TOPIC 4

FORENSIC PSYCHOLOGY (12 PERIODS)

4.1 Forensic Psychology: Definition, Nature
Christopher Cronin, who has written a well-known text book on forensic psychology, defines it as,
‘The application of clinical specialties to legal institutions and people who come into contact with the
law’, emphasizing the application of clinical skills such as assessment, treatment, evaluation to
forensic setting. This is considered a narrow definition. The broad definition of forensic psychology
emphasized the application of research and experimentation in other areas of psychology (e.g.,
cognitive psychology, social psychology) to the legal arena. This would include applying results from
studies in areas such as cognitive psychology to legal questions.

Forensic psychology is the application of psychological principles and knowledge to various legal
activities involving child custody disputes, child abuse of an emotional, physical and sexual nature,
assessing one's personal capacity to manage one's affairs, matters of competency to stand trial,
criminal responsibility & personal injury and advising judges in matters relating to sentencing
regarding various litigants and the actuarial assessment of future risk. The word "Forensic" is derived
from the word "Forensis" which means "forum".

One of the earliest examples of a psychologist acting as an expert witness in a court of law was in
1896 when Albert Von Schrenk-Notzing testified at the trial of a man accused of murdering three
women. Drawing on research into memory and suggestibility he argued that pre-trial publicity meant
that witnesses could not distinguish between what they actually saw and what had been reported in the
press.

In the civil law arena, forensic psychologists often provide assessments of whether someone has been
harmed by some event. For example, in a wrongful death suit, a psychologist might offer opinions as
to whether a plaintiff suffered emotional trauma in response to the death of a loved one. They might
also assess the emotional injuries suffered by someone who has been injured in an accident or who
witnessed a traumatic event. Psychologists are often called upon in sexual harassment suits to describe
the impact of the harassment on the purported victim. In this arena, the forensic psychologist might be
required to provide treatment recommendations or to analyze the specific treatment needs of an
individual, and might be asked to determine the potential cost of such treatment.

In the arena of workers' compensation law, a forensic psychologist might be called upon to describe
how workplace stress factors impacted the psychological functioning of a claimant, or to determine
whether the purported work place stress had any effect on the worker at all. As in the more general
civil law context, the forensic psychologist might be asked to determine treatment needs and treatment
plans.

In the family law arena, forensic psychologists are often called upon to assess the "best interests" of
children whose parents are divorcing. Commonly, this involves making recommendations to a Court
with respect to child custody arrangements. Child custody mediation is another role that forensic
psychologists undertake in the family law arena - serving as a mediator between divorced parents who
remain in dispute about the needs and interests of their children. In some jurisdictions, forensic
psychologists are appointed as "special masters" by the Court, and are charged with making both
recommendations and orders for the care of children in disputed custody situations.

Fields –
Correctional: Correctional psychology is a specialized area of psychology that focuses on applying
psychology in jails, prisons, and other correctional settings. Typical duties include assessment, crisis
intervention, staff training, administrative consulting, and group and individual therapy with
criminally-involved persons. The goals of correctional psychology include contributing to the safety
and well-being of staff and offenders by meeting standards of care for mentally ill individuals (see
Standards for Psychology Services in Jails, Prisons, Correctional Facilities, and Agencies - IACFP,
2010), reducing conflict, and creating, monitoring and providing treatment and rehabilitation
programs. Correctional and forensic psychology programs have become increasingly popular in the
United States and Europe. Professional societies, including The International Association for
Correctional and Forensic Psychology (IACFP, ) which publishes Criminal Justice and Behavior, a
leading academic and research journal, as well as a newsletter, The IACFP Newsletter, for example,
provide resources for aspiring or current correctional and forensic practitioners. The IACFP also
provides an anonymous Ethical Hotline which serves as an additional resource for correctional
professions.

Investigative: This group researches how different vulnerabilities affect eyewitness testimony with a
particular expertise in research with children, the elderly and those with autism spectrum disorder.
Within this framework topics include investigative interviewing (for example, the cognitive interview,
self-administered interviews and issues associated with repeated interviews), suggestibility and ability
to identify suspects correctly from line-ups. In addition, research is conducted into attitudes towards
and perceptions of the police and potentially biasing factors in juror decision making.

