1. Introduction to Clinical Psychology: Science, Practice and Ethics Chapter 16 Forensic Psychology This multimedia product and its contents are protected under copyright law. The following are prohibited by law: Any public performance or display, including transmission of any image over a network; Preparation of any derivative work, including the extraction, in whole or in part, of any images; Any rental, lease, or lending of the program Copyright ©Allyn & Bacon 2005

2. Forensic Psychologist “forensic psychologist refers to any psychologist, experimental or clinical, who specializes in producing or communicating psychological research or assessment information intended for application to legal issues” (Grisso, 1987). Copyright ©Allyn & Bacon 2005

3. Psychology-Law: A wary alliance Determinants of human behaviour Determinants of human behaviour Tolerance for indecision Tolerance for indecision Arriving at the truth Arriving at the truth

4. Copyright ©Allyn & Bacon 2005 Determinants of Human Behaviour Psychology – deterministic Psychology – deterministic Law – free will Law – free will partial solution – psychologists do not testify about the “ultimate question” partial solution – psychologists do not testify about the “ultimate question”

5. Copyright ©Allyn & Bacon 2005 Tolerance for Indecision Law – low tolerance of ambiguity. “Truth” must be determined in each case Law – low tolerance of ambiguity. “Truth” must be determined in each case Psychology – high tolerance for ambiguity. Psychological science rarely determines truth – “more research needs to be done” Psychology – high tolerance for ambiguity. Psychological science rarely determines truth – “more research needs to be done”

6. Copyright ©Allyn & Bacon 2005 How to arrive at the truth Law – via an adversarial process Law – via an adversarial process Psychology – application of the methods of science Psychology – application of the methods of science

7. Copyright ©Allyn & Bacon 2005 Risk Assessment: Robert Hare Psychopathy Checklist-Revised (PCL-R): best single predictor of violent behaviour Psychopathy Checklist-Revised (PCL-R): best single predictor of violent behaviour Expert Opinion: Expert Opinion: Risk for Violence: PCL-R Risk for Violence: PCL-R Competency to Stand Trial: WAIS III, MacArthur Competence Assessment Tool Competency to Stand Trial: WAIS III, MacArthur Competence Assessment Tool

8. Copyright ©Allyn & Bacon 2005 Expert Witness Fact witness – can only testify about direct observations Fact witness – can only testify about direct observations Expert witness – is expected to offer opinion Expert witness – is expected to offer opinion Establishing expert status Establishing expert status Education and training Education and training Relevant experience Relevant experience Research and publications Research and publications Licensing Licensing Special knowledge in applying psychological principles Special knowledge in applying psychological principles

9. Copyright ©Allyn & Bacon 2005 Expert Witness Standards Frey (1923) - expert opinion is “generally accepted” in scientific community Frey (1923) - expert opinion is “generally accepted” in scientific community Daubert (1993) – “relevance and validity” of the expert opinion Daubert (1993) – “relevance and validity” of the expert opinion Implications of Daubert to forensic psychology Implications of Daubert to forensic psychology Reliability and validity of assessment methods Reliability and validity of assessment methods Explicit methods of drawing conclusions Explicit methods of drawing conclusions Qualify testimony based on adequacy of theory and methods Qualify testimony based on adequacy of theory and methods

10. Copyright ©Allyn & Bacon 2005 Admissible Assessments Preferred: Preferred: Psychopathy Checklist-Revised (PCL-R) Psychopathy Checklist-Revised (PCL-R) MMPI-2 MMPI-2 Wechsler Scales Wechsler Scales Dismissed: Dismissed: Projective Assessment Projective Assessment

11. Copyright ©Allyn & Bacon 2005 Psychology and criminal law Competence to stand trial Competence to stand trial Other competencies Other competencies Insanity defense Insanity defense Sentencing Sentencing Consultation Consultation Jury selection Jury selection Jury shadowing Jury shadowing Witness preparation Witness preparation Attorney preparation Attorney preparation

12. Copyright ©Allyn & Bacon 2005 Competence to stand trial Dusky Standard Dusky Standard “the test must be whether he has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and whether he has the rational as well as factual understanding of the proceedings against him” (Dusky v. United States, 1960) “the test must be whether he has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and whether he has the rational as well as factual understanding of the proceedings against him” (Dusky v. United States, 1960)

13. Copyright ©Allyn & Bacon 2005 Competence to Stand Trial Can the person appreciate the charges against him or her? Can the person appreciate the charges against him or her? Can the person cooperate with counsel? Can the person cooperate with counsel? Can the person understand the proceedings of the court? Can the person understand the proceedings of the court?

