introduction to clinical psychology: science, practice and ethics chapter 16 forensic psychology...

Introduction toIntroduction to

Clinical Psychology:Clinical Psychology:Science, Practice and EthicsScience, Practice and Ethics

Chapter 16Chapter 16

Forensic PsychologyForensic Psychology

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Forensic PsychologistForensic Psychologist

““forensic psychologist refers to any forensic psychologist refers to any psychologist, experimental or psychologist, experimental or clinical, who specializes in producing clinical, who specializes in producing or communicating psychological or communicating psychological research or assessment information research or assessment information intended for application to legal intended for application to legal issues” (Grisso, 1987).issues” (Grisso, 1987).



Psychology-Law:Psychology-Law:A wary allianceA wary alliance

Determinants of human behaviourDeterminants of human behaviour Tolerance for indecisionTolerance for indecision Arriving at the truthArriving at the truth


Determinants of Human Determinants of Human BehaviourBehaviour

Psychology – deterministicPsychology – deterministic Law – free willLaw – free will

partial solution – psychologists do not partial solution – psychologists do not testify about the “ultimate question”testify about the “ultimate question”


Tolerance for IndecisionTolerance for Indecision

Law – low tolerance of ambiguity. Law – low tolerance of ambiguity. “Truth” must be determined in each “Truth” must be determined in each casecase

Psychology – high tolerance for Psychology – high tolerance for ambiguity. Psychological science ambiguity. Psychological science rarely determines truth – “more rarely determines truth – “more research needs to be done”research needs to be done”


How to arrive at the truthHow to arrive at the truth

Law – via an adversarial processLaw – via an adversarial process Psychology – application of the Psychology – application of the

methods of sciencemethods of science


Risk Assessment: Risk Assessment: Robert HareRobert Hare

Psychopathy Checklist-Revised (PCL-Psychopathy Checklist-Revised (PCL-R): best single predictor of violent R): best single predictor of violent behaviourbehaviour

Expert Opinion:Expert Opinion: Risk for Violence: PCL-RRisk for Violence: PCL-R Competency to Stand Trial: WAIS III, Competency to Stand Trial: WAIS III,

MacArthur Competence Assessment MacArthur Competence Assessment ToolTool


Expert WitnessExpert Witness

Fact witness – can only testify about direct Fact witness – can only testify about direct observationsobservations

Expert witness – is expected to offer opinionExpert witness – is expected to offer opinion Establishing expert statusEstablishing expert status

Education and trainingEducation and training Relevant experienceRelevant experience Research and publicationsResearch and publications LicensingLicensing Special knowledge in applying psychological Special knowledge in applying psychological

principlesprinciples


Expert Witness StandardsExpert Witness Standards

Frey (1923) - expert opinion is “generally Frey (1923) - expert opinion is “generally accepted” in scientific communityaccepted” in scientific community

Daubert (1993) – “relevance and validity” Daubert (1993) – “relevance and validity” of the expert opinionof the expert opinion

Implications of Daubert to forensic Implications of Daubert to forensic psychologypsychology Reliability and validity of assessment methodsReliability and validity of assessment methods Explicit methods of drawing conclusionsExplicit methods of drawing conclusions Qualify testimony based on adequacy of theory Qualify testimony based on adequacy of theory

and methodsand methods


Admissible AssessmentsAdmissible Assessments

Preferred: Preferred: Psychopathy Checklist-Revised (PCL-R)Psychopathy Checklist-Revised (PCL-R) MMPI-2MMPI-2 Wechsler ScalesWechsler Scales

Dismissed:Dismissed: Projective AssessmentProjective Assessment


Psychology and criminal lawPsychology and criminal law

Competence to stand trialCompetence to stand trial Other competenciesOther competencies Insanity defenseInsanity defense SentencingSentencing ConsultationConsultation

Jury selectionJury selection Jury shadowingJury shadowing Witness preparationWitness preparation Attorney preparationAttorney preparation


Competence to stand trialCompetence to stand trial

Dusky Standard Dusky Standard ““the test must be whether he has the test must be whether he has

sufficient present ability to consult sufficient present ability to consult with his attorney with a reasonable with his attorney with a reasonable degree of rational understanding and degree of rational understanding and whether he has the rational as well whether he has the rational as well as factual understanding of the as factual understanding of the proceedings against him” (Dusky v. proceedings against him” (Dusky v. United States, 1960)United States, 1960)


Competence to Stand TrialCompetence to Stand Trial

Can the person appreciate the Can the person appreciate the charges against him or her?charges against him or her?

Can the person cooperate with Can the person cooperate with counsel?counsel?

Can the person understand the Can the person understand the proceedings of the court?proceedings of the court?


Not competent to stand trial.Not competent to stand trial.What happens?What happens?

““A person charged by a State with a A person charged by a State with a criminal offense who is committed criminal offense who is committed solely on the account of his incapacity solely on the account of his incapacity to proceed to trial cannot be held to proceed to trial cannot be held more than a reasonable period of time more than a reasonable period of time necessary to determine whether there necessary to determine whether there is a substantial probability that he will is a substantial probability that he will attain the capacity in the foreseeable attain the capacity in the foreseeable future.” (Jackson v. Indiana, 1972)future.” (Jackson v. Indiana, 1972)


Other competenciesOther competencies

Waive Miranda rights: Waive Miranda rights: “ You have the right “ You have the right to remain silent . . .”to remain silent . . .”

