An Overview of Forensic and Legal Psychology
In its simplest definition, forensic psychology refers to the analysis of individuals involved in the legal system with the intent to resolve a legal issue. Psychological knowledge is applied to the legal system, which may be in the form of determining competency, conducting sanity evaluations as well as risk assessment (Gilleo et al., 2010). The legal system contains several subsystems; however, there are two main divisions including civil and criminal law. In civil law, there are disputes involving private relationships (e.g., banking, contracts, etc.) whereas criminal law involves behaviors deemed as harmful to society. As it relates to forensic psychology, criminal law includes both general crime and specific types of crimes that may contain some level of psychological disturbance. Overall, the purpose of forensic psychology is to participate in the legal process by providing assistance through consultation, evaluation, testimony, and/or treatment (Weiner, 2003).
The term "forensic" may have several meanings within forensics itself. For example, forensic may refer to the interest (e.g., motivators to commit crimes), personality, and psychological functions related to the personality (Weiner, 2003). Forensic could also refer to a type of research (e.g., army officers, wives of army officers) or evaluation (e.g., matching guarantees to offenders) within the judicial system . For the intent of this book, the definition of forensic is research, evaluation, treatment, and/or consultation pertaining to the legal system from a psychological perspective.
The initial intent of forensic psychology was to draw together research within the disciplines of psychology and law and to apply the findings to the practices in both of these fields (Huss, 2008). There is a strong emphasis on the relationship between the disciplines that allow for advancements within the legal system. Forensic psychology may also be thought-of in terms of "applied" psychology. Related areas include clinical psychology, criminal justice, and psychiatry, which all apply psychological principles within their practices (Bartol & Bartol, 2008). For the purposes of this book, forensic psychology will encompass all disciplines, including research, evaluation, treatment, and consultation of individuals associated with the legal system.
Unlike many psychology-related specialties, forensic psychology is a relatively new field that has not been consistently defined. For the purposes of this book, the concepts of "forensic" and "legal" psychology will be used interchangeably. Although the two may vary slightly in definition, they are both used to denote the intersection between psychology and the legal system. Similarly, the term "forensic" is somewhat ambiguous due to the various meanings associated with the word itself.
How Forensic Psychologists Operate
Forensic psychologists wear many hats, and every day can be different, depending on the type of work they do. For example, a psychologist who conducts evaluations for defendants who may not be mentally competent to stand trial will have a very different skillset from one who works with defendants who are attempting to reclaim their parental rights.
Under the umbrella of forensic psychology, forensic psychologists are involved in many types of cases. Some of the most common types of cases are:
◾Delinquent cases—cases that involve juveniles who commit potentially harmful behaviors and are brought into the court system.
◾Psychological injury cases—cases involving psychological injuries to the plaintiffs, which could include emotional distress, post-traumatic stress disorder (PTSD), depression and other injuries related to the infliction of emotional harm.
◾Competency to stand trial—determining whether a defendant has the mental capacity to participate in their own defense.
◾Child custody cases—determining the psychological needs of a child and how they should be handled with respect to custody disputes.
◾Civil competency cases—determining individuals’ sanity and competency to manage their finances, and/or their living arrangements.
A forensic psychologist may also be called upon to testify in a court proceeding. If they do so, they are not acting as a therapist, but as an expert.
Courtroom Function of Legal Psychology
Psychologists also enter the justice-system arena during the courtroom proceedings. The most obvious is the "expert witness," those trained to assist the jury or judge in particular topics. It is important that the legal psychologist understand his/her role since the legal system views the expert witness as an independent and impartial person. The test of admissibility is if the information is reliable and relevant. This is so the court has a fair base to judge the accuracy of the psychological evidence, and must satisfy the established rules of evidence. The overt objection to the use of the expertise, is of course, that the jury may be intimidated or impressed with the expert’s findings.
There are two major areas in which the psychologist is required. The first is competency matters. Competency refers to the person’s mental condition to participate in legal proceedings. The factors here are time, place and the individual’s mind set. They must be able to make a rational decision at that time and place, and no underlying mental problems may, at the time, inhibit this judgment. Additionally, competency also refers to the topic of the trial. Here, the individual must be able to understand the charges against them, and to be able to rationally help in their defense.
