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The key takeaways are that the document discusses topics related to forensic psychology including probation and parole, violence risk assessment, forensic report writing, polygraph testing, and serving as an expert witness.

The main topics covered in the document include probation and parole, violence risk assessment, forensic report writing, polygraph testing, and serving as an expert witness.

Probation is a period of supervision over an offender ordered by the court instead of imprisonment. General conditions of probation may include living where directed, participating in rehabilitation programs, submitting to drug and alcohol tests and maintaining employment.

Forensic Psychology

16251511-011
ISMA SHABBIR
FORENSIC PSYCHOLOGY
B.S PSYCHOLOGY
8TH SEMESTER
PROBATION AND PAROLE, VIOLENCE RISK ASSESMENT,
FORENSIC REPORT WRITING, POLYGRAPH TESTNG AND
SERVING AS EXPERT WITNESS

DATE: 9TH APRIL 2020

SUBMITTED TO: MAM FATIMA

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Forensic Psychology

Table of Content
Probation and Parole-------------------------------------------------------------------------O3

Violence Risk Assessment-------------------------------------------------------------------12

Forensic report writing-----------------------------------------------------------------------18

Polygraph testing------------------------------------------------------------------------------23

Serving as Expert Witness-------------------------------------------------------------------32

References-------------------------------------------------------------------------------------35

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Forensic Psychology

Probation and Parole


Probation:
“Probation in criminal law is a period of supervision over an offender, ordered by the court
instead of serving time in prison.”
“Probation refers to a period of time before a person is actually sent to prison or jail. When
defendants receive probation, instead of pronouncing the sentence and sending them straight to
prison or jail, the judge gives them an opportunity to show that they want to rehabilitate
themselves. In this case, either the party is given probation without a pre-determined sentence, or
the judge will find the defendant guilty, and temporarily suspend the sentence while the
defendant is on probation. If defendants do everything the judge instructs them to do, then they
will not be sent to prison to finish their sentence or given a new sentence based on the probation
violation and initial crime.”
A judge may grant probation as an alternative to imposing a jail sentence. Probation is ordered
when the circumstances and seriousness of the crime suggest that the probationer is not a threat to
society and that incarceration is not an appropriate punishment. The probationer may freely live in
the community, but must abide by certain conditions of probation for a period of time specified by
the court and and report regularly to an appointed probation officer. General conditions of
probation may include living where directed, participating in rehabilitation programs, submitting
to drug and alcohol tests and maintaining employment. Probationers may be required to show
proof to the court that they have complied with all conditions of probation. If a probationer fails
to comply with all required conditions, the court may revoke probation and require the probationer
to serve a jail sentence.
• Probation can be defined as the release of the offender, from police custody, subject to the
good behavior of the convicted offender under specific conditions. It is considered as the
supervision period, in which the offender has to follow certain rules prescribed by the court,
under the supervision of the probation officer.
• A person is granted probation when he is found guilty for commission of an offence, in
which the accused is not sent to jail rather he is allowed to stay in the community, provided
that he adopts ethical conduct and not commit any crime in future, or else he will be sent
to jail.
• The condition of probation differs regarding the accused and the criminal offence, which
encompasses community service, fines, reporting to a probationary officer, restriction on
consumption of drugs and alcohol, counselling, jail time and so forth.
• The “father” of probation was John Augustus, a Boston shoemaker. In the 1840s, Augustus
stood bail for select offenders and promised to monitor their activities and report to the
judge. His actions led to the first formal probation law in 1878.

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Forensic Psychology

Types of Probation
1. Intensive probation, home detention, GPS monitoring, Computer Management:
These are highly intrusive forms of probation in which the offender is very closely monitored. It
is common for violent criminals, higher-ranking gang members, habitual offenders, and sex
offenders to be supervised at this level. Some jurisdictions require offenders under such
supervision to waive their constitutional rights under the Fourth Amendment regarding search and
seizure, and such probationers may be subject to unannounced home or workplace visits,
surveillance, and the use of electronic monitoring or satellite tracking. Under terms of this kind of
probation, a client may not change their living address and must stay at the address that is known
to probation. GPS monitoring and home detention are common in juvenile cases, even if the
underlying delinquency is minor.[10] Some types of supervision may entail installing some form
of monitoring software or conducting computer searches to ascertain what an offender is doing
online. Cybercrime specialist in corrections, Art Bowker, noted “This is an area more and more
community corrections officers are going to have to get up to speed on, learning how to enforce
conditions that restrict and/or monitor cyber offenders' computer and internet use.” Bowker, also
observed "The use of social media is taking off in the field of community corrections".
2. Standard Supervision:
Offenders under standard supervision are generally required to report to an officer, most
commonly between biweekly and quarterly, and are subject to any other conditions as may have
been ordered, such as alcohol/drug treatment, community service, and so on.
3. Unsupervised probation:
It does not involve direct supervision by an officer or probation department. The probationer is
expected to complete any conditions of the order with no involvement of a probation officer, and
perhaps within a period shorter than that of the sentence itself. For example, given one year of
unsupervised probation, a probationer might be required to have completed community service
and paid court costs or fines within the first six months. For the remaining six months, he or she
may be required merely to refrain from unlawful behavior. Probationers are allowed to go to their
workplaces, educational institutions, or places of worship. Such probationers may be asked to meet
with an officer at the onset or near the end of the probationary period, or not at all. If terms are not
completed, an officer may file a petition to revoke probation.
4. Informal supervision:
It is supervised or unsupervised probation without having been convicted of the offense. As with
other forms of probation, search clauses or drug testing may be included. At the end of the informal
period, the case is dismissed. This is usually offered as part of a plea bargain or pre-trial diversion,
and may require the supervisee to waive Fourth Amendment rights for the duration. Informal
probation can also require the supervisee to enter a plea of "Guilty", pending the completion of the
terms set forth in the agreement, at which time the charge is typically dismissed.

