Forensic Psychology

1. Forensic Psychology Dr. Bruce Monkhouse November 20th 2012

2. Introduction • A subspecialty that focuses on the application of psychological methods & concepts to the legal system • Major Activities of Forensic Psychologists include: • Community protection functions (in predicting violence and ‘dangerousness’) • Assisting with rehabilitation of offenders • Educational Function (as expert witnesses) • Consultative Roles (in civil and criminal cases) • Advocacy Roles (rights of patients)

3. What does it take to be a Forensic Psychologist? • The traditional approach: • Graduate Degree in clinical psychology with additional training in forensic science. • New approach: • Some universities now offer Graduate degrees in Forensic psychology. • These programs have a broad background in basic clinical skills & specialized training in areas of law & criminal behaviour. • My background – PHD in Counseling Psychology and then went on to develop an expertise in the area through conference, training and experience Reality – a graduate in Psychology and an interest and willingness to participate in additional and ongoing profession development in the field…(basically true for all Psychological specialities)

4. Some Professional Issues in FP • Training: • Psychology trainees who are interested in becoming FPs should become familiar with • Legal tests, standards & concepts; • Courtroom etiquette and demeanour; • Knowledge of relevant forensic literature and case law. • Ethics and Professional Standards: • Impartiality and objectivity; • Differences in clinical/therapeutic and forensic roles.

5. Major Activities of Forensic Psychologists LOTS OF THEM

6. CURRENT EMPLOYERS • Chief of Psychology - William Head Institution • Psychological Consultant – Forensic Psychiatric Services Commission and Victoria City Police, Developmentally Delayed Mental Health Team • Primary responsibility • Psychological assessment • These involve assessing the client/inmates/suspects current level of risk to re-offend, i.e. danger to the community. • The risk assessment process looks very much like a clinical psychological assessment with the addition of instruments specifically designed to assess recidivism rates and to identify specific criminogenic factors.

7. Actuarial verses Non Actuarial Instruments • Two different theoretical models and instruments to assess risk, recidivism and level of psychopathology • Actuarial – “calculate a score” • Robert Hare’s Psychopathy Checklist Revised - a 20 item instrument that you score 0, 1 or 2 for each item. • A score over 30 indicates that the individual meets Hare’s definition of a Psychopath. • Canada generally and UBC/SFU specifically world leaders in designing instruments to measure recidivism and risk • Dr. Stephen Hart, Dr. Karl Hanson, Dr. Andrew Harris

8. PRACTICE ISSUES • When I am working for CSC, FPSC, DDMHT and the Police , the person sitting across from me who I am assessing and or treating is not very often “the client” • The client in effect is the Public and the Courts • Major issue with respect to becoming a Forensic Psychologist • With the Correctional Service of Canada, my work in large measure is set out by the Corrections and Conditional Release Act (CCRA) • One of the provisions of the act is that I DO NOT need the consent of the client/inmate/parolee to conduct an assessment on him or her if I believe that • “it is in the best interests of society to assess current level of risk , suitability for conditional release etc..

9. Qualitative instruments • The test is not scored, but is used to structure clinical judgement on the basis of pre-defined risk variables common to all violent offenders. • Historical, Clinical and Risk 20 (HCR-20) • The HCR-20 combines information from an offender’s history, including for example, relationship and employment problems, current clinical issues, including, degree of insight, symptoms of mental illness, and risk management items, including how realistic these plans are, personal support and compliance with remediation..

10. RISK ASSESSMENT • Assessment report should include valid and reliable empirical and qualitative instruments • Clinical Judgment • However at the end of the day you are being paid to make a clinical judgment.

11. TREATMENT • Two major groups are sexual and violent offenders • Public/Politicians concerned about the risk these individuals present to the Public • CSC and FPSC - utilize CBT as the primary group and individual treatment approach. • FPSC – Provincial sexual offenders - Contract the delivery of sexual offender treatment throughout the province. • 15 week program – 3 hours of group work per week in addition one on one Psychological treatment is provided as well as access to Psychiatric services.

12. Expert Witness • Expert Witness: • An individual who, based on specialized education, training and experience, is invited to help the court understand and evaluate evidence, and offer opinions and inferences on an issue. • Basis of Clinical Psychological Expertise Includes: • Education, training, subsequent learning; • Relevant experience, including positions held; • Research and publications; • Knowledge & application of scientific principles; • Use of special tests and measurements.

13. Expert Witness-2 • How does the Expert Witness differ from the Percipient (aka ‘fact’ witness)? • A fact witness is a person with knowledge about what happened in a particular case, who testifies in the case about what happened or what the facts are. • Fact witness testimony consists of the recitation of facts and/or events as opposed to an expert witness, whose testimony consists of the presentation of an opinion, a diagnosis, etc.

14. Criminal Cases-1 • Competency (Fitness) to Stand Trial: • In Canada NCRMD – Not criminally responsible due to Mental Disorder • To be deemed competent, it must be shown that the defendant • appreciates the nature of the charges; • has a basic understanding of the court proceedings; • is capable of cooperating with his/her attorney ; • understands the potential consequences of a finding of guilt

15. Criminal Cases-2 • Criminal Responsibility: • Unlike competency to stand trial, this refers to the time of commission of the offence. Issues of interest • Did the defendant know that his/her actions were both morally and legally wrong? • Was the person sane or rationale at the time of the offence (was the person suffering from a disease of the mind at the time of the unlawful act)? • So the two question test: did the defendant have a mental disease? And if so, was the disease the reason for the unlawful act?

16. CIVIL CASES • Unlike criminal cases, where the legal issues tend to be moral wrongness, in civil cases, the issues tend to be correction of harm (tort- remedy). • Family Law (divorce, parental fitness, child custody): • The doctrine of “best interests of the child” always takes precedence • Personal Injury Law: • Issues of negligence, correcting harm to restore ‘wholeness’ (e.g., when you sue someone for causing you injury after a fender-bender)

17. FORENSIC PSYCHOLOGY • SUMMARY • “Growth industry”- increasing demand for Psychologists who are able and trained to work in the legal system • Wide range of clientele • Ethical demands on the Psychologist – when the client is not the client • Having to deal at times with a very clinically complex and deviant client population • FUN PART • Very interesting and rewarding when you see change in the individual and risk to re-offend is dramatically reduced • When you can make a real difference in protecting the public.