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Forensic M1

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hiashy36
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Assignment

Fundamentals of Forensic Psychology


Himanshi Pandey
A0403423424
Section- A
Ma Clinical Psychology
Module 1
Historical Perspective of Forensic Psychology • Defining Forensic Psychology • Forensic
Entomology • Forensic Psychology V/S Forensic Psychiatry • Roles and responsibility of Forensic
Psychologists

Historical Perspectives of Forensic Psychology


• J. McKeen Cattell: Studied the psychology of testimony.
In 1893, Columbia University Professor J. McKeen Cattell conducted informal studies about the
nature of witness testimony. During these experiments, he asked 56 students a series of questions
that are similar to the types commonly used in a trial setting. After giving respondents 30 seconds to
think about their answers, Cattell asked them how confident they were about their answers. Despite
the fact that eyewitness testimony was already believed to be unreliable, Cattell admitted that he
was surprised by the amount of inaccuracies there were among participating students.

• Hugo Münsterberg: A Pioneer in Forensic Psychology


Hugo Münsterberg is often considered the father of forensic psychology. His book, On the Witness
Stand, published in 1908, was a groundbreaking work that applied psychological principles to the
legal system.
Key contributions of Münsterberg:
• Advocacy for psychology in the legal system: Münsterberg argued that psychological research
could provide valuable insights into legal matters, such as eyewitness testimony and criminal
behavior.
• Application of experimental psychology: He used experimental methods to study the
psychology of witnesses and suggested ways to improve the reliability of their testimony.
• Critique of legal practices: Münsterberg criticized the reliance on intuition and common sense
in the legal system,arguing that scientific evidence should play a more central role.
• Focus on witness memory: He explored the factors that influence witness memory and
suggested ways to improve the accuracy of eyewitness testimony.
Münsterberg's work was influential in establishing forensic psychology as a distinct field and
helped to pave the way for the use of psychological evidence in legal proceedings. His ideas
continue to be relevant today and have shaped the way that courts and legal professionals approach
issues related to psychology and the law.
• Alfred Bient – His work in psychological testing served as a basis of many modern
assessments.
Inspired by Cattell’s work, Alfred Binet replicated Cattell’s research and studied the results of other
psychology experiments that applied to law and criminal justice (Bartol, 2005). His work in
intelligence testing was also important to the development of forensic psychology, as many future
assessment tools were based on his work.

• William Stern
Psychologist William Stern also studied witness recall. In one experiment, students were asked to
summarize a dispute they witnessed between two classmates. Stern discovered that errors were
common among the witnesses, concluding that emotions decrease the accuracy of witness recall
(Stern, 1939). Stern continued to study issues surrounding testimony and later established the first
academic journal devoted to applied psychology.

• William Marston: A Pioneer in Lie Detection


William Marston was a prominent figure in the early development of lie detection technology. His
systolic blood pressure test, a precursor to the modern polygraph, was a significant contribution to
the field.
Key contributions of Marston:
• Creation of the systolic blood pressure test: Marston's idea for a lie detection machine
was inspired by his wife's observation that her blood pressure increased when she became
emotional.
• Testing and validation: Marston and his colleagues conducted extensive testing of the
systolic blood pressure test,claiming high accuracy rates in criminal cases.
• Coining the term "lie detector": Marston is credited with either coining or adopting the
term "lie detector" to describe his device.
• Expert testimony in the Frye case: Marston's testimony in the 1923 Frye case was a
landmark moment in the history of lie detection. While his evidence was ultimately
excluded, the case helped to raise awareness of the potential applications of lie detection
technology.
Despite the challenges faced by Marston in the Frye case, his work laid the foundation for
future developments in lie detection. The polygraph, which is based on Marston's early research,
is still used in many jurisdictions today,although its reliability and admissibility in court remain a
subject of debate.

