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

2. 2Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Chapter 28 Forensic Psychology Chapter Author: Louis B. Schlesinger Presentation created by Greg Galardi, Peru, Nebraska Presentation created by Greg Galardi, Peru, Nebraska

3. 3Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Forensic Psychology Defined as the application of psychological findings to legal processes Defined as the application of psychological findings to legal processes

4. 4Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Hugo Munsterberg (1908) realized that psychological research findings had the potential to inform the criminal justice system about the unreliability of eyewitness accounts Hugo Munsterberg (1908) realized that psychological research findings had the potential to inform the criminal justice system about the unreliability of eyewitness accounts

5. 5Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Buckhout (1974) tested that theory in a study on purse snatching- determined memory was selective, not a copying process Buckhout (1974) tested that theory in a study on purse snatching- determined memory was selective, not a copying process Only 7 out of 52 witnesses could identify the suspect Only 7 out of 52 witnesses could identify the suspect

6. 6Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Problems in accuracy of eyewitnesses include: Problems in accuracy of eyewitnesses include: Unreliability of human information processing system Unreliability of human information processing system Procedures used by law enforcement officials to obtain eyewitness accounts of crimes Procedures used by law enforcement officials to obtain eyewitness accounts of crimes

7. 7Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Kasin et al (2001) cite numerous problems with criminal justice system processes: Kasin et al (2001) cite numerous problems with criminal justice system processes: Wording of questions, line up instructions, confidence malleability, mug shots, induced biases, post event information, child witness suggestibility, attitudes and expectations, continued… Wording of questions, line up instructions, confidence malleability, mug shots, induced biases, post event information, child witness suggestibility, attitudes and expectations, continued…

8. 8Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Kasin et al (2001) cite numerous problems with criminal justice system processes: Kasin et al (2001) cite numerous problems with criminal justice system processes: Hypnotic suggestibility, alcohol intoxication, cross race bias, weapon focus, forgetting curve, exposure time, and unconscious transference Hypnotic suggestibility, alcohol intoxication, cross race bias, weapon focus, forgetting curve, exposure time, and unconscious transference

9. 9Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Courts stance on unreliability of eyewitness identification changed with the advent of DNA Courts stance on unreliability of eyewitness identification changed with the advent of DNA Many defendants were proved innocent with use of DNA when original convictions were based solely on eyewitness testimony Many defendants were proved innocent with use of DNA when original convictions were based solely on eyewitness testimony

10. 10Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Earwitness testimony (Ollson et al, 1998) has also been shown to be poorer than eyewitness testimony in accuracy Earwitness testimony (Ollson et al, 1998) has also been shown to be poorer than eyewitness testimony in accuracy False confessions (Kassin, 1997, 1998) are much more common than previously thought False confessions (Kassin, 1997, 1998) are much more common than previously thought

11. 11Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Research and Law Brown V. Board of Education (1954) cited psychological research for first time Brown V. Board of Education (1954) cited psychological research for first time Psychological research was referenced in US Supreme Court decision, Ballew v. Georgia (1978) Psychological research was referenced in US Supreme Court decision, Ballew v. Georgia (1978) Barrier of non-acceptance of psychological research in court has been removed Barrier of non-acceptance of psychological research in court has been removed

12. 12Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology 1909 William Healy established first court clinic as an adjunct to the Cook County Juvenile Court in Chicago, Ill 1909 William Healy established first court clinic as an adjunct to the Cook County Juvenile Court in Chicago, Ill In 1914 first adult court clinic was established In 1914 first adult court clinic was established In 1930s, many states enacted sexual psychopath laws, which mandated evaluation and treatment of sex offenders In 1930s, many states enacted sexual psychopath laws, which mandated evaluation and treatment of sex offenders

13. 13Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology By the end of the 1960s, almost every state has specialized diagnostic and treatment programs- both free standing and in prison By the end of the 1960s, almost every state has specialized diagnostic and treatment programs- both free standing and in prison President Kennedy’s initiatives in the 1960s established community mental health centers President Kennedy’s initiatives in the 1960s established community mental health centers

