Forensic 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
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' ...
.
Forensic psychology includes research on various psychology-law topics, such as:
jury selection
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool,” also known as the ''venire'') is first selected from among the community using a reasonably random metho ...
, reducing systemic
racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one Race (human categorization), race or ethnicity over another. It may also me ...
in
criminal law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
between humans,
eyewitness testimony
Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is ...
, evaluating
competency to stand trial, or assessing
military veterans for
service-connected disability compensation. The
American Psychological Association's ''Specialty Guidelines for Forensic Psychologists'' reference several psychology sub-disciplines, such as:
social
Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not.
Etymology
The word "social" derives fro ...
,
clinical,
experimental
An experiment is a procedure carried out to support or refute a hypothesis, or determine the efficacy or likelihood of something previously untried. Experiments provide insight into cause-and-effect by demonstrating what outcome occurs whe ...
,
counseling
Counseling is the professional guidance of the individual by utilizing psychological methods especially in collecting case history data, using various techniques of the personal interview, and testing interests and aptitudes.
This is a list of c ...
, and
neuropsychology
Neuropsychology is a branch of psychology concerned with how a person's cognition and behavior are related to the brain and the rest of the nervous system. Professionals in this branch of psychology focus on how injuries or illnesses of the brai ...
.
History

As early as the 19th century,
criminal profiling began to emerge, with the
Jack the Ripper
Jack the Ripper was an unidentified serial killer who was active in and around the impoverished Whitechapel district of London, England, in 1888. In both criminal case files and the contemporaneous journalistic accounts, the killer was also ...
case being the first instance of criminal profiling, by forensic doctor and surgeon
Thomas Bond. In the first decade of the 20th century,
Hugo Münsterberg
Hugo Münsterberg (; ; June 1, 1863 – December 16, 1916) was a German-American psychologist. He was one of the pioneers in applied psychology, extending his research and theories to Industrial organization, industrial/organizational (I/O), legal ...
, the first director of
Harvard's psychological laboratory and a student of
Wilhelm Wundt
Wilhelm Maximilian Wundt (; ; 16 August 1832 – 31 August 1920) was a German physiologist, philosopher, and professor, one of the fathers of modern psychology. Wundt, who distinguished psychology as a science from philosophy and biology, was t ...
, one of the first experimental psychologists,
authored ''On the Witness Stand''.
In the publication, Münsterberg attempted to demonstrate how
psychological research could be applied in legal proceedings.
Sigmund Freud
Sigmund Freud ( ; ; born Sigismund Schlomo Freud; 6 May 1856 – 23 September 1939) was an Austrian neurologist and the founder of psychoanalysis, a clinical method for evaluating and treating psychopathology, pathologies seen as originating fro ...
also discussed how
psychopathological processes play a role in criminal behavior.
Other significant early figures in forensic psychology include
Lightner Witmer, and
William Healy.
In 1917, the lie detector was invented by the psychologist
William Marston.
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.
The 1954 case of
Brown v. Board of Education of Topeka, was the first where the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
referenced expert opinions by psychologists.
After this, the preponderance of psychological mechanisms within courtrooms began to be considered beneficial.
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.
In 1969, the
American Psychology–Law Society was founded, later being converted into Division 41 of the APA in 1980.
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.
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.
By 2001, forensic psychology was recognized as a professional specialty by the American Psychological Association.
In 1993, the case of Daubert v. Merrell Dow Pharmaceutical 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 i''n 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. 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.
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
The John Jay College of Criminal Justice (John Jay) is a public college focused on criminal justice and located in New York City. It is a senior college of the City University of New York (CUNY). John Jay was founded as the only liberal arts col ...
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. At the
University of Liverpool
The University of Liverpool (abbreviated UOL) is a Public university, public research university in Liverpool, England. Founded in 1881 as University College Liverpool, Victoria University (United Kingdom), Victoria University, it received Ro ...
,
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.
Through the psychological profiling of the
Railway Rapists, Canter assisted in the capture of the killers. The 20th-century psychologist
William Stern, conducted numerous experiments on eyewitness testimony, credibility, consistency, and the influence of leading questions in court.
Recently, forensic psychology has grown in popularity in the media. For example, many recent docuseries on
Netflix
Netflix is an American subscription video on-demand over-the-top streaming service. The service primarily distributes original and acquired films and television shows from various genres, and it is available internationally in multiple lang ...
feature forensic psychological content, including
Making a Murderer and
Sins of our Mother. Other TV shows and movies such as
Criminal Minds
''Criminal Minds'' is an American police procedural crime drama television series created by Jeff Davis that premiered on CBS on September 22, 2005. It follows a group of criminal profilers who work for the FBI as members of its Behavioral ...
,
Manhunter,
Mindhunter, and
Silence of The Lambs have widely popularized the practice of criminal profiling, particularly within the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
's (FBI)
Behavioral Analysis Unit (BAU).
