk based on their clinical judgment.<ref name="Melton" /> The information used in these types of assessments tends to come from in-depth interviews with the examinee, as well as collateral interviews with known personal contacts, the results of psychological testing, and historical records.<ref name="Melton" /> Because these assessments rely heavily on the individual clinician's judgment, the interrater reliability for this method of assessing risk tends to be low. According to most research on predictive validity, unstructured clinical assessment is less accurate at predicting risk than other, more structured methods<ref>Template:Cite journal</ref> (though there have been some issues raised with the evidence supporting this claim<ref>Template:Cite journal</ref>).
  • Anamnestic assessment is another type, which is a form of clinical risk assessment that is focused on risk factors specific to the individual being examined.<ref name="Melton" /> This type of risk assessment tends to be used for assessing violence risk, and relies heavily on an examinee's past history of violent behavior to identify risk factors for that individual behaving aggressively again, rather than risk factors for violence in general.<ref name="Melton" /> Because these risk assessments are based on clinical interviews and tailored to the individual in question, they can be useful for determining ways to reduce an individual's violence risk, but they suffer from the same limitations as general unstructured clinical assessment in terms of interrater reliability.<ref name="Melton" />
  • Structured professional judgement (SPJ) is similar to unstructured clinical assessment in that the examiner still makes the final decision about risk, but it is more structured because these tools give the examiner specific, empirically based factors to focus on when assessing risk.<ref name="Melton" /> Because of the more structured nature of these assessments, the interrater reliability of risk assessments done using these tools tends to be higher than that of those done using completely unstructured clinical assessment,<ref name="Melton" /> and some argue the accuracy is higher than other types of assessment including actuarial methods, but there are questions about the legitimacy of these claims.<ref>Template:Cite journal</ref> Bias in forensic assessment may also arise from contextual influences found that even trained graduate students altered their interpretation of identical test data depending on case narratives, demonstrating that judgment can be unintentionally skewed by case details unrelated to the actual assessment results.<ref>Template:Cite journal</ref> Additionally, because most actuarial risk assessment tools are based on static (or unchanging) risk factors, SPJ tools tend to be better at identifying dynamic risk factors (which can be changed), and thus can be more useful in treatment settings than actuarial assessments.<ref name="Melton" />
  • Actuarial risk assessment is a more objective method of risk assessment that involves structured tools and algorithms that combine certain risk factors to produce a risk score or rating.<ref name="Melton" /> The algorithm tells evaluators both which factors to pay attention to and how to weigh and combine them to produce the risk score.<ref name="Melton" /> The risk factors included in actuarial tools are empirically linked to violence or recidivism risk and tend to be more static (permanent, unchanging) than dynamic (changeable).<ref name="Melton" /> Because actuarial risk assessment tools provide the most guidance and involve the least amount of clinician judgment, they tend to have higher interrater reliability and to be more accurate than unstructured clinical assessment.<ref name="Melton" /> Two example actuarial tools for assessing violence risk are the Violence Risk Appraisal Guide (VRAG)<ref>Template:Cite journal</ref> and the Classification of Violence Risk (COVR).<ref>Monahan, J., Steadman, H., Appelbaum, P., Grisso, T., Mulvey, E., Roth, L., et al. (2005). COVR classification of violence risk. Lutz, FL: Psychological Assessment Resources.</ref><ref name="Melton" /> An example actuarial tool for assessing sexual recidivism risk is the Static-99 Revised (Static-99R).<ref>Template:Cite journal</ref><ref name="Melton" />
  • Adjusted actuarial risk assessment is a combination of unstructured clinical assessment and actuarial risk assessment.<ref name="Melton" /> In adjusted actuarial assessment, evaluators use an actuarial method to determine risk, and then adjust the score produced by the algorithm based on their own clinical judgment.<ref name="Melton" /> This type of risk assessment is meant to make actuarial instruments more flexible and adaptable to the facts of a specific case; however, supporters of the actuarial technique tend to criticize this method as forgoing the main benefit of actuarial risk assessment—the lack of subjectivity—by reintroducing clinician judgment after a risk assessment score has been calculated.<ref name="Melton" /> A study of over 1,000 justice-involved youth found that those with high levels of mental health symptoms were also more likely to show multiple violence risk factors. The research identified distinct symptom profiles, suggesting a need for more tailored risk assessment and treatment in juvenile justice settings <ref>Template:Cite journal</ref>
• Thirty-one meta-analysis studies have been performed to understand if one assessment tool is more accurate than the other. With over 45,673 risk assessments, findings showed structured tools significantly outperformed unstructured in determining violence risk. The most recent studies began in 2014 with those in the field calling it the "era" of risk assessment. As it's become more popular, the rise of debate has grown increasingly.<ref name=":4" />

