Week 5.2 Flashcards
Psychologists have to have…
Psychologists have to have insurance against litigation
Myths associated with forensic psychology (3)
- The way in which the media portray forensic psychology is usually inaccurate
- Psychologists do not carry guns or interrogate suspects
- Most reality TV shows remove all the uninteresting parts
Define forensic psychology
Forensic psychology is the intersection between psychology and the all areas of the criminal justice system
What areas does forensic psychology involve? (11)
- Research and develop theories associated with crime and victimization
- Testify in courts as an expert witness
- Determine the competence of the accused to stand trial
- Family law involvement [include child custody and visitation]
- Determination of insanity
- Litigation of others
- Worker and motor accident compensation
- Assessing criminals in terms of sentencing and or release/probation
- Assessing witnesses in terms of reliability and credibility
- Profiling
- Help with jury selection, how to effectively introduce evidence, etc
Why do courts use expert witnesses?
Psychologists are called to provide expert testimony on specific psychological questions that are deemed beyond the experience of a typical juror member
Example of when expert witnesses would be used
eg., Elizabeth Loftus testifies on the reliability and validity of eyewitness testimony
eg, Others may discuss the reliability and validity of repressed memories of adults regarding child sexual abuse
e.g. Could be involved in divorce – e.g. want sole custody because other parent is unfit or because want revenge
eg, the accuracy of this particular victim’s repressed memory
What do expert witnesses not do?
Courts will avoid asking expert witnesses their conclusions on the ultimate issue (Psychologists testifying are there to give the facts, not to make judgment on guilt or innocence)
What should expert witnesses provide? (5)
1) Evidence of their own competence to testify on this matter
2) Evidence of their ethical and professional standards
3) Testimony/evidence based on the reliable and valid principles and procedures of the discipline and profession of Psychology
4) Factual information that is clear, concise and understandable - to the general public
5) Material relevant to a specific issue and subject to the rules of evidence (eg, not hearsay)
Evidence of their own competence to testify on this matter involves…
The name of their relevant degrees, the University conferring the award, the relative status of the course [compared to other Universities], the expert’s performance in the course [honours etc], further relevant contributions to the field [publications, research etc] are all critically important
Evidence of their ethical and professional standards
involves…
The conditions under which the relevant information was generated [informed consent, consideration of confidentiality, use of reliable and valid assessment tools, use of reliable and valid psychology procedures [if psychotherapy, then name and provide evidence for this approach with this client], evidence of record keeping [immediate, detailed records, use of audio-recording etc]
Testimony/evidence based on the reliable and valid principles and procedures of the discipline and profession of Psychology involves… (2)
- If using standardised assessment tools, indicate the name of published psychological test, evidence of reliability [its repeatability] and validity [its use with this type of client with this type of problem etc.] Note, should always begin clinical cases with a detailed diagnostic assessment [DSM-5 category with justification for that diagnosis] (e.g. agreed upon definition of depression)
- If there was a subsequent intervention, then type of psychotherapy, its measures and procedures, scientific evidence for its use with this type of client with this type of problem
What do psychologists need to to?
Need to record results of sessions (notes)
Factual information that is clear, concise and understandable - to the general publicinvolves…
An expert witness is there to present information that is beyond the knowledge of the typical juror [e.g. general public] and therefore the evidence should be provided in such a way that the jurors understand the process [assessment, intervention, outcome]
Material relevant to a specific issue and subject to the rules of evidence (eg, not hearsay) involves…
Evidence should be restricted to fact - what the psychologist did, what they witnessed [saw and heard’ and the logical [but conservative] conclusions drawn from those facts
What must expert witnesses also do?
Should dress appropriately, punctual, use correct language etc.