One example of a highly publicised case that used forensic psychology was
Ted Bundy's sentencing. In 1980, he went to trial and was evaluated by multiple psychology professionals to determine his ability to stand before the court.
The results from the multiple psychologist evaluations determined that Ted Bundy was fit to stand before the court.
Training and education
Forensic psychology involves both elements of
basic
Basic or BASIC may refer to:
Science and technology
* BASIC, a computer programming language
* Basic (chemistry), having the properties of a base
* Basic access authentication, in HTTP
Entertainment
* Basic (film), ''Basic'' (film), a 2003 film
...
as well as
applied work. Forensic psychologists may hold a
PhD
A Doctor of Philosophy (PhD, DPhil; or ) is a terminal degree that usually denotes the highest level of academic achievement in a given discipline and is awarded following a course of graduate study and original research. The name of the deg ...
or
Psy.D. in
clinical psychology
Clinical psychology is an integration of human science, behavioral science, theory, and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically-based distress or dysfunction and to promote subjective well ...
,
counseling psychology
Counseling or Counselling psychology is an international discipline. It is practiced in the United States and Canada, the United Kingdom and Ireland, Australia and New Zealand, Hong Kong and Korea, and South Africa.
Counseling psychology in th ...
,
social psychology
Social psychology is the methodical study of how thoughts, feelings, and behaviors are influenced by the actual, imagined, or implied presence of others. Although studying many of the same substantive topics as its counterpart in the field ...
,
organizational psychology
Industrial and organizational psychology (I-O psychology) "focuses the lens of psychological science on a key aspect of human life, namely, their work lives. In general, the goals of I-O psychology are to better understand and optimize the effec ...
,
school psychology
School psychology is a field that applies principles from educational psychology, developmental psychology, clinical psychology, community psychology, and behavior analysis to meet the learning and behavioral health needs of children and ado ...
, or
experimental psychology
Experimental psychology is the work done by those who apply Experiment, experimental methods to psychological study and the underlying processes. Experimental psychologists employ Research participant, human participants and Animal testing, anim ...
under accredited institutions.
Additionally, two years of supervised experience in their field is necessary.
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
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
require licensure for psychologists in the state they intend to practice.
Certification specifically in forensic psychology is also available.
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.
There is a wide range of pay for individuals in the forensic psychology field.
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.
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.
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).
Practice/direct service
Forensic psychologists complete evaluations and assessments to assess a person's psychological state for legal purposes''.'' Reasons for completing these evaluations can involve acquiring information for criminal court (such as insanity or
incompetence), for criminal sentencing or parole hearings (often regarding a potential intellectual disability that prevents sentencing or one's risk of recidivism), for 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).
Additional assessments that these professionals can perform include school threats.
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. There is great debate about whether these Forensic Psychological evaluations constitute as health care treatment, with most arguments claiming they do not. 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.
Instead, the information provided by the expert evaluator is analyzed and is ruled on by the court which ordered the evaluation to take place.
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
Substance use disorder (SUD) is the persistent use of drugs despite substantial harm and adverse consequences to self and others. Related terms include ''substance use problems'' and ''problematic drug or alcohol use''. Along with substance-ind ...
, sex offenders, mental illness, or anger management.
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.
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.
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.
Essentially, consultations can take many forms, including the common ones below:
# 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.
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.
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.
#
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.
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. 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.
Expert testimony about matters relating to psychology is also an area in which forensic psychologists play an active role.
Unlike fact witnesses, who are limited to testifying about what they know or have observed,
expert witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...
es 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. 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. Procedural and legal rules guide expert testimony, including that the
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
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.
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).
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
(; often ; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues:
* Prospective jurors are questioned to decide whether they can be fair and i ...
process of qualification.
Research
Forensic psychology researchers make scientific discoveries relevant to psychology and the law and sometimes provide expert witness testimony.
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.
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.
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
Open science is the movement to make scientific research (including publications, data, physical samples, and software) and its dissemination accessible to all levels of society, amateur or professional. Open science is transparent and accessib ...
leadership; and
Elizabeth Loftus
Elizabeth F. Loftus (born 1944) is an American psychologist who is best known in relation to the misinformation effect, false memory and criticism of recovered memory therapies.
Loftus's research includes the effects of phrasing on the percep ...
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.
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
Black Lives Matter (BLM) is a Decentralization, decentralized political and social movement that aims to highlight racism, discrimination and Racial inequality in the United States, racial inequality experienced by black people, and to pro ...
or the
Me Too movement
#MeToo is a social movement and Consciousness raising, awareness campaign against sexual abuse, sexual harassment and rape culture, in which women publicize their experiences of sexual abuse or sexual harassment. The phrase "Me Too" was init ...
, or may even be related to certain civil rights that are being overlooked.
