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How is Forensic Psychology Defined?

March 31, 2011 By

Modern forensic psychology has been a viable professional field for the last half-century so it would seem that defining forensic psychology should be a straightforward task; however, this is not the case. The difficulty stems from the fact that the professionals who work in forensic psychology come from a wide range of graduate and professional backgrounds. This article provides an overview of the various ways in which forensic psychology has been defined.

Varying Roles and Responsibilities of Forensic Psychologists

Forensic psychologists take on a wide variety of roles and responsibilities. Some have degrees in clinical or counseling psychology; others have graduate training in other areas of psychology, such as social, developmental, cognitive, or neuropsychology. Others have backgrounds in law, some with degrees in both psychology and law. The nature of their contributions to forensic psychology also varies. One central issue in defining forensic psychology is that forensic psychologists can work both within and outside the legal system. Some psychologists provide direct services to the court through assessments of issues such as competency to stand trial, criminal responsibility, or child custody. Others are researchers, typically based in universities, who conduct basic or applied research on such topics as eyewitness behavior or jury decision-making. Still others combine both research and clinical practice.

Definitions of Forensic Psychology

For these reasons, it has been difficult to arrive at a definition that encompasses all of these professional backgrounds and varied roles. Various individuals and organizations have proposed different definitions of forensic psychology. Some use broad definitions that attempt to encompass all of the backgrounds and roles described above and distinguish the research and practice contributions. Others focus more on the applied applications of psychologists as providers of expertise to the legal system.

American Board of Forensic Psychology

The American Board of Forensic Psychology provided the following definition of forensic psychology in 1997: forensic psychology is the application of the science and profession of psychology to questions and issues relating to law and the legal system. The word “forensic” comes from the Latin word “forensis,” meaning “of the forum,” where the law courts of ancient Rome were held. Today forensic refers to the application of scientific principles and practices to the adversary process where especially knowledgeable scientists play a role.

American Psychological Association

In 2001 the American Psychological Association defined forensic psychology as the professional practice by psychologists who foreseeably and regularly provide professional psychological expertise to the judicial system.

Such professional practice is generally within the areas of clinical psychology, counseling psychology, neuropsychology, and school psychology, or other applied areas within psychology involving the delivery of human services, by psychologists who have additional expertise in law and the application of applied psychology to legal proceedings.

Committee on Ethical Guidelines for Forensic Psychologists

The Committee on Ethical Guidelines for Forensic Psychologists (1991) defined forensic psychology to include “all forms of professional conduct when acting, with definable foreknowledge, as a psychological expert on explicitly psychological issues in direct assistance to the courts, parties to legal proceedings, correctional and forensic mental health facilities, and administrative, judicial, and legislative agencies acting in a judicial capacity” (p. 657). These guidelines are currently in the final stages of revision and the latest draft refers to forensic psychology as encompassing “all professional practice by any psychologist working with any sub-discipline of psychology (e.g., clinical, developmental, social, cognitive) when the intended purpose of the service is to apply the scientific, technical, or specialized knowledge of psychology to the law and to use that knowledge to assist in solving legal, contractual, and administrative problems.”

Brigham's Presidential Address

The conflicts involved in arriving at a definition was the subject of Professor Jack Brigham’s 1998 presidential address to the American Psychology-Law Society. He posed the question, “What is forensic psychology, anyway?” His answer reflects the conflicts about clinical and non-clinical participants in forensic psychology:

To return to my original question about what is forensic psychology, I believe that there are two levels of classification that yield two sets of definitions. At the level of ethical guidelines and professional responsibility, the broad definition fits best. Any psychologist (clinical, social, cognitive, developmental, etc.) who works within the legal system is a forensic psychologist in this sense, and the same high ethical and professional standards should apply to all. When it comes to how the legal system and the public conceptualize forensic psychology, however, there is a definite clinical flavor. The clinical/nonclinical distinction is a meaningful one, I believe. For example, educational, training, and licensing issues that are pertinent to clinical forensic psychologists may be irrelevant or inapplicable to nonclinical forensic psychologists. Further, clinicians and nonclinicians differ in their orientation to the legal process and in the role that they are likely to play in the courtroom (e.g., individual assessments vs. research-based social fact evidence). So there you have it—two varieties of forensic psychologists, clinical and nonclinical. (Brigham, 1999, p. 295)

Excerpted from: Roesch, R., Zapf, P. A., & Hart, S. D. (2010). Forensic psychology and law. Hoboken, NJ: Wiley.