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5. Shock probation:
It is a program that gives a sentencing judge the power to reconsider an original jail sentence. The
judge may recall the inmate from jail and put him or her on probation within the community
instead. The courts have a theory that a short term in jail may “shock” a criminal into changing
their behavior. Shock probation can be used only between a specific period of 30–120 days after
the original sentence, and is not available in all states

Conditions of probation
These punishments may include having probation revoked and receiving the full sentence that he
or she would have received if he or she was not given probation. For example, if a judge sentenced
a person to one year in jail and two years on probation, the defendant may be required to serve two
additional years in jail. If the judge suspended a sentence of three years’ imprisonment and a
person’s probation is revoked, he or she may be required to serve the three-year term. The specific
conditions of probation vary from case to case. However, many states have standard conditions
that they apply to nearly every offender. There may also be additional conditions that are imposed
by the court based on the specifics of the crime or after the defendant has been professionally
assessed to determine his or her risk to the community or his or her rehabilitative needs.
1. Payment of Fees: It is common for individuals who are given probation to be required to
pay probation fees. Additionally, he or she may be responsible for the payment of other
fees, such as fees for services of which he or she is provided, a fee to a victim’s fund or
restitution for the crime that he or she committed that is paid to the victim.
2. Abstain from the Use of Drugs or Alcohol: It is also common for individuals who are on
probation to be required from using drugs or alcohol. This condition may be imposed even
when the underlying crime did not involve drugs or alcohol. A probation officer may be
permitted to test the individual on probation for drugs or alcohol every time that he or she
meets with the individual, or random testing may be provided as a condition of probation.
3. Attend Drug Counseling, Rehab or Other Drug or Alcohol Treatment: If drugs or
alcohol contributed to the criminal activity, the individual may be required to attend some
type of counseling or treatment program. A probation officer may first give an evaluation
to the individual to determine his or her level of need for these services. He or she may be
required to participate in programs that the probation officer or other professionals
involved in his or her conditions recommends.
4. Maintain Employment: Another condition of probation may be to maintain gainful
employment or be enrolled in school or a training program.
5. Permit Visits: In addition to the person on probation likely being required to periodically
visit the probation officer on a schedule established by the probation officer, the person on
probation may also be required to permit the probation officer to visit him or her. This may
include visits to his or her residence and place of work. Additionally, the probation officer
may be able to conduct warrantless searches in these locations.
6. Complete Sex Offender Treatment: A person who is charged with a sex crime or who
has a history of sex crimes may be required to complete a sex offender treatment program.

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Forensic Psychology

He or she may be required to register as a sex offender. He or she may even be required to
submit to a polygraph test as required by law enforcement.
7. Complete a Mental Health Evaluation: The person on probation may also be required to
complete a mental health evaluation. He or she may be required to attend counseling or
take part in other services as a result of this evaluation. Additionally, he or she may need
to take a needs and risk assessment and take part in other services as determined by this
assessment.
8. Obey All Laws: The person on probation will have to obey all city, state and federal laws.
He or she may be prohibited from being around certain people or places associated with
criminal activity.
9. Travel Restrictions: Individuals who are on probation are often ordered not to leave the
state without express or written permission from their probation officer. The person on
probation may also have to explicitly waive extradition if they flee the state.
10. Contact a Lawyer for Assistance: If you would like to know what conditions you are
agreeing to before accepting probation or the potential consequences of a violation, contact
an experienced criminal defense lawyer.

Decision to grant probation


Community corrections officials are key personnel in helping decide whether a criminal is granted
probation. They determine whether the offender is a serious risk to public and recommend to the
court what action to take. Correction officials first go through an investigation process during the
pretrial period. They assess the offender's background and history to determine whether he or she
can be released safely back into the community. The officers then write a report on the offender.
The courts use the report to determine whether the offender shall be put on probation instead of
going to jail. After the offender is found guilty, the probation officer puts together a pre-sentence
investigation report (PSI). Courts base their sentencing on it. Finally, courts make their decisions
as to whether to imprison the convict or to assign him or her probation. If a court decides to grant
a person probation, they must then determine how to impose the sentence based on the seriousness
of the crime, recidivism, the circumstances of the convict, and the recommendations from the
corrections officials.

Probation violation
A probation officer may imprison a probationer and petition the court to find that the probationer
committed a violation of probation. The court will request that the defendant appear at a show
cause hearing at which the prosecutor must demonstrate by a preponderance of the evidence that
the defendant committed a probation violation If the defendant pleads guilty to a probation
violation, or is found guilty of a probation violation after the hearing, the officer or prosecutor may
request that additional conditions of probation be imposed, that the duration be extended, or that a
period of incarceration be ordered, possibly followed by a return to probation. No law specifies
when probation violation proceedings must be commenced, although probation violation
proceedings are nearly certain to occur following the defendant's conviction of a subsequent
offense or failure to report to the probation officer as ordered.

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If a violation is found, the severity of the penalties may depend upon the facts of the original
offense, the facts of the violation, and the probationer's criminal history. For example, if an
offender is on probation for a gang-related offense, subsequent "association with known criminals"
may be viewed as a more serious violation than if the person were on probation for driving a car
with a suspended license; the reverse may be true if the initial offense were for driving under the
influence. Similarly, penalties for violation may be greater if a subsequent offense is of greater
severity (such as a felony, following a misdemeanor), or if the original offense and subsequent
offense are of the same type (such as a battery following an assault, or retail theft following retail
theft).

Probation revocation
When a probation violation is extremely severe, or after multiple lesser violations, a probation
revocation hearing could be scheduled. A judge at the hearing will consider reports from the
probation officer, and if probation is revoked, the probationer will often be incarcerated in jail or
prison. However, the term of incarceration might be reduced from the original potential sentence
for the alleged crime(s). It is possible that an innocent defendant would choose to accept a deferred
sentence rather than incur the risk of going to trial. In such a case, a probation revocation can result
in conviction of the original criminal charges and a permanent record of conviction.

Parole:
“Parole is the early release of a prisoner who agrees to abide by certain conditions, originating
from the French word parole (’speech, spoken words’ but also ’promise’). The term became
associated during the Middle Ages with the release of prisoners who gave their word. This
differs greatly from amnesty or commutation of sentence in that parolees are still considered to
be serving their sentences, and may be returned to prison if they violate the conditions of their
parole.”
“Parole refers to the period of time after a defendant is released from prison. A defendant on
parole will face many of the same controls or safeguards as probation. Conditions of parole may
include requiring a defendant to stay in a halfway house and continuing with payments on fines
and other financial obligations.”
Parole is granted after an offender has served a portion of his or her prison sentence. Thus, parole
differs from probation in that it is not an alternative sentence, but rather a privilege granted to some
prisoners after a percentage of their sentence has been served. Parolees must abide by certain terms
and conditions while they are on parole. These terms include living within state or county lines,
meeting regularly with a parole officer, submitting to drug and alcohol tests, and providing proof
of residence and employment. If a parolee violates the conditions of parole, his parole will be
revoked and he will be re-imprisoned.
Parole refers to criminal offenders who are conditionally released from prison to serve the
remaining portion of their sentence in the community. Prisoners may be released to parole either
by a parole board decision (discretionary release/discretionary parole) or according to provisions
of a statute (mandatory release/mandatory parole). This definition of parole is not restricted to only

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prisoners who are released through a parole board decision, but also includes prisoners who are
released based on provisions of a statute. Parolees can have a number of different supervision
statuses including active supervision, which means they are required to regularly report to a parole
authority in person, by mail, or by telephone. Some parolees may be on an inactive status which
means they are excluded from regularly reporting, and that could be due to a number of reasons.
For instance, some may receive a reduction in supervision, possibly due to compliance or meeting
all required conditions before the parole sentence terminates, and therefore may be moved from
an active to inactive status. Other supervision statues include parolees who only have financial
conditions remaining, have absconded, or who have active warrants. Parolees are also typically
required to fulfill certain conditions and adhere to specific rules of conduct while in the
community. Failure to comply with any of the conditions can result in a return to incarceration.

