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Find all the study resources for Forensic Psychology by Joanna Pozzulo; Adelle Forth; Craig Bennell. Joanna Pozzulo; Craig Bennell; Adelle Forth. () Essentials of Economics 5th 5E Glenn Hubbard $ Forensic Psychology. JOANNA POZZULO. Carleton University. CRAIG BENNELL . Carleton University. ADELLE FORTH. Carleton University. Boston Columbus.
Wells and Elizabeth F. Dickinson, and Brian L. Otto, Jacqueline K. Drogin and Curtis L. Oberlander, Naomi E. Goldstein, and Alan M.
Supreme Court, in Brown v. In this case, an appendix prepared by three psychologists, Kenneth B. Points raised in this appendix and in a subsequent response to the Court were cited in the opinion, representing the application of psychological research to appeals court decisions. In , a petition was submitted to the APA in support of recognition of forensic psychology as a specialty in professional psychology.
With this recognition, the number of graduate programs and postdoctoral fellowships are likely to increase, and the demand for forensic psychologists in a wide range of research, academic, and practice settings should intensify.
The origins of forensic psychology are addressed in the chapter by Ewing of this volume and in greater detail in the chapter by Brigham and Grisso in Volume 1. By its very nature, it must respond to questions of a legal nature, requiring not only an understanding of how the legal system operates but also a working familiarity with relevant statutes and case law.
Those identifying themselves as forensic psychologists do so on the basis of their personal, somewhat subjective belief that they possess the background, experience, skills, training, and knowledge that legally qualify them to make this claim.
The only credentialing organization recognized by the APA for inclusion in its Directory as specialists are those holding the Diplomate in Forensic Psychology from the American Board of Professional Psychology, approximately individuals nationwide. What should be included in the graduate training of those intending to enter forensic practice? At the postdoctoral level, what should be required as part of the training fellowship? Forensic assessments are conducted for a purpose.
Although many, if not most, cases in both civil and criminal court do not go to trial, forensic experts must anticipate that 8 Overview of Forensic Psychology their work will require court testimony forensic reports frequently contribute to pretrial settlements in civil suits and in plea bargains in criminal cases.
How can forensic psychologists offer expert testimony that is objective, data-based, and effective? How can they know the legal limits of their intended testimony?
In this section, forensic training and practice, the relationship among professional ethics, professional competence, and effectiveness, and the nature of expert testimony are examined. Authors argue for specialized training, skills, and knowledge, consider unusual ethical dilemmas and their resolutions, and discuss methods of conveying complex information to laypeople in an effective, objective fashion while conforming to the requirements and expectations of the legal system.
Books and journals, both nationally and internationally, abound. Packer and Borum discuss levels of training, internships, postdoctoral programs, and the nature and goals of continuing professional education, including those offered by such organizations as the APA and the American Academy of Forensic Psychology.
Ethical Principles and Professional Competencies in Forensic Practice Because of its uniqueness, perhaps no area of psychological practice receives more scrutiny than does forensic psychology. Reports and testimony focusing on the opinions reached by the expert are open to both criticism and formal crossexamination. Forensic psychologists are expected to possess specialized knowledge of statutes and case law, familiarity with rules of evidence, and experience in administering forensic assessment and forensically relevant instruments, as well as traditional clinical psychological tests.
Herbert Weissman and Deborah DeBow discuss professional standards implicit in the competent professional practice of forensic psychology.
They contend that legal competence is addressed through the application of ethical professional competency. Since the landmark decision in Jenkins v. Charles Patrick Ewing examines the history of expert testimony. He reviews the general legal rules that govern expert witness testimony, including the Federal Rules of Evidence. Approaches to Forensic Assessment In clinical psychological evaluations, with few exceptions, the psychologist interviews the person being evaluated and then administers a battery of tests appropriate to the referral question.
Data are analyzed and a report is prepared. Typically, no other information is considered. The assumption is made, for the most part correctly so, that the examinee has been truthful during the interview and candid in answering test questions, that no conscious attempts were made to look better or worse than the actual clinical picture.
In the civil setting, parents seeking custody may attempt to look more virtuous than they actually are, and plaintiffs in a personal injury suit may distort responses to appear more damaged than is the case.
Chapters in this section address ways of increasing the objectivity and validity of opinions on psycholegal issues. The need to consider corroborative information by way of thirdparty interviews and review of written records is explored. Using psychopathy as a model, the ways in which the use of reliable, objective measures of relevant psycholegal behavior and familiarity with the professional literature serve to increase the validity of forensic evaluations is detailed.