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What is Criminal Profiling?

March 22, 2011 By

Criminal profiling is the process of identifying behavioral tendencies, personality traits, geographic location, and demographic or biographic descriptors of an offender based on the characteristics of a particular crime. The primary goal of criminal profiling is to narrow the field of possible suspects to a more reasonable number from the hundreds or thousands of possible suspects. In essence, criminal profiling is a form of prediction wherein a profiler attempts to predict who the offender might be on the basis of crime scene information and the behavioral patterns or habits of the offender.  By using data collected on other offenders who have committed the same type of crime, the profiler is able to come to some conclusions regarding the current offender. Of course, the better the data on other offenders, the more accurate the profiler will likely be. It is important to note that criminal profiling can rarely point to the particular person who committed the crime; rather, the process is used to develop a manageable set of clues as to who may have been responsible for the crime.

Criminal Profiling v. Psychological Profiling v. Racial Profiling

In their book, Introduction to Forensic Psychology, Curt and Anne Bartol describe the differences between criminal profiling, psychological profiling, and racial profiling.

Criminal Profiling

Criminal profiling refers to identifying and describing essential information about a suspect. As previously indicated, criminal profilers use data about other offenders who ha

ve committed similar types of offenses in attempting to narrow the pool of possible suspects. The goal of criminal profiling is to arrive at a profile of the type of individual who may be responsible for committing the crime of interest.

Psychological Profiling

Psychological profiling refers to a behavioral sketch of an individual who may or may not be a suspected offender.  The process of psychological profiling involves integrating information and evidence from the crime scene with psychological theory to arrive at a sketch of the perpetrator’s behavior and personality. Bartol and Bartol write that the United States’ Office of Strategic Services used psychological profiling during World War II in an effort to understand the tendencies and thought processes of Adolf Hitler.

Racial Profiling

Racial profiling refers to police-initiated action that relies on the race, ethnicity, or national origin (rather than the behavior) of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity.

Applied Profiling v. Research on Profiling

One important aspect to consider is that our application of the principles of profiling can only be as good as the research behind it. Thus, one area of forensic psychology that drastically needs attention from forensic psychologists is that of profiling research. It is crucial to understand the reliability and validity of various profiling techniques so they can be improved to allow for meaningful application by law enforcement and other forensic investigators.

Excerpted from: Bartol, C. R., & Bartol, A. M. (2004). Introduction to forensic psychology. Thousand Oaks, CA: Sage.

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The History of Forensic Psychology

March 17, 2011 By
Forensic Psychology and Law

Forensic Psychology and Law

In their textbook entitled, Forensic Psychology and Law, Ron Roesch, Patricia Zapf, and Stephen Hart provide a brief synopsis of the history of forensic psychology. They write that there is general agreement that although medical experts testified in some criminal cases in the 1800s, the roots of modern day forensic psychology (psychology and law) were not established until the early part of the 20th Century. If these roots can be traced to one individual, it would perhaps be Hugo Munsterberg, who was the director of Harvard’s Psychological Laboratory.

Munsterberg, Wigmore, and Early Psychology and Law

Munsterberg was a strong advocate of the application of psychological research to legal issues. In his book On the Witness Stand, which was published in 1908, Munsterberg reviewed research on such topics as the reliability of eyewitness testimony, false confessions, and crime detection and prevention, and argued that the legal system should make greater use of this research. He wrote “The courts will have to learn, sooner or later, that the individual differences of men can be tested to-day by the methods of experimental psychology far beyond anything which common sense and social experience suggest” (p. 63). Munsterberg was a controversial figure whose claims for the contributions of psychology to law were not supported by empirical research.

Criticisms of Munsterberg were rampant. Notable among the critiques by both the legal and psychological communities was one by the legal scholar, John Wigmore. In a satirical article published in a law review in 1909, Wigmore staged a mock lawsuit in which he accused Munsterberg of libeling the legal profession and exaggerating his claim of what psychology had to offer the law. He subjected Munsterberg’s claims to a rigorous cross-examination in which he argued that psychological testimony about such issues such as eyewitness credibility should not be admissible in the courts. Of course, Munsterberg was found guilty. It is of interest to note that, despite his scathing critique of Munsterberg, Wigmore was positive about the potential of psychology to offer assistance to the courts on a range of legal issues, noting that the courts will be ready for psychologists when psychologists are ready for the courts. It was not until the past few decades that psychology has begun to answer Wigmore’s call.