Components of Parole
There are two components of parole:
1. Parole release:
Parole Release refers to the process in which the prison administrators grants a prisoner a
provisional release after accepting certain conditions before he, the victim completes the maximum
period of the sentence. It is, therefore, a conditional early release of a prisoner from detention.
2. Parole supervision:
Parolees are required to adhere to all requirements of their sentence (including compliance with
any restitution orders and orders of protection, and the payment of fees, fines, etc.). Parolees must
comply with the standard conditions of release, Parole Board imposed conditions, and conditions
imposed by their PO.

Administration of parole
Administration of parole is divided into two things:
1. Parole board:
A parole board is a panel of people who decide whether an offender should be released from prison
on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing
judge. Parole boards are used in many jurisdictions, including the United Kingdom, the United
States, and New Zealand. A related concept is the board of pardons and paroles, which may deal
with pardons and commutations as well as paroles. A parole board consists of people qualified to
make judgements about the suitability of a prisoner for return to free society. Members may be
judges, psychiatrists, or criminologists, although some jurisdictions do not have written
qualifications for parole board members and will allow community members to serve in that
capacity. A universal requirement is that the candidate for membership has to be of good moral
fiber.

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Forensic Psychology

2. Field service agency:


Field service agency generally refers to any one of the following USDA agencies that administer
programs and provide services to farmers and other rural residents through an extensive network
of state and local offices: the Farm Service Agency, Risk Management Agency, Natural Resources
Conservation Service, Rural Housing Service, Rural Business-Cooperative Service, and Rural
Utilities Service. The Foreign Agricultural Service, because of its overseas offices, also is
considered a field service agency under the Administrative Convergence plan being developed by
USDA in 1998. Although other USDA agencies and mission areas also have field offices
nationwide and overseas, they generally are not considered field service agencies by the
Department.

Intermediate Sanctions
Recent dramatic increases in prison, parole, and probation populations have forced community
corrections to accommodate growing numbers of offenders. The field has also seen a decline in
support for rehabilitation, and a growth in the trend toward intermediate sanctions. Intermediate
sanctions Sanctions that, in restrictiveness and punitiveness, lie between traditional probation and
traditional imprisonment or, alternatively, between imprisonment and traditional parole.
1. Intensive-SupervisionProbation and Parole (ISP):
An alternative to imprisonment that provides stricter conditions, closer supervision, and more
treatment services than traditional probation and parole. One intermediate sanction is intensive-
supervision probation and parole(ISP).
2. Day Reporting Centers:
One relatively new facet of the intermediate-sanction movement is day reporting centers. Facilities
that are designed for offenders who would otherwise be in prison or jail and that require offenders
to report regularly to confer with staff about supervision and treatment matters.
3. Structured Fines, or Day Fines:
Another relatively new intermediate sanction is structured fines or day fines. Fines that are based
on defendants’ ability to pay.
4. Home Confinement and Electronic Monitoring:
Home confinement is also known as home incarceration, home custody, and house arrest. Home
confinement is usually considered more punitive than ISP, but is often used in conjunction with
ISP.
5. home confinement:
A progam that requires offenders to remain in their homes except for approved periods of absence;
commonly used in combination with electronic monitoring.

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6. Halfway Houses:
The goal of halfway houses is to provide offenders with a temporary period of highly structured
and supportive living so that they will be better prepared to function independently in the
community upon discharge. halfway houses Community-based residential facilities that are less
secure and restrictive than prison or jail but provide a more controlled environment than other
community correctional programs.

Difference in Probation and Parole

Basis for Comparison Probation Parole

Meaning Probation is the suspension of Parole implies the early


sentence of an offender and release of the convict before
allowing them to stay in the the expiry of the sentence
community while inculcating term, to serve the rest of the
good behavior, under the portion in the community,
supervision of an officer. while ensuring good behavior
and subject to specific
conditions.

Nature Determinative Administrative


What is it? Alternative to jail Conditional release from
prison
Imposed by Court Parole Board
Grant Prior to the incarceration. After the offender has
completed a certain portion of
his prison sentence.
Allowed to First time offenders and Criminals that are already
crimes that does not involve under detention.
violence

Offender reports to Probation Officer Parole Officer

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Forensic Psychology

VOILANCE RISK ASSESMENT

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Violence Risk Assessment


Violence:
Violence is "the use of physical force so as to injure, abuse, damage, or destroy."
“Violence, an act of physical force that causes or is intended to cause harm. The damage
inflicted by violence may be physical, psychological, or both. Violence may be distinguished
from aggression, a more general type of hostile behavior that may be physical, verbal, or passive
in nature.”
Violence is a relatively common type of human behaviour that occurs throughout the world. People
of any age may be violent, although older adolescents and young adults are most likely to engage
in violent behaviour. Violence has a number of negative effects on those who witness or experience
it, and children are especially susceptible to its harm. Fortunately, various programs have been
successful at preventing and reducing violence. Less conventional definitions are also used, such
as the World Health Organization's definition of violence as "the intentional use of physical force
or power, threatened or actual, against oneself, another person, or against a group or community,
which either results in or has a high likelihood of resulting in injury, death, psychological harm,
maldevelopment, or deprivation. The World Health Organization divides violence into three broad
categories:
• Self-directed violence.
• Interpersonal violence.
• Collective violence.
This initial categorization differentiates between violence a person inflicts upon himself or herself,
violence inflicted by another individual or by a small group of individuals, and violence inflicted
by larger groups such as states, organized political groups, militia groups and terrorist
organizations. These three broad categories are each divided further to reflect more specific types
of violence:
• Physical.
• Sexual.
• Psychological.
• Emotional.

Affective and Predatory Violence


Affective Violence (related to cognitive load, problem solving strategies, and may be the result of
overwhelming excessive trauma and abuse as seen in M-S)
1. Intense autonomic arousal.
2. Subjective experience of emotion (anger or fear).
3. Reactive and immediate violence.

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Forensic Psychology

4. Perceived threat.
5. Goal is threat reduction.
6. Possible displacement of target.
7. Time-limited behavioral sequence.
8. Preceded by public posturing.
9. Primarily emotional/defensive.
10. Altered awareness.
Predatory Violence (higher cognitive functioning with planned attack / serial killers)
1. Minimal autonomic arousal.
2. No conscious emotion.
3. Planned and purposeful violence.
4. No imminent perceived threat.
5. Variable goals.
6. No displacement of the target.
7. No time-limited sequence.
8. Preceded by private ritual.
9. Primarily cognitive/attack.
10. Focused awareness.
There is biological calmness in the predation of a psychopath (predatory violence) with minimal
autonomic arousal, no conscious emotion, and no hurry. In other words, they will be characterized
as “cool as a cucumber” even when encountering a road stop by the police with a dead body in the
trunk. Whereas the predation that is the result of affective violence may be the result of a
“triggering” event and the person may not necessarily be deemed a psychopath, and from my
personal understanding of the literature, may be more accurately considered a narcissists who may
have underwent some type of psychic castration/ separation/ loss.