14. Copyright ©Allyn & Bacon 2005 Not competent to stand trial. What happens? “A person charged by a State with a criminal offense who is committed solely on the account of his incapacity to proceed to trial cannot be held more than a reasonable period of time necessary to determine whether there is a substantial probability that he will attain the capacity in the foreseeable future.” (Jackson v. Indiana, 1972)

15. Copyright ©Allyn & Bacon 2005 Other competencies Waive Miranda rights: “ You have the right to remain silent...” Waive Miranda rights: “ You have the right to remain silent...” Waive right to counsel Waive right to counsel Competence of witness Competence of witness Competence to be executed Competence to be executed

16. Copyright ©Allyn & Bacon 2005 The Insanity Defense M’Naughten standard M’Naughten standard “at the time of committing the act, the person accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong” “at the time of committing the act, the person accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong”

17. Copyright ©Allyn & Bacon 2005 The Insanity Defense American Law Institute standard American Law Institute standard “ A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law” “ A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law”

18. Copyright ©Allyn & Bacon 2005 Conducting an insanity defense Mental state at the time of the offense Mental state at the time of the offense Collateral sources of information (e.g., police reports, eye witnesses, mental health records) Collateral sources of information (e.g., police reports, eye witnesses, mental health records)

19. Copyright ©Allyn & Bacon 2005 Sentencing General deterrence General deterrence Individual deterrence Individual deterrence Incapacitation Incapacitation Retribution Retribution Moral outrage Moral outrage Rehabilitation Rehabilitation Restitution Restitution

20. Copyright ©Allyn & Bacon 2005 Psychology and Civil Law Civil commitment Civil commitment Child protective Child protective Child custody in divorce Child custody in divorce

21. Copyright ©Allyn & Bacon 2005 Civil Commitment: Criteria Mentally ill Mentally ill Dangerous to self, dangerous to others or gravely disabled Dangerous to self, dangerous to others or gravely disabled Unwilling to consent to voluntary hospitalization Unwilling to consent to voluntary hospitalization Treatable Treatable Hospitalization is “least restrictive alternative” Hospitalization is “least restrictive alternative”

22. Copyright ©Allyn & Bacon 2005 Confidentiality & Beyond Confidentiality can be defined as the ethical, professional, and legal obligation of a clinician not to disclose what is communicated to him or her within the therapist–client relationship Confidentiality can be defined as the ethical, professional, and legal obligation of a clinician not to disclose what is communicated to him or her within the therapist–client relationship Clinicians face a conflict between their obligation of confidentiality toward their clients and their duty to protect others from potentially dangerous clients Clinicians face a conflict between their obligation of confidentiality toward their clients and their duty to protect others from potentially dangerous clients

23. Copyright ©Allyn & Bacon 2005 Tarasoff Decision protective privilege ends when the public peril begins protective privilege ends when the public peril begins when a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger when a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger

24. Copyright ©Allyn & Bacon 2005 Child Abuse and Neglect Phases of involvement in child abuse and neglect cases Phases of involvement in child abuse and neglect cases Mandated reporting Mandated reporting Family disruption Family disruption Family reunification Family reunification Termination of Parental Rights Termination of Parental Rights

25. Copyright ©Allyn & Bacon 2005 Termination of Parental Rights parens patriae Parent is “unfit” (i.e., the child will continue to be abused or neglected) Parent is “unfit” (i.e., the child will continue to be abused or neglected) and “not amenable” to intervention (i.e., parent can’t be made fit) and “not amenable” to intervention (i.e., parent can’t be made fit) State has provided services to address deficits State has provided services to address deficits Better alternative is available for the child Better alternative is available for the child

26. Copyright ©Allyn & Bacon 2005 Child Custody in Divorce Primary purpose of evaluation is to assess the “best interests” of the child Primary purpose of evaluation is to assess the “best interests” of the child Psychologist evaluates all principal players Psychologist evaluates all principal players Custody preference is considered as well as rationale for preference Custody preference is considered as well as rationale for preference Requires knowledge of Requires knowledge of Child development, family dynamics, psychopathology, personality functioning, impact of divorce on children, etc Child development, family dynamics, psychopathology, personality functioning, impact of divorce on children, etc

27. Copyright ©Allyn & Bacon 2005 Testifying in Court Direct examination Direct examination Establishing qualifications Establishing qualifications Laying the foundations Laying the foundations Findings, conclusions, opinions Findings, conclusions, opinions hypotheticals hypotheticals Cross examination Cross examination

28. Copyright ©Allyn & Bacon 2005 Training and Certification in Forensic Psychology Graduate school Graduate school Post-doctoral training Post-doctoral training Continuing education Continuing education ABBP in Forensic Psychology ABBP in Forensic Psychology