Forensic Psychology

1. Forensic Psychology James Davidson Ph.D.

2. What is Forensic Psychology? • The intersection of law and psychology • Addresses psycho-legal issues • Requires expertise beyond clinical or academic experience • Is a relatively new field • Focuses on functional behavior rather than treatment or diagnosis

3. The Psycho-Legal Intersection • Criminal litigation • Civil litigation • Attorney Consultation • Review of psychological reports, treatment, and evaluations • Research of psycho-legal issues

4. Clinical vs. Forensic Psychology10 Essential Differences • Who is the client • Relational privilege • Evaluative attitude • Areas of competency • Hypotheses tested

5. Clinical vs. Forensic Psychology10 Essential Differences • Data scrutiny • Structure • Adversarial nature • Goal • Negative impact

6. Clinical vs. Forensic PsychologyEthical Boundaries • Limits on the scope of testimony for a clinical (fact) witness • Limits on the scope of testimony for a forensic (expert) witness • Forensic experts do not testify “for people” but rather “about people”

7. The Role of Forensic Psychology • “In forensic testimony and reports, psychologists testify truthfully, honestly, and candidly and, consistent with applicable legal procedures, describe fairly the basis for their testimony and conclusions.” • Forensic Psychologists do not “…participate in partisan attempts to avoid the presentation of evidence contrary to their own position.” (Ethical Principles of Psychologists and Code of Conduct – APA, 2002)

8. The Role of Forensic Psychology • Forensic psychologists realize that their public role as “expert to the court” or as “expert representing the profession” confers upon them a special responsibility for fairness and accuracy (Speciality Guidelines for Forensic Psychologists, APA 1991)

10. The 5 Types of Forensic Exams • Individual rights and liberties, e.g. is a person competent to write a will. • Juvenile and family matters, e.g. child custody. • Psychological injuries and damage • Criminal competence, e.g. competence to stand trial • Criminal responsibility, e.g. mental state at time of the offense, mitigation

11. Forensic Examination Essentials • Clarity of the referral question • Informed consent of the attorney unless Court ordered • Informed consent of the parties unless Court ordered • Multiple methods of gathering data • Focused reporting meeting minimal standards of quality • Results tied to the appropriate statute(s)

12. Forensic Report Elements Forensic examinations should be based on multiple methods of data collection • Direct interview • Testing • Observation • Collateral contacts • Record review

13. Forensic Examination Reliability • Reports must contain reliable data capable of meeting a Daubert standard • Examples that may not be reliable • Abel Sexual Offender evaluations • Rorschach as typically used • Inappropriate testing

14. Implications for Criminal Litigation • Miranda Waiver • Competence to Stand Trial (CST) • Mental State at Time of Offense (MSO) • Child and Elder Abuse • Risk Assessment, including domestic violence and sexually violent predators • Mitigation, including capital cases

16. Implications for Civil Litigation • Substituted Judgment: Guardianship and Testamentary Capacity • Child Custody • Child Protective Custody including Termination of Parental Rights • Tort Damages • Workplace Discrimination • Immigration Deportation Hardship

18. A Common Problem When… • Forensic psychologists don’t educate the Court or attorneys concerning their neutral role as assisting the Trier of fact

19. A Common Problem When… • Forensic psychologists don’t communicate their findings clearly to the attorneys and Court.

20. A Common Problem When… • Forensic psychologist fails to impartially and accurately assist the Trier of Fact

22. A Common Problem When… • Forensic psychologists release interim reports

23. A Common Problem When… • The Court provides examination orders that cross ethical boundaries, e.g.mixed roles or using health insurance

24. A Common Problem When… • Attorneys provide vague referral questions

25. A Common Problem When… • Attorneys provide limited cooperation in obtaining case and collateral data

26. A Common Problem When… • Attorneys approach the case with an assumed outcome for the forensic psychologist

28. Becoming a Forensic Psychologist • No formal graduate programs • CE the customary formal training • Post-Doc training and apprenticeship

29. Forensic Psychology Certification • American Board of Forensic Psychologists (ABFP) is the only APA approved certification • There are several vanity boards, e.g. American College of Forensic Examiners • Certification is not as important as the quality of the work product

31. Standards & Guidelines • Ohio State Board of Psychology: laws, rules and related statutes • APA Ethics and Code of Conduct (2002) • Association of State and Provincial Psychology Boards Code of Conduct • APA Specialty Guidelines for Forensic Psychology

32. Standards & Guidelines • APA Guidelines for Psychological Evaluations in Child Protection Matters • APA Guidelines for the Evaluation of Dementia and Age-Related Cognitive Decline • AFCC Model Standards of Practice for Child Custody Evaluations • APA Guidelines for Child Custody Evaluations in Divorce Proceedings

34. The Psycho-Legal Intersection • Criminal litigation • Civil litigation • Review of psychological reports, treatment, and evaluations • Research of psycho-legal issues

35. The Psycho-Legal Intersection • Jury Selection • Witness Preparation • Case Preparation when other forensic psychologist report(s) are involved

36. Contact Information • James Davidson Ph.D. • Forensic and Clinical Psychologist • Web: www.jamesdavidson.net • Civil and Criminal Litigation Exams • Juvenile and Adult 4212 State Route 306 Ste-306 Willoughby, OH 44094 440.942.0100 (w) or 216.402.5064 (c)