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Roles of ethics in forensic sciences
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Clinical and Forensic Evaluations
The interaction between psychology and laws is based on the common focus of evaluating and understanding human behavior. Since psychologists are involved in assessing human behavior, they are called upon in certain legal cases to provide insights that may help the court to issue a sound ruling. Nevertheless, there are significant differences between psychologist working in clinical traditional settings and those conducting a forensic evaluation of the court. Psychologists may be asked to conduct both clinical and forensic assessment, and it is essential to understand the differences between the two. While clinical psychology deals with assessment, diagnosis, and treatment of human behavior and functioning,
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Clinical psychological interviews are conducted with a primary goal of promoting the well-being of the clients. The approach to the clinical interview is therapeutic in nature, and the interviewer attempts to establish harmony, empathy, support, and understanding to the client. The information collected from the interview is confidential. Moreover, the clinical psychology does not focus on the competency of the client. In contrast, forensic interviews are conducted with a primary goal of gaining facts related to a legal case. Forensic interviews are guided by the judicial system and require accurate recollection of relevant events and evidence. The forensic interviewer is supposed to be objective, neutral and avoid bias. Moreover, the client’s competency to stand trial is in question during a forensic interview (Silovsky, J. F., …show more content…
The psychiatric diagnoses conducted in clinical psychology are important in the treatment strategy. For instance, a clinical psychologist may conduct an IQ exam to determine whether the client is mentally deficient. However, unlike forensic assessment, the diagnosis does not provide more information about the client’s competency to stand trial. Forensic evaluation requires multiple tests to be completed to fully assess the client’s cognitive, personality and emotional functionality. According to the American Academy of Psychology, conducting a complete forensic evaluation requires seeking relevant information from more than one source in order to test different plausible rival hypotheses (American Academy of Psychology)
Clinical psychologists write private reports about their clients but may at times write reports for insurance reimbursements. The reports written by the clinical psychologist may include client diagnosis, therapeutic interventions, and treatment. In contrast, forensic reports should be written in a manner that they can assist the court in decision making. The forensic reports include competency, abuse, personal injury, divorce, criminal proceedings and many other legal reports (Hugaboom, D.,
...merican Psychological Association. The APA submits an arguments that an accurate proceeding requires an adversary hearing, the assistance of mental health professionals, and decision makers to specify in writing the factors relied upon making decision.
Therefore, a defendant, the court or the attorney general can order a hearing on motion. Before the date of the hearing of the case, the court may order a psychological or psychiatric evaluation of the defendant. Pursuant to the provisions of section 4247, psychologists or psychiatrists report the findings to the court. The court has the permission to request a deadline for the evaluation so that it can insure the promptness of the examination. The court can also request the experts who carried out the evaluation, to specify observations made of the defendant, the type of examination carried out and the opinion of the experts on the competency
Smith, R. A., & Davis, S. F. (2013). The psychologist as detective: An introduction to conducting research in psychology. Boston: Prentice Hall.
Cognitive psychology is deeply rooted in our legal system and forms the element or standard of almost all crimes and civil misconduct. An understanding of psychology, in particular cognitive psychology, aids jurors, attorneys, defendants, prosecutors, and judges in the process of the legal system specially where adjudicating guilt or liability. In addition, cognitive psychology comes into play where the legal system relies on witness testimony when adjudicating a case.
Psychological research and application have established that it is not only people with learning disability or major mental illness that are susceptible to make false confessions. In order for a confession to be false, a person must either confess to a crime that he or she is completely innocent of or overstate his or her involvement in the crime. False confessions can be either voluntary or coerced. Although it is methodologically difficult to establish the frequency of false confessions, anecdotal evidence such as self-reports and case studies indicate that reported cases are only the ‘tip of the iceberg’. It appears that young people are particularly vulnerable and often make false confessions in order to protect others. Standardized psychological tests have been devised in order to assess personality factors such as suggestibility and compliance that render some people more vulnerable than others. The reason people make false confessions is typically due to a combination of factors such as psychological vulnerabilities, nature of the custodial confinement and the police interviewing tactics. Notorious cases of false confessions which have lead to the wrongful convictions of innocent people subsequently spending years in prison represent some of the worst cases of miscarriage of justice in Britain. One such cases, that of Engin Raghip of the so-called ‘Tottenham three’ will be discussed in the context of admissibility of psychological evidence in order to demonstrate how the judiciary has increasingly come to accept the psychological notion that most people, under certain circumstances, are susceptible to making false confessions.
Costanzo, M., & Krauss, D. (2012). Forensic and Legal Psychology: Psychological Science Applied to Law. New York: Worth Publishers.
