FORENSIC PSYCHOLOGY

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY Michael T. Nietzel

PSYCHOLOGISTS ROLES IN THE LEGAL SYSTEM

1. 2. 3. 4.

Law enforcement psychology. The psychology of litigation. Correctional psychology. Forensic psychology.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

FIVE EXPERT TESTIMONY

1. Competence to stand trial dan criminal responsibility. 2. Psychological damages in civil trials. 3. Civil competencies. 4. Psychological autopsies and criminal profiling. 5. Child custody and parental fitness.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

CRIMINAL COMPETENCE AND RESPONSIBILITY

It is immoral to punish people who, as a result of a mental disorder, either do not know that their actions are wrong or cannot control their conduct..

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

INCOMPETENT
As a result of mental disorder, they can not: 1. Understand the nature of their trial. 2. Participate meaningfully in their defense. 3. Consult with their attorney.
Competences criteria depend to some extend and each of them have different requirement (table. 13.1)

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

DEFENDANT NEED TO BE COMPETENT IN FRONT OF LAW SYSTEM. WHY?

Accurate results. Moral issues. Definition of fairness in adversary system of justice.
Psychiatrists, psychologist, and social workers are authorized to perform competency evaluations using structured interview Issue: Judges seldom disagree with clinicians evaluation.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

CHARACTERISTIC OF INCOMPETENT DEFENDANT

Steadman (1979) Marginal men. Undereducated. Deficient in job skill. Long histories of contact with legal/ mental health systems. Nicholson, dkk (1988 1996) Substance abuse. Psychosis. Lower intelligence. Nicholson & Kugler (1991) Engaged more serious crime. Psychosis. Serious mental disorder. Single. Unemployed. Poorly educated.
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

COURT DECISION AND TREATMENT FOR INCOMPETENT DEFENDANT

Un serious crime Charges dropped exchange with treatment. Serious crime Return to institution for treatment. Then, How successful are effort to restore defendants competence?
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

THE INSANITY DEFENSE

1. 2. Presume to be mentally responsible for the crimes. If not guilty by reason of insanity (NGRI) there should be evidences that the lacked the state of mind necessary to held responsible for a crime.

Need to be considered: Insanity is a legal term vary from state to state

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

THE INSANITY DEFENSE

STANDAR FOR INSANITY: McNaughton Case (1843) 1. Not know what they are doing. 2. Incapable of knowing their behavior is wrong. (Focuses only on cognition, ignores motivation or emotion) Durham rule (1954) 1. Product of mental disease or mental defect. (Popular with mental health professionals but it didnt suit with attorney and judges point of view) Result ALI rule/ Brawner rule
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

THE INSANITY DEFENSE

ALI : American Law Institute
1. 2. Result of mental defect. Lack capacity to appreciate criminality of his conduct and conform his conduct to the requirement of law.

The different between ALI and McNaughton:

1. 2. 3. appreciate instead of know Substantial capacity instead of total lack of capacity. Cognitive and volitional term.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

The NGRI had been criticized for so many years.

1. Use just for avoid punishment. 2. Quickly released from hospital. 3. More dangerous than other criminal .

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

IMPORTANT TO ANALYZED
1. Prevalence and success of the insanity defense. 2. The likelihood of early release. 3. Dangerousness of insane defendants. 4. The economics of insanity defense. 5. The role of expert witnesses.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

REVISIONS AND REFORMS IN THE INSANITY DEFENSE

The Guilty But Mentally Ill Verdict GMBI Confinement begins in a treatment facility, and transfer to a prison only after treatment is complete.

Several problem: 1. Makes juries confuse between mental illness that results in insanity and mental illness that doesnt. 2. More treatment for mentally ill prisoners has proven to be unfounded.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

REVISIONS AND REFORMS IN THE INSANITY DEFENSE

The Insanity Defense Reform Act 1984 Stimulus by John Hinckley trial. IDRA, limit the number of federal court who successfully use insanity as a defense.

Change the use in federal courts: 1. Prove the insanity rather than sanity. 2. Eliminate volitional prong of the ALI rule. 3. Prohibit expert giving ultimate opinion testimony.
Abolition of the Insanity Defense
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

PSYCHOLOGICAL DAMAGES IN CIVIL TRIAL

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

DEFINITION OF A TORT
Wrongful act that causes harm to an individual. It is different from criminal law. The goal is to maintain societys overall sense of justice. Medical malpractice, the manufacture of defective products resulting in a personal injury, and intentional or negligent behavior producing harm to another person.