In addition, because the cornerstone of any forensic assessment is the evaluation of malingering, exaggeration, and defensiveness, relevant research and the use of measures designed to provide information on this topic are described.
For this reason, experts must consider data provided by independent sources, third-party information, to corroborate data obtained from the interested party through interviews and psychological testing. Sources for third-party information include others knowledgeable about the party involved in the suit or the events related to the case, and documents and records that may relate to statements made by the individual or that may provide additional information helpful in forming an opinion.
Kirk Heilbrun, Janet Warren, and Kim Picarello examine the relevance of third-party information in the forensic assessment process, describing its importance in forensic evaluations. They present research on this method, including a review of empirical studies on the use and value of thirdparty information. Relevant law and ethical standards related to these independent sources of data are explained. Heilbrun, Warren, and Picarello review the practice literature regarding the use of such data in terms of standards of practice, and they describe the process by which experts obtain, apply, and communicate third-party information in forensic assessments.
The presence or absence of psychopathy is relevant to a number of civil e. The reliable and valid assessment of psychopathy is, therefore, critical to issues of freedom and, in some cases, to decisions regarding life and death. Current conceptualizations of psychopathy, including symptom patterns, are reviewed.
As part of the overall evaluation strategy, Hemphill and Hart present assessment methodology, focusing on the Psychopathy Checklist-Revised Hare, , Priorities for future research on this critical topic are suggested. The motivation to respond in a self-serving fashion for secondary gain is readily apparent e. Consequently, forensic experts must consider the possibility that the examinee may have attempted to distort test results because of malingering, exaggeration, and defensiveness.
In the chapter by Richard Rogers and Scott Bender of this volume, they present an overview of conceptual issues and response styles related to malingering and defensiveness. They describe explanatory models of why individuals may attempt to portray psychological and physical impairments, and they examine major empirical issues and false assumptions frequently made about malingering. Law enforcement and other agencies employing those in high-risk occupations frequently retain psychologists as consultants.
Still other experts are retained as jury consultants, advising lawyers about which potential jurors might be most open to the arguments and evidence likely to be raised during trial. Forensic psychologists prescreen applicants for these occupations to assess their psychological suitability for highrisk jobs. Randy Borum, John Super, and Michelle Rand examine representative ethical issues confronting those performing such assessments in a chapter of this volume.
They discuss legal issues regarding the right to conduct evaluations for high-risk occupations and cite case law supporting its role in the employment process. From a practice perspective, Borum, Super, and Rand review job-related abilities, assessment methodology, and suitability analysis. In addition to physical evidence e. However, for a number of reasons, memories may become contaminated, lost, or destroyed, resulting in well-intentioned, but nonetheless inaccurate testimony.
The literature on eyewitness memory for people, focusing on the ability of eyewitnesses to identify suspects from lineups, is detailed, and those factors that may impair this ability are discussed. Wells and Loftus present a case to illustrate major points raised in their chapter. Voir Dire and Jury Selection The jury is the hallmark of a democratic system of justice. Decision making as to guilt or innocence in a criminal case and for or against a plaintiff in a civil case is placed in the hands of ordinary citizens, expected to consider evidence in an objective, unbiased fashion.
However, it has long been recognized that potential jurors bring into the courtroom their prior experiences, attitudes, biases, and personality characteristics, factors that may interfere with the impartial outcome of a trial.
The process of voir dire to speak the truth , mandated both by federal and state statutes, is designed to uncover biases that might interfere with the objective weighing of evidence. Who is on the jury is critical, therefore, for both sides in a trial. Margaret Bull Kovera, Jason Dickinson, and Brian Cutler describe the process of voir dire, as well as the system developed to challenge potential jurors, in this volume. This approach relies on demographics, personality traits, and attitudes and their relationship to trial outcome.
Kovera, Dickinson, and Cutler explain the limitations of research on jury selection and suggest directions for future research in this area. This holds true in both the civil and the criminal justice systems. Whereas the criminal justice system may punish those found guilty of a crime by depriving them of freedom, those found responsible for committing a wrong from which a damage resulted may be punished by having to pay a monetary award to the injured party.
In this section, a range of topics related to forensic assessments in the civil arena is considered. Authors consider child custody assessments, personal injury evaluations related to both childhood trauma and breach of duty, and discrimination evaluations based on claims of harassment, sexual harassment, hostile work environment, retaliation, physical and emotional disability, learning disability, and substance abuse.