Waive right to counselWaive right to counsel Competence of witnessCompetence of witness Competence to be executedCompetence to be executed


The Insanity DefenseThe Insanity Defense

M’Naughten standardM’Naughten standard ““at the time of committing the act, at the time of committing the act,

the person accused was labouring the person accused was labouring under such a defect of reason, from under such a defect of reason, from disease of the mind, as not to know disease of the mind, as not to know the nature and quality of the act he the nature and quality of the act he was doing; or if he did know it, that was doing; or if he did know it, that he did not know he was doing what he did not know he was doing what was wrongwas wrong””


The Insanity DefenseThe Insanity Defense

American Law Institute standardAmerican Law Institute standard “ “ A person is not responsible for A person is not responsible for

criminal conduct if at the time of criminal conduct if at the time of such conduct, as a result of mental such conduct, as a result of mental disease or defect, he lacks disease or defect, he lacks substantial capacity to appreciate substantial capacity to appreciate the criminality (wrongfulness) of his the criminality (wrongfulness) of his conduct or to conform his conduct to conduct or to conform his conduct to the requirements of the law”the requirements of the law”


Conducting an insanity defenseConducting an insanity defense

Mental state at the time of the Mental state at the time of the offenseoffense

Collateral sources of information Collateral sources of information (e.g., police reports, eye witnesses, (e.g., police reports, eye witnesses, mental health records)mental health records)


SentencingSentencing

General deterrenceGeneral deterrence Individual deterrenceIndividual deterrence IncapacitationIncapacitation RetributionRetribution Moral outrageMoral outrage RehabilitationRehabilitation RestitutionRestitution


Psychology and Civil LawPsychology and Civil Law

Civil commitmentCivil commitment Child protectiveChild protective Child custody in divorceChild custody in divorce


Civil Commitment: CriteriaCivil Commitment: Criteria

Mentally illMentally ill Dangerous to self, dangerous to Dangerous to self, dangerous to

others or gravely disabledothers or gravely disabled Unwilling to consent to voluntary Unwilling to consent to voluntary

hospitalizationhospitalization TreatableTreatable Hospitalization is “least restrictive Hospitalization is “least restrictive

alternative”alternative”


Confidentiality & BeyondConfidentiality & Beyond

Confidentiality can be defined as the Confidentiality can be defined as the ethical, professional, and legal obligation ethical, professional, and legal obligation of a clinician not to disclose what is of a clinician not to disclose what is communicated to him or her within the communicated to him or her within the therapist–client relationship therapist–client relationship

Clinicians face a conflict between their Clinicians face a conflict between their obligation of confidentiality toward their obligation of confidentiality toward their clients and their duty to protect others clients and their duty to protect others from potentially dangerous clients from potentially dangerous clients


Tarasoff DecisionTarasoff Decision

protective privilege ends when the protective privilege ends when the public peril begins public peril begins

when a therapist determines, or when a therapist determines, or pursuant to the standards of his pursuant to the standards of his profession should determine, that his profession should determine, that his patient presents a serious danger of patient presents a serious danger of violence to another, he incurs an violence to another, he incurs an obligation to use reasonable care to obligation to use reasonable care to protect the intended victim against protect the intended victim against such danger such danger


Child Abuse and NeglectChild Abuse and Neglect

Phases of involvement in child abuse Phases of involvement in child abuse and neglect casesand neglect cases Mandated reportingMandated reporting Family disruptionFamily disruption Family reunificationFamily reunification Termination of Parental RightsTermination of Parental Rights


Termination of Parental RightsTermination of Parental Rightsparens patriaeparens patriae

Parent is “unfit” (i.e., the child will Parent is “unfit” (i.e., the child will continue to be abused or neglected)continue to be abused or neglected)

and “not amenable” to intervention and “not amenable” to intervention (i.e., parent can’t be made fit)(i.e., parent can’t be made fit)

State has provided services to State has provided services to address deficitsaddress deficits

Better alternative is available for the Better alternative is available for the childchild


Child Custody in DivorceChild Custody in Divorce

Primary purpose of evaluation is to Primary purpose of evaluation is to assess the “best interests” of the childassess the “best interests” of the child

Psychologist evaluates all principal Psychologist evaluates all principal playersplayers

Custody preference is considered as Custody preference is considered as well as rationale for preferencewell as rationale for preference

Requires knowledge of Requires knowledge of Child development, family dynamics, Child development, family dynamics,

psychopathology, personality functioning, psychopathology, personality functioning, impact of divorce on children, etcimpact of divorce on children, etc


Testifying in CourtTestifying in Court

Direct examinationDirect examination Establishing qualificationsEstablishing qualifications Laying the foundations Laying the foundations Findings, conclusions, opinionsFindings, conclusions, opinions hypotheticalshypotheticals

Cross examinationCross examination


Training and Certification in Training and Certification in Forensic PsychologyForensic Psychology

Graduate schoolGraduate school Post-doctoral trainingPost-doctoral training Continuing educationContinuing education ABBP in Forensic PsychologyABBP in Forensic Psychology

introduction to clinical psychology: science, practice and ethics chapter 16 forensic psychology...

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