4 elements: 1. One person owes a duty to another. 2. One party intentionally or negligently violated a duty owed to other parties. 3. Violation of duty had to be the proximate cause. 4. The harm can be compensated.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

DEFINITION OF A TORT
DAMAGES: Personal property. Physical injuries. Emotional Distress (pain and suffering) the most difficult , too easy to fake and too hard to measure. 2 types of mental injuries (from extreme and outrageous) Negligence. Intentional. Ex: sexual harassment in the workplace (quid pro quo and hostile work environment), other kind of harassment.
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

WORKERS COMPENSATION CASES

Workers can seek compensation for: 1. Physical and psychological injuries. 2. The cost of treatment. 3. Lost wages. 4. The loss of future earning capacity. Its depend on: 1. Type and duration of injury. 2. Salary. Psychological assessment for this case
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

WORKERS COMPENSATION CASES

Claims for mental disability
1. 2. Physical injury or job related threatening event can cause a mental disorder and psychological disability. Individual to suffer a traumatic incident at work or to undergo a long period of continuous stress that leads to psychological difficulties. Mental-physical.

3.

In 1980, stress-related mental disorder has growth for some reason:

1. 2. 3. Proportion of women worker has increased. Shifting in the job market. From manufacturing to service. Financial incentives

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

CIVIL COMPETENCIES
Whether an individual has the capacity to understand information relevant to making a particular decision and then making an informed choice about what to do?

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

A COMPETENT INDIVIDUAL
MUST BE ABLE TO 1. Understand basic information relevant to making a decision. 2. Apply that information to a specific situation in order to anticipate the consequences of various choices that might be made. 3. Use logical, rational thinking to evaluate the pros and cons of various strategies and decisions. 4. Communicate a personal decision or choice about the matter under consideration. The specific abilities which associate with the general criteria are vary depend on the decision.

Note: Therapeutic Jurisprudence

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

PSYCHOLOGICAL AUTOPSIES AND CRIMINAL PROFILING

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

PSYCHOLOGICAL AUTOPSIES
Evaluation without persons participation equivocal death analyses. Suicide, murder, accident. Also used in workers compensation cases, support argument by defendants, mental capacity in execute or modify will. No standard format: interview, life records, evidence, mood, performance at work, changes behavior, family dynamic, personality trait. Validity issues: second hand information, no empirical research found. Expert reputation.
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

CRIMINAL PROFILING
The person behavior is known. The question is who did it Leaving clues (DNA, ballistics test) Certain psychological characteristic is linked with certain pattern of criminal behavior. Ex: Hijackers, drugs couriers, illegal aliens. FBIs Behavioral Science Unit. Validity issues: more difficult in the real world situation.
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

CHILD CUSTODY AND PARENTAL FITNESS

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

PARENTAL FITNESS
Definition of unfit parent varies. Ex. Kentucky:
1. Inflicted/ allowed someone else to inflict, physical injury, emotional harm, sexual abuse on the child. Morally delinquent. Abandoned the child. Mentally ill. Fails to provide essential care for the child for some reason than poverty.

2. 3. 4. 5.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

CHILD CUSTODY DISPUTES

Separate or divorce case. Child custody evaluation recommendation to court. The assessment has growth for 2 reason: (1) half of all marriages got divorced (2) assessment of parenting abilities of each parent. Sole custody and joint-custody arrangements. APA & Association of Family and Conciliation Courts Guidance for Custody Evaluation. Limitation issues of child custody evaluation. Custody mediation.
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

MENTAL HEALTH EXPERT IN THE LEGAL SYSTEM

Cons 1. Unreliable information. 2. No relevance. 3. Testify about ultimate issued juries area to decided. 4. Leading. 5. Objectivity issues. 6. Expensive. 7. Reliability and Validity issues. 8. Experts disagreeing with one another reduces publics esteem.
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

MENTAL HEALTH EXPERT IN THE LEGAL SYSTEM

Pro 1. Many topics to testify about. 2. Law encourages it. 3. Lucrative.

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

SELF ASSESSMENT
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. What are four roles of clinical psychologist in the legal system? What is law enforcement psychology? What is forensic psychology? Can you mention five areas in which clinician often offer expert testimony? Give your brief explanation of criminal competence! Defendant is considered incompetent if (a)..(b)..(c) What is McNaughton rule? What are the different between McNaughton and ALI rule? Give at least 2 aspects! What do you know about tort? Give an example. Workers can seek compensation for (1)..(2)..(3)..(4).. Give an example of a physical or job related threatening event can cause a mental disorder and psychological disability! Give your brief explanation of civil competencies. What is the different between psychological autopsies and criminal profiling? What is sole custody? And What is the different with joint- custody arrangement? Give your own opinion regarding to mental health expert in the legal system? Is it necessary for court to have a mental health testimony?

CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY

THANK YOU
CHAPTER 13 INTRODUCTION TO CLINICAL PSYCHOLOGY