Other types of evaluations

While insanity and competency assessments are among the most common criminal assessments administered within the legal system, there are several other types implemented. Some of these include death penalty case assessments, assessments of child sexual abuse, assessments for child custody or divorce cases, civil court assessments, and immigration/asylum cases.<ref name="Goldwaser-2018"/><ref>Template:Cite book</ref>

• Immigration/asylum evaluations. In removal proceedings, the judge or parties may request the assistance of a forensic psychologist for those individuals eligible to apply for various forms of immigration benefits.<ref>Template:Cite web</ref> There are eight grounds for an individual to apply for which are hardship, risk for torture, asylum, domestic violence, ANAC (abused, neglected, or abandoned children), discretionary determinations, risk assessment, and competence to proceed.<ref name="melton19972" /> Each removal proceeding is as unique as the individual on trial which is where mental health professionals play a crucial role in helping document their experiences as many individuals may or may not have proof to support their stories.<ref name="melton19972" /> In the case that an individual does apply for relief/protection from removal, a psychological evaluation is conducted by a forensic psychologist to help the court determine if the individual meets the requirements for the type of relief for which they are applying. Immigration evaluations are often done through a series of interviews with the individual and their family members that delve into their life of what led up to the migration, medical information such as history and physical examinations, social background information, and their current level of cognitive and psychological functioning.<ref name="melton19972" /><ref>Template:Cite web</ref><ref>Template:Cite journal</ref>

Distinction between forensic and therapeutic evaluation

A forensic psychologist's interactions with and ethical responsibilities to the client differ widely from those of a psychologist dealing with a client in a clinical setting.<ref name="melton19972"/>

• Scope. Rather than the broad set of issues a psychologist addresses in a clinical setting, a forensic psychologist addresses a narrowly defined set of events or interactions of a nonclinical nature.<ref>Template:Cite journal</ref>
• Importance of client's perspective. A clinician places primary importance on understanding the client's unique point of view, while a forensic psychologist is interested in accuracy, and the client's viewpoint is secondary.
• Voluntariness. Usually, in a clinical setting, a psychologist is dealing with a voluntary client. A forensic psychologist evaluates clients by order of a judge or at the behest of an attorney.
• Autonomy. Voluntary clients have more latitude and autonomy regarding the assessment's objectives. Any assessment usually takes their concerns into account. The objectives of a forensic examination are confined by the applicable statutes or common law elements that pertain to the legal issue in question.
• Threats to validity. While the client and therapist are working toward a common goal, although unconscious distortion may occur, in the forensic context there is a substantially greater likelihood of intentional and conscious distortion.
• Relationship and dynamics. While therapeutic interactions work toward developing a trusting, empathic therapeutic alliance, a forensic psychologist may not ethically nurture the client or act in a "helping" role, as the forensic evaluator has divided loyalties and there are substantial limits on confidentiality they can guarantee the client. A forensic evaluator must always be aware of manipulation in the adversary context of a legal setting. These concerns mandate an emotional distance that is unlike a therapeutic interaction.<ref name="American Psychological Association-2013"/>
• Pace and setting. Unlike therapeutic interactions which may be guided by many factors, the forensic setting with its court schedules, limited resources, and other external factors places great time constraints on the evaluation without opportunities for revaluation. The forensic examiner focuses on the importance of accuracy and the finality of legal dispositions.

