ROLE OF FORENSIC PSYCHOLOGIST IN COURT AND INVESTIGATION OF CRIME

INTRODUCTION

Forensic psychology combines psychology and criminal justice. It demands a strong grasp of criminal law to work effectively with judges, attorneys, and other legal experts. A key part of forensic psychology is providing expert court testimony. This requires simplifying complex psychological findings into clear, accessible language for legal professionals. To be credible, forensic psychologists must understand the judicial system’s principles, rules, and standards. Forensic psychologists play a crucial role in the legal system, providing expert advice and services. They provide sentencing and treatment recommendations to judges, train and evaluate law enforcement personnel, and assist with jury selection. Forensic psychologists also apply their expertise in various legal contexts, such as treating mentally ill offenders, consulting with attorneys on jury selection and other matters, analyzing a criminal’s mindset and intent, and practicing in civil law.

 Additionally, forensic psychologists conduct research to improve legal processes, including examining eyewitness testimony and developing effective interrogation methods. Their expertise also informs public policy, such as designing correctional facilities and prisons. Ultimately, forensic psychologists assist the legal system by applying psychological expertise to various aspects of the law.

FORENSIC PSYCHOLOGY

The term “forensic” has its roots in the Latin word “forensic,” meaning “of the forum,” which means the place where disputes were settled. Forensic psychology, in essence, involves applying psychological principles to the legal system, bridging the gap between psychology and law. Forensic psychology encompasses the application of psychological expertise to legal issues. This involves psychologists from various specialties such as clinical, developmental, social, or cognitive psychology who utilize their scientific knowledge to provide judicial, contractual, and administrative advises.

According to Walker and Shapiro, “Forensic Psychology is a study which includes integration of psychology and law.”

According to Polizzi and Draper, “Forensic psychology tries to provide expert opinion and explanation based on established knowledge within the discipline of psychology as this relates to the topics of criminal law, family law and civil liability law.”

ROLE OF FORENSIC PSYCHOLOGIST BY PROF. LIONEL HAWARD

In 1981 Prof. Lionel Haward who is the founding father of Criminal Psychology of UK, described 4 role of forensic psychologist which is performed when they are engaged in criminal proceedings. Those four roles are discussed below:

Clinical Role

Forensic psychologists conduct assessments to provide expert opinions. They use interviews, specialized tools and tests to evaluate an individual’s mental state. These assessments help authorities like police, the courts, or the prison and probation services to understand the individual’s psychological functioning.  For instance, a forensic psychologist may assess whether a defendant is mentally fit to stand trial or if they have a mental illness that impairs their understanding of the proceedings.

Experimental Role

In this role forensic psychologists conduct studies and gather data to help the court in taking legal decisions. This may involve designing and conducting experiments to test specific hypotheses relevant to the case, such as investigating the reliability of eyewitness testimony by simulating conditions similar to the crime scene. Alternatively, they may provide the court with a comprehensive summary of existing research findings relevant to the case, analyzing and interpreting the results of previous studies which may relevant to take legal decisions by the court. By conducting research and providing expert analysis, forensic psychologists help ensure that the court must take decision in the best interest of justice.

Actuarial Role

In the context of forensic psychology, the term “actuarial” refers to the application of statistical analysis to inform a case. A forensic psychologist may assume an actuarial role by providing statistical data to the court, such as the probability of a specific event occurring. For instance, when determining an offender’s sentence, the court may seek to understand the likelihood of recidivism. In this scenario, a forensic psychologist would be consulted to provide statistical insights, which would provide the pre-sentence report and ultimately assist the court in making a more effective decision.

Advisory Role

In this role the forensic psychologist work as an Legal Advisor. Forensic psychologist offers expert advice to facilitate investigations, trials, and other legal proceedings. They may assist the police in developing an investigation strategy, creating an offender profile, or determining the most effective approach to interviewing a suspect. Additionally, prosecutors or defense attorneys may seek guidance on how to cross-examine vulnerable witnesses or other expert witnesses effectively. By leveraging their expertise, forensic psychologists provide valuable insights to the police, courts, and correctional services, ultimately contributing to more effective decision-making and improved outcomes.

