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Forensic Science. An Introduction to Scientific and Investigative Techniques Stuart H. James and Jon J. Nordby. Chapter 28. Forensic Psychology Chapter Author: Louis B. Schlesinger Presentation created by Greg Galardi, Peru, Nebraska. Forensic Psychology.

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Forensic science

Forensic Science

An Introduction to Scientific and Investigative Techniques

Stuart H. James and Jon J. Nordby

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Chapter 28
Chapter 28

Forensic Psychology

Chapter Author: Louis B. Schlesinger

  • Presentation created by Greg Galardi, Peru, Nebraska

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Forensic psychology
Forensic Psychology

  • Defined as the application of psychological findings to legal processes

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law
Psychological Research and Law

  • Hugo Munsterberg (1908) realized that psychological research findings had the potential to inform the criminal justice system about the unreliability of eyewitness accounts

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law1
Psychological Research and Law

  • Buckhout (1974) tested that theory in a study on purse snatching- determined memory was selective, not a copying process

  • Only 7 out of 52 witnesses could identify the suspect

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law2
Psychological Research and Law

  • Problems in accuracy of eyewitnesses include:

    • Unreliability of human information processing system

    • Procedures used by law enforcement officials to obtain eyewitness accounts of crimes

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law3
Psychological Research and Law

  • Kasin et al (2001) cite numerous problems with criminal justice system processes:

    • Wording of questions, line up instructions, confidence malleability, mug shots, induced biases, post event information, child witness suggestibility, attitudes and expectations, continued…

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law4
Psychological Research and Law

  • Kasin et al (2001) cite numerous problems with criminal justice system processes:

    • Hypnotic suggestibility, alcohol intoxication, cross race bias, weapon focus, forgetting curve, exposure time, and unconscious transference

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law5
Psychological Research and Law

  • Courts stance on unreliability of eyewitness identification changed with the advent of DNA

  • Many defendants were proved innocent with use of DNA when original convictions were based solely on eyewitness testimony

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law6
Psychological Research and Law

  • Earwitness testimony (Ollson et al, 1998) has also been shown to be poorer than eyewitness testimony in accuracy

  • False confessions (Kassin, 1997, 1998) are much more common than previously thought

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological research and law7
Psychological Research and Law

  • Brown V. Board of Education (1954) cited psychological research for first time

  • Psychological research was referenced in US Supreme Court decision, Ballew v. Georgia (1978)

  • Barrier of non-acceptance of psychological research in court has been removed

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology
Clinical Forensic Psychology

  • 1909 William Healy established first court clinic as an adjunct to the Cook County Juvenile Court in Chicago, Ill

  • In 1914 first adult court clinic was established

  • In 1930s, many states enacted sexual psychopath laws, which mandated evaluation and treatment of sex offenders

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology1
Clinical Forensic Psychology

  • By the end of the 1960s, almost every state has specialized diagnostic and treatment programs- both free standing and in prison

  • President Kennedy’s initiatives in the 1960s established community mental health centers

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology2
Clinical Forensic Psychology

  • Clinical Psychology did not gain licensure as an independent profession in all states until the 1970s

  • Psychologists were occasionally called to testify in court to the results of psychological testing or under the auspices of a psychiatrist

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology3
Clinical Forensic Psychology

People v. Hawthorne (1940), court decided there was “no magic of an MD degree”, and allowed properly trained psychologists to testify about a defendant’s mental state

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology4
Clinical Forensic Psychology

Jenkins v. United States(1962) landmark case which allowed psychologists to testify as expert witnesses in criminal matters

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology5
Clinical Forensic Psychology

  • Despite court decisions, it was not until the 1980s that a psychologist’s testimony was used regularly

  • Psychologists gained general acceptance by society as an independent mental health profession

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology6
Clinical Forensic Psychology

  • Many states had to change specific laws to allow forensic examinations to be performed by psychologists, not just psychiatrists

