Functions and challenges of forensic psychology in Bangladesh

Forensic psychology is the interaction of the practice or study of psychology and the law. Psychologists interested in this line of applied work may be found working in prisons, jails, rehabilitation centers, police departments, law firms, schools, government agencies, or in private practice, to name a few.

Forensic psychology plays an important role in determining why a person committed a crime, and whether or not they can be charged for it. For example, most English-speaking individuals have heard the word “insanity.” However, this word is not a psychological term, but a legal one.

Forensic psychology is a branch of psychology which relates to the law. The second is the use of psychological practice to consult on and within the legal system, including both criminal and civil law. The public part of a forensic psychologist’s time is spent in a courtroom working as a witness for the court.

Functions of forensic psychology

Interest in forensic psychology has surged in recent years, primarily due to such television programs as “Criminal Minds,” where criminal profilers have an almost psychic ability to give elaborate personality and behavioral descriptions of perpetrators (“UNSUBs”). This is a misconception of the role that forensic psychologists play and leads to confusion about who is a forensic psychologist. Since forensic psychology is a relatively new field within psychology, it is still having growing pains. Thus, it would probably be best to start with a definition.

Most forensic psychology textbook authors describe forensic psychology as having a broad definition and a narrow definition. Forensic psychology, as defined by the American Psychological Association, is the application of clinical specialties to the legal arena. This definition emphasizes the application of clinical psychology to the forensic setting. Christopher Cronin, who has written a well-known textbook on forensic psychology, defines it as “The application of clinical specialties to legal institutions and people who come into contact with the law” (p. 5), again emphasizing the application of clinical skills such as assessment, treatment, evaluation to forensic settings. This is considered a narrow definition. The broad definition of forensic psychology emphasizes the application of research and experimentation in other areas of psychology (e.g., cognitive psychology, social psychology) to the legal arena. This would include applying results from studies in areas such as cognitive psychology to legal questions. Two good examples include Elizabeth Loftus’ many studies on eyewitness identification and Stephen Ceci’s research on children’s memory, suggestibility and competence to testify. Cronin labels this definition “legal psychology” or “The scientific study of the effect of the law on people, and the effect people have on the law.”

Thus, the practice of forensic psychology, and perhaps the most frequent duty of forensic psychologists, is the psychological assessment of individuals who are involved, in one way or another, with the legal system. Therefore, although it is necessary to have training in law and forensic psychology, the most important skills a forensic psychologist must possess are solid clinical skills. That is, skills like clinical assessment, interviewing, report writing, strong verbal communication skills (especially if an expert witness in court) and case presentation are all very important in setting the foundation of the practice of forensic psychology. With these skills forensic psychologists perform such tasks as threat assessment for schools, child custody evaluations, competency evaluations of criminal defendants and of the elderly, counseling services to victims of crime, death notification procedures, screening and selection of law enforcement applicants, the assessment of post-traumatic stress disorder and the delivery and evaluation of intervention and treatment programs for juvenile and adult offenders. The practice of forensic psychology involves investigations, research studies, assessments, consultation, the design and implementation of treatment programs and expert witness courtroom testimony.

Arguably one of the most interesting assessments for a forensic psychologist is assessment in “mens rea” (insanity) cases. In the U.S., a person cannot be held responsible for a crime if he/she did not possess a “guilty mind” (mens rea) at the time the criminal act was committed. There are several conditions in which the law recognizes that a guilty mind is absent (e.g., self-defense). “Insanity” is not a psychological term but a legal one. The standard for insanity is determined by each state, and there is also a federal standard. A common standard is whether the person knew what he/she was doing was wrong. The forensic psychologist has to determine not how the person is functioning at the present moment, but his/her mental state at the time of the crime. Thus, much of the forensic psychologist’s work is retrospective and must rely on third-party information, collateral contacts and written communications (e.g., statements made at the time of the crime).

Although there are master’s level degrees in forensic psychology, all forensic psychologists must have either a PhD or a PsyD degree from an APA-accredited or Canadian Psychological Association (CPA)-accredited doctoral program. They must also have the equivalent of two years of organized, sequential, supervised professional experience, one year of which is an APA- or CPA-accredited predoctoral internship. Often there are other requirements as well. The candidate can apply for licensure and sit for an oral or written exam (depending on the state where the candidate will be practicing). Practitioners can also become board certified (as diplomates) by the American Board of Forensic Psychology.