Louis Brandeis

At the same time that Munsterberg published his book, Louis Brandeis, a lawyer who would later become a U.S. Supreme Court Justice, submitted, in the case of Muller v. Oregon (1908), a brief that summarized the social science research showing the impact that longer working hours had on the health and well-being of women. The Oregon court’s decision was consistent with the conclusions Brandeis reached in the brief. This marked the first time that social science research was presented in court in the form of a brief, and subsequent briefs of this nature became known as Brandeis briefs. These briefs, however, were not commonly presented in the courts until decades later.

Perhaps the most cited social science brief was the one submitted in the famo

us desegregation case, Brown v. Board of Education (1954). Led by psychologist Kenneth Clark, Isidor Chein, and Stuart Cook, a brief was prepared that summarized research demonstrating that segregation has negative effects on the self-esteem and other personality characteristics of black children. The brief was cited as a footnote in the Supreme Court’s decision that segregation violated the Equal Protection and Due Process clauses of the Fourteenth Amendment. While it has since been debated whether or how much this research influenced the Court’s decision, there is no question that it marked the potential of using psychological research to inform courts about the negative consequences of social policies and practices.

Early Research in Psychology and Law

Another early historical event was the publication, in the prestigious journal Psychological Bulletin, of a series of articles by Guy Whipple that in part related memory and the accounts of witnesses. In an article published in 1909, Whipple set the stage for later laboratory research on witness behavior. He wrote,

If, then, the work of reporting is difficult even for the trained expert working under laboratory conditions and using a carefully refined terminology, how much more difficult must it be for the untrained individual to report with accuracy and completeness the experiences of his daily life, when to the inadequacy of his language there must be added the falsifying influences of misdirected attention, mal-observation, and errors of memory, not to mention the falsifying influences that may spring from lack of caution, of zeal for accurate statement, or even from deliberate intent to mislead. (p. 153)

Forensic Psychology in the Modern Era

The modern era of forensic psychology can perhaps be traced to the late 1960s when two psychologists, Jay Ziskin and Eric Dreikurs, began discussions that led to the creation of forensic psychology’s first professional association. These early meetings, which initially took place at the American Psychological Association Conference in San Francisco in 1968, let to the development of the American Psychology-Law Society (APLS). Ziskin in particular was the driving influence, and he had lofty aspirations for the impact of psychology and law. He wrote in APLS’s first newsletter:

“While only the future can reveal the significance of a present event, I feel that [the meeting] in San Francisco will prove to be an event of historic significance… It may not prove grandiose to compare the potential impact of the creation of this society in its area with that of the Royal Academy of Science in Britain and the Academie des Sciences in France… We can perceive that we have taken on a precious responsibility, for there are few interdisciplinary areas with so much potential [as psychology and law] for improving the human condition and for acquiring and utilizing greater understanding of man. (p. 1)

Whether APLS will realize Ziskin’s vision, it is noteworthy that APLS has thrived since its inception. APLS has now grown to over 2000 members, has sponsored a major journal, Law and Human Behavior, a scholarly book series, and has developed guidelines for the professional practice of forensic psychology, among other accomplishments.

Excerpted from: Roesch, R., Zapf, P. A., & Hart, S. D. (2010). Forensic Psychology and law. Hoboken, NJ: Wiley.

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What is Criminal Psychology?

March 17, 2011 By

Criminal psychology, most commonly known as forensic psychology, involves the application of science and the profession of psychology to questions and issues pertaining to law and the legal system. Typically, when one refers to criminal psychology, they are referring to the application of the principles and practices of clinical psychology to the offender population. Criminal psychologists, most commonly known as clinical forensic psychologists, are engaged in the study or and delivery of psychological services to individuals who have some into contact with the criminal justice system and who require psychological services in the form of evaluation or treatment. Clinical forensic psychologists work in a variety of settings including independent practice, correctional facilities, secure and community mental health facilities, forensic and state hospitals, as well as educational, research, and policy institutions.

Types of mental disorders

Criminal psychologists (clinical forensic psychologists) work with individuals who are involved with the criminal justice system and who have a broad array of mental disorders, including but not limited to, personality disorders (antisocial personality disorder, borderline personality disorder), psychopathy, developmental disorders, mood disor

ders (depression, bipolar disorder), sexual disorders, psychotic disorders (schizophrenia, delusional disorder) and the very common substance use disorders (more than 75% of the prison and jail population have or have had a substance use disorder).