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology7
Clinical Forensic Psychology

  • Early 1990s forensic psychology was well on it’s way to being a major participant in legal decision making

  • American Board of Forensic Psychology was appointed as a credentialing body, and standards for professionals were established

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Clinical forensic psychology8
Clinical Forensic Psychology

  • Forensic psychologists are involved in:

    • Assessment

    • Treatment

    • Provision of testimony in a variety of legal cases such as family law, civil law and criminal law

    • Developing specializations in specific areas, such as sexual harassment, etc

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychology and law an uneasy alliance
Psychology and Law: An Uneasy Alliance

  • Basic differences in paradigms associated with psychology and law creates conflict:

    • Lawyers use adversarial approach

    • Psychologists use cooperative approach

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychology and law an uneasy alliance1
Psychology and Law: An Uneasy Alliance

  • Lawyers are concerned with assigning moral responsibility

  • Psychologists are taught not to moralize or make moral judgments

  • Lawyers are concerned with time and deadlines, speedy trial, etc

  • Psychologists are not as concerned with time, as it may take years to treat a patient

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychology and law an uneasy alliance2
Psychology and Law: An Uneasy Alliance

  • Psychologists generally adhere to a theoretical school: behavioral, cognitive, psychoanalytic

  • In law, theory gives way to individual cases and their resolution: law can be viewed as antitheoretical as a court will not try a case simply because it raises an interesting issue

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychology and law an uneasy alliance3
Psychology and Law: An Uneasy Alliance

  • Psychologists must recognize that when entering legal arena, they should understand the underlying pragmatic and philosophical approaches between the disciplines

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychology and law an uneasy alliance4
Psychology and Law: An Uneasy Alliance

  • Psychologists may be asked “ultimate” questions, which require the psychologist to translate their opinion to legal testimony, such as competency to stand trial or defendant’s state of mind

  • This issue is hotly debated (Champagne, 1991, Shuman 1996)

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Forensic assessment distinctions between clinical and forensic approach
Forensic Assessment: Distinctions between Clinical and Forensic Approach

  • Clinical psychologists are taught to evaluate their patient through interviews, psychological testing and additional information from family members, friends, hospital records and records from previous therapists

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Forensic assessment distinctions between clinical and forensic approach1
Forensic Assessment: Distinctions between Clinical and Forensic Approach

  • Clinical psychologists are taught to listen to patient’s concerns, and accept patient’s symptoms as valid

  • Lying, deceit, exaggeration and malingering do occur, but are secondary matters

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Forensic assessment distinctions between clinical and forensic approach2
Forensic Assessment: Distinctions between Clinical and Forensic Approach

  • Forensic psychologists can not automatically accept a litigant’s description of what happened.

  • Litigant has an obvious motive to lie, exaggerate, or distort symptoms and events

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Forensic assessment distinctions between clinical and forensic approach3
Forensic Assessment: Distinctions between Clinical and Forensic Approach

  • Litigant maybe seeking to create a psychological defense, recover money or damages, or to transfer from a jail to a hospital

  • Traditional clinical approach can not be used in forensic assessments

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Forensic assessment distinctions between clinical and forensic approach4
Forensic Assessment: Distinctions between Clinical and Forensic Approach

  • Criminal’s version of events, background and symptom description must be corroborated (Davidson, 1965, Melton et al, 1997) by the forensic psychologist

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Melton et al 1997 seven distinctions between a clinical and forensic psychologist
Melton et al (1997) Seven Distinctions between a Clinical and Forensic Psychologist

  • Scope

  • Importance of Client Perspective

  • Voluntariness

  • Autonomy

  • Threats to Validity

  • Relationships and Dynamics

  • Pace and Setting

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological testing traditional and specialized forensic tests
Psychological Testing: Traditional and Specialized Forensic Tests

  • Psychological testing is either quantitative or quasi-quantitative method of evaluating personality, psychopathology and mental functioning

