Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition 1# Forensic Science An Introduction to Scientific and Investigative Techniques Stuart

Chapter 28Chapter 28 CRC Press: Forensic Science, James and NoCRC Press: Forensic Science, James and Nordby, 2nd Editionrdby, 2nd Edition

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Forensic ScienceForensic ScienceAn Introduction to Scientific and An Introduction to Scientific and

Investigative TechniquesInvestigative Techniques

Stuart H. James and Jon J. NordbyStuart H. James and Jon J. Nordby

22Chapter 28Chapter 28 CRC Press: Forensic Science, James and NoCRC Press: Forensic Science, James and Nordby, 2nd Editionrdby, 2nd Edition

Chapter 28Chapter 28

Forensic PsychologyForensic Psychology

Chapter Author: Louis B. SchlesingerChapter Author: Louis B. Schlesinger

• Presentation created by Greg Galardi, Peru, NebraskaPresentation created by Greg Galardi, Peru, Nebraska


Forensic PsychologyForensic Psychology

• Defined as the application of Defined as the application of psychological findings to legal psychological findings to legal processesprocesses


Psychological Research and Psychological Research and LawLaw

• Hugo Munsterberg (1908) realized Hugo Munsterberg (1908) realized that psychological research that psychological research findings had the potential to inform findings had the potential to inform the criminal justice system about the criminal justice system about the unreliability of eyewitness the unreliability of eyewitness accountsaccounts



• Buckhout (1974) tested that theory in a Buckhout (1974) tested that theory in a study on purse snatching- determined study on purse snatching- determined memory was selective, not a copying memory was selective, not a copying processprocess

• Only 7 out of 52 witnesses could Only 7 out of 52 witnesses could identify the suspectidentify the suspect



• Problems in accuracy of eyewitnesses Problems in accuracy of eyewitnesses include:include:• Unreliability of human information Unreliability of human information

processing systemprocessing system• Procedures used by law enforcement Procedures used by law enforcement

officials to obtain eyewitness officials to obtain eyewitness accounts of crimesaccounts of crimes



• Kasin et al (2001) cite numerous Kasin et al (2001) cite numerous problems with criminal justice system problems with criminal justice system processes:processes:• Wording of questions, line up instructions, Wording of questions, line up instructions,

confidence malleability, mug shots, confidence malleability, mug shots, induced biases, post event information, induced biases, post event information, child witness suggestibility, attitudes and child witness suggestibility, attitudes and expectations, continued…expectations, continued…



• Kasin et al (2001) cite numerous Kasin et al (2001) cite numerous problems with criminal justice system problems with criminal justice system processes:processes:• Hypnotic suggestibility, alcohol Hypnotic suggestibility, alcohol

intoxication, cross race bias, weapon intoxication, cross race bias, weapon focus, forgetting curve, exposure time, and focus, forgetting curve, exposure time, and unconscious transferenceunconscious transference



• Courts stance on unreliability of Courts stance on unreliability of eyewitness identification changed with eyewitness identification changed with the advent of DNA the advent of DNA

• Many defendants were proved innocent Many defendants were proved innocent with use of DNA when original with use of DNA when original convictions were based solely on convictions were based solely on eyewitness testimonyeyewitness testimony



• Earwitness testimony (Ollson et al, Earwitness testimony (Ollson et al, 1998) has also been shown to be 1998) has also been shown to be poorer than eyewitness testimony in poorer than eyewitness testimony in accuracyaccuracy

• False confessions (Kassin, 1997, 1998) False confessions (Kassin, 1997, 1998) are much more common than are much more common than previously thoughtpreviously thought



• Brown V. Board of Education (1954) Brown V. Board of Education (1954) cited psychological research for first cited psychological research for first timetime

• Psychological research was referenced Psychological research was referenced in US Supreme Court decision, Ballew in US Supreme Court decision, Ballew v. Georgia (1978)v. Georgia (1978)

• Barrier of non-acceptance of Barrier of non-acceptance of psychological research in court has psychological research in court has been removedbeen removed


Clinical Forensic PsychologyClinical Forensic Psychology

• 1909 William Healy established first 1909 William Healy established first court clinic as an adjunct to the Cook court clinic as an adjunct to the Cook County Juvenile Court in Chicago, IllCounty Juvenile Court in Chicago, Ill

