How A Forensic Psychological Evaluation Helps Determine Court Outcomes

By Harriet Porter


Popular television crime-solving dramas commonly feature a psychologist who provides instant in-depth analysis of the personality of an alleged criminal. Based on clues revealed during an interview, the information usually proves crucial to solving the case. While an actual forensic psychological evaluation rarely produces immediate results, the reports have become an integral part of common legal processes.

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.

There are a multiple situations that make an evaluation necessary. When defense or prosecution uses mental competency as a benchmark, a court psychologist will usually be asked to verify the medical basis of that claim. If ongoing mental illness is a factor in determining punishment for parties found guilty, a report may provide the motivation for making a particular decision. The information is also used to speculate on possible recidivism.

Psychologists can be called as an expert witnesses to lend credence to an argument for either side, and are sometimes required to evaluate competency in hostile cases involving child custody. Any case that has elements involving human behavior and the rule of law may require this type of service, including contributions from doctors who do not consider themselves forensic psychologists, but who work as counselors or penal physicians.

A scripted entertainment can paint an unflattering portrait of psychologists, but in real life these individuals must have unassailable credentials to back up their opinions. All must complete state requirements for education, and a significant percentage expand their own personal interest in related academic research to include psychology and the legal system. Some work as law-enforcement consultants, counsel youth offenders, or become a correctional therapist.

There is a vast divide between the traditional therapy practices many people expect and a court-ordered psychological evaluation. There is no actual doctor-patient relationship, but rather a series of specific questions or observations designed to help prove a point. If therapy becomes a condition of sentencing, that treatment is not considered forensic, because it is based on normal treatment standards and practices.

Unlike more traditional therapeutic approaches, forming these opinions requires little personal empathy with the subject. Most conclusions are based on specific facts in combination with therapeutic experience and current accepted understanding of psychology. Psychologists may be placed in a situation where the subject is hostile and unwilling to cooperate, and at no time are evaluations based solely on emotion.

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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