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mercredi 27 août 2014

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.

Officially considered a specialty practice since 2001, the rapid expansion of this discipline shows few signs of slowing. Although it differs considerably from traditional doctor-patient interaction or popular therapy concepts, court evaluation encompasses nearly any sub-category of professional psychology, including areas requiring specific knowledge of pertinent scientific or technical details. It provides trusted expertise for many cases.

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.

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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