Wednesday, 3 September 2014

How A Forensic Psychological Evaluation Helps Determine Court Outcomes

By Harriet Porter


Some long-lived TV crime-solving dramas feature crucial personality analysis based on surprisingly short interviews with suspects, who often manage to reveal their secrets without actually saying anything incriminating. While an interview in real life rarely produce such cut-and-dried results, the reports and information gleaned from a forensic psychological evaluation are important to justice system operations.

The continued expansion of this field shows few signs of tapering off, and it has been an officially recognized specialty practice for over a decade. Even though not considered to be a specific or separate therapy category, court-requested evaluations encompass most sub-categories of psychological study, especially those that rely upon pertinent scientific and technical knowledge, and those requiring the services of an expert witness.

The reports are needed in a wide variety of legal situations. When mental competency forms the basis of a prosecution or defense, psychologists are asked to determine if there is a genuine therapeutic or medical basis for that claim. In cases where fair sentencing must include acknowledgement and treatment of mental illness, they are frequently required to present an opinion. Expert analysis may also be used to predict recidivism.

The work of a psychologist is not restricted to either prosecution or defense. Their role as expert witness can be useful to either group, or may be pertinent in civil cases such as those involving custody of children. Any time there are questions of motivation related to behavioral issues, a report may be requested. In some cases, these contributions are compiled by doctors already working within some aspect of the legal system.

While scripted dramas sometimes portray presenters of court psychological reports in an unflattering light, the credentials of real-life experts who create them are generally unassailable. All have completed the basic educational requirements, but many have chosen to pursue a greater interest in academic research related to psychology and the law. Others may work as law enforcement consultants, become a corrections treatment provider, or counsel young offenders.

The type and style of therapy most people expect from their own doctor is distinctly different from the evaluative work related to the legal system. Even though these individuals provide opinions based on their own work, the traditional patient-doctor relationship is practically non-existent. When traditional therapy practices become a part of conditional sentencing, they are not considered to be forensic, but simply a good way to treat mental illness.

In marked contrast to traditional therapeutic practices, there is little expressed personal empathy during a forensic discussion. The conclusions that may be reached are predicated on specific factual material in combination with current psychological standards and related personal experiences. In many instances a psychologist may have to work with a hostile subject, and the evaluation cannot be emotionally influenced.

Although that may seem heartless, the result is a more functional legal system that makes consistently better decisions regarding the lives of defendants or civil litigants. Most child-custody cases are fraught with contentious emotion, making it necessary for a trained psychologist to properly evaluate underlying sincerity or intent. No matter which side wins, the evaluations guiding a final decision can seriously impact all parties involved for years.




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