Eyewitness Identification

File:Cognitive bias codex en.svg

Category model of Wikipedia's list of 188 cognitive biases

In recent decades, cognitive and social biases have become an important evaluation tool for the justice system due to the raising concerns of possible unreliability when reviewing evidence.<ref name=":5" /> Researchers have examined how perception, memory, and judgement under bias (eyewitness identification) have affected outcomes. These are known as system variables. A system variable is any factor that is performed or controlled by the justice system that can inflate an outcome.<ref name=":5" /> This is only one cause that can often lead to misidentifications, equaling to wrongful convictions. A subcommittee was appointed by the American Pyschology-Law Society in 2020 to provide updated guidelines in how identification evidence should be collected by the legal system to reduce misidentification risks. Results from the study presented five new recommendations, four prior recommendations carried over from a 1998 study, focused on improving legal procedures for collecting evidence, aiming to increase the reliability of the evidence and reduce bias, validation the importance of documenting how the identification process was conducted.<ref name=":5">Wells, G. L., Kovera, M. B., Douglass, A. B., Brewer, N., Meissner, C. A., & Wixted, J. T. (2020). Policy and procedure recommendations for the collection and preservation of eyewitness identification evidence.Law and Human Behavior, 44(1), 3–36. https://doi.org/10.1037/lhb0000359</ref>

Nine Recommended Guidelines For Eyewitness Identification Procedures <ref name=":5" />

• Prior Recommended Guidelines
  • Double-Blind Lineup - The individual administering the lineup and witness should not know who the suspect is.<ref name=":5" />
  • Prelineup Instructions - Instructions should be provided to the eyewitness clearly stating the suspect may or may not be in the lineup, that the administrator does not know who the suspect is, and the eyewitness has the option to say "don't know" if a decision on the suspect cannot be made.<ref name=":5" />
  • Lineup Fillers - The lineup should only include one suspect and the fillers should match the description of the suspect.<ref name=":5" />
  • Immediate Confidence Statement - Once the eyewitness identifies a suspect from the lineup, a statement should immediately be taken backing up the confidence of the eyewitness.<ref name=":5" />
• Recent Recommended Guidelines
  • Prelineup Interview - The witness(es) are to be interviewed immediately after the crime to document description, claims, prior familiarity, and validate the conditions of the witness.<ref name=":5" />
  • Evidence-Based Suspicion - Clear evidence of the crime against the suspect should be clearly documented before bringing the individual in.<ref name=":5" />
  • Video-Recording - The entire identification process should be recorded to allow for later review.
  • Avoid Repeated Identifications - Continuous identification procedures should not be conducted with the same eyewitness and suspected suspect.<ref name=":5" />
  • Showups - A witness viewing a single suspect rather than a lineup can mislead the identification process.<ref name=":5" />

Ethics in forensic psychology

The ethical recommendations and expectations outlined for forensic psychology specifically are listed in the APA's Specialty Guidelines for Forensic Psychology.<ref name="American Psychological Association-2013"/> These guidelines involve reminders that forensic psychologists should value integrity, impartiality, and fairness, as well as avoid conflicts of interest when possible. These conflicts of interest may arise in situations in which the psychologist is working as a consultant to one side or another in a court case, when the psychologist is required to testify or evaluate something that collides with their own beliefs or values, or when a psychologist is faced with the decision of choosing between playing the role of an individual's evaluator or treatment provider in a case.<ref name="Fulero-2009"/> This final conflict of interest also relates to the ethical guidelines relating to having multiple relationships with clients.<ref name="American Psychological Association-2013" /> As a standard of ethics, forensic psychologists are expected to offer a certain amount of reduced fee or pro bono services for individuals who may not be able to afford hiring a psychologist for a court case otherwise. Other ethical guidelines involve receiving informed consent from clients before communicating information regarding their treatment or evaluations, respecting and acknowledging privacy, confidentiality, and privilege among clients, remaining impartial and objective when involved in a trial, and weighing the moral and ethical costs of complying with any court orders that may conflict with professional standards.<ref name="John Wiley & Sons, Inc-2013"/><ref name="Goldwaser-2018"/><ref name="Neal-2017">Template:Cite book</ref> Forensic Psychologists are required to work within the limitations of their competence, as determined by their education, training, supervised experiences, consultation, research, or professional experience.<ref name=":07">Template:Cite journal</ref>