14. 14Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology Clinical Psychology did not gain licensure as an independent profession in all states until the 1970s Clinical Psychology did not gain licensure as an independent profession in all states until the 1970s Psychologists were occasionally called to testify in court to the results of psychological testing or under the auspices of a psychiatrist Psychologists were occasionally called to testify in court to the results of psychological testing or under the auspices of a psychiatrist

15. 15Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology People v. Hawthorne (1940), court decided there was “no magic of an MD degree”, and allowed properly trained psychologists to testify about a defendant’s mental state People v. Hawthorne (1940), court decided there was “no magic of an MD degree”, and allowed properly trained psychologists to testify about a defendant’s mental state

16. 16Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology Jenkins v. United States(1962) landmark case which allowed psychologists to testify as expert witnesses in criminal matters Jenkins v. United States(1962) landmark case which allowed psychologists to testify as expert witnesses in criminal matters

17. 17Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology Despite court decisions, it was not until the 1980s that a psychologist’s testimony was used regularly Despite court decisions, it was not until the 1980s that a psychologist’s testimony was used regularly Psychologists gained general acceptance by society as an independent mental health profession Psychologists gained general acceptance by society as an independent mental health profession

18. 18Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology Many states had to change specific laws to allow forensic examinations to be performed by psychologists, not just psychiatrists Many states had to change specific laws to allow forensic examinations to be performed by psychologists, not just psychiatrists

19. 19Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology Early 1990s forensic psychology was well on it’s way to being a major participant in legal decision making Early 1990s forensic psychology was well on it’s way to being a major participant in legal decision making American Board of Forensic Psychology was appointed as a credentialing body, and standards for professionals were established American Board of Forensic Psychology was appointed as a credentialing body, and standards for professionals were established

20. 20Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Clinical Forensic Psychology Forensic psychologists are involved in: Forensic psychologists are involved in: Assessment Assessment Treatment Treatment Provision of testimony in a variety of legal cases such as family law, civil law and criminal law Provision of testimony in a variety of legal cases such as family law, civil law and criminal law Developing specializations in specific areas, such as sexual harassment, etc Developing specializations in specific areas, such as sexual harassment, etc

21. 21Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychology and Law: An Uneasy Alliance Basic differences in paradigms associated with psychology and law creates conflict: Basic differences in paradigms associated with psychology and law creates conflict: Lawyers use adversarial approach Lawyers use adversarial approach Psychologists use cooperative approach Psychologists use cooperative approach

22. 22Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychology and Law: An Uneasy Alliance Lawyers are concerned with assigning moral responsibility Lawyers are concerned with assigning moral responsibility Psychologists are taught not to moralize or make moral judgments Psychologists are taught not to moralize or make moral judgments Lawyers are concerned with time and deadlines, speedy trial, etc Lawyers are concerned with time and deadlines, speedy trial, etc Psychologists are not as concerned with time, as it may take years to treat a patient Psychologists are not as concerned with time, as it may take years to treat a patient

23. 23Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychology and Law: An Uneasy Alliance Psychologists generally adhere to a theoretical school: behavioral, cognitive, psychoanalytic Psychologists generally adhere to a theoretical school: behavioral, cognitive, psychoanalytic In law, theory gives way to individual cases and their resolution: law can be viewed as antitheoretical as a court will not try a case simply because it raises an interesting issue In law, theory gives way to individual cases and their resolution: law can be viewed as antitheoretical as a court will not try a case simply because it raises an interesting issue

24. 24Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychology and Law: An Uneasy Alliance Psychologists must recognize that when entering legal arena, they should understand the underlying pragmatic and philosophical approaches between the disciplines Psychologists must recognize that when entering legal arena, they should understand the underlying pragmatic and philosophical approaches between the disciplines

25. 25Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychology and Law: An Uneasy Alliance Psychologists may be asked “ultimate” questions, which require the psychologist to translate their opinion to legal testimony, such as competency to stand trial or defendant’s state of mind Psychologists may be asked “ultimate” questions, which require the psychologist to translate their opinion to legal testimony, such as competency to stand trial or defendant’s state of mind This issue is hotly debated (Champagne, 1991, Shuman 1996) This issue is hotly debated (Champagne, 1991, Shuman 1996)

