1. Chapter 28 Pgs 593-604 Forensic Psychology “Every chapter and subchapter of sense psychology may help clear up the chaos and confusion which prevail in the observations of eyewitnesses.” - Hugo M ü nsterberg (1908)

2. I. Introduction 1. Forensic Psychology is defined as the application of psychological findings to legal processes. 2. The intersection of psychology and the law has grown in two separate directions: 1. Psychological research findings have increasingly been used to inform various legal processes 2. The practice of clinical forensic psychology as part of the forensic field.

3. II. Psychological Research and the Law 1. Hugo Munsterberg (1908) realized that psychological research findings had the potential to inform the criminal justice system about the unreliability of eyewitness accounts.

4. 2. It was not until 65 years later that psychologists developed specific research designs to assess the accuracy of eyewitnesses. 3. Buckhout (1974) tested that theory in a study on purse snatching- determined memory was selective process, not a copying process Only 7 out of 52 witnesses could identify the suspect ‘recollection is falsified with the passage of time and is influenced by beliefs, motives, stress, environmental factors, expectancy, and stereotypes.” Faulty 90% of the time

5. 4. Problems in accuracy of eyewitnesses include: Unreliability of human information processing system Procedures used by law enforcement officials to obtain eyewitness accounts of crimes

6. 5. 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, hypnotic suggestibility, alcohol intoxication, cross race bias, weapon focus, forgetting curve, exposure time, unconscious transference

7. 6. With all this research…courts seemed reluctant to accept the proposition that eyewitness identification is unreliable changed with the advent of DNA Many defendants were proved innocent with use of DNA when original convictions were based solely on uncorroborated eyewitness testimony

8. 7. As a result of the high number of cases overturned, in 1999, Attorney General Janet Reno ordered the National Institute of Justice to develop national guidelines for law enforcement in collecting eyewitness testimony.

9. 8. The same type of psychological research is being conducted in earwitness testimony. 9. According to Ollson et al, 1998 - has also been shown to be poorer than eyewitness testimony in accuracy

10. 10. False confessions (Kassin, 1997, 1998) are much more common than previously thought. Certain characteristics ( low self-esteem, eagerness to please, anxiety, compliance, and need for notoriety) can lead individuals to make false confessions. 11. Sigmund Freund (1959) believed many criminals harbor unconscious guilt feelings and commit crimes in order to be punished 12. Other psychological factors may also be involved… individuals become fatigued and frightened during interrogation and develop a desire to confess. 13. Just as a subject may delude himself into thinking he committed the crime, he may temporarily delude himself into thinking he did NOT commit the crime….

11. 14. The application of psychological research by the legal system has an interesting history…. Brown v Brown, 1954, cited psychological research (in a footnote) for the first time Ballew v Georgia, 1974, referenced the study on the effect of a group size on the jury making decision 1980 - Barrier on the credibility and usefulness of psychological research was lifted Psychological research in areas such as ability of mental health professionals to predict violent behavior has been cited in recent decisions…

12. III. Criminal Forensic Psychology 1. In 1909, William Healy established first court clinic as an adjunct to the Cook County Juvenile Court in Chicago, Ill Juvenile justice system has always stressed rehabilitation 2. In 1914 first adult court clinic was established Mental health practitioners began to routinely evaluate and treat criminal defendants On a pre-trial basis to determine competency and criminal responsibility or proper disposition for the sex offender.

13. 3. Society has always been unsure how to deal with the repetitive sex offender, whose conduct obviously stems from psychological sources. Rapists, exhibitionists, voyeur, child molester, sex murderer 4. In 1930s, many states enacted sexual psychopath laws, which mandated evaluation and treatment of sex offenders Allay public hysteria over brutal crimes 5. By the end of the 1960s, almost every state has specialized diagnostic and treatment programs- both free standing and in prison

14. 6. 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 7. Forensic psychologists are involved in: Assessment Treatment 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

15. IV. Forensic Assessment: Distinctions between Clinical and Forensic Approach 1. Clinical psychologists are taught to : evaluate their patient through interviews, psychological testing and information from family members, friends, hospital records and records from previous therapists listen to patient’s concerns, and accept patient’s symptoms as valid Lying, deceit, exaggeration and malingering do occur, but are secondary matters

16. 2. Forensic psychologists can not automatically accept a litigant’s description of what happened. has an obvious motive to lie, exaggerate, or distort symptoms and events maybe seeking to create a psychological defense, recover money or damages, or to transfer from a jail to a hospital 3. Traditional clinical approach can not be used in forensic assessments

17. 4. Criminal’s version of events, background and symptom description must be corroborated by the forensic psychologist. 5. Dimensions Distinguishing Therapeutic from Forensic Assessment: Scope Importance of Client Perspective Voluntariness Autonomy Threats to Validity Relationships and Dynamics Pace and Setting

18. V. Psychological Testing: Traditional and Specialized Forensic Tests 1. Psychological testing is either quantitative or quasi-quantitative method of evaluating personality, psychopathology and mental functioning. Testing assists in reducing subjectivity of clinical evaluation Due to its objectivity, psychological testing is used a lot in forensic assessments

19. 2. Traditionally used psychological tests: Personality Inventories Projective Personality Tests Tests of General Educational Functioning Tests of Memory Functioning Tests for Neuropsychological Impairment Test for Specific Disorders

20. A. Projective Tests 3. 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 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

32. A. Projective Tests…cont. 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 Bender-Gestalt test asks subject to copy nine geometric figures, and interpretation is done by psychologist from way drawing is done

34. B. Personality Inventories 4. Highly standardized and have considerable empirical validation Minnesota Multiphasic Personality Inventory (MMPI) California Psychological Inventory (CPI) Millon Clinical Multiaxial Inventory (MCMI)

35. C. Intellectual and Cognitive Assessment 5. Intellectual and cognitive assessment is critical in any forensic assessment Wechsler Adult Intelligence Scale (WAIS) Halsted-Reitan Luria-Nebraska

36. D. Specialized Forensic Tests 6. 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 Competence to waive Miranda Rights Competence to stand trial Legal Insanity Child Custody/Parental Fitness Guardianship and Conservatorship Competence for medical treatment decision making

37. VI. Interviews in Altered States of Consciousness 1. Use of narcoanalysis, which is intravenous injection of item such as sodium amytal, places person in trance Used primarily for therapeutic purposes Hypnosis has also been used, however, its usefulness is not clear-cut

38. VII. Complicating Factors in Forensic Assessment: Deception Syndromes 1. Forensic examiner should develop a low threshold for suspecting deception in forensic settings, since distortion or exaggeration commonly occur 2. Types of deception include malingering and dissimulation Pseudo-malingering – where a mentally ill individual feigns mental illness they have Ganser’s syndrome – true disorder which had appearance of malingering, example- 2+2=5

39. 3. 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 criminals simply engage in lying