Early Research In Forensic Psychology


Notes
• Leipzig, Germany: Birthplace of forensic psychology
• Wilhelm Wundt: Founded the world's first psychological laboratory in 1879
• Experimental psychology: Focus on measuring and manipulating sensory and behavioral
phenomena
• Influence on students: Inspired students to apply psychology to everyday life, including
legal matters

Forensic Psychology in Court

Expert Witnesses and Legal Influence


• Albert von Schrenck-Notzing: Testified in 1896 about the effects of suggestibility on
witness testimony.
• Hugo Munsterberg: Advocated for the use of psychology in legal matters through his book
"On The Witness Stand."
• Experimental Work: Munsterberg introduced hypnosis into the courtroom and conducted
experimental work on evidence.
American Contributions
• Munsterberg and Harvard: Set up a psychological laboratory at Harvard and attempted to
introduce applied psychology into American courtrooms.
• Judd and Yale: Established a laboratory at Yale and contributed to Forensic Psychology
through refined experimental techniques and instruments.
Landmark Cases
• Karl Marbe: Testified in a civil trial to prove that a train engine driver could not have
stopped in time to avoid an accident, demonstrating the phenomenon of reaction time.
Early Challenges and Acceptance
• Expert Witness Testimony: The first published case involving a psychologist as an expert
witness occurred in 1921, but the testimony was rejected.
• Growing Acceptance: Psychologists began to testify regularly in American courts in the
1940s and 1950s.
• Mental Disorder and Competency: Psychologists were not admitted as expert witnesses
on mental disorder until 1962 and on issues of competency until two decades later.
Intelligence Testing and Standardization
• Stanford-Binet Test: An American version of the Binet-Simon test, widely used until the
introduction of the WISC.
• Army Alpha and Beta Tests: Group intelligence tests developed during World War I, which
contributed to the standardization and validation of psychological tests.
• Impact on Applied Psychology: The Army Tests helped to popularize psychological testing
and led to the development of new group tests.
William Marston and the Polygraph
• Pioneer of Forensic Psychology: William Marston, a student of Munsterberg, was a key
figure in the development of Forensic Psychology.
• Polygraph Detection: Marston's research on the physiological effects of deception led to
the development of the modern polygraph detector.
The Frye Standard
• Frye vs. United States: A landmark case that established the precedent for the use of expert
witness testimony in courts.
• General Acceptance: The Frye standard requires that a procedure, technique, or assessment
be generally accepted within its field in order to be used as evidence.

POST WORLD WAR II GROWTH IN USA


Significant growth in American Forensic Psychology did not happen until World War II.
Psychologists served as expert witnesses, but only in trials that were not perceived as infringing on
medical specialists, who were seen as more credible witnesses. In the 1940 case of the People vs.
Hawthorne, the courts ruled that the standard for expert witness was in the extent of knowledge of a
subject, not in whether or not the witness had a medical degree.
In the landmark 1954 case of Brown vs. Board of Education, several psychologists testified for
both the plaintiffs and the defendants. Later, the courts gave support to psychologists serving as
mental illness experts in the case of Jenkins vs. United States (1962).

Key Milestones in Forensic Psychology


1893: J. McKeen Cattell conducts the first psychological experiment on the psychology of
testimony.

1903: Louis William Stern establishes a periodical on the psychology of testimony.

1906: George Frederick Arnold publishes "Psychology Applied to Legal Evidence."

1908: Hugo Münsterberg publishes "On the Witness Stand," considered one of the first professional
books on forensic psychology.

1908: Social science brief submitted to the Oregon Supreme Court in Muller v. Oregon.

1909: Clinic for juvenile offenders established by Grace M. Fernald and William Healy.

1911: J. Varendonck testifies as a psychologist in a criminal trial.

1913: Psychological services offered in a U.S. correctional facility.

1917: William Marston develops the first polygraph.

1917: Louis Terman uses psychological tests for law enforcement screening.