26. 26Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Forensic Assessment: Distinctions between Clinical and Forensic Approach Clinical psychologists are taught to evaluate their patient through interviews, psychological testing and additional information from family members, friends, hospital records and records from previous therapists Clinical psychologists are taught to evaluate their patient through interviews, psychological testing and additional information from family members, friends, hospital records and records from previous therapists

27. 27Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Forensic Assessment: Distinctions between Clinical and Forensic Approach Clinical psychologists are taught to listen to patient’s concerns, and accept patient’s symptoms as valid Clinical psychologists are taught to listen to patient’s concerns, and accept patient’s symptoms as valid Lying, deceit, exaggeration and malingering do occur, but are secondary matters Lying, deceit, exaggeration and malingering do occur, but are secondary matters

28. 28Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Forensic Assessment: Distinctions between Clinical and Forensic Approach Forensic psychologists can not automatically accept a litigant’s description of what happened. Forensic psychologists can not automatically accept a litigant’s description of what happened. Litigant has an obvious motive to lie, exaggerate, or distort symptoms and events Litigant has an obvious motive to lie, exaggerate, or distort symptoms and events

29. 29Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Forensic Assessment: Distinctions between Clinical and Forensic Approach Litigant maybe seeking to create a psychological defense, recover money or damages, or to transfer from a jail to a hospital Litigant maybe seeking to create a psychological defense, recover money or damages, or to transfer from a jail to a hospital Traditional clinical approach can not be used in forensic assessments Traditional clinical approach can not be used in forensic assessments

30. 30Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Forensic Assessment: Distinctions between Clinical and Forensic Approach Criminal’s version of events, background and symptom description must be corroborated (Davidson, 1965, Melton et al, 1997) by the forensic psychologist Criminal’s version of events, background and symptom description must be corroborated (Davidson, 1965, Melton et al, 1997) by the forensic psychologist

31. 31Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Melton et al (1997) Seven Distinctions between a Clinical and Forensic Psychologist Scope Scope Importance of Client Perspective Importance of Client Perspective Voluntariness Voluntariness Autonomy Autonomy Threats to Validity Threats to Validity Relationships and Dynamics Relationships and Dynamics Pace and Setting Pace and Setting

32. 32Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Testing: Traditional and Specialized Forensic Tests Psychological testing is either quantitative or quasi-quantitative method of evaluating personality, psychopathology and mental functioning Psychological testing is either quantitative or quasi-quantitative method of evaluating personality, psychopathology and mental functioning

33. 33Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Testing: Traditional and Specialized Forensic Tests Testing assists in reducing subjectivity of clinical evaluation Testing assists in reducing subjectivity of clinical evaluation Due to its objectivity, psychological testing is used a lot in forensic assessments Due to its objectivity, psychological testing is used a lot in forensic assessments

34. 34Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Psychological Testing: Traditional and Specialized Forensic Tests Traditionally used psychological tests: Traditionally used psychological tests: Personality Inventories Personality Inventories Projective Personality Tests Projective Personality Tests Tests of General Educational Functioning Tests of General Educational Functioning Tests of Memory Functioning Tests of Memory Functioning Tests for Neuropsychological Impairment Tests for Neuropsychological Impairment Test for Specific Disorders Test for Specific Disorders

35. 35Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Projective Tests These tests are designed to have individuals respond to a visual stimulus, and when asked to respond to it, the individual’s response will reveal aspects of his or her personality These tests are designed to have individuals respond to a visual stimulus, and when asked to respond to it, the individual’s response will reveal aspects of his or her personality

36. 36Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Projective Tests The Rorschach ink blot test is the most widely used projective test The Rorschach ink blot test is the most widely used projective test Thematic Apperception Test (TAT) subject is shown a number of pictures and subject is asked to create a story, and it is assumed the subject will reveal wishes, thoughts, conflicts, motives and feelings Thematic Apperception Test (TAT) subject is shown a number of pictures and subject is asked to create a story, and it is assumed the subject will reveal wishes, thoughts, conflicts, motives and feelings