Risk factor:
A Risk Factor is a variable associated with an increased risk of disease or infection.[1]:38
Determinant is often used as a synonym, due to a lack of harmonization across disciplines, in its
more widely accepted scientific meaning. Determinant, specific to community health policy, is a
health risk that is general, abstract, pertains to inequalities and is difficult for an individual to
control. For example, low ingestion of dietary sources of vitamin C is a known risk factor for
developing scurvy. Poverty, in the discipline of health policy, is a determinant of an individual's

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standard of health. The main difference lies in the realm of practice, clinical practice versus public
health. There is a rising demand for healthcare, placing the sector under increasing budget pressure
which is not always met. It is important that we, as a society and users of healthcare systems,
understand the causes and risk factors behind diseases, so that we can actively take part in available
cost effective prevention and treatment programmes. In general, risk factors can be categorised
into the following groups:
• Behavioral.
• Physiological.
• Demographic.
• Environmental.
• Genetic.

Contemporary Approaches to Violence Risk Assessment


There are two primary approaches to violence risk assessment—structured and unstructured. The
structured risk assessment typified first-generation research on risk assessment and remains
commonly used today. However, unstructured risk assessment, sometimes called clinical
prediction, is based primarily on clinicians’ discretion and lacks rules that guide the risk factor
selection or integration process. As such, it is vulnerable to decisional biases and widely varying
quality across clinicians. For these reasons, although research supports that it can achieve
statistically significant predictive levels, this differs across clinicians. Furthermore, most research
indicates that it has lower reliability and predictive validity than more structured approaches to
risk assessment. Therefore, a purely unstructured, discretion-based approach to risk assessment
cannot form the basis of defensible risk assessment. To increase the reliability and validity of risk
assessments, researchers focused on developing and evaluating structured approaches: actuarial
decision making and structured pro Violence Risk Assessment Tools. Clinical judgement involves
functional Assessment (Antecedents, Behaviours & Consequences) Intervention
recommendations, Assessments for interventions/referrals (Semi Structured Interviews, clinical
interview), Collateral Information Gathering

Risk Assessment Tools


Risk assessment tools provide a standard against which to evaluate individuals for potential
violence, enabling all healthcare providers to share a common frame of reference and
understanding. This minimizes the possibility that communications regarding a person's potential
for violence will be misinterpreted. The following are examples of assessment tools that have been
developed for this purpose. Click each link for details:
1. Triage Tool: to assess a patient's potential danger from others or to him/herself, which
may spill over to become an issue in the healthcare setting.
2. Indicator for Violent Behavior: a quick list of five observable behaviors that indicate
danger to others.
3. Danger Assessment Tool: to assess the risk to nurses and other healthcare personnel of an
individual who is exhibiting signs of potentially dangerous behavior.

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Violence risk assessment is a decision-making task that transpires in numerous legal and clinical
settings in which the possibility of a person’s future violent behavior is of concern. Common
contexts in which violence risk assessment occurs include involuntary civil commitment, release
from prison or forensic hospital, sentencing, transfer of youths to adult court, and sexually violent
predator determinations.

Purpose of Violence Aisk Assessment


The purpose of violence risk assessment differs somewhat across applications, but at its core, it is
the estimation of the likelihood of future violent behavior posed by an individual. In some settings
(i.e., treatment discharge planning), risk assessment also includes a specification of the risk factors
present in a case and the risk management or intervention strategies that would be necessary to
mitigate risk. In other settings (i.e., sexual predator determinations, prison
security-level classification decisions), less attention is given to the specific nature of the risk
factors that underlie a risk assessment than to the end result (an estimate of level or amount of
risk).
Almost invariably, risk assessments transpire within legal contexts. One exception would be the
duty to protect that many mental health professionals have in the context of private psychotherapy.
Even here, however, a mental health professional is subject to common law and has ethical duties
to identify high-risk patients. At some point in their careers, most mental health professionals will
be faced with a client or patient who poses a risk of violence.

Application of Violence Risk Assessment


In terms of applications, violence risk assessment commonly is employed for release decisions
from prisons and psychiatric facilities (both civil and forensic). Although specifics differ across
jurisdictions, release may be contingent on a decision that a person does not pose an undue risk to
public safety. In some such applications, efforts are made to gear the risk assessment toward
identifying risk factors that would be important to target in violence-reduction treatments.
Violence potential is also relevant in the civil commitment context, in which persons must not only
be mentally ill but also pose a risk to others (or self) to be detained involuntarily. In criminal
sentencing contexts, risk assessment can be used to inform decisions about whether a person
should receive a custodial or a community sentence. In more extreme manifestations, it may be
used in the determination of whether a person is sentenced to death. An increasingly common use
of risk assessments is to determine whether a person meets statutory criteria for being declared a
“sexually violent predator”; that is, a sexual offender who poses a substantial risk to re-offend in
a sexual manner may be committed for treatment after serving a term of incarceration. Other
countries use risk assessment within the context of indeterminate sentencing statutory provisions.
Furthermore, risk assessment often is used when persons are admitted to prisons, youth detention
centers, or psychiatric facilities, to determine the security level of their placement and/or their risk-
relevant treatment needs. There are numerous other legally relevant contexts in which risk
assessment figures prominently (i.e., child abuse evaluations, custody and access evaluations,
judicial interim release decisions, immigration hearings).

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Risk assessments typically are done by persons within the human services fields, such as
psychology, psychiatry, social work, nursing, or substance use counseling. Personnel within prison
systems (i.e., correctional classification officers) also engage in a type of risk assessment for
offenders admitted to penal systems.

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FORENSIC REPORT WRITING

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Forensic Psychology

Forensic Report Writing


Forensic settings differ from therapeutic settings in many important ways (Greenburg & Shuman,
1999). The courtroom is foreign territory for many mental health professionals, and success in this
new territory requires reexamining some basic skills, including report writing. In writing a report
for the courts, psychologists must not only provide their opinion, they must also describe for the
courts the basis of that opinion.
Forensic reports can be distinguished from other types of psychological reports in several ways.
Perhaps most obviously, the audience for a forensic report is different as it is written for legal
professionals—attorneys and judges and other non-mental health professionals. The professional
needs to convey his or her ideas so that they can be understood by an intelligent reader who does
not share the same professional background as the writer. The report must address the psycholegal
issues relevant to the Case.
“A Forensic Report simply and succinctly summarizes the substantive evidence in a criminal
case. Forensic report writing may prove difficult and daunting because it usually demands
analyses of technical data, presented in a readable, easy-to-follow format.”

