Chapter 14: Forensic Applications Flashcards
Settings for forensic psychology
Prison (most common) Police departments Law firms Government agencies Private practice (consultants)
Role of psychologists in court
Provide testimony as an expert witness
Expert witness
Person who possesses knowledge and expertise necessary to assist judge/jury
Objective presentation is goal
Differences between clinical and forensic assessment: purpose
Clinical: purpose is diagnosis and treatment
Forensic: purpose is gaining information for court
Differences between clinical and forensic assessment: participation
Clinical: participation is voluntary
Forensic: participation is involuntary
Differences between clinical and forensic assessment: confidentiality
Clinical: confidentiality
Forensic: no confidentiality
Differences between clinical and forensic assessment: setting
Clinical: office
Forensic: jail
Differences between clinical and forensic assessment: testing attitude
Clinical: positive, genuine
Forensic: hostile, coached (by lawyer; malingering is a big concern)
Not guilty by reason of insanity
At the time of the offense the defendant, by reason of mental illness or mental defect, did not know his/her conduct was wrong
Used in less than 1% of felony cases; successful in about 25%
Results in mandatory hospitalization (prison-based state hospital; stay until person is no longer a danger)
Who makes court decisions?
Determination is made by judge/jury
Psychologist is consultant
NRGI defense: what assessment involves
Review of case records
Review of mental health history
Clinical interview
Psychological testing
Competency to stand trial
Not competent to stand trial if, because of mental illness or defect, they are unable to understand the charges or are unable to assist in their own defense
Competency to be sentenced
Criminal is required to understand reason for punishment
If cannot understand reason for punishment, don’t receive it
Rarely contested: most common cases of contesting are capital cases
Mitigation in sentencing
Determining whether circumstances exist that lessen moral culpability
Examples: crime of passion, brain injury causing impulsivity
Evaluate probability of future violence
Juvenile tried as adult
Determining whether to transfer juvenile to adult court
Decision is based on cognitive, emotional, and moral maturity