ROLE OF FORENSIC PSYCHOLOGIST IN COURT

Forensic Psychologist as an expert witness

Forensic psychology is a specialized field that focuses on evaluating the psychological states of criminals, developing offender profiles, and examining prison systems. Forensic psychologists provide expert opinions to courts on sentencing considerations, taking into account mental health concerns and potential risks. As experts in criminal behavior, forensic psychologists offer valuable insights to courts. They can testify as expert witnesses for either defense or prosecution, applying their skills to assist in criminal defense cases. For instance, they may caution about potential self-harm, suicidal tendencies, or future violence by the accused or victim. They can also recommend routine psychological interventions.

Forensic psychologist as the Court Appointed Evaluator

Forensic Psychologist evaluate the capacity of the parties to stand in the trial. Forensic psychologists assess the competency of both victims and defendants to participate in trial proceedings. This evaluation encompasses not only the individual’s mental state but also their cognitive abilities, such as processing and reasoning capacity, in relation to the charges against them. Additionally, the psychologist examines the person’s understanding of the trial process, including the implications of accepting guilt versus proceedings to trial. If deemed competent, the defendant proceeds to trial. Conversely, if found incompetent, they are referred for treatment and rehabilitation until they are deemed fit to stand trial. Forensic psychologists conduct assessments to determine if the accused’s criminal actions were significantly impacted by a mental defect or disorder. Specifically, they evaluate whether the individual’s mental state rendered them unable to comprehend the illegality or wrongfulness of their behavior. This type of evaluation can potentially lead to an insanity defense, where the accused’s mental state at the time of the crime is called into question.

 Another crucial evaluation conducted by forensic psychologists is the psychiatric crisis assessment. This evaluation is typically requested by the court when a defendant exhibits acute mental health issues during proceedings. A risk assessment is performed by the court clinician or forensic psychologist, and if necessary, the individual may be hospitalized. Following the evaluation, the forensic psychologist may be called to testify in court as an expert witness. In this role, they provide specialized knowledge and insights, drawing from their expertise in areas such as mental health, social psychology, experimental psychology, cognitive psychology, and developmental psychology. Ultimately, the judge determines the admissibility and weight of the expert’s testimony, considering its relevance and credibility in informing the court’s decision.

Role of Forensic Psychologist in Family Court

Forensic psychology plays a crucial role in family law cases, providing expert evaluations and interventions to ensure the best interests of children. Child custody evaluations, visitation risk assessments, and grandparent visitation evaluations are conducted to inform advise courts. Additionally, forensic psychologists provide mediation services to resolve parenting conflicts and develop family reunification plans. They also conduct child abuse evaluations, adoption readiness assessments, and termination of parental rights evaluations. Furthermore, forensic psychologists offer therapeutic services, including supervised visitation, parenting skills training, anger management, divorce adjustment counseling for children and adults, and parental communication skills training. These services aim to promote healthy family relationships, mitigate conflict, and support the well-being of children and families involved in the legal system.

Role of Forensic Psychologist in Civil Courts

Forensic psychologists play a vital role in civil court cases, providing expert evaluations and testimony in various areas. These include personal injury evaluations, independent medical evaluations (IMEs), and second opinion assessments. They also assess emotional factors in cases of sexual harassment, discrimination, and worker’s compensation claims. Additionally, psychologists conduct civil competency evaluations and psychological autopsies to inform court decisions. In conjunction with these services, psychologists offer psychotherapy and counseling to individuals affected by traumatic events, addressing issues such as post-traumatic stress disorder, anxiety, depression, and phobias. They also provide treatment for psychological factors related to chronic pain, anger management, and adjustment counseling following trauma. Furthermore, psychologists offer couple counseling to help partners cope with the impact of trauma on their relationship, as well as desensitization therapy to alleviate distressing symptoms.

Role of Forensic Psychologist in Criminal Courts

Forensic psychologists conduct various evaluations for juveniles involved in the criminal justice system, including assessments of those accused of criminal acts, juvenile presentence evaluations, probation evaluations, and waiver evaluations. They also evaluate the credibility of child witnesses and assess juvenile and adult sexual offenders. Additionally, psychologists conduct competency and diminished capacity evaluations, as well as adult pre-sentencing evaluations. Furthermore, psychologists provide counseling and psychotherapy services to individuals involved with the criminal court, addressing issues such as restraining order violations, probation support, victim support, pre-trial anxiety, and anger management. They also offer specialized counseling and psychotherapy for sexual offenders, aiming to promote rehabilitation and reduce recidivism.