Steps of Forensic Report:


The content and structure of forensic reports may vary according to the referral question, the
preference of the referring agent, and the professional style, but several core features should appear
in most forensic reports. These features include information that
1. Identifies the person or persons evaluated.
2. Description of the referral questions.
3. Basis of assessment including a list of all data sources.
4. Informed-consent information (e.g., what the defendant was told about the evaluation).
5. Relevant psychosocial history.
6. Clinical findings, including mental status examination and psychological testing.
7. Impressions and opinions of the examiner.
8. Recommendations.
(Here we see these points in detail)
Identify the Data and the Events:
Gather all relevant details, both about the subject of your report and about the events leading up to
the conclusion of your investigation. Identify all legal representatives and all sources from whom
you gathered relevant forensic evidence. Most importantly, be prepared to note the scientific basis
upon which you are qualified to give the report.
Referral Question
Before an evaluation, the practitioner is given a referral. Generally, there is some indication as to
what kinds of information the referent hopes to ascertain from the evaluation. The evaluator needs
to carefully consider the referral question and determine its clarity then proceed for evaluation.

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Forensic Psychology

When the referral question is ambiguous or not available, the practitioner should consult with the
referent. It is up to the forensic examiner to educate the referent about the specific kinds of
questions that scientifically oriented mental health professionals can answer, discuss possible
limitations in the evaluator’s competence in addressing the restructured referral questions, and
make clear the evaluator’s stance on the ultimate legal question. Referent information should
include name, position, and affiliation. The referral question(s), as mentioned, should be
scientifically addressable, specific, and pertinent to the legal issue. Finally, in writing about the
circumstances leading to the referral, it is helpful to include behaviors or symptoms linked to the
legal issue. This subsection may include information gathered from official court documents, arrest
records, victim statements, client interview, or other collateral sources.
Informed consent:
Many characteristics of forensic evaluation should be discussed with examinees before
commencing the evaluation. Client must be informed of the limitations of confidentiality. The
examinee should understand that he or she is not the client, rather, the referent is the client.
Maintenance of report confidentiality is at the decision of the referent and not under the evaluator’s
sole control. A second issue to cover is the purpose of the evaluation. Generally, this discourse
discloses referent information (e.g., name, agency, etc.) and the referral questions the evaluator
has been asked to address. Along with a discussion of purpose, it is necessary to include a summary
of possible risks and benefits associated with participation.
Assessment:
It comprised of a catalogue of the methods and procedures used by the forensic examiner to
complete the evaluation. This catalogue should contain Date(s) and nature (e.g., interviewing,
testing, etc.) of client contact; Collateral sources of information (e.g., interviews or assessments
with third parties, or other written material such as medical, academic, health, or psychological
records); and Psychological or forensic assessment tools used. This information should be
presented in the order listed, with all contacts in chronological order. The Basis of Assessment
section of forensic reports is where documentation of the multiple methods used in the assessment
takes place.
Psychosocial History
The primary purpose of the Psychosocial History section is to summarize historical information
about the examinee that is relevant to the referral question. First, the examiner should have an
adequate understanding of the kinds of information that are important in assessing the average
client. Clinicians seek data regarding developmental history; family information; interpersonal
functioning; academic, occupational, medical, criminal, and psychiatric history; and information
about the context of the referral.
Clinical Findings
The Clinical Findings section functions to summarize objective information the examiner has
gathered through interviews, psychological tests, and collateral records. This section can be

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Forensic Psychology

divided into subheadings for clarity of Information. Mental Status, Behavioral Observations and
Psychological Testing.
• Mental Status: The Mental Status section is based on an examination that can be
conducted formally or informally over the course of the interview process. The examiner
should note the following Client’s Appearance, Manner, Approach to The Assessment,
Orientation, Alertness, Thought Processes, Unusual Thought Content, Affect, And Mood.

• Behavioral Observations: The Behavioral Observations section is meant to describe the


evaluator’s observations of the examinee over the course of evaluation. The purposes of
this section are threefold. First, the type of observations listed in this section help the reader
to understand what the evaluator considers to be important behavior. Next, behavioral
observations lend objectivity to the report because they provide information about the types
of behavior tied to specific clinical impressions. Last, the behavioral descriptions may be
tied directly to recommendations regarding treatment.

• Psychological Testing: The main purpose of this section is to report test results in a manner
that is useful to the reader. Educating the consumer about the properties of the chosen
psychological measures serves a dual purpose. First, a brief description of test
characteristics (i.e., method, purpose) provides the reader with information necessary to
place the test results in their proper context. Second, disclosure of the limitations of
psychological testing improves the examiner’s credibility. Examiner should describe the
manner in which the test was administered (e.g., self-report, report by other, etc.); the areas
the test is meant to assess (e.g., behavior problems, intellectual functioning, etc.); the
meaning of the scores; and possible interpretive limitations.
Clinical Impressions:
The Clinical Impressions section is where the examiner offers conclusions and clinical judgments
about the examinee relevant to the referral question(s). Whereas previous sections required only
objective data, the content of this section reflects the clinician’s impressions of how the findings
relate to the psycholegal questions. Examiner must integrate all A general outline to follow would
be to discuss the presence of psychopathology; summarize the phenomenological characteristics
of the pathology; explain the impact of the pathology on behavior; then describe how the pathology
and associated behaviors apply to the psycholegal issue pertinent data and organize the findings
so as to show a logical progression from data to inference.
Conclusion and Recommendation:
A forensic report is incomplete without conclusions and recommendations. The clinician’s
previous data must support the conclusions. In the recommendation, the clinician should include
all opinions concerning mental competency. Harness the evidence to substantiate your professional
opinion. After the court reaches a disposition in the defendant's case, document the outcome of the
case whenever possible. If information that would lead to a different recommendation becomes

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Forensic Psychology

available after the completion of your report, submit an addendum explaining the reason for the
change.

General Guidelines of Forensic Report Writting


Seven guidelines for effective forensic report writing are:
1. Advocate for the data—not the case.
2. Organize the report—data first, then conclusions.
3. Minimize clinical jargon-use common expressions to describe findings.
4. Write concisely-Wordy sentences, useless repetition, and abstract word choices should be
avoided.
5. Cite sources-collateral interviews and police or institutional records.
6. Be detailed enough—but not too much (unnecessarily detaile description of personal
history, highly technical and detailed accounts of test findings, and irrelevant inclusion of
collateral information)
7. Get feedback-professional feedback about forensic reports.

