Introduction to
Clinical Psychology:
Science, Practice and Ethics
Chapter 16
Forensic Psychology
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Forensic Psychologist
“forensic psychologist refers to any
psychologist, experimental or clinical, who
specializes in producing or communicating
psychological research or assessment
information intended for application to
legal issues” (Grisso, 1987).
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Psychology-Law:
A wary alliance
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Determinants of human behaviour
Tolerance for indecision
Arriving at the truth
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Determinants of Human
Behaviour
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Psychology – deterministic
Law – free will
partial solution – psychologists do not
testify about the “ultimate question”
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Tolerance for Indecision
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Law – low tolerance of ambiguity. “Truth”
must be determined in each case
Psychology – high tolerance for ambiguity.
Psychological science rarely determines
truth – “more research needs to be done”
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How to arrive at the truth
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Law – via an adversarial process
Psychology – application of the methods
of science
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Risk Assessment: Robert Hare
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Psychopathy Checklist-Revised (PCL-R):
best single predictor of violent behaviour
Expert Opinion:
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Risk for Violence: PCL-R
Competency to Stand Trial: WAIS III,
MacArthur Competence Assessment Tool
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Expert Witness
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Fact witness – can only testify about direct
observations
Expert witness – is expected to offer opinion
Establishing expert status
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Education and training
Relevant experience
Research and publications
Licensing
Special knowledge in applying psychological principles
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Expert Witness Standards
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Frey (1923) - expert opinion is “generally
accepted” in scientific community
Daubert (1993) – “relevance and validity” of the
expert opinion
Implications of Daubert to forensic psychology
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Reliability and validity of assessment methods
Explicit methods of drawing conclusions
Qualify testimony based on adequacy of theory and
methods
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Admissible Assessments
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Preferred:
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Psychopathy Checklist-Revised (PCL-R)
MMPI-2
Wechsler Scales
Dismissed:
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Projective Assessment
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Psychology and criminal law
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Competence to stand trial
Other competencies
Insanity defense
Sentencing
Consultation
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Jury selection
Jury shadowing
Witness preparation
Attorney preparation
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Competence to stand trial
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Dusky Standard
“the test must be whether he has
sufficient present ability to consult with his
attorney with a reasonable degree of
rational understanding and whether he
has the rational as well as factual
understanding of the proceedings against
him” (Dusky v. United States, 1960)
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Competence to Stand Trial
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Can the person appreciate the charges
against him or her?
Can the person cooperate with counsel?
Can the person understand the
proceedings of the court?
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Not competent to stand trial.
What happens?
“A person charged by a State with a criminal
offense who is committed solely on the
account of his incapacity to proceed to
trial cannot be held more than a
reasonable period of time necessary to
determine whether there is a substantial
probability that he will attain the capacity
in the foreseeable future.” (Jackson v.
Indiana, 1972)
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Other competencies
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Waive Miranda rights:
“ You have the right to
remain silent . . .”
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Waive right to counsel
Competence of witness
Competence to be executed
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The Insanity Defense
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M’Naughten standard
“at the time of committing the act, the
person accused was labouring under such
a defect of reason, from disease of the
mind, as not to know the nature and
quality of the act he was doing; or if he
did know it, that he did not know he was
doing what was wrong”
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The Insanity Defense
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American Law Institute standard
“ A person is not responsible for criminal
conduct if at the time of such conduct, as
a result of mental disease or defect, he
lacks substantial capacity to appreciate the
criminality (wrongfulness) of his conduct
or to conform his conduct to the
requirements of the law”
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Conducting an insanity defense
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Mental state at the time of the offense
Collateral sources of information (e.g.,
police reports, eye witnesses, mental
health records)
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Sentencing
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General deterrence
Individual deterrence
Incapacitation
Retribution
Moral outrage
Rehabilitation
Restitution
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Psychology and Civil Law
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Civil commitment
Child protective
Child custody in divorce
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Civil Commitment: Criteria
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Mentally ill
Dangerous to self, dangerous to others or
gravely disabled
Unwilling to consent to voluntary
hospitalization
Treatable
Hospitalization is “least restrictive
alternative”
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Confidentiality & Beyond
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Confidentiality can be defined as the ethical,
professional, and legal obligation of a clinician
not to disclose what is communicated to him or
her within the therapist–client relationship
Clinicians face a conflict between their obligation
of confidentiality toward their clients and their
duty to protect others from potentially
dangerous clients
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Tarasoff Decision
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protective privilege ends when the public
peril begins
when a therapist determines, or pursuant
to the standards of his profession should
determine, that his patient presents a
serious danger of violence to another, he
incurs an obligation to use reasonable care
to protect the intended victim against such
danger
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Child Abuse and Neglect
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Phases of involvement in child abuse and
neglect cases
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Mandated reporting
Family disruption
Family reunification
Termination of Parental Rights
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Termination of Parental Rights
parens patriae
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Parent is “unfit” (i.e., the child will
continue to be abused or neglected)
and “not amenable” to intervention (i.e.,
parent can’t be made fit)
State has provided services to address
deficits
Better alternative is available for the child
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Child Custody in Divorce
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Primary purpose of evaluation is to assess
the “best interests” of the child
Psychologist evaluates all principal players
Custody preference is considered as well
as rationale for preference
Requires knowledge of
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Child development, family dynamics,
psychopathology, personality functioning,
impact of divorce on children, etc
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Testifying in Court
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Direct examination
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Establishing qualifications
Laying the foundations
Findings, conclusions, opinions
hypotheticals
Cross examination
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Training and Certification in
Forensic Psychology
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Graduate school
Post-doctoral training
Continuing education
ABBP in Forensic Psychology
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