4.2 Criminal Psychology:

A criminal psychologist is a professional that studies the behaviors and thoughts of criminals. Interest
in this career field has grown dramatically in recent years thanks to a number of popular television
programs that depict fictionalized criminal psychologists, such as such as Criminal Minds and CSI.
The field is highly related to forensic psychology in some cases, the two terms are used
interchangeably.

What is a career in criminal psychology really like? Is it as exciting as it looks in all those television
dramas? Continue reading to learn more about criminal psychologists, including exactly what they do,
where they work, and the type of education and training it takes to enter this profession.

What Does a Criminal Psychologist Do?

A large part of what a criminal psychologist does is studying why people commit crimes. However,
they may also be asked to assess criminals in order to evaluate the risk of recidivism (how likely the
person is to re-offend in the future) or make educated guesses about the actions that a criminal may
have taken after committing a crime.

In addition to helping law enforcement solve crimes or analyze the behavior of criminal offenders,
criminal psychologists are also often asked to provide expert testimony in court.

Perhaps one of the best-known duties of a criminal psychologist is known as offender profiling, or
criminal profiling. The practice started during the 1940s during World War II. Today, organizations
such as the Federal Bureau of Investigation (FBI) use offender profiling to help apprehend violent
criminals.

The goal of criminal profiling is to provide law enforcement with a psychological assessment of the
suspect and to provide strategies and suggestions that can be used in the interviewing process.

So is the job really as dramatic and exciting as it is portrayed on television dramas like Criminal
Minds?

"Criminal Minds portrays the psychologist as having a more active role than they really do,"
explained Marc T. Zucker, academic chair of the undergraduate School of Criminal Justice at Kaplan
University, in an article for the school. "We all love the thrill of the chase and arrest; however,
psychologists don't typically accompany officers with apprehensive suspects. In addition, many cases
take weeks, months, or even years to solve, and very rarely are these cases as easy to piece together as
they are on the show."

While the job may not be exactly like you see it portrayed on television, the realities of the job are far
from boring. Dr. Keith Durkin, chair of the department of psychology and sociology at Ohio Northern
University explains, "Careers in criminal psychology are never boring, and if you are educated in that
field, it is great training for a huge range of jobs. You can do something different every day. You
could work in counseling people who have committed crimes and need psychological assessment.
Many psychologists exploring computer-related fields, like studying Internet predators or helping
investigate online fraud."

Where Does a Criminal Psychologist Work?

Many people who work in this field spend a great deal of time in office and court settings. A criminal
psychologist might spend a considerable amount of time interviewing people, researching an
offender’s life history, or providing expert testimony in the courtroom.

In some cases, criminal psychologists may work closely with police and federal agents to help solve
crimes, often by developing profiles of murderers, kidnappers, rapists, and other violent individuals.

Criminal psychologists are employed in a number of settings. Some work for local, state, or federal
government, while others are self-employed as independent consultants.

In addition to working directly with law enforcement and the courts, criminal psychologists may also
be employed as private consultants. Still, others opt to teach criminal psychology at the university
level or at specialized criminology training facilities.

What Training Is Needed to Become a Criminal Psychologist?

In many cases, criminal psychologists start out by earning a bachelor's degree in psychology. After
completing an undergraduate degree, some students opt to then enter a master's in psychology
program. While there are some jobs in criminal and forensic psychology at the master's level, the U.S.
Department of Labor reports that opportunities are limited and competition for these positions is often
very fierce.

Entering a doctorate program after earning your bachelor's is another option. Job openings in this
specialty area are more plentiful for those with a Ph.D. or Psy.D. degree in psychology.

To become a criminal psychologist, you should seriously consider earning a Ph.D. or Psy.D. degree in
clinical or counseling psychology. In some cases, students opt to focus on a particular specialty area
such as forensic or criminal psychology. The Ph.D. (or Doctor of Philosophy) degree is typically more
focused on theory and research, while the Psy.D. (or Doctor of Psychology) tends to be more practice-
oriented.

No matter what type of degree you choose to earn, it will likely take about five years to complete and
will include classroom work, practical training, research, and a dissertation. In order to become a
licensed psychologist, you will also need to complete an internship and pass state examinations.

How Much Do Criminal Psychologists Earn?

The typical salaries for criminal psychologists can vary depending on where they work and how much
experience they have. According to Payscale.com, national salaries for criminal or forensic
psychologists range from a low of $33,900 to a high of $103,000.
Criminal and forensic psychologists working for state and local governments, private practice,
companies, and hospitals tend to have slightly higher average salaries, while those employed by the
federal government and nonprofit organizations tend to have slightly lower annual salaries.

