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Forensic Psychology

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Forensic psychology involves generating scientific knowledge and clinical techniques to help answer legal questions arising in criminal, civil, contractual, or other judicial cases or scenarios.[1][2][3] Forensic psychology includes both research on various psychology-law topics, such as jury selection, psycholegal psychometrics, and eyewitness testimony, as well as professional practice, such as evaluating individuals to determine competency to stand trial or assessing military veterans for service-connected disability compensation.[4][5] Historically and broadly, this field is known for applying psychological techniques specifically within court systems.[2][3] Key psychological influencers of this early development included Wilhem Wundt, Hugo Münsterberg, and Sigmund Freud among others.[6][7][8][3][9] Contemporary definitions of forensic psychology recognize that several subfields of psychology apply "the scientific, technical, or specialized knowledge of psychology to the law."[10][11] While the American Psychological Association (APA) officially recognized forensic psychology as a specialty under the narrower definition in 2001, the Specialty Guidelines for Forensic Psychologists were revised in 2013 and now reference several psychology subdisciplines, such as social,clinical, experimental, counseling, and neuropsychology.[12] Thus, individuals within Forensic Psychology hold various roles within the legal and clinical world such as private therapists, government workers, treatment providers for individuals within the prison system, law firm employees, and school therapists for children [13].

The Evolving Definition of Forensic Psychology

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Historically, the field of Forensic Psychology is known for its combination of psychological techniques specifically to the court system.[2][3] This definition and understanding has since evolved to include a larger arena for Forensic Psychology to be implemented within the justice system.[2][3] The contemporary world identifies Forensic Psychology as a branch of psychology that focuses on behaviors of people and incorporates clinical psychology techniques to do so.[1] The incorporation of this technique is no longer limited to the court but is now understood to be implemented in all legal process situations (explanations, behavior evaluations, crime investigations, guidance during proceedings, expert witness testimony, and treatment).[1][2] The modern world also recognizes several subfields of psychology that intersect with Forensic Psychology including social, experimental, counseling, and neuropsychology.[14]

History

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Key Influencers in the Development of Forensic Psychology

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Wilhelm Wundt is commonly known for being the first to begin experimentation in the field of Psychology and, thus, igniting the flame for future individuals to apply these experimental processes to various contexts, including legal ones.[15][16] A student of Wundt and the first director of Harvard's psychological laboratory, Hugo Münsterberg, authored On the Witness Stand in the first decade of the 20th century.[16][17] Münsterberg used this publication to bridge the gap between psychological and legal principles through the introduction of psychological research that could be applied in legal proceedings.[18] Sigmund Freud is another notable Psychologist who laid the framework of this field through his work in showing that psychopathological processes plays a role in criminal behavior.[3] Other Psychologists also involved involved in the Forensic Psychology development process through the addition of clinical and application mechanisms of psychology to legal settings including Lightner Witmer, William Stern, and William Healy .[19]

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Brown v. Board of Education of Topeka (1954)[20]

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This was the first case where the Supreme Court of the U.S. referenced expert opinions by psychologists.[21] After this, the addition of psychological mechanisms within court rooms began to be considered beneficial.[21]

Jenkins v. United States (1962)[22]

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Several years after the ruling of Brown v. Board of Education of Topeka, Justice David Bazelon of the D.C. Circuit Court of Appeals ruled that psychologists had the legal authority to testify as medical experts about mental illness.[23][21]

Establishment in Psychological Societies

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The American Psychology-Law Society (AP-LS) was created in 1969 and was later converted into Division 41 of the (APA) in 1980.[21] As the Forensic Psychology field continued to grow, more organizations dedicated to the study and application of psychology to the law began to develop. In 1976 the American Board of Forensic Psychology (ABFP) was chartered and eventually became a part of the American Board of Professional Psychology (ABPP) in 1985.[21] Later organizations and conferences aided in solidifying the development of forensic psychology, such as the American Academy of Forensic Psychology and the National Invitational Conference on Education and Training in Forensic Psychology (1995).[21][24] By 2001, the field of Forensic Psychology was recognized as a professional specialty by The American Psychological Association (APA).[21]

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Recently, forensic psychology has seen a large spike in popularity in the media and among many individuals. For example, many recent docuseries on Netflix feature forensic psychological content, including Making a Murderer and Sins of our Mother. Many younger individuals are drawn to this subject under the misconception that forensic psychology is primarily used for criminal profiling. Other TV shows and movies such as Criminal Minds, Manhunter, Mindhunter, and Silence of The Lambs have widely popularized the practice of criminal profiling, particularly within the Federal Bureau of Investigation's (FBI) Behavioral Analysis Unit (BAU).[25] Despite the excitement given to the idea of a career in criminal profiling, students who show an interest in this particular aspect of forensic psychology come to find that the practice of criminal profiling is rarely used outside of the BAU.[26]