1918: New Jersey establishes inmate classification system and hires full-time correctional
psychologists.

1921: First American psychologist testifies as an expert witness.

1922: Karl Marbe testifies as a psychologist in a civil trial.

1922: William Marston becomes a professor of legal psychology.

1924: Wisconsin provides comprehensive psychological examinations for prisoners and parole
applicants.

1929: Donald Slesinger becomes a faculty member at Yale Law School.

1931: Howard Burtt publishes "Legal Psychology."

1954: U.S. Supreme Court cites social science research in Brown v. Board of Education.

1961: Hans Toch edits "Legal and Criminal Psychology."

1962: Psychologists recognized as experts on mental illness in Jenkins v. United States.

1964: Hans J. Eysenck formulates a theory on criminal behavior.

1968: Martin Reiser becomes the first prominent police psychologist.

1968: First PsyD program established.

1972: Correctional psychology recognized as a professional career.

1973: Interdisciplinary psychology and law program developed.


1977: "Law and Human Behavior" journal begins publication.

1978: American Board of Forensic Psychology provides board certification.

1978: APA approves a clinical internship in corrections.

1985: ABPP recognizes forensic psychology as a specialty.

1991: Specialty Guidelines for Forensic Psychologists published.

2001: APA recognizes forensic psychology as a specialty.

2006: Broader definition of forensic psychology recommended.

2008: APA recertifies forensic psychology as a specialty.

2013: Specialty Guidelines for Forensic Psychology published.

2013: Police and Public Safety Psychology recognized as a specialty.

Defining Forensic Psychology


Definition: There is no single, universally accepted definition of forensic psychology. The field can
be broadly defined as the application of psychological knowledge to the legal system, or more
narrowly as the clinical practice of psychology within the legal system.

the Specialty Guidelines for Forensic Psychology (American Psychological Association [APA],
2013c) promoted a broad definition, which is one we endorse and illustrate throughout this text:
Forensic psychology refers to professional practice by any psychologist working within any
sub-discipline of psychology (e.g., clinical, developmental, social, cognitive) when applying the
scientific, technical, or specialized knowledge of psychology to the law to assist in addressing
legal, contractual, and administrative matters. (p. 7)

Subspecialties: The text divides forensic psychology into five subspecialties: police and public
safety psychology, legal psychology, psychology of crime and delinquency, victimology and victim
services, and correctional psychology.

Interconnectedness: While the subspecialties are distinct, they are also interconnected, and
psychologists working in one area may consult with or train practitioners in others.
Forensic Entomology
Keys Aspects:
1. Time Since Death (Postmortem Interval): Forensic entomology is primarily utilized to
determine the elapsed time since death. Insects, especially their developmental stages, can
provide valuable information about when a person dies.
2. Movement, Disturbance, Position of Wound Sites:Insects can help indicate movement,
disturbance, and even the position of wound sites on a body. Their presence and activity can be
analyzed to reconstruct events surrounding the death.
3. Drug Identification: Forensic entomologists may assist in the identification of drugs present in
or around the body. Insects can act as indicators of drug exposure or contamination.
4. Length of Time of Neglect: By studying the presence and life stages of insects on a neglected
body, forensic entomologists can estimate the length of time the body has been left unattended,
providing insights into the circumstances surrounding the death.

★ Role of Insects:

In forensic entomology, insects play a crucial role in providing valuable information to