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological testing traditional and specialized forensic tests1
Psychological Testing: Traditional and Specialized Forensic Tests

  • Testing assists in reducing subjectivity of clinical evaluation

  • Due to its objectivity, psychological testing is used a lot in forensic assessments

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Psychological testing traditional and specialized forensic tests2
Psychological Testing: Traditional and Specialized Forensic Tests

  • Traditionally used psychological tests:

    • Personality Inventories

    • Projective Personality Tests

    • Tests of General Educational Functioning

    • Tests of Memory Functioning

    • Tests for Neuropsychological Impairment

    • Test for Specific Disorders

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Projective tests
Projective Tests Tests

  • These tests are designed to have individuals respond to a visual stimulus, and when asked to respond to it, the individual’s response will reveal aspects of his or her personality

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Projective tests1
Projective Tests Tests

  • The Rorschach ink blot test is the most widely used projective test

  • Thematic Apperception Test (TAT) subject is shown a number of pictures and subject is asked to create a story, and it is assumed the subject will reveal wishes, thoughts, conflicts, motives and feelings

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Projective tests2
Projective Tests Tests

  • Projective Figure Drawings – person is asked to draw a house, a tree, a person, person of opposite sex, worst thing they can think of, or similar topics and interpretation is made from them

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Projective tests3
Projective Tests Tests

  • Bender-Gestalt test asks subject to copy nine geometric figures, and interpretation is done by psychologist from way drawing is done

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Personality inventories
Personality Inventories Tests

  • Highly standardized and have considerable empirical validation

  • Types include:

    • Minnesota Multiphasic Personality Inventory (MMPI)

    • California Psychological Inventory (CPI)

    • Millon Clinical Multiaxial Inventory (MCMI)

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Intellectual and cognitive assessment
Intellectual and Cognitive Assessment Tests

  • Intellectual and cognitive assessment is critical in any forensic assessment

  • Examples of tests include:

    • Wechsler Adult Intelligence Scale (WAIS)

    • Halsted-Reitan

    • Luria-Nebraska

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Specialized forensic tests
Specialized Forensic Tests Tests

  • Due to traditional psychological tests not being developed to address specific forensic issues, a number of researchers have developed specialized tests to focus directly on specific legal questions

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Specialized forensic tests1
Specialized Forensic Tests Tests

Examples of specialized forensic assessment instruments:

  • Competence to waive Miranda Rights

  • Competence to stand trial

  • Legal Insanity

  • Child Custody/Parental Fitness

  • Guardianship and Conservatorship

  • Competence for medical treatment decision making

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Interviews in altered states of consciousness
Interviews in Altered States of Consciousness Tests

  • Use of narcoanalysis, which is intravenous injection of item such as sodium amytal, places person in trance

  • Used primarily for therapeutic purposes

  • Hypnosis has also been used, however, its usefulness is not clear-cut

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Complicating factors in forensic assessment deception syndromes
Complicating Factors in Forensic Assessment: Deception Syndromes

  • Forensic examiner should develop a low threshold for suspecting deception in forensic settings, since distortion or exaggeration commonly occur

  • Types of deception include malingering and dissimulation

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Complicating factors in forensic assessment deception syndromes1
Complicating Factors in Forensic Assessment: Deception Syndromes

  • Pseudo-malingering (Schneck,1962) – where a mentally ill individual feigns mental illness they have

  • Ganser’s syndrome (1898) – true disorder which had appearance of malingering, example- 2+2=5,

CRC Press: Forensic Science, James and Nordby, 2nd Edition


Complicating factors in forensic assessment deception syndromes2
Complicating Factors in Forensic Assessment: Deception Syndromes

  • Some criminals claim there is a rational motive for their behavior

  • Other offenders try to convince themselves their crime was unplanned, provoked by victim or an accident

  • Other criminals simply engage in lying

CRC Press: Forensic Science, James and Nordby, 2nd Edition


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