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Forensic Psychology

POLYGRAPH TESTING

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Forensic Psychology

Polygraph Testing
Definition:
“A polygraph, popularly referred to as a lie detector test, is a device or procedure that measures
and records several physiological indicators such as blood pressure, pulse, respiration, and skin
conductivity while a person is asked and answers a series of questions.”
The belief underpinning the use of the polygraph is that deceptive answers will produce
physiological responses that can be differentiated from those associated with non-deceptive
answers. There are, however, no specific physiological reactions associated with lying, making it
difficult to identify factors that separate liars from truth tellers. Polygraph examiners also prefer to
use their own individual scoring method, as opposed to computerized techniques, as they may
more easily defend their own evaluations. A polygraph Test, popularly known as a lie detector test,
is used to prove truthfulness of a subject & measures and records several physiological indices
such as:-
• Blood pressure
• Pulse
• Respiration,
• Skin conductivity.
while the subject is asked a series of questions. Lie detection is also known as deception detection.
Polygraph examiners, or polygraphers, are licensed or regulated in some jurisdictions. The
American Polygraph Association sets standards for courses of training of polygraph operators,
though it does not certify individual examiners.

History of Polygraph Testing


The study of physiological methods for deception tests measuring emotional disturbances began
in the early 19th century. Earlier societies utilized elaborate methods of lie detection which mainly
involved torture; for instance, the Middle Ages used boiling water to detect liars as it was believed
honest men would withstand it better than liars. Early devices for lie detection include an 1895
invention of Cesare Lombroso used to measure changes in blood pressure for police cases, a 1904
device by Vittorio Benussi used to measure breathing, and an abandoned project by American
William Moulton Marston which used blood pressure to examine German prisoners of war
(POWs). Marston’s machine indicated a strong positive correlation between systolic blood
pressure and lying. Marston wrote a second paper on the concept in 1915, when finishing his
undergraduate studies. He entered Harvard Law School and graduated in 1918, re-publishing his
earlier work in 1917. Marston's main inspiration for the device was his wife, Elizabeth Holloway
Marston. "According to Marston’s son, it was his mother Elizabeth, Marston’s wife, who
suggested to him that 'When she got mad or excited, her blood pressure seemed to climb'" (Lamb,
2001). Although Elizabeth is not listed as Marston’s collaborator in his early work, Lamb, Matte
(1996), and others refer directly and indirectly to Elizabeth's work on her husband's deception
research. She also appears in a picture taken in his polygraph laboratory in the 1920s (reproduced
in Marston, 1938). Despite his predecessors' contributions, Marston styled himself the "father of
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Forensic Psychology

the polygraph". (Today he is often equally or more noted as the creator of the comic book character
Wonder Woman.) Marston remained the device's primary advocate, lobbying for its use in the
courts. In 1938 he published a book, The Lie Detector Test, wherein he documented the theory
and use of the device. In 1938 he appeared in advertising by the Gillette company claiming that
the polygraph showed Gillette razors were better than the competition. A device recording both
blood pressure and breathing was invented in 1921 by John Augustus Larson of the University of
California and first applied in law enforcement work by the Berkeley Police Department under its
nationally renowned police chief August Vollmer. Further work on this device was done by
Leonarde Keeler. As Larson's protege, Keeler updated the device by making it portable and added
the galvanic skin response to it in 1939. His device was then purchased by the FBI, and served as
the prototype of the modern polygraph. Several devices similar to Keeler's polygraph version
included the Berkeley Psychograph, a blood pressure-pulse-respiration recorder developed by C.
D. Lee in 1936 and the Darrow Behavior Research Photopolygraph, which was developed and
intended solely for behavior research experiments. A device which recorded muscular activity
accompanying changes in blood pressure was developed in 1945 by John E. Reid, who claimed
that greater accuracy could be obtained by making these recordings simultaneously with standard
blood pressure-pulse-respiration recordings.

Instrumentation in Polygraph
A polygraph instrument is basically a combination of medical devices that are used to monitor
changes occurring in the body. It includes:
1. One pneumograph tube is fastened around chest &another around abdomen to measure
the variation in respiratory pattern.
2. A blood pressure cuff or a sphygmomanometer, similar to the one used by physicians,
is attached to the subject upper arm.
3. Electrodes or galvanograph are attached to the hand or index & ring fingers, through
which a weak electric current is passed to measure the galvanic skin response (GSR).
4. Plethysmograph is a transducer. It is attached to the thumb. It measures blood volume
reflecting the pulse rate.

Objectives of Polygraph Testing


1. To verify the veracity of the statement of suspect, witness & complainant in all types
of crime.
2. To replace the third degree method of interrogation in a scientific manner.
3. To examine white collar criminals, economic offenders, cyber criminals & other
offenders.
4. To corroborate or to refute the findings of the investigation.
5. The polygraph is based on the principle of psychosomatic interaction of an individual.
This means, a change takes place in person who consciously holds feelings, which
manifest into physiological changes in his blood pressure, pulse rate, respiration and
electrodermal response. Hence it is the fear of detection & not the guilt which produces
measurable physiological responses.

24
Forensic Psychology

Countermeasure of Polygraph
Several proposed countermeasures designed to pass polygraph tests have been described. There
are two major types of countermeasures: General State (intending to alter the physiological or
psychological state of the examinee for the length of the test), and Specific Point (intending to alter
the physiological or psychological state of the examinee at specific periods during the examination,
either to increase or decrease responses during critical examination periods).
• General State: Asked how he passed the polygraph test, Central Intelligence Agency
officer turned KGB mole Aldrich Ames explained that he sought advice from his Soviet
handler and received the simple instruction to: "Get a good night's sleep, and rest, and go
into the test rested and relaxed. Be nice to the polygraph examiner, develop a rapport, and
be cooperative and try to maintain your calm". Additionally, Ames explained, "There's no
special magic confidence is what does it. Confidence and a friendly relationship with the
examiner rapport, where you smile and you make him think that you like him".
• Specific Point: Other suggestions for countermeasures include for the subject to mentally
record the control and relevant questions as the examiner reviews them before the
interrogation begins. During the interrogation the subject is supposed to carefully control
their breathing while answering the relevant questions, and to try to artificially increase
their heart rate during the control questions, for example by thinking of something scary or
exciting, or by pricking themselves with a pointed object concealed somewhere on their
body. In this way the results will not show a significant reaction to any of the relevant
questions.