Forensic psychology has grown in the past 20 years. It is a broad applied field that offers numerous opportunities to the practitioner. Forensic psychologists work in many different legal environments, writing reports, giving testimony, doing direct treatment or working with therapeutic communities. In his book “Trials of a Forensic Psychologist: A Casebook,” Charles Patrick Ewing gives a clear picture of what it is like to evaluate, write and give testimony in court on difficult criminal cases.

Forensic psychology is a specialized branch that deals with issues that connect psychology and the law. Interest in forensic psychology has grown significantly in recent years. Increasing numbers of graduate programs offer dual degrees in psychology and law, with others providing specialization in forensic psychology.

While forensic psychology is considered a rather new specialty area within psychology, the field dates back to the earliest days in psychology’s history. Philosophers and scientists have long sought to understand what makes people commit crimes, behave aggressively, or engage in antisocial behaviors.

Forensic psychology is a relatively new specialty area. In fact, forensic psychology was just officially recognized as a specialty area by the American Psychological Association in 2001. Despite this, the field of forensic psychology has roots that date back to Wilhelm Wundt’s first psychology lab in Leipzig, German. Learn more about some of the major events and key figures in the history of forensic psychology.

Today, forensic psychologists are not only interested in understanding why such behaviors occur, but also in helping minimize and prevent such actions.

The field has experienced dramatic growth in recent years as more and more students become interested in this applied branch of psychology. Popular movies, television programs and books have help popularize the field, often depicting brilliant heroes who solve vicious crimes or track down killers using psychology.

While depictions of forensic psychology in popular media are certainly dramatic and attention-grabbing, these portrayals are not necessarily accurate. Forensic psychologists definitely play an important role in the criminal justice system, however, and this can be an exciting career for students interested in applying psychological principles to the legal system.

What Do Forensic Psychologists Do, Exactly?

If you enjoy learning about the science of human behavior and the law, then forensic psychology will probably interest you quite a bit. The field has witnessed dramatic growth in recent years, as more and more students become interested in this applied branch of psychology. However, forensic psychology is about much more than the glamorized views portrayed in television shows, movies, and books.

Typically, forensic psychology is defined as the intersection of psychology and the law, but forensic psychologists can perform many roles so this definition can vary. In many cases, people working within forensic psychology are not necessarily “forensic psychologists.” These individuals might be clinical psychologists, school psychologists, neurologists, or counselors who lend their psychological expertise to provide testimony, analysis, or recommendations in legal or criminal cases.

For example, a clinical psychologist might provide mental health services such as assessment, diagnosis, and treatment to individuals who have come into contact with the criminal justice system. Clinicians might be asked to determine if a suspected criminal suffers from a mental illness, or may be asked to provide treatment to individuals suffering from substance abuse and addiction issues.

Another example is that of a school psychologist. While people in this profession typically work with children in school settings, a school psychologist working in forensic psychology might evaluate children in suspected abuse cases, help prepare children to give testimony in court, or offer testimony in child custody disputes.

Some of the functions typically performed within forensic psychology include:

Competency evaluations
Sentencing recommendations
Evaluations of the risk of reoffending
Testimony as an expert witness
Child custody evaluations

How Does Forensic Psychology Differ From Other Areas?

So what exactly makes forensic psychology different from another specialty area such as clinical psychology? Typically, the duties of a forensic psychologist are fairly limited in terms of scope and duration. A forensic psychologist is asked to perform a very specific duty in each individual case, such as determining if a suspect is mentally competent to face charges.

Unlike the typical clinical setting where a client as voluntarily sought out assistance or evaluation, a forensic psychologist usually deals with clients who are not there of their own free will. This can make assessment, diagnosis and treatment much more difficult, since some clients willfully resist attempts at help.

In 1981 Professor Lionel Haward, one of the UK’s founding fathers of Criminal Psychology, described the four roles that psychologists may perform when they become professionally involved in criminal proceedings. These are given below.

Clinical
Experimental
Actuarial
Advisory

Criminal Investigations

The role of a Forensic Psychologist in Criminal Investigations can take a varietyof forms. Professor Laurence Alison of the University of Liverpool has suggested Forensic Psychology several ways in which the expertise of psychologist could aid the police andsupport the work that they do. According to him,

“It is important to appreciate that the ways in which psychologists can contribute extends well beyond the process of profiling offenders. Indeed, the apprehension of the offender would be assisted by enhancing police decision-making and leadership-skills, improving methods of interviewing witnesses and victims, developing accurate methods of recording, collating and analyzing data on pre convictions of offenders, developing suspect prioritization system based on empirical research and enhancing intelligence-led policing and the use of information.” (Alison 2005)

Crime Analysis

Crime Analysis (sometimes also called intelligence analysis) is one field of work which draws upon Forensic Psychological methods. Crime analysts are generally employed by the police (or policing agencies, for example in the Bangladesh the National Crime and Operations Faculty and the National Crime Squad) in order to analyze crime data to aid the police carryout their roles.