Training and education

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Forensic psychology involves both elements of basic as well as applied work.[3] Forensic psychologists are required to hold a Ph.D. or Psy.D. in clinical psychology, counseling psychology, social psychology, organizational psychology, school psychology, or experimental psychology under accredited institutions.[27]Additionally, 2 years of supervised experience in their field is necessary.[27] There are no specific license requirements in the United States to be a forensic psychologist, although U.S. statesterritories, and the District of Columbia require licensure for psychologists in the state they intend to practice.[3] Certification specifically in forensic psychology is also available.[3] Psychologists who do not provide healthcare services might not need to be licensed in some U.S. jurisdictions.

In other countries, training and practitioner requirements may vary. In the United Kingdom, for example, a person must obtain the Graduate Basis for Registration with the British Psychological Society – normally through an undergraduate degree. This would be followed by Stages 1 (academic) and 2 (supervised practice) of the Diploma in Forensic Psychology (which would normally take 3 years full-time and 4 years part-time). Assessment occurs via examination, research, supervised practice, and the submission of a portfolio showing expertise across a range of criminological and legal applications of psychology. Once qualified as a "chartered" psychologist (with a specialism in forensic psychology), a practitioner must engage in continued professional development and demonstrate how much and of what kind, each year, in order to renew their practicing certificate.

Roles in Forensic Psychology

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Individuals within this field of psychology are not limited to the historical role of supplying the court system with expert witness testimony. [13]. Today, Forensic psychologists hold various functions including:

Practice/direct service

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Evaluations and assessments are completed by forensic psychologists to assess a person's psychological state for legal purposes.[28][29] Reasons for completing these evaluations can involve acquiring information for criminal court (such as insanity or incompetence), for criminal sentencing or parole hearings (often regarding a potential intellectual disability that prevents sentencing or one's risk of recidivism), for family court (including child custody or parental termination cases), or civil court (involving, for example, personal injury, competence to manage one's financial affairs, and psychological autopsies especially as related to testamentary capacity).[26] [30] Additional assessments that these professionals can perform include school threats.[27] There is great debate about whether these Forensic Psychological evaluations constitute as health care treatment, with the majority of arguments claiming they do not.[31] It is important to note that, while a forensic psychologist is responsible for assessing and reporting results of an evaluation, they do not make decisions on "ultimate issues" such as competence to stand trial or service-connected disability for U.S. military veterans.[32] Instead, the information provided by the expert evaluator is analyzed and is ruled on by the court which ordered the evaluation to take place.[32]

Forensic psychological evaluations do not constitute treatment or the provision of healthcare services.

Treatment providers may be asked to administer psychological interventions to those who require or request services in both criminal and civil cases. In regard to criminal cases, forensic psychologists can work with individuals who have already been sentenced to reduce recidivism, which refers to one's likelihood of repeating his or her offense. Other interventions that may be implemented in these settings are substance use disorder treatment, sex offender treatment, treatment for a mental illness, or anger management courses.[33] As for civil proceedings, treatment providers may have to treat families going through divorce or custody cases. They may also provide treatment to individuals who have suffered psychological injuries as a result of some kind of trauma.[34] Treatment providers and evaluators work in the same types of settings: forensic and state psychiatric hospitals, mental health centers, and private practices. Often, people who are considered members of ethnic or racial minorities are who forensic psychologists treat due to the overrepresentation of these individuals within the legal system.[35]

Consultations allow forensic psychologists to apply psychological expertise and research to help law enforcement, attorneys, and other legal professionals or proceedings better understand human behavior (e.g. criminal, witness, victim, jury), civil processes, effects of trauma or other life events, and so on. If working as a consultant, a forensic psychologist is able to be involved in legal proceedings through responsibilities such as reviewing court records (such as a defendant's psychosocial history or assess mitigating or aggravating factors in a case), serving as a jury consultant (organizing focus groups, shadow juries, mock juries, or helping with the voir dire proceedings), and assessment without testimony (in which results of a defendant's evaluation are not disclosed to the prosecution team, allowing the defense team to develop a defense strategy), among others. Essentially, consultations can take a number of forms, including the common ones below:

  1. Law enforcement consultations may take the form of assisting with criminal profiling, developing hiring procedures and methods, determining the psychological fitness of returning officers, or simply lending expertise on certain criminal behaviors.[36][37] There are several methods and approaches related to criminal profiling, but there is a lot of skepticism and criticism about the efficiency and accuracy of criminal profiling in general.[37] [38] A couple common approaches are the scientific approach, which includes the FBI's Crime Scene Analysis and Canter's Investigative Psychology, and the intuitive approach, which includes Tukey's Behavioral Evidence Analysis.[26][39][40][41]
  2. Trial consultants are psychologists who work with legal professionals, such as attorneys, to aid in case preparation. This includes jury selection, development of case strategy, and witness preparation.[42][43] Forensic psychologists working as trial consultants rely on research in order to best advise the individuals they are working with. Because trial consultants are often hired by one specific side in a trial, these psychologists are faced with many ethical issues. It is the responsibility of the psychologist to remain neutral when consulting – in other words, the consultant must not choose a side to support and consequentially omit or create information that would be beneficial to one side or another. Prior to accepting a case to work on, it is important that the forensic psychologist weigh the responsibilities of consulting on that case with the ethical guidelines put in place for the field of forensic psychology.

Expert testimony about matters relating to psychology is also an area in which forensic psychologists play an active role.[44][26] Unlike fact witnesses, who are limited to testifying about what they know or have observed, expert witnesses have the ability to express further knowledge of a situation or topic because, as their name suggests, they are presumed to be "experts" in a certain topic and possess specialized knowledge about it.[45] The requirements that must be met for forensic psychologists to be considered expert witnesses include clinical psychology expertise and knowledge of the laws that have jurisdiction over the court they are to testify.[46] Procedural and legal rules guide expert testimony, which include that the evidence must be relevant to the case, the method the expert used must be valid and reliable, and that the evidence will help the trier of fact.[44] An expert can be deposed by opposing counsel to discover what they plan to say in court, and attorneys have the opportunity to raise a challenge to the admissibility of the expert's testimony if there are questions about its relevance, or its validity and reliability (in the United States - the rules vary by country and jurisdiction).[44] Regardless of who calls in the expert, it is the judge who determines whether or not the expert witness will be accepted through a voir dire process of qualification.[47]

Research

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Forensic psychology researchers make scientific discoveries relevant to psychology and the law and they also sometimes provide expert witness testimony.[48][49] These professionals usually have an advanced degree in psychology (most likely a PhD). These professionals may be employed in various settings, which include colleges and universities, research institutes, government or private agencies, and mental health agencies.[50] Researchers test hypotheses empirically regarding issues related to psychology and the law, such as jury research and research on mental health law and policy evaluation.[50] Their research may be published in forensic psychology journals such as Law and Human Behavior or Psychology, Public Policy, and Law, as well as more broadly in basic psychology journals. Some famous psychologists in the field include Scott Lilienfeld who was widely known for his scholarship on psychopathology and psychopathy, Saul Kassin who is widely known for studying false confessions, Jennifer Skeem who is widely known for studying justice-involved people with mental illness, Michael Saks who is known for his contributions to jury research and improvements to forensic science, Barbara Spellman who is known for her cognitive psychology-law work as well as for her open science leadership, and Elizabeth Loftus and Gary Wells who are both known for their research on eyewitness memory.

Education and advocacy

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Academic forensic psychologists engage in teaching, researching, training, and supervision of students, among other education-related activities. These professionals also have an advanced degree in psychology (most likely a PhD) and are most often employed at colleges and universities. In addition to holding professorships, forensic psychologists may engage in education through presenting research, hosting talks relating to a particular subject, or engaging with and educating the community about a relevant forensic psychology topic.[51] Advocacy is another form of education, in which forensic psychologists use psychological research to influence laws and policies. These may be related to certain movements, such as Black Lives Matter or the Me Too movement, or may even be related to certain civil rights that are being overlooked.[52]