Is Criminal Psychology Right For You?

Before you decide if this is the right specialty area for you, spend some time considering your own
capabilities and goals. Due to the nature of this profession, you may find yourself dealing with some
truly disturbing situations. As a criminal psychologist, you may be called on to look at crime scene
photos or interview suspects who may have committed horrifying crimes. Because of this, you need to
be prepared to deal with the emotional distress that this type of work may cause.

One of the best ways to determine if this career is right for you is to talk to an actual criminal
psychologist about what the job is like. Contact your local law enforcement department to see if they
can connect you with a criminal psychologist in your area.

Cyber Crimes: Cybercrime is any crime that involves a computer and a network. The computer may
have been used in the commission of a crime, or it may be the target. Dr. Debarati Halder and Dr. K.
Jaishankar (2011) define Cybercrimes as: ‘Offences that are committed against individuals or groups
of individuals with a criminal motive to intentionally harm the reputation of the victim or cause
physical or mental harm, or loss, to the victim directed or indirected, using modern
telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and
mobile phones (SMS/MMS). Such crimes may threaten a nation’s security and financial health. Issues
surrounding these types of crime have become high-profile, particularly those surrounding hacking,
copyright infringement, child pornography and child grooming. There are also problems of privacy
when confidential information is intercepted or disclosed, lawfully or otherwise Dr. Debarati Halder
and Dr.K.Jaishankar (2011) further define cybercrime from the perspective of gender and defined
‘cybercrime against women’ as ‘Crimes targeted against women with a motive to intentionally harm
the victim psychologically and physically, using modern telecommunication networks such as internet
and mobile phones.
Internationally, both governmental and non-state actors engage in cybercrimes, including espionage,
financial theft, and other cross-border crimes, Activity crossing international borders and involving
the interests of at least one nation state is sometimes referred to as cyber warfare. The international
legal system is attempted to hold actors accountable for their actions through the International
Criminal Court.
A report estimates that the annual damage to the global economy is at $ 445 billion, however, a
Microsoft report shows that such surve-based estimates are ‘hopelessly flawed’ and exaggerate the
true losses by order of magnitude. Approximately $ billion was lost in 2012 to online credit and debit
card fraud in the US.

Violence: meaning and types

Violence is ‘the intentional use of physical force or power, threatened or actual, against oneself,
another person, or against a group or community, that either results in or has a high likelihood of
resulting in injury, death, psychological harm, mal-development or deprivation’.
World Report on Violence and Health also presents a typology of violence that, while not uniformly
accepted, can be a useful way to understand the context in which violence occurs and the interactions
between types of violence. This typology distinguishes four modes in which violence may be
inflicted: physical, sexual and psychological attack; and deprivation. It further divides the general
definition of violence into three sub-types according to the victim-perpetrator relationship.
Self-directed violence refers to violence in which the perpetrator and the victim are the same
individual and is subdivided into self-abuse and suicide.
Interpersonal violence refers to violence between individuals, and is subdivided into family and
intimate partner violence and community violence. The former category includes child maltreatment
intimate partner violence and elder abuse, while the latter is broken down into acquaintance and
stranger violence and includes youth violence assault by strangers violence related to property crimes
and violence in workplaces and institutions.
Collective violence refers to violence committed by larger groups of individuals and can be sub
divided into social, political and economic violence.

4.3 Investigative Procedures:

Role of Forensic Psychologist: Forensic psychologists are perhaps most commonly recognized for
their involvement in the processing a crime scene. Psychologists provide Courts with analysis relevant
to questions of criminal insanity and trial competence. They help Courts decide whether sex offenders
are likely to re-offend or whether they are dangerous. They provide information and recommendations
necessary for sentencing purposes, grants of probation, and the formulation of conditions of parole.
Forensic psychologists are routinely called upon in death penalty cases to provide analysis of the
intentions, motivations and personality characteristics of the accused. In the Juvenile Courts, they
often are asked to help determine whether a youthful offender can be rehabilitated. They assist
prosecutors, defenders, and law enforcement investigators in understanding a range of normal and
criminal behaviors, sometimes serving as "criminal profilers."

