Forensic Flashcards
Forensic definition
Application of psych to law - intersection of psych and law
Young discipline - UK (1953), US (2001), Aus (1993)
Different to forensic science - does use scientific methods but areas of practice are different
What do forensic psych do?
Apply psych knowledge/skills within legal framework or criminal justice system - need endorsement
Often assessments of clients to address prediction of risk, diagnosis, judicial decision making
Where do forensic psychs work?
- Legal/court - trial consultant
- expert witness
- child custody
- Prisons
- clinical forensic psych practitioners
- criminal investigations
- research/teaching
3 types of forensic assessment
1- forensic assessment instruments (only used in forensic setting and relevant to legal standard)
2- forensically relevant instruments (general measures with specific utility in forensic setting)
3 - Clinical instruments (parallels intelligence and personality assessments with population differences)
Always consider effects of cultural expression
Ideological clash
Psychology is objective, truth seeking and empirical
The law is zealous advocate (does anything legal to help clients goals), justice seeking, adversarial system (each side comes up with theory and presents to impartial person)
Assist in court to make decisions on…
- Fitness to stand trial
- not guilty due to mental impairment
- custody evaluations
- bail recommendations
Psychs present in court
- Expert testimony after assessment
- forensic assessment if relevant to legal standards in case
Both objective and factual based
3 Aus jurisdictions
- Criminal- against public or crown
- civil- between individuals or organisations
- family
Fitness to stand trial
Determines capacity to understand various elements of criminal trial
Could be due to cognitive decline, intellectual disability, mental illness, psychological trauma, psychosis
MacArthur competence assessment tool
Use tool or structured clinical assessment to determine if client is unable to:
• understand charge
• enter a plea or exercise the right to challenge jury
• understand nature of trial (it is an inquiry to see if person committed offence)
• follow course of trial
• understand effect of evidence that gives support to prosecution
• Give instruction to legal team
Mental impairment asking
Retrospective evaluation- were they responsible for their actions at the time of the crime?
Assessed with rogers criminal responsibility assessment scales
Mental impairment defence
Is a legal term not a medical term - no diagnosis of mental impairment
Either did not know nature of conduct or that it was wrong
Mental impairment defence is established must be found not guilty due to mental impairment
Juries often reluctant to return this verdict due to sense of injustice (can often result in more time served)
Custody evaluations
Independent, non biased from child’s perspective
Interviews with all parties, personality and cognitive testing, demographic assessment and risk assessment
Are more specific assessments but not widely used
Risk assessment
Readiness for parole: some will violate laws at first opportunity eg- people with psychopathy diagnosis 4 times more likely to fail on prison release
Assessment of risk for violence: actual, attempted and threatened
2 types risk assessment
Structured clinical judgement: flexible, dynamic clinical interviews for treatment and prevention. Subjective and inaccurate, low inter-rater and test-retest reliability
Actuarial: formal rules assessing risk factors. Reliable and consistent with predictive validity, transparency and accountability (important for expert testimony)