Types of Polygraph Tests


There are four basic types of polygraph tests or questioning techniques mostly used. These are:
1. The Relevant/Irrelevant Technique (RIT):
One of the oldest methods of questioning, and perhaps one of the simplest, this method involves
the examiner asking a set of questions which comprises of relevant questions, and irrelevant
questions. A relevant question is one which relates specifically to the crime, or misdemeanour,
being investigated. For instance, if a 42-year-old man named John Doe from 123 Alphabet Street
was being tested to ascertain whether or not he stole £5000 from his mother, the examiner might
ask him a set of questions including:
• Is your name John Doe?
• Are you 48?
• Do you live at 123 Alphabet Street?
• Did you steal £5000 from your mother?
The first three questions are, obviously, irrelevant questions and are designed to provide a baseline
reading for when the subject is telling the truth. They are easy to answer and should elicit no bodily
responses. When he is then asked the relevant question of whether he stole the £5000 from his
mother, if he is guilty but denies the crime, his responses will be markedly different from when he

25
Forensic Psychology

(truthfully) answered the irrelevant questions. If John Doe is, indeed, innocent, his reactions to the
relevant questions would not differ from the irrelevant questions.
2. The Control Question Test (CQT):
Sometimes also known as the Comparison Question Test, this is a more widely used method of
questioning utilized in polygraph testing. It is similar in style to the RIT shown above, in that there
are two types of questions used. The examiner will ask relevant questions, as above, but also –
instead of asking irrelevant questions he will ask control questions, which will be indirectly
relating to the misdemeanour or crime. So, assuming the same subject is under scrutiny, the
questions might be:
• Have you ever stolen anything?
• Have you ever stolen money from a family member?
• Did you steal £5000 from your mother?
Now, nobody wants to admit that they have ever stolen anything, but the chances are they have,
even if it was a single sweet from the corner shop when they were five! But most times people will
deny it because they will feel that under polygraph conditions, it will somehow make them look
more likely to have committed the theft of the £5000, even if they haven’t.
The interesting part of this method is that an innocent person will react more strongly to the control
questions, which they will probably be lying about, than the relevant question which they will be
answering truthfully.
A guilty subject, on the other hand, will show a stronger reading when answering the relevant
question, even though they will be lying on both the relevant and control questions. You might
expect them to show a similar reaction to all of them – after all, they are being deceitful on every
question – but the relevant question will provoke the strongest reaction because it presents a more
immediate threat.
3. The Guilty Knowledge Test (GKT):
The Guilty Knowledge Test (GKT) works in a different way to the previous methods. Instead of
asking direct questions, such as “Did you kill Harry Doe, your brother?” the examiner will ask a
multiple choice type question, instead. To illustrate this further, let’s suppose that poor, hapless
Harry died when his brother John (the subject) drowned him in the lake. In the Guilty Knowledge
Test, John would be asked questions such as:
• Was Harry stabbed to death?
• Was Harry strangled?
• Was Harry shot to death?
• Was Harry drowned?
John is going to deny that he killed his brother, and as he is asked about each possible manner of
death his reactions will be recorded. With the GKT it is assumed that John’s reactions will increase

26
Forensic Psychology

when he is asked “Was Harry drowned?” because that is the one question John will be lying about
when he answers in the negative.
4. The Directed Lie Test (DLT):
Lastly, a method sometimes used in a polygraph setting is that of the Directed Lie Test (DLT).
The difference between this and the previous methods is that the subjects will be told to lie in
response to the control questions, and while they are answering, to think about the times in their
life when they did what they have been told to deny. The questions will cover a deliberately long
period of time – often the subject’s entire lifetime – because the chances are that they, at some
point in their lives, will have done exactly what they are being told to deny.
Confused? Ok, let’s look at this in further detail. Going back to our example in the CQT control
questions, the examiner might ask “Have you ever stolen anything?” but this time the subject is
being told to lie, and the question will be expanded upon by adding “during your entire lifetime?”
Having already been told to think about the question beforehand, that single sweet from the corner
shop when they were 5 is going to be playing on their mind and will show in their reactions. Their
bodily responses to the relevant question will be much lower in an innocent subject.
However, a guilty subject will show a much stronger reaction to the relevant question than to the
control questions, even though he will be lying on all of them – again, this is down to the immediate
threat posed by the relevant question.

Analysis of Polygraph Chart


The polygraph examiner considers the following aspects while analyzing the results of the tests
1. Simultaneous occurrence in respiration & increase in blood pressure immediately after the
subject’s reply.
2. Heavier breathing immediately after reply to a relevant question.
3. Decrease in blood pressure several seconds after the subject’s reply.
4. Slowing up pulse rate after the questioning session & after the subject is informed that
there will be no more questions.
5. Variation in the blood pressure curve during the test e.g. downward trend indicate release
of tension i.e. the subject feels at ease, horizontal trend indicates no change in the emotional
state, upward trend indicate increase in tension, suggesting deception or guilty.

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Forensic Psychology

Uses Of Polygraph Test


1. In police work there are two major uses of polygraph testing. The first is referred to as
specific issue testing. Here polygraph testing is used to investigate whether or not a person
is involved in the commission of a particular offense. This type of testing has been shown
to be extremely valuable. In addition, it is also well established that polygraph testing often
exonerates persons against whom the circumstantial evidence is quite incriminating. Thus,
there are great savings of investigative time and effort due to the use of polygraphy.
2. The second use of polygraphy is in pre-employment screening of applicants for police
work. Such testing is employed by over 60% of the large police agencies in the USA and
is most commonly used to investigate issues that cannot otherwise be resolved. A number
of studies support the effectiveness of polygraphy for this purpose.
3. Polygraph testing also plays a role in the work of many intelligence agencies. It is used to
determine the suitability of applicants for employment, and period-cially to screen
employees regarding their conduct in dealing with, for instance, persons involved with
foreign governments. Finally, polygraph testing plays a role in the investigation of
suspected violations of sensitive intelligence matters.

Accuracy of Polygraph Testing in Criminal Investigation


• Whether the polygraph is useful procedure for criminal investigation should be tested
utilizing appropriate procedure.
• Scientific laboratory studies of polygraph testing often use a ‘mock crime’ paradigm.
‘Guilty participants’ are instructed to commit a mock crime and ‘innocent participant’ are
told that they are suspected of such crime.
• Both innocent and guilty participants are then submitted to a polygraph test.
• These laboratory studies which are generally show somewhat favorable results for
polygraph testing have been fiercely attacked by polygraph opponents.
• Amongst other things they argue that the guilty participant have little incentive to try to
beat the test and that innocent participants are unlikely to be concerned about the relevant
question.
• One of the main problems is establishing the ground truth that is establishing with certainly
whether the suspect is actually innocent or guilty. Ideally this would be done with
corroborative and conclusive evidence that is gathered independently of polygraph test
such as DNA evidence.
• Typically polygraph test are conducted when no corroborative evidence is available, if
there had been strong proof of guilt or innocence in actual cases polygraph test would
probably not have been conducted.
• In the field studies confessions are widely accepted as way to established the ground truth
however they are problematic. A suspect is considered guilty when he or she confess to
crime and is considered innocent when another person confess to crime under investigation.
The problem with confession is that they are not independent from polygraph outcomes.
• For example, a guilty suspect who passes the test is unlikely to confess as there is no further
evidence against him or her. Since that suspect is the culprit it is unlikely that someone else

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Forensic Psychology

will confess tro that crime. In the other words in this case a confession will typically not
occur. This however implies that case will not be included in the field study as only cases
in which someone made a confession will be included. The incorrect polygraph decision
will therefore not be noted and the result is that accuracy percentages reported in field
studies which are based on confession.