Ethics in forensic psychology

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The ethical recommendations and expectations outlined for forensic psychology specifically are listed in the APA's Specialty Guidelines for Forensic Psychology.[53] These guidelines involve reminders that forensic psychologists should value integrity, impartiality, and fairness, as well as avoid conflicts of interest when possible. These conflicts of interest may arise in situations in which the psychologist is working as a consultant to one side or another in a court case, when the psychologist is required to testify or evaluate something that collides with their own beliefs or values, or when a psychologist is faced with the decision of choosing between playing the role of an individual's evaluator or treatment provider in a case.[54] This final conflict of interest also relates to the ethical guidelines relating to having multiple relationships with clients.[53] As a standard of ethics, forensic psychologists are expected to offer a certain amount of reduced fee or pro bono services for individuals who may not be able to afford hiring a psychologist for a court case otherwise. Other ethical guidelines involve receiving informed consent from clients before communicating information regarding their treatment or evaluations, respecting and acknowledging privacy, confidentiality, and privilege among clients, remaining impartial and objective when involved in a trial, and weighing the moral and ethical costs of complying with any court orders that may conflict with professional standards.[55][56][57]

Salary of a forensic psychologist

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There is a wide range of pay for individuals in the forensic psychology field.[58] The annual income median fluctuates between $125,000 and $149,999 in the United States with men and women showing significant differences in their pay ranges. The median annual income range for men is $175,000-$199,000 while the median annual income for women is $100,000-$124,999.[59]


Peer review responses:

Leanna321 suggested that I swap the lead paragraph around to incorporate the modern definition first. I thought this advice was very constructive, so I addressed this concern by re-writing the paragraph so that the modern definition was first. I also plan to incorporate the updated salaries within the "careers" section as Leanna321 suggested. Regarding the last sentence speaking about incorporating the ethics and the evaluations into the lead, I am unsure if I will be using those in my final article draft so I have not added those just yet.

I believe I addressed the repetition concerns of Psychologylearner1 through the restructuring of my lead paragraph. Regarding their comment about adding more information on advocacy for underrepresented groups, I am in the process of finding references for this. I would love to include more information on it; however, I am finding it difficult to reference.

Alaynna2023 stated that more information within the history section could help increase the article. I totally agree and began addressing this concern through adding more and updated information on "key influences" and "key cases" of Forensic Psychology. I plan to ad more to these sections as I continue my research.