Forensic psychological evaluations
Common types of evaluations
Forensic assessments of competencies
Competence
Broad concept article:
*Competence (polyseme), capacity or ability to perform effectively
Competence or competency may also refer to:
*Competence (human resources), ability of a person to do a job properly
**Competence-based management, performa ...
, 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.
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.
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.
Forensic assessment of
insanity
Insanity, madness, lunacy, and craziness are behaviors caused by certain abnormal mental or behavioral patterns. Insanity can manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to other ...
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.
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
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
'', 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
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is some ...
'' 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''.
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.
There are various definitions of insanity acknowledged within the legal system.
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.
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.
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
Recidivism (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psycholo ...
.
Risk assessments are used in sentencing and affect the possibility of an inmate receiving parole or being released from prison.
Imposition of the death penalty often requires a consideration of "future dangerousness," for which risk assessment can play a vital role.
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.
Risk assessment, as with any attempt to understand future behavior, is very difficult, especially because "risk" isn't always defined the same way in different legal settings. 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.
* 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.
**
''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.
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.
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 (though there have been some issues raised with the evidence supporting this claim).
** ''
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.
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.
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.
**
''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.
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,
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. 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.
** ''
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.
The algorithm tells evaluators both which factors to pay attention to and how to weigh and combine them to produce the risk score.
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).
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.
Two example actuarial tools for assessing violence risk are the Violence Risk Appraisal Guide (VRAG) and the Classification of Violence Risk (COVR).
An example actuarial tool for assessing
sexual recidivism risk is the Static-99 Revised (Static-99R).
** ''
Adjusted actuarial risk assessment'' is a combination of unstructured clinical assessment and actuarial risk assessment.
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.
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.
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.
* 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. 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.
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.
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.
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.
* 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.
* 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.
* 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.
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''.
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.
This final conflict of interest also relates to the ethical guidelines relating to having multiple relationships with clients.
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.
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.
Examples of skewed ethics
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
Beginning on August 7, 1961, a series of social psychology experiments were conducted by Yale University psychologist Stanley Milgram, who intended to measure the willingness of study participants to obey an authority figure who instructed the ...
. 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" This case was found to be unethical because it was found to be harmful to the participant past what should have been allowed.
Stanley Milgram
Stanley Milgram (August 15, 1933 – December 20, 1984) was an American social psychologist known for his controversial Milgram experiment, experiments on obedience conducted in the 1960s during his professorship at Yale University, Yale.Blass, T ...
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.
Police interrogations and false confessions
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.
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. 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. 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.
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.
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.
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).
Additionally, standard 3.10(d) stipulates that consent needs to be well documented.
Both the individual in question and the council that is representing them must provide their approval.
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.
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.
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.
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. 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.
The study found that 30% of participants met criteria for false memory and 43% met criteria for false memories.
* 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. 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.
See also
*
Applied psychology
Applied psychology is the use of psychological methods and findings of scientific psychology to solve practical problems of human and animal behavior and experience. Educational and organizational psychology, business management, law, health, pro ...
*
Forensic psychiatry
*
Settled insanity
*
Competency evaluation (law)
*
List of United States Supreme Court cases involving mental health
*
Media psychology
Media psychology is a branch of psychology that focuses on the interactions between human behavior, media, and technology. Media psychology is not limited to mass media or media content; it includes all forms of mediated communication and media t ...
*
Medical jurisprudence
Notes
References
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.
*
* Dalby, J. T. (1997) ''Applications of Psychology in the Law Practice: A guide to relevant issues, practices and theories''. Chicago: American Bar Association.
* Davis, J. A. (2001). Stalking crimes and victim protection. CRC Press. 538 pages. . (hbk.)
*
*
*
G.H. Gudjonsson and
Lionel Haward: ''Forensic Psychology. A guide to practice.'' (1998) (pbk.), (hbk.)
*
* 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.
*
* 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.
* O'Mahony, B. (2013). So, You Want to Be a Forensic Psychologist? Create Space.
* Ribner, N.G.(2002). ''
California School of Professional Psychology
The California School of Professional Psychology (CSPP) was founded in 1969 by the California Psychological Association. It is part of the for-profit Alliant International University where each campus's Clinical Psychology Psy.D. and Ph.D. pr ...
Handbook of Juvenile Forensic Psychology''. Jossey-Bass.
* Roesch, R., & Zapf, P. A. (Eds.). (2012). Forensic assessments in criminal and civil law: A handbook for lawyers. NY: Oxford University Press.
* Rogers, R. (Ed.) (2008). ''Clinical assessment of malingering and deception'' (3rd ed.). New York, NY: Guilford.
External links
American Academy of Forensic PsychologyBoard-certified forensic experts, continuing education.
American Board of Forensic PsychologyBoard certification and other information.
American Psychology – Law SocietyAustralian and New Zealand Association of Psychiatry, Psychology and LawEuropean Association of Psychology and LawEuropean Association of Psychology and Law Student Society– resources and fact sheets on Forensic Psychology
{{Psychology
Academic disciplines