How A Forensic Psychological Evaluation Influences Court Cases

By Harriet Porter


In the limited time frame of a television crime drama, psychologists are usually given the super-human ability to determine motivation based solely on a perfunctory personality analysis, which usually helps solve the case in time for a commercial. While a genuine forensic psychological evaluation rarely produces such neatly packaged conclusions, they have become an integral part of daily 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.

Court associated psychologists may be asked for testimony by either side of an argument, as is often the case when dealing with hostile parties involved in divorce disputes. Any time the element of human behavior and motivation becomes entangled with legal considerations, a forensic report can clarify the issues. Many contributions come from psychologists who normally work in counseling or treat incarcerated patients.

Although a drama scripted for television may be professionally unflattering, actual forensic psychologists must have impeccable credentials to back their opinions. Prior to joining the court system, all complete the necessary educational steps to become a licensed psychologist. Those with an interest in pursuing academic research based on human behavior may choose to work with the courts, counsel youthful offenders, or treat incarcerated prisoners.

There is a distinct difference between psychological evaluation and the type of traditional therapy most people expect to receive. While a court psychologist may be called upon for an opinion, there is no actual doctor-patient relationship. If therapy is recommended as consideration of sentencing, it would not be considered a part of forensic practice, but rather as a standard treatment apart from court function.

In contrast to most styles of accepted conventional therapy, creating an individual evaluation for the courts does not require a display of overt empathy. The conclusions reached are intended to reflect scientific evidence in combination with current psychological theory and similar previous experiences. A court-appointed psychologist may need to work directly with an uncooperative or hostile subject, and cannot base conclusions on personal emotions.

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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