investigators regarding the postmortem interval, movement, disturbance, and other aspects related
to a deceased body.
1. First Witnesses to a Crime:
- Insects are often among the first organisms to arrive at a crime scene, and their presence
can provide crucial information to investigators. Their activity and behaviour can be studied
to reconstruct events, including the timing and circumstances of a crime.
2. Rapid Arrival After Death:
- In the field of forensic entomology, it's well-documented that insects, attracted by the
chemical changes associated with death, can arrive within minutes or seconds after the
occurrence. The rapid colonization of a body by insects is a key factor in estimating the
postmortem interval.
3. Postmortem Interval (PMI) Estimation:
- Insects colonize a body in a predictable sequence. By studying the succession of insect
species and their developmental stages, forensic entomologists can estimate the time since
death (postmortem interval) (Catts & Haskell, 1990).
4. Movement and Disturbance Indicators:
- The presence, distribution, and activity of insects on and around a body can indicate
movement or disturbance, providing insights into events following death (Goff, 1991).
5. Wound Site Examination:
- Insects may be attracted to wounds or lesions on a body. Forensic entomology can aid in
reconstructing the position and characteristics of wound sites by studying insect activity
(Byrd & Castner, 2010).
6. Drug Identification:
- Insects can be used to detect and identify drugs present in or around a body. They may act
as bioindicators of drug exposure or contamination (Campobasso et al., 2001).
7. Circumstances of Neglect:
- By analyzing the presence and developmental stages of insects on a neglected body,
forensic entomologists can estimate the length of time the body has been unattended,
providing information on the circumstances surrounding the death (Byrd & Castner, 2010).

★ Methods of Identification:

The two methods mentioned for the identification of elapsed time since death (postmortem
interval) in forensic entomology are
1. Dipteran Larval Development:
● Key Insects: Dipteran larvae, particularly Calliphoridae or blow flies.
● Process: Blow flies lay eggs on wounds, natural orifices, or exposed body parts. The eggs
undergo a developmental cycle influenced by factors such as temperature and the
availability of food. The larvae develop through several instars.
● Temperature Dependency: The development of dipteran larvae is temperature-dependent
since these insects are cold-blooded. The rate of development decreases linearly with
decreasing temperature and vice versa.
● Analysis: Analyzing the oldest stage of the insect found on the body and considering the
temperature of the region allows forensic entomologists to estimate the range of days in
which the first insects laid eggs. The accuracy of this method is generally within a day.
2. Insect Succession Method:
● Process: This method involves studying the succession of insect species on a
decomposing body over a period ranging from a few weeks to a year, depending on
geographic location.
● Decomposition Stages: As a body decomposes from a fresh state to dry bones, various
biological, physical, and chemical changes occur. Different groups of insects are attracted to
the body at each stage of decomposition.
● Insect Preferences: For example, blow flies are attracted to fresh bodies, while other
insects may prefer bodies in different states of decay. Some insects may feed on other
insects.
● Geographic Variation: The succession of insects can vary based on geographic factors,
climate, and local environmental conditions. Analyzing the types of insects present at
different stages can provide insights into the time elapsed since death.
Both methods, when applied together or independently, offer valuable information for
forensic entomologists to estimate the postmortem interval and contribute to the overall
timeline reconstruction in forensic investigations.

Forensic Psychology v/s Forensic Psychiatry


• Medical Degree: Psychiatrists are medical doctors (MDs or DOs) with specialized training
in mental health, while psychologists do not hold medical degrees.
• Prescribing Medication: Traditionally, only psychiatrists could prescribe medication.
However, some states in the United States now allow properly trained psychologists to
prescribe psychoactive drugs.
• Areas of Expertise: Both psychiatrists and psychologists can work in forensic settings, but
psychiatrists may be more preferred for certain tasks, such as insanity determinations, due to
their medical background.
• Collaboration: Despite their differences, psychologists and psychiatrists often work
together in forensic settings,particularly in areas like pretrial assessments and juvenile
justice.

Forensic Social Work:


• Focus on Social Issues: Forensic social workers apply social work principles to legal
issues, focusing on areas like victim counseling, substance abuse treatment, and family
therapy.
• Education and Training: Forensic social workers typically possess a master's degree in
social work (MSW) with a forensic concentration.
• Legal Involvement: While they may not be recognized as experts in criminal cases,
forensic social workers can testify in civil cases.
Collaboration among Professionals:
• Interdisciplinary Approach: Successful forensic work often requires collaboration among
psychologists,psychiatrists, and social workers.
• Shared Goals: Despite their differences, these professionals share a common goal of
applying their expertise to legal matters.