• In 1914 first adult court clinic was In 1914 first adult court clinic was established established

• In 1930s, many states enacted sexual In 1930s, many states enacted sexual psychopath laws, which mandated psychopath laws, which mandated evaluation and treatment of sex evaluation and treatment of sex offendersoffenders



• By the end of the 1960s, almost every By the end of the 1960s, almost every state has specialized diagnostic and state has specialized diagnostic and treatment programs- both free standing treatment programs- both free standing and in prisonand in prison

• President Kennedy’s initiatives in the President Kennedy’s initiatives in the 1960s established community mental 1960s established community mental health centershealth centers



• Clinical Psychology did not gain Clinical Psychology did not gain licensure as an independent profession licensure as an independent profession in all states until the 1970sin all states until the 1970s

• Psychologists were occasionally called Psychologists were occasionally called to testify in court to the results of to testify in court to the results of psychological testing or under the psychological testing or under the auspices of a psychiatristauspices of a psychiatrist



People v. Hawthorne (1940), People v. Hawthorne (1940), court decided there was “no court decided there was “no magic of an MD degree”, and magic of an MD degree”, and allowed properly trained allowed properly trained psychologists to testify about a psychologists to testify about a defendant’s mental statedefendant’s mental state



Jenkins v. United States(1962) Jenkins v. United States(1962) landmark case which allowed landmark case which allowed psychologists to testify as psychologists to testify as expert witnesses in criminal expert witnesses in criminal mattersmatters



• Despite court decisions, it was not Despite court decisions, it was not until the 1980s that a until the 1980s that a psychologist’s testimony was used psychologist’s testimony was used regularlyregularly

• Psychologists gained general Psychologists gained general acceptance by society as an acceptance by society as an independent mental health independent mental health professionprofession



• Many states had to change Many states had to change specific laws to allow forensic specific laws to allow forensic examinations to be performed examinations to be performed by psychologists, not just by psychologists, not just psychiatristspsychiatrists



• Early 1990s forensic psychology was Early 1990s forensic psychology was well on it’s way to being a major well on it’s way to being a major participant in legal decision makingparticipant in legal decision making

• American Board of Forensic American Board of Forensic Psychology was appointed as a Psychology was appointed as a credentialing body, and standards for credentialing body, and standards for professionals were established professionals were established



• Forensic psychologists are involved in:Forensic psychologists are involved in:• AssessmentAssessment• TreatmentTreatment• Provision of testimony in a variety of legal Provision of testimony in a variety of legal

cases such as family law, civil law and cases such as family law, civil law and criminal lawcriminal law

• Developing specializations in specific Developing specializations in specific areas, such as sexual harassment, etcareas, such as sexual harassment, etc


Psychology and Law: An Uneasy Psychology and Law: An Uneasy AllianceAlliance

• Basic differences in paradigms Basic differences in paradigms associated with psychology and associated with psychology and law creates conflict:law creates conflict:• Lawyers use adversarial Lawyers use adversarial

approachapproach• Psychologists use cooperative Psychologists use cooperative

approachapproach



• Lawyers are concerned with assigning Lawyers are concerned with assigning moral responsibilitymoral responsibility

• Psychologists are taught not to moralize Psychologists are taught not to moralize or make moral judgmentsor make moral judgments

• Lawyers are concerned with time and Lawyers are concerned with time and deadlines, speedy trial, etcdeadlines, speedy trial, etc

• Psychologists are not as concerned with Psychologists are not as concerned with time, as it may take years to treat a patient time, as it may take years to treat a patient



• Psychologists generally adhere to a Psychologists generally adhere to a theoretical school: behavioral, theoretical school: behavioral, cognitive, psychoanalytic cognitive, psychoanalytic

• In law, theory gives way to individual In law, theory gives way to individual cases and their resolution: law can be cases and their resolution: law can be viewed as antitheoretical as a court will viewed as antitheoretical as a court will not try a case simply because it raises not try a case simply because it raises an interesting issuean interesting issue



• Psychologists must recognize that Psychologists must recognize that when entering legal arena, they should when entering legal arena, they should understand the underlying pragmatic understand the underlying pragmatic and philosophical approaches between and philosophical approaches between the disciplinesthe disciplines