Evaluation

Clinical forensic psychologists may be involved in the evaluation of criminal offenders before or during trial (competency to stand trial, mental state at the time of offense), at the time of sentencing (pre-sentence evaluations), upon admission to a correctional facility (institution risk assessment, placement evaluation), during an offenders period of incarceration (treatment evaluations), upon release from a correctional facility (parole board evaluations, risk assessments), as well as after release (ongoing risk assessments).

Intervention

Treatment of criminal offenders usually begins upon arrest or conviction and may include individual treatment, group treatment, or both and may continue until well after release from a correctional facility. Treatment may be provided in a private practice setting, a community mental health center, a halfway house or other residential facility, as well as correctional and probation offices and institutions among other settings. Interventions are typically aimed at attempting to rehabilitate offenders in the specific areas where they may have functional deficits, such as mental health issues, substance use problems, relapse prevention, social skills training, or any host of other problems or issues.

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What are the Different Types of Clinical Psychologists?

February 24, 2011 By

Clinical psychology is a broad field with many areas of specialization. This article describes a few of the most common areas of specialization for those interested in working directly with clients or patients in a clinical or applied setting.

Psychology as a Broad Field

The field of psychology is broad in its focus and encompasses a number of different types of specialties. In its broadest sense, the field of psychology can be divided into that which deals directly with clients or patients in clinical or other applied settings and that which deals with improving our understanding of the wide variety of ways in which we think about, feel, interact, or deal with each other and our environment through theory and research. The specialties and subspecialties within each of these two broad areas are too numerous to fully describe here but this article will describe some of the more common specialties within the applied or clinical realm of psychology.

Clinical Psychologists and their Subspecialties

Clinical psychology is perhaps the largest specialty within Psychology and primarily deals with the study, assessment, and treatment of abnormal behavior, mental disorder and psychiatric problems. Clinical psychologists are involved in a variety of different activities, including: research; teaching; supervision and consultation; program development, evaluation, and administration; courtroom testimony; development of public policy; and professional practice. Within the field of clinical psychology, a number of subspecialties exist, such as child psychology, geriatric psychology, health psychology, neuropsychology, and forensic psychology.

Child Psychologists

Child psychology is a subspecialty within clinical psychology that deals with the specific needs and concerns of the child. Child psychologists focus primarily on the physical, mental, social, and emotional development of children from prenatal development through adolescence. These professionals work with children and their families to provide assessment and treatment of those issues that affect a child’s development and well-being. Child psychologists are also involved in studying and conducting research on various issues related to a child’s development, including the social, cultural, and socioeconomic context in which the child is being raised. Division 53 of the American Psychological Association, the Society of Clinical Child and Adolescent Psychology, is a good resource for more information on child psychology.

School psychologists & Educational psychologists

NOTE: School psychologists or educational psychologists are those that are trained in both psychology and education and work with children and youth to help them succeed socially, behaviorally, and emotionally. School psychologists typically receive an EdD degree (as opposed to a PhD) as they typically complete their graduate training in the Faculty of Education (as opposed to the Faculty of Arts or Sciences). Divisions 15 (Educational Psychology)  and 16 (School Psychology) of the American Psychological Association serve as good resources for more information on school or educational psy

chology.

Geropsychologists

Geriatric psychology is a subspecialty within clinical psychology that deals with the specific needs and concerns of older adults. Geropsychologists focus primarily on the continued physical, mental, social, and emotional development of older adults. These professionals work with older adults and their families or other caregivers to provide assessment and treatment of those issues that affect older adults, such as cognitive function and depression, and to improve the quality of life of older adults and their caregivers. Division 20, Adult Development and Aging, of the American Psychological Association serves as a good resource for more information on geriatric psychology.

Clinical Health Psychologists

Clinical Health Psychology is a subspecialty within clinical psychology that deals with the psychological and behavioral aspects of physical and mental health. Clinical health psychologists typically work in specialty health clinics, such as diabetes or hypertension clinics, or hospitals and other primary-care settings where they work with other health care providers to assist patients with psychological issues related to health and illness. Division 38, Health Psychology, of the American Psychological Association serves as a good resource for those interested in learning more about health psychology.