37. 37Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Projective Tests Projective Figure Drawings – person is asked to draw a house, a tree, a person, person of opposite sex, worst thing they can think of, or similar topics and interpretation is made from them Projective Figure Drawings – person is asked to draw a house, a tree, a person, person of opposite sex, worst thing they can think of, or similar topics and interpretation is made from them

38. 38Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Projective Tests Bender-Gestalt test asks subject to copy nine geometric figures, and interpretation is done by psychologist from way drawing is done Bender-Gestalt test asks subject to copy nine geometric figures, and interpretation is done by psychologist from way drawing is done

39. 39Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Personality Inventories Highly standardized and have considerable empirical validation Highly standardized and have considerable empirical validation Types include: Types include: Minnesota Multiphasic Personality Inventory (MMPI) Minnesota Multiphasic Personality Inventory (MMPI) California Psychological Inventory (CPI) California Psychological Inventory (CPI) Millon Clinical Multiaxial Inventory (MCMI) Millon Clinical Multiaxial Inventory (MCMI)

40. 40Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Intellectual and Cognitive Assessment Intellectual and cognitive assessment is critical in any forensic assessment Intellectual and cognitive assessment is critical in any forensic assessment Examples of tests include: Examples of tests include: Wechsler Adult Intelligence Scale (WAIS) Wechsler Adult Intelligence Scale (WAIS) Halsted-Reitan Halsted-Reitan Luria-Nebraska Luria-Nebraska

41. 41Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Specialized Forensic Tests Due to traditional psychological tests not being developed to address specific forensic issues, a number of researchers have developed specialized tests to focus directly on specific legal questions Due to traditional psychological tests not being developed to address specific forensic issues, a number of researchers have developed specialized tests to focus directly on specific legal questions

42. 42Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Specialized Forensic Tests Examples of specialized forensic assessment instruments: Competence to waive Miranda Rights Competence to waive Miranda Rights Competence to stand trial Competence to stand trial Legal Insanity Legal Insanity Child Custody/Parental Fitness Child Custody/Parental Fitness Guardianship and Conservatorship Guardianship and Conservatorship Competence for medical treatment decision making Competence for medical treatment decision making

43. 43Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Interviews in Altered States of Consciousness Use of narcoanalysis, which is intravenous injection of item such as sodium amytal, places person in trance Use of narcoanalysis, which is intravenous injection of item such as sodium amytal, places person in trance Used primarily for therapeutic purposes Used primarily for therapeutic purposes Hypnosis has also been used, however, its usefulness is not clear-cut Hypnosis has also been used, however, its usefulness is not clear-cut

44. 44Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Complicating Factors in Forensic Assessment: Deception Syndromes Forensic examiner should develop a low threshold for suspecting deception in forensic settings, since distortion or exaggeration commonly occur Forensic examiner should develop a low threshold for suspecting deception in forensic settings, since distortion or exaggeration commonly occur Types of deception include malingering and dissimulation Types of deception include malingering and dissimulation

45. 45Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Complicating Factors in Forensic Assessment: Deception Syndromes Pseudo-malingering (Schneck,1962) – where a mentally ill individual feigns mental illness they have Pseudo-malingering (Schneck,1962) – where a mentally ill individual feigns mental illness they have Ganser’s syndrome (1898) – true disorder which had appearance of malingering, example- 2+2=5, Ganser’s syndrome (1898) – true disorder which had appearance of malingering, example- 2+2=5,

46. 46Chapter 28 CRC Press: Forensic Science, James and Nordby, 2nd Edition Complicating Factors in Forensic Assessment: Deception Syndromes Some criminals claim there is a rational motive for their behavior Some criminals claim there is a rational motive for their behavior Other offenders try to convince themselves their crime was unplanned, provoked by victim or an accident Other offenders try to convince themselves their crime was unplanned, provoked by victim or an accident Other criminals simply engage in lying Other criminals simply engage in lying