• Psychologists may be asked “ultimate” Psychologists may be asked “ultimate” questions, which require the questions, which require the psychologist to translate their opinion psychologist to translate their opinion to legal testimony, such as competency to legal testimony, such as competency to stand trial or defendant’s state of to stand trial or defendant’s state of mindmind

• This issue is hotly debated This issue is hotly debated (Champagne, 1991, Shuman 1996)(Champagne, 1991, Shuman 1996)


Forensic Assessment: Distinctions Forensic Assessment: Distinctions between Clinical and Forensic between Clinical and Forensic

ApproachApproach

• Clinical psychologists are taught to Clinical psychologists are taught to evaluate their patient through evaluate their patient through interviews, psychological testing and interviews, psychological testing and additional information from family additional information from family members, friends, hospital records and members, friends, hospital records and records from previous therapistsrecords from previous therapists



ApproachApproach

• Clinical psychologists are taught to Clinical psychologists are taught to listen to patient’s concerns, and accept listen to patient’s concerns, and accept patient’s symptoms as validpatient’s symptoms as valid

• Lying, deceit, exaggeration and Lying, deceit, exaggeration and malingering do occur, but are malingering do occur, but are secondary matterssecondary matters



ApproachApproach

• Forensic psychologists can not Forensic psychologists can not automatically accept a litigant’s automatically accept a litigant’s description of what happened.description of what happened.

• Litigant has an obvious motive to lie, Litigant has an obvious motive to lie, exaggerate, or distort symptoms and exaggerate, or distort symptoms and eventsevents



ApproachApproach

• Litigant maybe seeking to create a Litigant maybe seeking to create a psychological defense, recover money psychological defense, recover money or damages, or to transfer from a jail to or damages, or to transfer from a jail to a hospital a hospital

• Traditional clinical approach can not be Traditional clinical approach can not be used in forensic assessmentsused in forensic assessments



ApproachApproach

• Criminal’s version of events, Criminal’s version of events, background and symptom description background and symptom description must be corroborated (Davidson, 1965, must be corroborated (Davidson, 1965, Melton et al, 1997) by the forensic Melton et al, 1997) by the forensic psychologistpsychologist


Melton et al (1997) Seven Melton et al (1997) Seven Distinctions between a Clinical and Distinctions between a Clinical and

Forensic PsychologistForensic Psychologist

• ScopeScope• Importance of Client PerspectiveImportance of Client Perspective• VoluntarinessVoluntariness• AutonomyAutonomy• Threats to ValidityThreats to Validity• Relationships and DynamicsRelationships and Dynamics• Pace and SettingPace and Setting


Psychological Testing: Psychological Testing: Traditional and Specialized Traditional and Specialized

Forensic TestsForensic Tests

• Psychological testing is either Psychological testing is either quantitative or quasi-quantitative quantitative or quasi-quantitative method of evaluating personality, method of evaluating personality, psychopathology and mental psychopathology and mental functioningfunctioning




• Testing assists in reducing subjectivity Testing assists in reducing subjectivity of clinical evaluationof clinical evaluation

• Due to its objectivity, psychological Due to its objectivity, psychological testing is used a lot in forensic testing is used a lot in forensic assessmentsassessments




• Traditionally used psychological tests:Traditionally used psychological tests:• Personality InventoriesPersonality Inventories• Projective Personality TestsProjective Personality Tests• Tests of General Educational FunctioningTests of General Educational Functioning• Tests of Memory FunctioningTests of Memory Functioning• Tests for Neuropsychological ImpairmentTests for Neuropsychological Impairment• Test for Specific DisordersTest for Specific Disorders


Projective TestsProjective Tests

• These tests are designed to have These tests are designed to have individuals respond to a visual individuals respond to a visual stimulus, and when asked to respond stimulus, and when asked to respond to it, the individual’s response will to it, the individual’s response will reveal aspects of his or her personalityreveal aspects of his or her personality



• The Rorschach ink blot test is the most The Rorschach ink blot test is the most widely used projective testwidely used projective test

• Thematic Apperception Test (TAT) Thematic Apperception Test (TAT) subject is shown a number of pictures subject is shown a number of pictures and subject is asked to create a story, and subject is asked to create a story, and it is assumed the subject will and it is assumed the subject will reveal wishes, thoughts, conflicts, reveal wishes, thoughts, conflicts, motives and feelingsmotives and feelings