References

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Forensic psychology

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  2. ^ a b c d e Canter, David V. (2010). Forensic psychology : a very short introduction. Oxford: Oxford University Press. ISBN 978-0-19-157641-6. OCLC 650290070.
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  5. ^ Neal, Tess M.S. (July 2018). "Forensic psychology and correctional psychology: Distinct but related subfields of psychological science and practice". American Psychologist. 73 (5): 651–662. doi:10.1037/amp0000227. ISSN 1935-990X. PMID 29431456. S2CID 46817929.
  6. ^ T., Huss, Matthew (2014). Forensic psychology : research, clinical practice, and applications. John Wiley and Sons, Inc. ISBN 978-1-118-55413-5. OCLC 945681861.{{cite book}}: CS1 maint: multiple names: authors list (link)
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  11. ^ Neal, Tess M. S. (2017). "Identifying the Forensic Psychologist Role". In Pirelli, Gianni; Beattey, Robert A; Zapf, Patricia A (eds.). The Ethical Practice of Forensic Psychology: A Casebook. Oxford University Press. pp. 1–31. doi:10.1093/acprof:oso/9780190258542.001.0001. ISBN 9780190258542.
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  29. ^ Neal, Tess M.S.; Mathers, Elizabeth; Frizzell, Jason R. (2022), Asmundson, Gordon J. G. (ed.), "Psychological Assessments in Forensic Settings", Comprehensive Clinical Psychology (Second Edition), Preprint available for free: psyarxiv.com/5g3mj, Oxford: Elsevier, pp. 243–257, doi:10.1016/b978-0-12-818697-8.00150-3, ISBN 978-0-12-822232-4, S2CID 244328284, retrieved 2022-09-20
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  36. ^ "Psychological sleuths--Criminal profiling: the reality behind the myth". apa.org. Retrieved 2020-05-04.
  37. ^ a b Louw, Dap (2015-01-01). "Forensic Psychology". In Wright, James D. (ed.). International Encyclopedia of the Social & Behavioral Sciences. International Encyclopedia of the Social & Behavioral Sciences (Second Edition). Elsevier. pp. 351–356. doi:10.1016/b978-0-08-097086-8.21074-x. ISBN 978-0-08-097087-5. Retrieved 2020-04-04.
  38. ^ Campbell, Francis. "Professors question validity of RCMP psychological autopsy of mass killer | SaltWire". www.saltwire.com. Retrieved 2022-09-21.
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  43. ^ Brodsky, S.L. (2009). Principles and Practice of Trial Consultation. New York: Guilford Press. ISBN 9781606233900.
  44. ^ a b c Line, Emily N.; McCowan, Kristin; Plantz, Jake W.; Neal, Tess M.S. (2022-05-30), "Expert Witness Testimony. In In R. Roesch (Ed.), The Routledge Encyclopedia of Psychology in the Real World.", Expert Witness Testimony, Routledge, doi:10.4324/9780367198459-reprw5-1, retrieved 2022-09-20, Available for free at psyarxiv.com/pef3z
  45. ^ Blau, Theodore (2 November 2001). The Psychologist as Expert Witness. Wiley and Sons. p. 26. ISBN 0-471-11366-2. Retrieved 2008-01-23.
  46. ^ De Fabrique, Nathalie (2011), Kreutzer, Jeffrey S.; DeLuca, John; Caplan, Bruce (eds.), "Forensic Psychology", Encyclopedia of Clinical Neuropsychology, New York, NY: Springer New York, pp. 1069–1070, doi:10.1007/978-0-387-79948-3_2244, ISBN 978-0-387-79947-6, retrieved 2022-11-18
  47. ^ Louw, Dap (2015-01-01). "Forensic Psychology". In Wright, James D. (ed.). International Encyclopedia of the Social & Behavioral Sciences. International Encyclopedia of the Social & Behavioral Sciences (Second Edition). Elsevier. pp. 351–356. doi:10.1016/b978-0-08-097086-8.21074-x. ISBN 978-0-08-097087-5. Retrieved 2020-04-04.
  48. ^ Fulero, Solomon M.; Wrightsman, Lawrence S. (2009). Forensic psychology (3rd ed.). Belmont, CA: Wadsworth. ISBN 978-0-495-50649-2. OCLC 181600770.
  49. ^ Neal, Tess M.S. (July 2018). "Forensic psychology and correctional psychology: Distinct but related subfields of psychological science and practice". American Psychologist. 73 (5): 651–662. doi:10.1037/amp0000227. ISSN 1935-990X. PMID 29431456. S2CID 46817929.
  50. ^ a b What are the Roles and Responsibilities of a Forensic Psychologist, retrieved March 12, 2013
  51. ^ Fulero, Solomon M.; Wrightsman, Lawrence S. (2009). Forensic psychology (3rd ed.). Belmont, CA: Wadsworth. ISBN 978-0-495-50649-2. OCLC 181600770.
  52. ^ Weiner, Irving B.; Otto, Randy K., eds. (2013). The handbook of forensic psychology (Fourth ed.). Hoboken, New Jersey: John Wiley & Sons, Inc. ISBN 978-1-118-73483-4. OCLC 842307646.
  53. ^ a b American Psychological Association (2013). "Specialty guidelines for forensic psychology". American Psychologist. 68 (1): 7–19. doi:10.1037/a0029889. ISSN 1935-990X. PMID 23025747.
  54. ^ Fulero, Solomon M.; Wrightsman, Lawrence S. (2009). Forensic psychology (3rd ed.). Belmont, CA: Wadsworth. ISBN 978-0-495-50649-2. OCLC 181600770.
  55. ^ Weiner, Irving B.; Otto, Randy K., eds. (2013). The handbook of forensic psychology (Fourth ed.). Hoboken, New Jersey: John Wiley & Sons, Inc. ISBN 978-1-118-73483-4. OCLC 842307646.
  56. ^ Goldwaser, Alberto M.; Goldwaser, Eric L. (17 October 2018). The forensic examination: a handbook for the mental health professional. Cham, Switzerland. ISBN 978-3-030-00163-6. OCLC 1057471994.{{cite book}}: CS1 maint: location missing publisher (link)
  57. ^ Neal, Tess M. S. (2017). "Identifying the Forensic Psychologist Role". In Pirelli, Gianni; Beattey, Robert A; Zapf, Patricia A (eds.). The Ethical Practice of Forensic Psychology: A Casebook. Oxford University Press. pp. 1–31. doi:10.1093/acprof:oso/9780190258542.001.0001. ISBN 9780190258542.
  58. ^ "Average Forensic Psychologist Salary 2021: Hourly and Annual Salaries". www.zippia.com. 2020-05-18. Retrieved 2021-11-21.
  59. ^ Neal, Tess M.S.; Line, Emily N. (2022-07-07). "Income, Demographics, and Life Experiences of Clinical-Forensic Psychologists in the United States". Frontiers in Psychology. 13: 910672. doi:10.3389/fpsyg.2022.910672. ISSN 1664-1078. PMC 9302360. PMID 35874388.{{cite journal}}: CS1 maint: PMC format (link) CS1 maint: unflagged free DOI (link)
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