Roles and Responsibilities of Forensic Psychologist


Evaluation and Assessment:
• Neuropsychological Assessment: Forensic psychologists may conduct neuropsychological
evaluations to assess brain functioning and determine if there is any damage that could
affect judgment or impulse control.
• Psychopathy Assessment: Psychologists may also assess individuals for psychopathy, a
personality disorder characterized by impulsivity, lack of remorse, lying, manipulation, and
disregard for social norms.
• Assessment Instruments: Various instruments, such as the Hare Psychopathy Checklist-
Revised (PCL-R), have been developed to assess psychopathy.
Ethical Considerations:
• Limits of Expertise: Forensic psychologists must be mindful of the limits of their expertise
and avoid overstepping their boundaries.
• Ethical Responsibilities: Psychologists have ethical obligations to adhere to professional
standards and guidelines when working in legal settings.
Five Basic Roles of Forensic Psychologists:
• Researcher: Forensic psychologists conduct research to advance the field and inform legal
practices.
• Law Enforcement Consultant: They may consult with law enforcement agencies on
various issues, such as criminal profiling or hostage negotiation.
• Trial Consultant: Trial consultants help attorneys prepare for legal proceedings by
providing insights into jury behavior and other relevant factors.
• Evaluator/Expert Witness: Psychologists may conduct evaluations and testify as expert
witnesses in legal cases.
• Consultant on Amicus Briefs: They may provide expert opinions on legal issues through
amicus briefs submitted to appellate courts.

SPECIFIC ROLES: RESEARCHER


Shared Scientific Method: Forensic psychology research follows the same scientific method used
in other areas of psychology, involving hypothesis generation, testing, analysis, and publication
through peer review.
Ethical Considerations: There are unique ethical challenges in forensic psychology research, such
as creating realistic but ethical scenarios for eyewitness studies or ensuring anonymity in jury
research on real cases.
Ethical Guidelines: Researchers in forensic psychology must adhere to ethical codes established by
the American Psychological Association (APA) and the Specialty Guidelines for Forensic
Psychologists.

SPECIFIC ROLES: CONSULTANT TO LAW ENFORCEMENT


• Client Confidentiality: When a law enforcement officer seeks psychological treatment or
counseling, there may be questions about who is the client for purposes of confidentiality
(the officer or the department).
• Ethical Issues in Personnel Selection: Ethical issues can arise when forensic psychologists
are involved in personnel selection, promotion, and training for law enforcement agencies.

SPECIFIC ROLES: THE TRIAL CONSULTANT


Role of Trial Consultants:
• Assist Attorneys: Trial consultants work with attorneys to prepare for and conduct trials by
providing insights into jury behavior, pretrial publicity, witness preparation, and jury
selection.
• Diverse Backgrounds: Trial consultants may have various educational backgrounds, from
doctoral degrees to bachelor's degrees.
• Lack of Regulation: Currently, there is no licensing or certification requirement for trial
consultants in the United States.
Activities of Trial Consultants:
• Identifying Key Issues: Trial consultants help attorneys identify the major issues in a case.
• Assessing Pretrial Publicity: They evaluate the impact of pretrial publicity on potential
jurors.
• Preparing Witnesses: Trial consultants assist witnesses in preparing for their testimony.
• Advising on Jury Selection: They provide guidance on selecting jurors who are likely to be
favorable to the client's case.
Ethical Considerations:
• Client Confidentiality: Trial consultants must maintain confidentiality of information
obtained from clients and witnesses.
• Avoiding Conflicts of Interest: Consultants should avoid conflicts of interest between their
role as scientists and their role as entrepreneurs.
• Adhering to Ethical Guidelines: Trial consultants must adhere to ethical guidelines
established by professional organizations, such as the American Society of Trial
Consultants.
Challenges and Controversies:
• Proprietary Nature of Work: Some trial consultants view their work as proprietary and
may not share their data or methods for scientific review.
• Confidentiality Issues: Maintaining confidentiality of information obtained from survey
respondents can be challenging, especially when faced with legal requests for disclosure.

