Тема 51 Поняття юридична психологія

Forensic psychology

Forensic psychology is the intersection between psychology and the justice

system. It involves understanding fundamental legal principles, particularly with
regard to expert witness testimony and the specific content area of concern
(e.g., competence to stand trial, child custody and visitation, or workplace
discrimination), as well as relevant jurisdictional considerations (e.g., in the United
States, the definition of insanity in criminal trials differs from state to state) in
order to be able to interact appropriately with judges, attorneys, and other legal
professionals. An important aspect of forensic psychology is the ability to testify in
court as an expert witness, reformulating psychological findings into the legal
language of the courtroom, providing information to legal personnel in a way that
can be understood.  Further, in order to be a credible witness, the forensic
psychologist must understand the philosophy, rules, and standards of the judicial
system. Primarily, they must understand the adversarial system. There are also
rules about hearsay evidence and most importantly, the exclusionary rule. Lack of
a firm grasp of these procedures will result in the forensic psychologist
losing credibility in the courtroom.  A forensic psychologist can be trained
in clinical, social, organizational, or any other branch of psychology.
Generally, a forensic psychologist is designated as an expert in a specific field of
study. The number of areas of expertise in which a forensic psychologist qualifies
as an expert increases with experience and reputation.
Forensic neuropsychologists are generally asked to appear as expert witnesses in
court to discuss cases that involve issues with the brain or brain damage. They may
also deal with issues of whether a person is legally competent to stand trial.
Questions asked by the court of a forensic psychologist are generally not questions
regarding psychology but are legal questions and the response must be in language
the court understands. For example, a forensic psychologist is frequently appointed
by the court to assess a defendant's competence to stand trial. The court also
frequently appoints a forensic psychologist to assess the state of mind of the
defendant at the time of the offense. This is referred to as an evaluation of the
defendant's sanity or insanity (which relates to criminal responsibility) at the time
of the offense. These are not primarily psychological questions but rather legal
ones. Thus, a forensic psychologist must be able to translate psychological
information into a legal framework.
Forensic psychologists may be called on to provide sentencing recommendations,
treatment recommendations, or any other information the judge requests, such as
information regarding mitigating factors, assessment of future risk, and evaluation
of witness credibility. Forensic psychology also involves training and evaluating
police or other law enforcement personnel, providing law enforcement with
criminal profiles, and in other ways working with police departments. Forensic
psychologists may work with any party and in criminal or family law. In the
United States, they may also help with jury selection.