PSY 546 Final Exam

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University of Pittsburgh, Bradford *

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546

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Psychology

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Apr 3, 2024

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1. Forensic Psychology: “a subfield of psychology in which basic and applied psychological science or scientifically oriented professional practice is applied to the law to help resolve legal, contractual, or administrative matters” (O’Hara, 2023). “Forensic is to the law and has to do with informing the decision that the court has to make” (O’Hara, 2023). The field of psychology and the law combines the use of research methods, and their findings of different categories of psychology to examine numerous legal assumptions. A unique ethical issue associated with forensic psychology would be the competence to stand trial. Before someone is convicted of a crime is a forensic psychology situation. In this situation, the person still has access to their legal rights. Overall, an important distinction is that “forensic psychology largely serves the interests of law and society rather than individuals” (Neal, 2018). Correctional Psychology: “a subfield of psychology in which basic and applied psychological science or scientifically oriented professional practice is applied to the justice system to inform the classification, treatment, and management of offenders to reduce risk and improve public safety” (Neal, 2018). Correctional is to the justice system meaning that it has to do with working with people who have already been convicted of a crime, post-adjudication, they’re now on the other side of the legal decision. People who have already been convicted also known as post-conviction are classified as correctional psychology. In this situation, the person has now been stripped of most of their legal rights. An important distinction is that “correctional psychology must serve both health and security issues that are not always compatible” (Neal, 2018). 2. CAIs are clinical assessment instruments: psychological and medical tests and other assessment techniques that facilitate assessment, diagnosis, and treatment planning in therapeutic contexts CAIs are less likely to be used due to the tests and tools that assess the general psychological or medical constructs. This is due to them not speaking directly on the issues of interest to the legal decision-makers (Melton et al., 2017 pp. 46-47). An example of a forensic referral question that a psychologist could use, is whether the individual is competent to stand trial. This question may seem very surface-level but the psychologist could use the MacCat-CA also known as the MacArthur Competence Assessment Tool-Criminal Adjudication. This tool is used to determine if the defendant understands, appreciates, and reasons in terms of their offense (Melton et al., 2017 p. 144). FRIs are forensically relevant instruments: which are techniques that aid in the assessment of clinical constructs- most relevant to the evaluation of persons who are involved in the legal system in some way for example psychopathy, response style, and violence risk (Melton et al., 2017 p. 46). An example of a question the psychologist could use is was the offender's mental state impaired at the time of the offense, which would have impacted their legal responsibilities? For this example,

the psychologist could use the MacCAT-CA or the Rogers Criminal Responsibility Assessment Scales (R-CRAS). The R-CRAS looks at the decision-making on the issue of legal insanity (Melton et al., 2017 p. 247). The MacCAT-CA looks at whether the individuals understand and appreciate their offense. FAIs are forensic assessment instruments: designed for use in the legal process and assess or structure assessments of psycho-legal capacities, abilities, or knowledge (Melton et al., 2017 p. 47). An example question could be does that individual satisfy the criteria set forth by law to be competent to stand trial? In this question, the psychologist could use the MacCAT-CA. 3. The biggest factor is personal biases which can include prejudices. Another factor is forensic evaluators often work with others such as lawyers, judges, and other specialists. While working with these people the evaluator may start to form a conflict of interest. An example could be state- of-the-art problems which state “legal determinations usually concern individuals, and what mental health professionals can say about individuals may not be precise or objective enough to warrant admitting their opinions, or if such opinions are admitted, to warrant placing much weight on them” (Melton et al., 2017 p. 7). 4. Melton et al., 2017 states “the most obvious philosophical difference between the law and the behavioral sciences is that the former is predicated on the assumption that people act for reasons, can control themselves, and make choices for which they may deserve praise or punishment” (p.7). The behavioral sciences seek to find causes or influences on people’s behavior that people themselves are unaware of, do not choose, or do not control (Melton et al., 2017 p. 7). A big conflict is the law relies on the established standards that have been set forth and behavioral science focuses on research and scientific methods used in order to understand how one behaves. It is important to understand the challenges of practicing forensic psychology because it helps to know the differences specifically when it comes to upholding ethical and or legal standards in the forensic context as well as promoting fair outcomes. 5. Jackson “is a mentally defective deaf mute with a mental level of a preschool child. He can not read, write, or otherwise communicate except through limited sign language” (Melton et al., 2017 p. 131). Jackson was facing two counts of petty theft and was found incompetent to stand trial and was then hospitalized for treatment. Due to his impairments, it was found that Jackson may need lifelong hospitalization. In this, the court found that this violated his equal protection and due process guaranteed by the Fourteenth Amendment. It prohibits the state from “committing incompetent defendants on incompetence grounds unless they have a substantial probability of

becoming competent with treatment” (Melton et al., 2017 p. 132). Essentially, states cannot indefinitely confine defendants based on their incompetence to stand trial. 6. The insanity defense follows: "Individuals are not properly punishable as criminals, because the principal grounds for such punishment- retribution and deterrence- are not applicable to them” (Melton et al., 2017 p. 199). Hinckley was found not guilty by reason of insanity. After Hinckley’s trial, numerous people were upset. Therefore, congress proposed stricter rules following the insanity defense. The Insanity Defense Reform Act of 1984 was passed. This created a tighter burden of proof for the defendants. The federal insanity test requires “that the mental disease or defect be severe” (Melton et al., 2017 p. 205). They essentially, need to show that the defendant at the time of the crime was suffering from a severe mental illness which resulted in them not understanding the nature of their actions. The reform act also required that the expert witnesses have the qualified training and experience. 7. The Durham Rule states, “An accused is not criminally responsible if his unlawful act was the product of mental disease or defect” (Melton et al., 2017 p. 202). Under Durham, “the offense itself is sufficient evidence of dysfunction” (Melton et al., 2017 p. 205). It was important because there was hope that removing the legal strictures on clinical testimony and allowing the explanation of the defendant’s personality and functioning that the rule would then encourage mental health professionals to “help reform the criminal law and humanize it” (Melton et al., 2017 p. 202). The controversy around it was that it lacked guidance. The courts had failed to define things that were needed in order to make decisions. Durham was overruled in 1972. 8. First, the police report is typically filed right after the detention stage. This report can offer valuable information in terms of the mental state of the accused individual. Other documents such as the discovery and suppression motions can be valuable to the evaluator. Metlon et al., 2017 state that police reports and eyewitness accounts of the defendant’s behavior are also sometimes helpful, as of course are transcripts or recordings of the confessions themselves (p. 169). Overall, police reports can offer a more in-depth description of the offender at the time of the offense. They can also provide some insight into if the person has prior criminal charges and the behaviors at the time of those charges. They may also be used to confirm or deny what the individual is saying during the evaluation.

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