Clinical Neuropsychologists

Clinical Neuropsychology is a subspecialty of clinical psychology that deals with the relationship between the brain and human behavior. Clinical neuropsychologists provide assessment and intervention services for those individuals who have sustained brain injuries or who show deficits in functioning that are related to brain trauma or deterioration. These professionals typically work in primary care facilities or in private practice, as well as in university and research settings. Division 40, Clinical Neuropsychology, of the American Psychological Association serves as a good resources for more information about neuropsychology.

Clinical Forensic Psychologists

Clinical Forensic Psychology is a subspecialty of clinical psychology that deals with the intersection of clinical psychology and the law. Clinical forensic psychologists provide assessment, consultation, and intervention services for those involved with the criminal or civil justice systems and assist the court in making legal determinations of relevant issues. These professionals may work in forensic facilities, state hospitals, and correctional institutions as well as in research settings and private practice. Division 41 of the American Psychological Association, the American Psychology-Law Society, as well as the other pages in this website serve as a good resources for those wanting to learn more about clinical forensic psychology.

Multiple Clinical Specialties

Many psychologists work with a variety of different types of groups or individuals and some work in more than subspecialty of clinical psychology. Currently, there appears to be increasing demand for certain type of multiple-specialty clinical psychologists, such as forensic neuropsychologists, and pediatric psychologists (those who work with children in health psychology settings).

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Do I Need to Become a Clinical Psychologist to be a Forensic Psychologist?

February 21, 2011 By

The answer to this question depends on the types of activities that you wish to engage in as a forensic psychologist. This article provides a brief overview of the ways in which forensic psychology differs from and overlaps with clinical psychology.

All forensic psychologists work at the interface of psychology and the law but this encompasses a wide array of activities and roles. In general, forensic psychology can be broken down into two broad areas—clinical forensic psychology and non-clinical forensic psychology (also called experimental forensic psychology or psychology and law).

Clinical Forensic Psychology

In general, a clinical forensic psychologist is a clinical psychologist who works at the interface of psychology and law. Clinical forensic psychologists must be licensed to practice clinical psychology and must have completed specialized education, training and experience in forensic psychology. While the licensing laws and requirements vary by state (in the USA) and province (in Canada), a doctoral degree in clinical psychology (either a PhD or a PsyD) is the most common educational requirement for licensure as a psychologist. In addition to the educational requirements, most states and provinces require a certain number of hours of professional experience to become licensed. In addition, some states and provinces require additional training of clinical psychologists to be able to engage in providing forensic psychological services.

Licensed clinical psychologists who specialize in forensic psychology engage in a wide variety of professional roles, including, but not limited to: conducting evaluations and assessments of individuals involved in the criminal and civil justice systems; providing intervention and treatment services for individuals involved in some aspect of the criminal or civil justice systems or for those within th

e correctional system; providing consultation regarding psychological aspects of legal issues; conducting research on issues related to psychology and law; developing policy on issues related to psychology and law; and testifying as an expert witness.

So, the answer to the question of whether one needs to become a clinical psychologist to be a clinical forensic psychologist is yes, but one does not necessarily have to become a clinical psychologist to be a forensic psychologist (keep reading).

Experimental Forensic Psychology

In general, experimental forensic psychologists are psychologists who work at the interface of psychology and law but who do not engage in direct delivery of psychological services to individuals or groups. Most states and provinces do not require experimental (or other non-clinical) forensic psychologists to become licensed since they do not work directly with patients or engage in providing clinical psychological services. Most experimental (or non-clinical) forensic psychologists obtain a PhD in either experimental or social psychology, although any area of specialization other than clinical would also be appropriate, and obtain specialized training in issues related to psychology and law.

Non-clinical forensic psychologists engage in a wide variety of professional roles, including, but not limited to: conducting research on issues related to psychology and law, such as jury and judicial decision-making, eyewitness testimony, eyewitness identification, interrogations, and confessions; providing expert testimony on issues related to psychology and law (such as those previously mentioned); engaging in trial and jury consultation services; and developing policy on issues related to psychology and law.

Thus, the answer to the question of whether one needs to become a clinical psychologist to be a forensic psychologist is no, unless you want to engage in direct delivery of psychological services (assessment, treatment, and consultation) to individuals or groups involved in the criminal and civil justice systems (in which case you would need to become a clinical psychologist).

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