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Ethical issues surrounding forensics
Legal judicial decision making
Ethics in forensic science
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Forensic Assessment Forensic Assessments are conducted by psychologists (mental health professionals) for a variety of reason; when a decision needs to be made based on a legal question, of competency, insanity, custody, etc. (Heilbrun, Grisso, & Goldstein, 2009). Psychologists are also present to provide services that are helpful to a case in making things clearer and in helping to determine if someone has a mental illness or a disorder for example. Forensic assessments can be done for those purposes mentioned; however can also be done in correctional settings to help offenders cope with their new environment and how they can transition back into society after being in prison (Heilbrun, Grisso, & Goldstein, 2009). The primary focus in juvenile courts is to attempt to rehabilitate the juvenile and therefore will provide support and assessments to reach this goal (Jackson, 2008). In the case study provided, the focus of the assessment may be different than that of an adult. Because the client is a juvenile, they may look for different answers to different questions. The roles of the psychologist are essential and very crucial and can differ based on the population they are evaluating (Jackson, 2008). There are certain things that may need to be considered with a juvenile that would not be considered with an adult. Also, there are more appropriate instruments that can be used in these cases and more people may be involved as a juvenile is not yet an adult (Jackson, 2008). Factors such as age and multicultural backgrounds need to be considered in forensic assessments and can have a very significant impact on sentencing and the case as whole (Jackson, 2008). Therefore, forensic psychologists have to be very well informed an... ... middle of paper ... ...e knowledgeable information about a client in helping to determine things such as competency to stand trial, being tried as an adult, credibility for testimony, etc. Therefore, obtaining the best information possible whether it is through the individual in instruments or from third party resources, the most should be done to collect what is needed for a successful testimony. There are certain factors that forensic psychologists and the courts must consider in order to make the best possible decision for the case. It is the important elements of the case, following ethical codes, and a respect for the forensic assessment principles that will lead to a precise, confident, meticulous, competent and undoubted testimony. I am glad Brenton Butler was found innocent. It shows that good arguments and valid scientific evidence always beats unethical and incompetent work.
In reading the article: Expert Opinion Revisiting the “Irreconcilable conflict between Therapeutic and Forensic Roles Implications for sex offender specialists” Christmas Covell, Ph.D & Jennifer Wheeler, Ph.D; I found that I was in complete agreement with the authors. I believe that it is extremely important for a forensic psychologist or forensic psychiatrist to determine their role in the beginning. When the professional determines and agrees to their role upfront, life in this filed may possibly be a little easier. It is never in my opinion a good idea to conduct both therapy and assessments on the same person. Especially when working with the sex offender population.
I have been involved in conducting forensic psychological and neuropsychological evaluations for the Department of Child and Families (formally DYFS) for over four years. I was providing these services through Forensic Psychology and Neuropsychology Services (FPNS), a company based out of Hamilton, NJ. I am on the FPNS contract with DCPP to provide forensic evaluations as a psychologist. I worked in an assistive capacity for the first three years under the supervision of Dr. Jonathan Mack, Psy.D., a licensed psychologist and subsequently worked independently on cases conducting forensic evaluations for DCPP through FPNS. I also have training and experience in conducting other forensic evaluations involving both civil and criminal matters. I have a doctorate in Clinical Psychology from APA credentialed Suffolk University, Boston, MA. During my doctoral training, I completed course work in human development theory including child development; assessment of adults and children; psychopathology; multicultural issues and individual differences; ethics; and empirically
Mental health treatment among juvenile is a subject that has been ignored by society for far too long. It has always been one of those intricate issues that lead to the argument of whether juveniles should receive proper treatment or imprisoned like any other criminals, and often trialed as adults. Many times, young people are often deprived of proper help (Rosenberg) However, we often overlook the fact that while they are criminals, they are still young, and fact or not, it is a matter of compassion that must be played from our side to help these youth overcome their harsh reality. As such, we do however see signs of sympathy shown towards juvenile. Juvenile health courts give help to youth to youth who have serious mental illness (Rosenberg). It is often asked in general, would mental health treatment cure juvenile criminals? In my opinion, when you look at the background of these young criminals, it is frequently initiated from negligence and feelings of betrayal (Browne and Lynch), of course leading to mental disorder. However, further zooming into their background, it is always proper treatment that saves them from their unfortunate circumstances. Research shows that giving juvenile criminals mental health treatment did not only reduce re-arrests but also further improve their ways of living among the society.