In addition, substituted judgments involving such matters as living wills, health care surrogacies, and right to refuse treatment are discussed. For each civil issue, statutes, case law, ethical considerations, and assessment methodology are reviewed. Child Custody Evaluation The assessment of child custody is one of the most complex, challenging, and professionally risky areas of forensic evaluation.
Often, assessments involve evaluating only one person e. Because the stakes are high in a custody case, at least one parent is apt to be angry or resentful of the 12 Overview of Forensic Psychology outcome; consequently, ethics complaints against forensic psychologists involved in this area of assessment are more frequent than in any other facet of consultation APA Ethics Committee, They describe the legal standards for the determination of custody in the United States and review child custody evaluation guidelines developed by professional organizations.
The evaluation process is described, including the value and use of traditional psychological tests and forensic assessment instruments available for this purpose. The nature of reports and testimony is considered as well. The Assessment of Childhood Trauma During the past two decades, mental health professionals and attorneys increasingly have focused attention on the causes and effects of traumatic stress on children.
Claims of emotional damage or injury from childhood trauma may be relevant in a number of legal contexts, including personal injury, child custody, special education eligibility, and delinquency cases. The concept of trauma is discussed from a developmental perspective.
He presents a number of psycholegal contexts in which trauma may be the proximate cause of a claimed injury or damage. Personal Injury Examinations in Torts for Emotional Distress The law typically allows those who believe they have been physically or emotionally harmed to bring suit, in civil court, against those they believe damaged them. The plaintiff must demonstrate a relationship between the wrong and the damage, such that the damage would not have occurred but for what the defendant did: the concept of proximate cause.
Stuart Greenberg explains the legal framework of personal injury cases, the law of torts, placing it in historical perspective. Greenberg reviews the rules of civil procedure on both federal and state levels. Methodology for conducting personal injury evaluations is described. He discusses depositions and report writing in personal injury cases, as well as expert witness testimony. He presents a mock transcript, highlighting how the neutral, objective expert can offer effective, ethical testimony and advocate for his or her opinion.
Assessing Employment Discrimination and Harassment Title VII of the Civil Rights Act made it illegal to discriminate against others based on race, sex, religion, or national origin. Forensic psychologists may be called on to evaluate claims of alleged discrimination and harassment involving a range of issues.
Questions asked of experts include: Did harassment or discrimination occur, and if so, why? Was it welcomed or unwelcome, voluntary or coerced? Could there have been misinterpretation? Was there harm? Melba Vasquez, Nancy Lynn Baker, and Sandra Shullman present the legal bases underlying these claims in their chapter.
Forms of legal discrimination, including harassment, sexual harassment heterosexual and same-sex , hostile environment, and retaliation are considered. The professional literature on sexual and racial discrimination is reviewed.
The roles of the forensic psychologist are described, and specialized methodology addressing issues of employment discrimination and harassment are reviewed. Vasquez, Baker, and Shullman discuss the future directions of this area of forensic practice. Forensic Evaluation in Americans with Disability Act Cases Whereas the Civil Rights Act of banned discrimination on the basis of race, sex, religion, and national origin, it was not until the Americans with Disabilities Act of ADA that discrimination against those with physical and mental Organization of This Volume disabilities was prohibited.
He details the impact of discrimination on the basis of disability and focuses on mental disabilities, learning disabilities, and substance abuse disorders.
Foote presents methodologies to evaluate claims of disability related to both the assessment of damages and failure to provide reasonable accommodations. He explores the topics of disparate treatment and disparate impact assessments, reprisals for pursuing claims, and disability harassment and hostile work environments for those with disabilities. Situations in which this issue may arise include decisions involving the abilities to consent or refuse medical or psychiatric treatment, execute a will, and prepare a health care proxy.
Substitutions may involve prior judgments made by the individual advanced directives , present judgments, or future judgments. Forensic psychologists may be called on to offer opinions about decisions to be made or already made by individuals, alive or deceased.
Eric Drogin and Curtis Barrett describe the role of the forensic psychologist in the assessment of psycholegal issues related to substituted judgment. They review the legal and historical background for evaluating past, present, and future substituted judgment.
Drogin and Barrett explain substitutions for prior judgments, including living wills, heath care surrogacies, and durable powers of attorney. They discuss decisions related to guardianships and conservatorships.
A range of forensic assessment instruments developed for conducting these forensic evaluations is described. In recent years, considerable attention has been given to crimes committed by juveniles. Consequently, juveniles, despite their age and immaturity, are expected to be as competent as adults in understanding their rights and must be afforded the same constitutional protections as adults. Some states allow appropriate developmental immaturity as a basis for incompetence.
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