4.4 Law – contribution of Psychology to law

4.5 Current challenges-
Particularly with cyber-crime, different computer programs, inventories and strategies are changing
day by day. It effect on the investigation procedures.
Reliability of investigative procedures –
Polygraph: A polygraph, popularly referred to as a lie detector, measures and records several
physiological indices such as blood pressure, pulse, respiration and skin conductivity while the subject
is asked and answers a series of questions. The belief underpinning the use of the polygraph is that
deceptive answers will produce physiological responses that can be differentiated from those
associated with non-deceptive answers; the polygraph is one of several devices used for lie detection.
The polygraph was invented in 1921 by John Augustus Larson, a medical student at the University of
California at Berkeley and a police officer of the Berkeley Police Department in Berkeley, California.
The efficacy of polygraphs is debated in the scientific community. In 2001, a significant fraction of
the scientific community considered polygraphy to be pseudoscience. In 2002, a review by the
National Academies of Science found that in populations untrained in countermeasures, polygraph
testing can discriminate lying from truth telling at rates above chance, through below perfection.
These results apply only to specific events and not to screening where it is assumed that polygraph
would work less well. Effectiveness may also be worsened by countermeasures.
In some countries polygraphs are used as an interrogation tool with criminal suspects or candidates for
sensitive public or private sector employment. US law enforcement and federal government agencies
such as the FBI and the CIA and many police departments such as the LAPD use polygraph
examinations to interrogate suspects and screen new employees. Within the US federal government, a
polygraph examination is also referred to as a psycho-physiological detection of deception (PDD)
examination.
Polygraph examiners, or polygraphers, are licensed or regulated in some jurisdictions. The American
Polygraph Association sets standards for courses of training of polygraph operators, though it does not
certify individual examiners.
Eye witness Testimony: Eye witness testimony is the account a bystander gives in the courtroom,
describing what that person observed that occurred during the specific incident under investigation.
Ideally this recollection of events is detailed, however this is not always the case. This recollection is
used as evidence to show what happened from a witness’ point of view. Memory recall has been
considered a credible source in the past, but has recently come under attack as forensics can now
support psychologists in their claim that memories and individual perceptions are unreliable; being
easily manipulated, altered and biased. Due to this, many countries and states within the US are now
attempting to make changes in how eyewitness testimony is presented in court. Eyewitness testimony
is a specialized focus within cognitive psychology.
Identikit: A facial composite is a graphical representation of an eyewitness’s memory of a face, as
recorded by a composite artist. Facial composites are used mainly by police in their investigation of
crimes. These images are also used to reconstruct the victim’s face in hope of identifying them. While
the classic use of the facial composite is the citizen recognizing the face as an acquaintance, there are
other ways where a facial composite can prove useful. The facial composite can contribute in law
envorcement in a number of ways: (1) Identifying the suspect in a wanted poster (2) Additional
evidence against a suspect (3) Assisting investigation in cheacking leads (4) Warning vulnerable
population against serial offenders.
Facial composites of various types have been used extensively in those television programs which aim
to reconstruct major unsolved crimes with a view to gaining information from the members of the
public, such as ‘America’s Most Wanted’ in the US and ‘Crimewatch’ in the UK.
Narco-analysis: In Narco test, the person is injected with 'truth serums' that cause the person to
become uninhibited and talkative.It is still possible for people to lie under the influence of truth
serums, so it is not altogether reliable.
What is used for these tests is Sodium Pentothal, which sedates only for a few minutes. Drugs like
Sodium Amytal and Scopolamine are also used.But these tests do not have any legal validity as
confessions. The court may give limited admissibility depending on the case.
In a lie detector test or polygraph test, four to six sensors are attached to the person undergoing test. A
polygraph is a machine in which the multiple ("poly") signals from the sensors are recorded on a
single strip of moving paper ("graph"). The sensors usually record:
The person's breathing rate
The person's pulse
The person's blood pressure
The person's perspiration
Sometimes a polygraph will also record things like arm and leg movement.
When the polygraph test starts, the questioner asks three or four simple questions to establish the
norms for the person's signals. Then the real questions being tested by the polygraph are asked.
Throughout questioning, all of the person's signals are recorded on the moving paper.
Both during and after the test, a polygraph examiner can look at the graphs and can see whether the
vital signs changed significantly on any of the questions. In general, a significant change (such as a
faster heart rate, higher blood pressure, increased perspiration) indicates that the person is lying.
When a well-trained examiner uses a polygraph, he or she can detect lying with high accuracy.
However, because the examiner's interpretation is subjective and because different people react
differently to lying, a polygraph test is not perfect and can be fooled.