ROLE OF FORENSIC PSYCHOLOGIST IN INVESTIGATION OF CRIME

Criminal Investigation

Forensic psychologists play a multifaceted role in aiding criminal investigations. According to Professor Laurence Alison, their expertise extends far beyond offender profiling. Forensic Psychologists can enhance police effectiveness by improving decision-making and leadership skills, developing effective witness and victim interviewing techniques, and creating accurate data recording and analysis methods. They can also design suspect prioritization systems grounded in empirical research, supporting intelligence-led policing and informed use of available information. By contributing their expertise in these various areas, psychologists can significantly support and augment police work, ultimately aiding in the apprehension of offenders and the delivery of justice.
Crime Analysis 
Crime analysis, also known as intelligence analysis, is a field that leverages forensic psychological methods to aid law enforcement. Crime analysts, typically employed by police agencies, examine crime data to inform police operations. A key role of crime analysts is case linkage, which involves connecting crimes based on similarities in offender behavior, as reported by victims or inferred from crime scenes. For instance, in a rape case, analysts might use details such as the victim’s circumstances, the offender’s actions, and threats used to search for matches in a database of similar crimes. If similarities are found, this information can help police investigate potential links between crimes, focusing resources and avoiding duplication of effort.

Criminal Profiling

Forensic psychologists play a crucial role in criminal profiling, assisting law enforcement agencies in identifying and apprehending criminals by creating a psychological portrait of the offender. They analyze the offender’s behavior and actions at the crime scene, assess the crime scene, and study the victim’s background to understand the offender’s motivations and selection criteria. By combining their knowledge of psychology, criminology, and investigative techniques, forensic psychologists create a psychological profile of the offender, including demographic characteristics, personality traits, and behavioral patterns. They provide law enforcement agencies with recommendations on investigation strategies, interview techniques, and potential suspects, and may also testify in court as expert witnesses. Ultimately, their expertise helps law enforcement agencies solve crimes and bring offenders to justice.

Interviewing

Forensic psychologists have made significant contributions to developing effective interview techniques for witnesses and suspects. They have provided training to police forces on these methods, ensuring that law enforcement agencies can gather accurate and reliable information. Additionally, psychologists offer specialized guidance on interviewing vulnerable witnesses, such as children, the elderly, and individuals with learning disabilities. Their research informs police on how to conduct sensitive and stress-free interviews with these witnesses, while maximizing the accuracy of the information obtained. Furthermore, forensic psychologists’ research on deception detection has practical applications for police interviews, enabling them to better identify dishonesty and improve the integrity of the investigative process.

Assessment and treatment of offenders

Forensic psychologists play a pivotal role in the assessment and treatment of offenders, aiming to reduce recidivism and promote rehabilitation. They conduct comprehensive assessments to identify offenders’ cognitive, emotional, and behavioral patterns, as well as underlying psychological issues. Based on these assessments, forensic psychologists develop tailored treatment plans, which may include psychotherapy, counseling, and behavioral interventions. They work with offenders to address specific issues, such as anger management, substance abuse, and sexual offending behaviors. Additionally, forensic psychologists evaluate the effectiveness of treatment programs, provide expert testimony in court, and offer consultation services to correctional facilities and mental health agencies. By providing evidence-based assessment and treatment services, forensic psychologists contribute to the rehabilitation and reintegration of offenders into society.

CONCLUSION

Forensic psychologists play a significant role in the justice system, applying psychological principles to help resolve legal issues. They work in various settings, including law enforcement agencies, courts, and correctional facilities. Their responsibilities include conducting assessments and evaluations of defendants, providing expert testimony in court, and developing treatment plans for offenders. Forensic psychologists also assist in crime investigations, help develop police protocols, and provide training to law enforcement personnel. Additionally, they contribute to policy development and research in areas such as risk assessment, offender rehabilitation, and mental health law. By bridging the gap between psychology and the law, forensic psychologists help ensure that justice is served while also promoting the rehabilitation and reintegration of offenders into society.