Examples of skewed ethics

File:Plaque Dedicated to the Location of the Stanford Prison Experiment.jpg

This image shows a plaque marking the site where the famous Stanford Prison Experiment was conducted.

An example of skewed ethics in forensic psychology would be the different tests used to measure the command of authority. Two very infamous cases of this would be the Stanford Prison Experiments and the Milgram experiment. The Stanford Prison Experiment put college aged students into a prison simulation where they were randomly assigned to fulfill the role of either "guards" or "prisoners"<ref>Template:Cite web</ref> This case was found to be unethical because it was found to be harmful to the participant past what should have been allowed.<ref>Template:Cite journal</ref> Stanley Milgram conducted research on how far people would go to obey authority figure if another person was harmed in the process. How the situation influenced the individual proves as a way to draw conclusions about the individual and their upbringing. Forensic psychology finds this information useful to know when and how authority can affect a situation, but mostly to know the boundaries that research can be pushed and when something is deemed unethical.<ref>Template:Cite web</ref>

Police interrogations and false confessions

Template:More sources section Forensic psychologists study how certain police interrogation methods can lead to false confessions, especially from people who are vulnerable. Research shows that long interrogations, high-pressure tactics, and presenting false evidence can cause innocent people to confess to crimes they didn't commit. People who are young, tired, confused, or have mental health or cognitive issues are more likely to be affected by these situations.<ref name=":3">Template:Cite journal</ref>

Another important focus is assessing the risk of violence in stalking and obsessional harassment cases. Studies have found that prior relationships, threats, and certain behavioral patterns can significantly increase the chance of violence.<ref>Template:Cite journal</ref> Forensic psychologists also examine eyewitness memory and identification. Research has shown that confirming feedback after a mistaken identification can cause a witness to become more confident while decreasing the accuracy of their memory.<ref>Template:Cite journal</ref> Tools like eye-tracking add new methods for understanding cognitive and behavioral responses related to criminal behavior. For example, eye-tracking studies have been used to assess patterns of visual attention in individuals with paraphilic disorders, helping provide additional data for risk evaluations in criminal investigations.<ref>Template:Cite journal</ref>

Some common strategies used by police like lying about evidence, offering lighter punishment for confessing, or acting sympathetic can confuse suspects or make them feel like confessing is the best or only option, even if they are innocent. Forensic psychologists try to understand why this happens and how to prevent it.<ref name=":3" />

To help protect people's rights, psychologists have suggested several reforms. One major recommendation is to record all parts of an interrogation. This helps judges and juries see what really happened during questioning. Forensic psychologists also explain their findings in court and help educate others about the risks of false confessions. Their work has also influenced police training. Officers are now encouraged to look out for signs that a suspect might be vulnerable such as being very young, having a disability, or not fully understanding what's going on. By improving how interrogations are done it can help make the legal system more fair and accurate.<ref>Kassin et al., 2010</ref>

Consent

Consent plays a large role in Forensic Psychology. Informed consent is required for psychologists, and when services are required by law or another authority, psychologists must inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding, according to the APA ethics code 3.10(c).<ref name=":1">Template:Cite journal</ref> Additionally, standard 3.10(d) stipulates that consent needs to be well documented.<ref name=":1" /> Both the individual in question and the council that is representing them must provide their approval.<ref name=":07" /> If the person is legally unable to give their own consent then legal counsel for that individual must be sought. The person must be informed by the Forensic Psychologist of all the various guidelines pertaining to the expected services, including the extent of confidentiality.<ref name=":07" />