Psychologist to make an evaluation. The forensic psychologist is neutral through out the evaluation. They can not have open and trusting relationship. Usually in a case where the subject committed a crime he/she might want to say what ever they think the psychologist would want to hear, to make there sentence lighter. So a forensic psychologist must remain neutral. Also the forensic psychologist has to make an accurate evaluation because he has a lot of influence on what would happen to the subject in a court case. Now ...
McGrath, Michael G. "Criminal Profiling: Is There a Role for the Forensic Psychiatrist?." Journal of the American Academy of Psychiatry and the Law 28. (2000): 315-324. Web. 13 Apr 2011.
Forensic Psychology, which is occasionally referred to as Legal Psychology, originally made its debut in the late 1800’s. A Harvard Professor, Professor Munsterberg, introduced the idea of psychology and law with his book, On the Witness Stand in 1908. Since the inception of the idea of psychology and law there have been proponents, as well as though that have spoken against the theories proposed by Munsterberg’s, along with other scientists, theorists, and psychologists that believed that Forensic Psychology had no standing to be linked to topics of law. This literature review will attempt to identify scholarly articles that trace the origins and the movement that led to Forensics Psychology becoming a specialty within the field of psychology. I will also attempt to explain What is Forensic Psychology as well as the part it plays within the legal system.
Gary B. Melton, John Petrila, Norman G. Poythress, Psychological Evaluations for the Court: A Handbook for Mental Health Professionals and Lawyers, Guilford Publications, 3rd edition 2007
Driver 1921. Although this was not the first time that a psychologist was used as a witness it was the first time that psychologist was used to help confirm the mental stability during the crime.(Weiner, I. B., & Hess, A. K. ) In this case the psychologist findings was not used to make a final verdict of the driver. Another important case that came about in the field of forensic psychology was Frye vs. The United states 1923.(Weiner, I. B., & Hess, A. K. ) In this case it set the standard of the acceptance of forensic psychologist in the court room. This case was a huge push forward in the field of psychology. The first case that the defendant was founded guilty by reason of insanity was People vs. Hawthorne 1940. In this case it a man murdered his wife and the courts would not allow a psychologist with a PHD to be the expert witness. This trail went on to the supreme court and they passed a role stating that a person should not be based on whether or not the person had a PHD. One of the last court cases that help the field of forensic psychology expand was Jenkins Vs United States 1962. In the courts of D.C they ruled that psychologist are able to be an expert witness when a mental illness are concerned. After this ruling many courts around the United States started allowing psychologist become expert witness. In these court cases
They maintain competency throughout their work as they recognize the limits of certain competencies and their expertise limitations. Psychologists render their services using techniques, education and training that they have attained. As a result, they maintain knowledge regarding the scientific information of the services they offer. Psychologists focus on integrity in psychological assessments. Moreover, their clients expect them to uphold honesty, respect and fairness throughout the process as this builds trust (Schultheiss et al., 2008). Psychologists should therefore avoid making false, deceptive or misleading statements when administering psychological assessments. While administering psychological tests, psychologists uphold the respect of individual rights to self-determination, confidentiality, anatomy and privacy (Plante, 2007). Psychologists are mindful of inconsistencies that could trigger conflict and violate these rights. They also strive to eliminate the impact of bias on their work by averting any discriminatory practices when administering
Forensic psychology or psychiatry has two definitions—a broad and narrow term. The broad definition of forensic psychology is the application of research and experimentation in other areas of psychology to the legal arena.
It is very crucial to follow the APA guideline. The Ethics in Psychology and Law: An International Perspective article states, “Law as a powerful social institution often has an irreversible impact on people. Psychologists working in the psychological field should, therefore, be morally sensitive and always consider the morality of their own behavior. When they experience moral uncertainty, they should consult psychology’s ethical principles as they manifest in the specialty conduct and ethical codes because they reflect the accumulated wisdom of generations of psychologists working in various settings and countries”. (Allan,
Criminal psychologists are well-trained in the principles of human behavior, criminal psychologists will work very diligently with courts, attorneys, law enforcement agencies, and multiple other stakeholders that include civil and criminal cases. It is a particularly new field of work. They have also been serving as workers who are advisors to the courts for decades. They may also be consultants for defendants or victims of crime. During the trial sequence as an expert witness, they may also rehabilitate offenders that are already convicted of a crime. The field of expertise of a criminal psychologist is in forensics, applying psychological principles to the criminal justice system. A great deal of their occupied time is for carrying out evaluations of accused and alleged victims. A criminal psychologist could examine a defendant to determine their ability to stand trial. A criminal psychologist could also interview victims of crime to determine a timeline of events. Supplanting expert testimony is yet another primary field of work for criminal psychologists, as they work in civil, family, criminal, and military