The second area is insanity. While efforts to correct mental health now stresses community responsibility, the history of institutionalization helps us appreciate the balance that is needed. Insanity can be looked at in two ways. The first being that the individual not understand the wrongness of their actions, even though they understand the nature and consequences of these actions. This is referred to the M’Naughten Rule. Since the average juror would not know if the defendant had a serious mental illness, it is important to have someone testify about the nature of the defendant’s illness. Generally, this group will be the clinical psychologists and psychiatrists. The second view of insanity examines some form of compulsive behavior. Here, while recognizing the defendant as having a serious mental problem, the fact that he committed the offense means that he still retains a degree of responsibility. This view is represented by the Durham Rule and the ALITE test. It is the views of these two major concepts of insanity for which states differ. It is only after these decisions are made that the court decides if the defendant should plead not guilty by reason of insanity.
Psychological Approaches in a Forensic Setting
A common application of forensic methods is the use of "forensic symptoms" to enable cross-context manifestability, that is, the ability to identify the same symptoms across contexts isolating for different psychiatric disorders. Some forensic psychologists for example use the MacCAT-CR (MacArthur Competence Assessment Test) to assess standard types of mental state for illness or impairment, or the Hare Psychopathy checklist which is a multiple-item assessment used to distinguish certain types of types of criminal behavior.
To be employed effectively by the courts, the test has to be calibrated to both specific usages, e.g. the nuances of a sexual crimes setting versus a pre-trial detention setting, or a prison-based parole suitability hearing.
A particularly important application is the assessment of competency to stand trial, which involves subjective evaluation of the defendant s understanding of their current legal situation , irrespective of their prospective guilt or innocence. A defendant must be able to understand the difference between themselves and their surroundings in implementing the "functional test of competency". From there, the judgment of whether the accused can appreciate the content of legal proceedings e.g. the meaning of "pleading guilty" or "pleading nolo contendere", requires vertical development of their abstract moral reasoning, in light of the particular facts of their offenses. Finally, if the criminal trial proceeds, the defendant being competent is said to have attained "decisional competence" in their ability to meaningfully select how to respond to the prosecution, irrespective of their actual degree of criminal culpability.
Other areas for the application of forensic methods to law, often based on the notion of "algorithms" include risk assessments and criminal profiling.
Ethical Issues in Forensic and Law Psychology
One of the most important aspects of being a forensic and legal psychologist is working within the ethical guidelines of your training. The American Psychological Association is the hub of this field and its guidelines on ethics have the importance of an established authority. These ethical guidelines are not merely advisory, however. They function as a set of standards that are reinforced by state laws and board rulings holding psychologists accountable for professional misconduct.
In order to avoid losing your license, it is essential to be very familiar with the limits of your practice, professional conduct in regard to attorneys and the courts, and multiple other issues that can be difficult to navigate. For example, if you are contacted about a case from a jurisdiction outside of your area, the APA ethics code makes it clear that you need to abide by the law of the state in which the court is located. This is true even if you have been an expert in that area for decades and know the jurisdiction better than many local psychologists. It may seem unfair, but the court cannot make allowances for you simply because of your prestige in the field. At the same time, there are circumstances when the court can allow you to practice in the area and these are defined in the APA ethics code.
Some of the most common ethical violations in forensic and legal psychology can include: These ethical challenges highlight the importance of maintaining professional boundaries, confidentiality and impartiality in all aspects of work based in forensic and legal contexts.
The Future of Forensic and Legal Psychology
With the swift evolution of technology, forensic and legal psychology have both seen significant advancements in recent years. Among these changes, neuroimaging technologies have enhanced our understanding of the brain’s role in criminal behavior. Functional MRIs and other brain imaging techniques are being used to explore the neural underpinnings of violent behavior. Early research has demonstrated differences in the brain structures of convicted criminals, suggesting certain biological predispositions towards criminal behavior. Such insights not only deepen our understanding of the motivations behind criminal actions but also raise ethical questions about culpability and responsibility. As technology continues to evolve, the field of forensic and legal psychology anticipates more sophisticated tools for mapping the complex interactions of brain structure and function in relation to decision-making, impulse control, and aggression. Research into the impact of mental illness and neurological disorders on legal outcomes and mental health policy is also expected to expand . With the rise of disorders such as PTSD and depression among various populations—especially those interacting with the criminal justice system—there is a palpable need for improved protocols for treating and accommodating these individuals. Emerging research may well lead to better policies for sentencing, civil commitment, and community-based support for those with mental health issues. As the field of forensic and legal psychology continues to grow, there will also be an increased emphasis on interdisciplinary collaboration. The integration of clinical science with the legal system will facilitate the development of comprehensive treatment and risk-management programs for offenders and victims alike. In short, the potential for innovation in the field is virtually limitless. Technological advancements, interdisciplinary studies, and increased awareness of mental health issues will certainly impact not only the field of forensic and legal psychology but the entire spectrum of the legal system—ultimately leading to a more informed and empathetic approach to the intersection of law and mental health.