Confidentiality in Forensic psychology

A forensic psychologist's primary responsibility is to safeguard their clients anonymity by taking appropriate measures and communicating any limitations, the client is trusting them to keep all topics discussed with them confidential.<ref name=":07" /> Only the clients or legally authorized person's consent may be disclosed; without the clients consent, disclosure may only occur when required by law, when the psychologist utilizes the information for the clients protection or consultation, or both.<ref name=":07" />

Notable research in forensic psychology

• Maryanne Garry conducted research on imagination inflation, and whether imagining a childhood event inflates confidence that it occurred. The study investigated whether imagining a childhood event that did not happen increased individuals confidence that it did. The results suggested that participants who originally reported an event did not happen changed their mind after imagining the scenario.<ref>Template:Cite journal</ref> Moreover, Garry also conducted research that used the premise of misremembered events in relation to eye witnesses and their chance of accepting (and confirming) a suggested occurrence, even if it was not accurate to what they saw.<ref name=":02">Template:Cite journal</ref> The study found that 30% of participants met criteria for false memory and 43% met criteria for false memories.<ref name=":02" />
• Research by Tess Neal found that while there are a number of psychometric measuring tools that are used by psychologists in legal cases, there are few challenges to the result they present.<ref>Template:Cite journal</ref> Neal's publications also assist lawmakers' understanding as to when psychological assessments can be challenged; similarly, they help psychologists to see when their assessments can be strengthened.<ref>Template:Cite journal</ref>

See also

• Applied psychology
• Criminal psychology
• Forensic psychiatry
• Settled insanity
• Competency evaluation (law)
• List of United States Supreme Court cases involving mental health
• Media psychology
• Medical jurisprudence

Further reading

• Adler, J. R. (Ed.). (2004). Forensic Psychology: Concepts, debates and practice. Cullompton: Willan.
• Bartol, C. R., & Bartol, A. M. (1999). History of Forensic Psychology. In A. K. Hess & Irving B. Weiner (Eds.), Handbook of Forensic Psychology (2nd ed., ). London: John Wiley and Sons.
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• Dalby, J. T. (1997) Applications of Psychology in the Law Practice: A guide to relevant issues, practices and theories. Chicago: American Bar Association. Template:ISBN
• Davis, J. A. (2001). Stalking crimes and victim protection. CRC Press. 538 pages. Template:ISBN. (hbk.)
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• G.H. Gudjonsson and Lionel Haward: Forensic Psychology. A guide to practice. (1998) Template:ISBN (pbk.), Template:ISBN (hbk.)
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• Melton, G. B., Petrila, J., Poythress, N. G., Otto, R. K., Mossman, D., & Condie, L. O. (2017). Psychological evaluations for the courts: A handbook for mental health professionals and lawyers (4th ed.). New York, NY: Guilford. Template:ISBN
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• Ogloff, J. R. P., & Finkelman, D. (1999). Psychology and Law: An Overview. In R. Roesch, S. D. Hart, & J. R. P. Ogloff (Eds.), Psychology and Law the State of the Discipline . New York: Springer. Template:ISBN
• O'Mahony, B. (2013). So, You Want to Be a Forensic Psychologist? Create Space. Template:ISBN
• Ribner, N.G.(2002). California School of Professional Psychology Handbook of Juvenile Forensic Psychology. Jossey-Bass. Template:ISBN
• Roesch, R., & Zapf, P. A. (Eds.). (2012). Forensic assessments in criminal and civil law: A handbook for lawyers. NY: Oxford University Press. Template:ISBN
• Rogers, R. (Ed.) (2008). Clinical assessment of malingering and deception (3rd ed.). New York, NY: Guilford. Template:ISBN

External links

• American Academy of Forensic Psychology Board-certified forensic experts, continuing education.
• American Board of Forensic Psychology Board certification and other information.
• American Psychology – Law Society
• Australian and New Zealand Association of Psychiatry, Psychology and Law
• European Association of Psychology and Law
• European Association of Psychology and Law Student Society – resources and fact sheets on Forensic Psychology