• Projective Figure Drawings – person is Projective Figure Drawings – person is asked to draw a house, a tree, a person, asked to draw a house, a tree, a person, person of opposite sex, worst thing person of opposite sex, worst thing they can think of, or similar topics and they can think of, or similar topics and interpretation is made from theminterpretation is made from them



• Bender-Gestalt test asks subject to Bender-Gestalt test asks subject to copy nine geometric figures, and copy nine geometric figures, and interpretation is done by psychologist interpretation is done by psychologist from way drawing is donefrom way drawing is done


Personality InventoriesPersonality Inventories

• Highly standardized and have Highly standardized and have considerable empirical validationconsiderable empirical validation

• Types include:Types include:• Minnesota Multiphasic Personality Minnesota Multiphasic Personality

Inventory (MMPI)Inventory (MMPI)• California Psychological Inventory (CPI)California Psychological Inventory (CPI)• Millon Clinical Multiaxial Inventory (MCMI)Millon Clinical Multiaxial Inventory (MCMI)


Intellectual and Cognitive Intellectual and Cognitive AssessmentAssessment

• Intellectual and cognitive assessment Intellectual and cognitive assessment is critical in any forensic assessmentis critical in any forensic assessment

• Examples of tests include:Examples of tests include:• Wechsler Adult Intelligence Scale (WAIS)Wechsler Adult Intelligence Scale (WAIS)• Halsted-ReitanHalsted-Reitan• Luria-NebraskaLuria-Nebraska


Specialized Forensic TestsSpecialized Forensic Tests

• Due to traditional psychological tests Due to traditional psychological tests not being developed to address not being developed to address specific forensic issues, a number of specific forensic issues, a number of researchers have developed researchers have developed specialized tests to focus directly on specialized tests to focus directly on specific legal questions specific legal questions


Specialized Forensic TestsSpecialized Forensic Tests

Examples of specialized forensic Examples of specialized forensic assessment instruments:assessment instruments:

• Competence to waive Miranda RightsCompetence to waive Miranda Rights• Competence to stand trialCompetence to stand trial• Legal InsanityLegal Insanity• Child Custody/Parental FitnessChild Custody/Parental Fitness• Guardianship and ConservatorshipGuardianship and Conservatorship• Competence for medical treatment decision Competence for medical treatment decision

makingmaking


Interviews in Altered States of Interviews in Altered States of ConsciousnessConsciousness

• Use of narcoanalysis, which is Use of narcoanalysis, which is intravenous injection of item such as intravenous injection of item such as sodium amytal, places person in trancesodium amytal, places person in trance

• Used primarily for therapeutic Used primarily for therapeutic purposespurposes

• Hypnosis has also been used, however, Hypnosis has also been used, however, its usefulness is not clear-cutits usefulness is not clear-cut


Complicating Factors in Forensic Complicating Factors in Forensic Assessment: Deception Assessment: Deception

SyndromesSyndromes

• Forensic examiner should develop a Forensic examiner should develop a low threshold for suspecting deception low threshold for suspecting deception in forensic settings, since distortion or in forensic settings, since distortion or exaggeration commonly occurexaggeration commonly occur

• Types of deception include malingering Types of deception include malingering and dissimulationand dissimulation



SyndromesSyndromes

• Pseudo-malingering (Schneck,1962) – Pseudo-malingering (Schneck,1962) – where a mentally ill individual feigns where a mentally ill individual feigns mental illness they havemental illness they have

• Ganser’s syndrome (1898) – true Ganser’s syndrome (1898) – true disorder which had appearance of disorder which had appearance of malingering, example- 2+2=5,malingering, example- 2+2=5,



SyndromesSyndromes

• Some criminals claim there is a rational Some criminals claim there is a rational motive for their behavior motive for their behavior

• Other offenders try to convince Other offenders try to convince themselves their crime was unplanned, themselves their crime was unplanned, provoked by victim or an accidentprovoked by victim or an accident

• Other criminals simply engage in lyingOther criminals simply engage in lying

Documents

Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition 1# Forensic Science An Introduction to Scientific and Investigative Techniques Stuart