Costanzo, M., & Krauss, D. (2012). Forensic and Legal Psychology: Psychological Science Applied to Law. New York: Worth Publishers.
Over the last decade, many state legislatures have offered better options and procedures for handling delinquent juveniles. Many states have also extended their juvenile codes for not only the welfare of the child, but for the safety of the community and the protection of the rights of the victim(s). Moreover, many states have also amended their transfer qualifications so that only the most serious of crimes are tried in adult court. As a result, the competency requirement and the insanity defense have gained renewed importance.
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Costanzo, Mark, and Daniel Krauss. Forensic and legal psychology: psychological science applied to law. New York, NY: Worth Publishers, 2012. Print.
Shawn was 16 in 1998 when he violently stabbed his father in his sleep, was tried as a juvenile because of his pre-existing parasomnia, and was sentenced to juvenile hall until his 19th birthday. Jose, 15 in 1998, engaged in a deadly brawl with four other teenagers, tried as a juvenile and sentenced to 208 days in juvenile hall. Marquese, 17, considered a “frequent flyer” of the juvenile system, reoffended on parole by stealing a car and breaking and entering, was tried as a juvenile and paroled in 2001. Manny, 17 in 1999 attacked a family in his neighborhood with a baseball bat alongside two other gang members. One of the victims was six months pregnant. He was tried as an adult and sentenced to nine years in prison. Jordan Brown, now 12, is currently awaiting trial for the murder of his father’s pregnant girlfriend, where he will be tried as an adult for both the murder of the woman and the fetus. What were the factors that decided Manny and Jordan’s case would be tried as adults? Manny and Jordan’s case went to adult court, while other children and teenagers are tried and sentenced in the juvenile system. The court systems have criteria for trying children as adults, taking into account different factors within the crimes themselves. How exactly does th...
In the criminal justice system psychologist play several roles, but in the jury selection process they serve as a consultant. This essay will provide three instances of psychological concepts and illustrate how they are applied to the determination of juries. The essay will also address a common ethical obligation confronting psychologist in the areas of corrections, law enforcement, court systems, and academia.
Most people, if asked would surely agree that being a police officer is not easy, but most probably do not realize that becoming one is just as difficult. During our field trip to the Warren County Police Department Major Bowles and officer Fields talked a little about the extensive process, similar to the process our textbook, Forensic Psychology describes, of being hired into the police department. After putting in their application and being selected to move forward in the program a future police officer must have a background check, complete a psychological screening, a polygraph test, several interviews, and a physical test. If they pass each of those they continue on to the police academy. In whole, the process takes over a year before
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.
Since the establishment of the first juvenile court in Chicago Illinois for over 100 years (Grisso, 199,813) ago, psychologists have continued to show a strong presence in juvenile proceedings and assist the juvenile justice system, as well as young people involved in it. a special court and the justice system for minors, partly in response to the recognition that adolescents, while clearly shows greater cognitive, emotional and behavioral capacities were established than their younger counterparts, do not have many of the skills that adults and relevant to the legal decision making and criminal responsibility (Otto and Borum, 2004) demonstrators. As a result, the juvenile court was to consider the criminal behavior of minors in context of development, with a greater emphasis on rehabilitation and decreased attention on the punishment (Zimring, 2000). Since the juvenile court was to focus on rehabilitation rather than punishment, the dramatic changes in the landscape of juvenile justice in 1966 and 1967, changing forever the denial of constitutional guarantees for minors. In its decisions in Kent v. United States (1966) and In re Gault (1967), the Supreme Court of the United States asked if the ideal rehabilitation of the
Greenfield, D. (2007). Introduction to forensic psychology. issues and controversies in crime and justice. Journal of Psychiatry & Law, 35(2), 201-201-204,105-106.
While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such. Juveniles are not mature enough or developed psychologically, and, therefore, do not consider the consequences of their actions. In the article, “Startling Finds on Teenage Brains” by Thompson, the writer argues that juveniles are not adults. Their brains develop at different stages and they learn skills that they need to learn at a certain time.
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