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Forensic Psychology

30
Forensic Psychology

SERVING AS AN EXPERT WITNESS

31
Forensic Psychology

Serving as an Expert Witness


A person who is a specialist in a subject, often technical, who may present his/her expert opinion
without having been a witness to any occurrence relating to the lawsuit or criminal case. It is an
exception to the rule against giving an opinion in trial, provided that the expert is qualified by
evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the
attorney for the party calling the "expert" must make a showing of the necessary background
through questions in court, and the trial judge has discretion to qualify the witness or rule he/she
is not an expert, or is an expert on limited subjects. Experts are usually paid handsomely for their
services and may be asked by the opposition the amount they are receiving for their work on the
case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts
to allow pre-trial depositions.

Forensic Psychologists as Expert Witnesses


Some of a forensic psychologist’s most important work happens on the witness stand, providing
testimony and presenting evidence in court cases and other judicial matters. In these circumstances,
they have a specific responsibility for upholding the integrity of psychology as it is used within
the realm of the legal system.
The role of forensic psychologists within the legal system is well-defined by the American
Psychological Association’s (APA) Division 41, which is dedicated to this subspecialty of forensic
psychology.
Forensic psychologists serve as expert witnesses in a variety of civil and criminal court
proceedings, which may include:
1. Civil proceedings (child custody cases, for example)
2. Criminal proceedings (mental competency hearings, for example)
3. Professional negligence lawsuits (medical malpractice suites, for example)
Forensic psychologists may assume the role of forensic expert witness on a voluntary or
involuntary basis, meaning a prosecution or defense team may hire them, or they may be
subpoenaed. Their work is essential to many judicial proceedings, and they have an obligation and
a duty to remain cognizant of the ethical responsibilities that govern their conduct while engaged
in judicial proceedings.

The Job Duties of Forensic Psychologists on the Witness Stand


When working as expert witnesses, forensic psychologists express opinions based on their
specialized knowledge. In most jurisdictions, they must state their opinion within the standards of
their field and with a reasonable degree of certainty. This means that as expert witnesses, forensic
psychologists may:
1. Base their testimony on information gathered solely for the purpose of testifying in the
litigation
2. Offer their opinion on the cause or consequences

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Forensic Psychology

3. Interpret the action of other persons


4. Draw conclusions of the basis of circumstances
5. Comment on the likelihood of events
6. their beliefs regarding nonfactual issues, such as:
• Fault.
• Damage.
• Negligence.
• Avoidability.
Forensic psychologists may become experts in litigation in one of three ways:
1. They may be retained by one of the parties for the purpose of analyzing information and
providing an opinion.
2. They may be appointed by the court for the purpose of sorting through conflicting claims
or conclusions.
3. They may serve as an actual witness to the events at hand.

Competencies of Forensic Psychologists Serving as Expert Witnesses


Forensic psychologists must be competent in the specific areas related to the evidence they present
and the testimony they give. They must also meet the qualifications of a witness, as outlined by
the Federal Rules of Evidence, which include having the appropriate experience, knowledge,
skills, training, and education.
However, because the federal guidelines for forensic psychologist competencies when serving as
expert witnesses are rather broad, professional associations like the APA have produced more
defined and certainly more restrictive guidelines.
For example, the APA’s Specialty Guidelines for Forensic Psychology state that forensic
psychologists must possess the “psychological and legal knowledge, training, experience, and
skills necessary to provide the required services.” Further, they must be able to demonstrate their
competency by possessing American Board of Professional Psychology Specialty Certification
(ABPP) or by providing evidence of active practice and current knowledge in the area of inquiry.
Applicants for ABPP certification with a specialization in forensic psychology must have
completed an APA-approved doctoral degree from a program in professional psychology and an
APA-approved internship. They must also be currently engaged in forensic psychology and have
an active license in good standing. The requirements for ABPP certification specific to forensic
specialization include:
At least 100 hours of formal education, direct supervision, or continuing education in forensic
psychology after the date the doctoral degree was earned
At least 1,000 hours of post-doctoral experience completed in at least 5 years (an LLB or JD degree
may be substituted for two of the five years of experience)

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Forensic Psychology

Candidates who have completed at least 2,000 hours of post-doctoral training in forensic
psychology are exempt from meeting the 1,000 hours of post-doctoral experience requirements.
Professional certification is conditional upon the completion of a written and oral examination and
the satisfactory completion of the credential review process.
Forensic psychologists as psychological forensic expert witnesses must be sufficiently aware of
relevant law. Based upon their qualifications, they may be categorized as informed, proficient, or
specialized. An informed psychologist would possess knowledge of relevant laws through
graduate or post-graduate courses or continuing education courses, whereas an uninformed
psychologist would not be allowed to testify in judicial matters.
To serve as proficient expert witnesses, forensic psychologists must possess expertise within a
given population and experience in using this expertise in forensic contexts. The clinical forensic
population may include individuals with mental or emotional disorders or those who may have
specific characteristics relevant to a legal decision.
Forensic psychologists may possess expertise in diverse forensic populations related to race,
culture, socioeconomic factors, age, gender, disability, and sexual orientation, among others. In
many cases, post-graduate courses in specific areas of forensic psychology are necessary.

The Forensic Psychologist’s Ethical Guidelines as an Expert Witness


The APA provides ethical guidelines for forensic psychologist expert witnesses, stating that when
assuming forensic roles they must be familiar with the administrative or judicial rules regarding
testimony and presenting evidence. Many state psychology associations have also adopted APA
guidelines. Other professional associations also have guidelines pertaining to psychological
forensic expert witnesses, including the American Psychotherapy Association, the American
Psychology-Law Society, and the American Bar Association. In short, psychological forensic
expert witnesses act ethically if they:
1. Possess the competency to give testimony or present evidence as demonstrated by their
knowledge, training, and experience.
2. Are sufficiently aware of the relevant laws in the area in which they intend to testify or
offer evidence.
3. Comply with the APA’s ethical guidelines.
Although judicial proceedings can often be adversarial, psychological expert witnesses should
never take the position of being an advocate or detractor for any party or cause. In other words,
forensic psychologists serving as expert witnesses must always act in a truthful, unbiased manner
and seek to promote honesty, accuracy, and truthfulness.
When forensic psychologists as expert witnesses become aware that a forensic colleague is acting
unethically, they must address the issues and areas of concern with the colleague and provide that
colleague with an opportunity to clear up the misunderstanding or rectify any prior testimony or
evidence.

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Forensic Psychology

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