What is forensic psych?
Any application of psychological research methods, theory, and practice to a task faced by the legal system
Research of human behavior related to the legal process (eyewitness memory and testimony, jury decision making, criminal behavior)
Developmental psych contributions to forensic psych
custody arrangements following divorce; trying children as adults
Social Psych contributions to forensic psych
interrogator’s use of coercion and persuasion; group dynamics of juries
Clinical psych contributions to forensic psych
mental illness and competence to stand trial; prediction of future violence among the mentally ill
Cognitive psych contributions to forensic psych
accuracy of eyewitness testimony; juror’s understanding of legal instruction
Kirk Heilbrun’s conceptualization
3 primary areas: experimental psych, clinical psych, legal
2 approaches: research/scholarship, applied
Application history of psychology and the law people
Cesare Lombroso
William Healy
Sigmund Freud
Scholarship history of psychology and the law people
Hugo Munsterberg Herman Ebbinghaus Alfred Binet Louis Stern Guy Whipple
Cesare Lombroso
father of modern criminology; sought to understand the causes of crime focusing on biological influences
William Healy
Physician who studied the causes of juvenile delinquency after the establishment of the 1st juvenile courts in 1899
Sigmund Freud
Cautioned austrian judges that their decisions are influenced by unconscious processes; also claimed that insights from his theory could be used to understand criminal behavior and improve the legal system
Hugo Munsterberg
“Experimental psychology has reached a stage at which it seems natural and sound to give attention to its possible service for the practical needs of life”
Considered to be founder of forensic psychology
3 Crucial Activities
1. demonstrated the fallibility of memory
2. published On the Witness Stand (1908)
3. Offered testimony as an expert witness in highly publicized trial
Sought to raise the position of the psychological profession to one of importance in public life but was sometimes insulting to those in the legal profession
Herman Ebbinghaus
Demonstrated the rapid rate of early memory loss
Alfred Binet
studied children’s competence as eyewitneses
Louis Stern
Published eyewitness research in Germany; testified as an expert eyewitness indetification
Guy Whipple
conducted experiments relating testimony and evidence to perception and memory
Goals of the Law and Social Science
Law- focuses on issues of morality, social values, social control, and justifying the application of abstract principles to specific causes (values efficiency and expediency)
Social Science- focus in issues of knowledge, truth, and deriving abstract principles from specific instances (values reproducible phenomena and underlying concepts and causes)
Legal system’s criticisms of psychology
McClesky v Kemp
Warren McClesky is african american. helped rob a furniture store and convicted of killing white police officer who responded; sentenced to death; claimed that state of GA administered death penalty with racial discrimination; supported by statistical evidence; USSC rejected his claim and he was executed
Researcher role of psych
all areas of speciality contribute to the knowledge base using the scientific method
Consultant to law enforcement role of psych
OFten involved in personal selection, evaluation, promotion and training
Trial consultant (aka litigation consultation or jury consultant) role of psych
hired by attorneys to help with jury selection, witness prep or trial strategy
Evaluator and assessor role of psych
Civil cases- emotional trauma; parental fitness; psychological disability (social security) Criminal cases (Capital sentencing, competency to stand trial, juvenile transfer, mental status, miranda waiver, NGRI, presentence evals, prerelease evals, sex offender evals, violence risk assessment)
Expert witness role of psych
different from a fact witness- may express opinions and must be proven to be an expert
3 approaches:
1. conduit- educator–> give opinion no matter who it benefits
2. philosopher- ruler/advocate
3. Hired gun- only give info to help whoever hired them