Offenders Profiling or Criminal Investigative Analysis

Offender profiling has received a great deal of attention from the media in recent years. Media reporting of the utilization of Forensic Psychologists in high profile cases has introduced the general public to the notion of offender profiling. While this has raised the profile of the field, it could be argued that the (largely) sensationalist portrayal of profiling resulted in a general confusion of what profiling is, how often it is done and who does it. This uncertainty amongst the general public is not altogether surprising however, as there is an absence of an agreed definition of the term ‘profiling’, even in academic circles.

Police Psychology

The information here, thus far, been concerned with the application of psychological knowledge to assist in police investigation. However, there is Forensic Psychology another field within which the work of Forensic Psychologists, and the application of their knowledge, is useful to the police. Like many organizations, the police force itself presents its own challenges – what type of person makes a good police officer? What is the best way to train police officers? How might the attendance at unpleasant scenes of crime, or repeated exposure to negative events, impact on an individual and how are those affected in this way best treated.

Expert Witness

Court cases can involve complex issues including the presentation of information that is judged to be beyond the knowledge of the average layperson who may sit on a jury. In such situations, the court permits the calling of an expert witness who, by definition, has an expertise relating to the issue in question. Under the circumstances expert witnesses are permitted to provide their opinion (rather than the facts) on the issue being discussed.

Forensic Psychologists and Assessment and Treatment of Offenders

Forensic Psychologists, especially within Australia, Canada and the UK, are heavily involved in work concerning the assessment, rehabilitation and management of offenders, either in the community or when held in incarceration. This role can involve working with the offenders to reduce their likelihood for reoffending in the future or a more clinical role addressing the psychological needs of offenders. These psychological needs may (or may not) result from the effects of crime they committed (for example the development of post-traumatic stress disorder or realization of the impact of their offence on their victim) or the environment within which they are held (for example developing depression due to being away from the family or anxiety brought on by respective bullying from other prisoners). This work can be both varied and challenging in nature.

Some Specific Functions of Forensic Psychologist

For our purposes following Bartol and Bartol (2008) Forensic Psychology can be divided into five subspecialties and these are:

Police psychology
Psychology of crime and delinquency
Victimology and victim services,
Legal psychology, and
Correctional psychology.

Specific examples of the functions that Forensic Psychologists may be asked to perform include the following:

1) Police Psychology

Assist police department in determining optimal shift schedules for their employers.
Assist police in developing psychological profiles of serial offenders.
Establish reliable and valid screening procedures for law enforcement officer positions at various police and sheriff departments.
Train police officers on how to deal with mentally ill persons.
Provide counselling services to officers after a shooting incident.

2) Psychology of Crime and Delinquency

Evaluate the effectiveness of preschool intervention strategies designed to prevent violent behavior during adolescence.
Conduct research on the development of psychopathy.
Consult with legislators and governmental agencies as a research policy adviser on prevention of stalking.
Consult with school personnel on identifying troubled youth who are potentially dangerous.
Develop a psychological test for assessing risk among the mentally ill.

3) Victimology and Victim Services

Evaluate and treat persons who are the victims of crime or witness of crime.
Conduct psychological assessments for personal injury matters having to do with such things as auto accidents, product liability, sexual harassment and discrimination, and medical negligence or workers’ compensation.
Educate and train victim service providers on psychological reactions to criminal victimization, such as posttraumatic stress disorder.
Assess, support, and counsel those who provide death notification services.
Educate service providers on the impact of multiculturalism when victims seek mental health and support services.

4) Legal Psychology

Conduct child custody evaluations, visitation risk assessments, and child abuse evaluations.
Assist attorneys in jury selection through community surveys and other research methods.
Perform evaluations of a defendant’s competency to stand trial.
Consult with attorneys and the courts concerning custody decisions, conflict resolution, and the validity of assessment procedures used in the evaluation of various psychological conditions.
Conduct competency evaluations for the civil court.