SPECIFIC ROLES: FORENSIC EVALUATOR AND EXPERT WITNESS


Forensic Evaluator:
• Evaluators must maintain impartiality and avoid skewing their results based on the referral
source's expectations.
• They should inform the parties involved that the evaluation is not therapy and
confidentiality may be limited in legal cases.
• Dual relationships (e.g., evaluating someone you've already treated) pose ethical conflicts
and should be avoided.
Expert Witness:
• Expert witnesses provide opinions based on their knowledge in a specific field, unlike fact
witnesses who testify about what they observed.
• Judges determine the admissibility of expert testimony based on its relevance and reliability.
• There are different approaches an expert witness can take:
◦ Conduit-educator: Focuses on sharing accurate knowledge from their field.
◦ Philosopher-ruler/Advocate: May downplay opposing evidence or emphasize their
side.
◦ Hired Gun: Primarily serves the interests of the party who hired them, potentially
compromising objectivity.
• Ethical guidelines emphasize honesty, accuracy, and avoiding misleading statements.
Daubert Case:
• This Supreme Court case established criteria for admitting expert testimony in federal
courts.
• The court replaced the Frye test (which emphasized general acceptance within a scientific
field) with a focus on the evidence's relevance and reliability.
• This decision sparked debate about judges' ability to assess scientific validity and potential
consequences for "junk science" in court.

SPECIFIC ROLES: PRESENTATION OF PSYCHOLOGY TO APPELLATE COURTS AND


LEGISLATURES
Amicus Curiae Briefs:
• Forensic psychologists can submit amicus briefs to appellate courts to provide expert
opinions on legal issues.
• These briefs can be used to present scientific research findings and influence court
decisions.
• Examples include the briefs submitted in the Kumho Tire case and the Brown v. Board of
Education case.
Legislative Testimony:
• Forensic psychologists can also testify before legislative committees to provide input on
proposed laws and policies.
• This can help to ensure that laws are informed by scientific evidence and best practices.
Ethical Considerations:
• When preparing amicus briefs or testifying, forensic psychologists must maintain objectivity
and avoid overstepping the boundaries of their expertise.
• They should strive to present a clear and accurate picture of the research findings and avoid
making unsupported or exaggerated claims.
• It is important to consider the potential impact of their testimony on legal decisions and the
broader societal implications.

THE TEMPTATIONS OF FORENSIC PSYCHOLOGY


Promising Too Much:
• Forensic psychologists might overestimate their ability to predict outcomes in court cases.
• They might exaggerate the accuracy of psychological tests used in evaluations.
Advocacy Over Objectivity:
• When acting as expert witnesses, some psychologists might become biased towards the side
that hired them.
• This can lead to "slanted" testimony that prioritizes advocacy over scientific objectivity.
• Lawyers might "shop around" for psychologists who will support their arguments.
Values vs. Evidence:
• Personal values might influence a psychologist's interpretation of data in legal settings.
• This can happen when making recommendations on child custody or sexual abuse cases.
Cursory Evaluations:
• The pressure to complete evaluations quickly can lead to rushed and incomplete work.
• This can have serious consequences, especially in capital punishment cases where
competency evaluations are crucial.

Objectivity is paramount: Expert witnesses should present all data, regardless of who hired them.
Scientific evidence matters: Psychological conclusions must be based on reliable and valid
research.
Beware of personal biases: Values shouldn't influence professional judgments.
Thoroughness is essential: Evaluations should be comprehensive and meticulously conducted.

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