Chapter 1 Forensic Psychology Learning Objectives Define forensic psychology List types of forensic psychologists Describe relationship between Psychology and the law Psychological Theories – In Brief Outline history of forensic psychology Determine whether psychologists should be expert witnesses in court Video: Paradise Lost What is forensic psychology? Narrow definitions specify certain aspects of the profession while ignoring others Broad definitions are more inclusive American Board of Forensic Psychology American Psychology-Law Society Narrow: The professional practice by psychologists within the areas of clinical psychology, counseling psychology, neuropsychology, and school psychology, when they are engaged regularly as experts and represent themselves as such, in an activity primarily intended to provide professional expertise to the judicial system Researchers Broad: A research endeavor and/or a professional practice that examines human behaviour in relation to the legal system Types of Forensic Psychologist… Clinician Researcher Legal Scholar …Types of Forensic Psychologists Clinical Experimental Job may Research & Research Include practice Area of Mental health Human behaviour Interest issues & the law & the law Either an M.A. or a Graduate training Training Ph.D. in in psychology & psychology & research on a internships forensic topic …Types of Forensic Psychologists Clinical Experimental Job may Research & Research Include practice Area of Mental health Human behaviour Interest issues & the law & the law Either an M.A. or a Graduate training Training Ph.D. in in psychology & psychology & research on a internships forensic topic Legal Scholar PhD in psychology and their L.L.B. in Law Psychology and Law Psychology and the law The use of psychology to study the operation of the legal system Psychology in the law The use of psychology within the legal system as it currently operates Psychology and Law Psychology of the law The use of psychology to study the law itself History of Forensic Psychology 1. Early research 2. Psychology in the courts 3. Forensic psychology in North America 4. Rapid post-war growth 1-9 1. Early Research… Daniel McNaughten – 1843 Found not guilty by reason of insanity in assassination attempt on British Prime Minister. Sir Robert Peel …Early Research… Cattell (1895) Questions about everyday observations …Early Research… Binet (1900) Suggestibility in children …Early Research Stern (1910) The eyewitness reality experiment 2. Psychologists in Court… Von Schrenck-Notzing (1896) German expert witness Serial sexual murder case Extensive pre-trial press coverage Retroactive memory falsification What we see versus what we heard …Psychologists in Court… Varendonck (1911) Belgian murder trial Children giving different evidence Showed inaccurate recall in children …Psychologists in Court Marbe (1922) Provides testimony in civil trial Involved train wreck Conducted reaction time studies 3. FP in North America… Munsterberg (1908) On the Witness Stand Psychology and the legal system Resistance from legal scholars Pushed psychology into legal arena Father of forensic psychology Law Schools Marston (1917) First Professor of Legal Psychology Research on lie detection …FP in North America 1909: First clinic for delinquents 1913: Psychology in prisons 1917: Tests for police selection 4. Rapid Post-War Growth Rapid growth of forensic psychology in post war period Due to: Court cases Psychological theories Court Cases… State v. Driver (1921) It is yet to be demonstrated that psychological and medical tests are practical, and will detect the lie on the witness stand …Court Cases… People v. Hawthorne (1954) Standard for determining expert status is not a medical degree but extent of knowledge …Court Cases… Brown v. Board of Education (1954) Psychologists submitted a court brief outlining the detrimental effects of segregation U.S. Supreme Court referenced this brief in their decision First time psychological research was referenced in a U.S. Supreme Court decision …Court Cases Jenkins v. United States (1962) Case dealt with whether psychologists should be allowed to provide expert testimony on issues of mental illness U.S. Supreme Court decided that some psychologists are qualified to provide such testimony A Distinct Discipline? http://www.ap-ls.org/ Psychological Experts Today Functions of an expert witness Admissibility criteria Important Canadian court cases Barriers to providing expert testimony Functions of an Expert Witness 1. Aid in understanding a topic 2. Provide an opinion Psychology Versus Law Psychology Law 1. Knowledge Research Stare decisis 2. Methodology Nomothetic Idiographic 3. Epistemology Experiments Adversarial 4. Criteria Strict Lenient 5. Nature Descriptive Prescriptive 6. Principles Multiple Single 7. Latitude Limited Unlimited Frye v. United States (1923) Frye tried for Murder Polygraph exam passed General Acceptance Test - Any procedures used to arrive at the testimony must be generally accepted by the scientific community Admissibility of Expert Testimony: US Daubert criteria 1. Provided by a qualified expert 2. Relevant 3. Reliable Peer reviewed Testable Recognized rate of error Meet professional standards Admissibility of Expert Testimony: Canada Mohan Criteria 1. Provided by an expert 2. Relevant 3. Necessary 4. Not violate rules of exclusion Other Canadian Court Cases R v. Sophonow (1986) R v. Lavallee (1990) R v. Swain (1991) R v. Levogiannis (1993) R v. Oickle (2000) Ethical Issues Competence Conflicts of interest Informed consent Client confidentiality Duty to disclose Suspected child abuse Paradise Lost Psychological Theories… Psychoanaltyic theories Internal dynamics and early experiences Learning theories Learning through direct and indirect consequences Personality theories The make-up of criminal personalities ...Psychoanalytic Theories John Bowlby Theory of maternal deprivation Early separation from one’s mother prevents effective social development from taking place, which results in antisocial behaviour patterns Learning Theories Albert Bandura Social learning theory Criminal behaviour is learned through direct and indirect reinforcement (e.g., by interacting with anti-social peers or watching violence on television) Personality Theories Hans Eysenck Bio-social theory Personality falls on a continuum of personality dimensions and people high on neuroticism and extraversion are more likely to become involved in crime PEN Model
"Criminal Justice - History of Forensic Psychology"