5) Correctional Psychology

Establish reliable and valid screening procedures for correctional officer positions at correctional facilities.
Evaluate the effectiveness of a variety of existing programmes (a process called programme evaluation) for juvenile and adult offenders, such as victim-offender reconciliation programmes, sex offender treatment, or health education programmes.
Develop a stress management for correctional personnel.
Assess the development of a system for classifying prison inmates for placement within a correctional facility.

Forensic Psychologists and Academia / Research

With the growth of interest in Forensic Psychology in the recent years, there has been an increased demand for courses which teach the theory and practice of Forensic Psychology. With the inevitable growth in Forensic Psychology courses, there has been a corresponding increase in the number of Forensic Psychologists working within academia.

The Challenges of Providing Expert Testimony

Providing expert testimony to the courts in an effective way is not a simple task. This probably explains why in the past few years numerous manuals have been published for the purpose of assisting expert witnesses with the task of preparing for court (e.g., Brodsky, 1991, 1999). In large part, these difficulties arise because of the inherent differences (often conflicts) that exist between the fields of psychology and law. Numerous individuals have discussed these differences, but we will focus on one attempt to describe them. According to Hess (1987, 1999), psychology and law differ along at least seven different dimensions:

1. Knowledge.

Knowledge gain in psychology is accomplished through cumulative research. In the law, knowledge comes through legal precedent, logical thinking, and case law.

2. Methodology.

Methodological approaches in psychology are predominantly nomothetic. In other words, the goal is to uncover broad patterns and general trends using controlled experiments and statistical methods. In contrast, the law is idiographic in that it operates on a case-by-case basis.

3. Epistemology.

Psychologists assume that it is possible to uncover hidden truths if the appropriate experiments are conducted. Truth in the law is defined subjectively and is based on who can provide the most convincing story of what really happened.

4. Criteria.

In terms of a willingness to accept something as true, psychologists are cautious. To accept a hypothesis, results must be replicated, and conservative statistical criteria are used. The law decides what is true based on a single case and criteria that are often more lenient.

5. Nature of law.

The goal in psychology is to describe how people behave. Law, however, is prescriptive. It tells people how they should behave.

6. Principles.

Good psychologists always consider alternative explanations for their findings. Good lawyers always convince the judge and jury that their explanation of the findings is the only correct explanation.

7. Latitude.

The behavior of the psychologist when acting as an expert witness is severely limited by the court. The law imposes fewer restrictions on the behavior of lawyers (though they are also restricted in numerous ways).

References

Ainsworth, P. (2002). Psychology and policing. Cullompton, Devon, UK: Willan Publishing.
American Psychological Association. (2002). Ethical principles of psychologists and code of conduct. Retrieved from http://www.apa.org/ethics/code2002.html
Bartol, C., & Bartol, A. (2012). Introduction to forensic psychology: Research and application (3rd ed., pp. 50-60). Thousand Oaks, CA: SAGE Publications, Inc.
Burns, C. (2014). What helps and hinders the decision to access psychological services in a police population: A critical incident study (Doctorate). The University of British Columbia.
Carlan, P., & Nored, L. (2008). An examination of officer stress: Should police departments implement mandatory counseling? Journal of Police and Criminal Psychology, 23(1), 8-15. doi:10.1007/s11896-008-9015-x
Kirschman, E., Kamena, M., & Fay, J. (2014). Counseling cops: What clinicians need to know. International Journal of Emergency Mental Health and Human Resilience, 17(1), 250. Retrieved from http://www.omicsonline.com/open-access/counseling-cops-what-clinicians-need-to-know-a-book-review-1522-4821-17-151.pdf
Mishara, B., & Martin, N. (2012). Effects of a comprehensive police suicide prevention program. Crisis, 33(3), 162-168. doi:10.1027/0227-5910/a000125
Burns, C. (2014). What helps and hinders the decision to access psychological services in a police population: A critical incident study (Doctorate). The University of British Columbia.
Carlan, P., & Nored, L. (2008). An examination of officer stress: Should police departments implement mandatory counseling? Journal of Police and Criminal Psychology, 23(1), 8-15. doi:10.1007/s11896-008-9015-x
Kirschman, E., Kamena, M., & Fay, J. (2014). Counseling cops: What clinicians need to know. International Journal of Emergency Mental Health and Human Resilience, 17(1), 250. Retrieved from http://www.omicsonline.com/open-access/counseling-cops-what-clinicians-need-to-know-a-book-review-1522-4821-17-151.pdf