Forensic Psychology and the Law

• Forensic psychology is the intersection of psychology and the law.

The Importance of Laws

• Laws are human creations developed to fulfill the need for order and consistency.
• Laws help resolve conflicts and protect the public.
• Laws must be continuously developed and modified to keep pace with rapid societal changes.

Psychological Study of the Law

• Law is studied by various disciplines, including anthropology, sociology, and psychology.
• Anthropologists compare laws across different societies and connect them to societal characteristics.
• Sociologists study specific societies, examining institutions to understand how adherence to laws develops.
• The psychological approach to studying law emphasizes the human factors that influence it.
• Psychology considers how the characteristics of legal system participants affect its operation.
• The law can affect individuals' characteristics and behavior.
• Kurt Lewin's equation B = f(p,e) states that behavior is a function of the person and their environment.
• The behavior of individuals in the legal system depends on both their personal attributes and the surrounding environment.
• Forensic psychologists generate and communicate information to answer specific legal questions in legal disputes.
• Most forensic psychologists are trained as clinical psychologists, specializing in evaluation and treatment.

Basic Choices in the Psychological Study of the Law

• The psychological study of the law involves four basic choices, each creating a dilemma with psychological implications.
• The first choice involves the rights of individuals versus the common good.
• An example is the tension between the rights of a person to smoke and the protection of society.

Rights of Individuals vs. the Common Good

• Conflicts arise because individuals possess rights, and ensuring their protection is a function of the law.
• Some of these rights have been limited due to court rulings favoring the police.
• The conflict between individual rights and societal rights relates to the distinction between the due process and crime control models.
• The due process model emphasizes the rights of individuals and was favored in 1960.
• Due process includes protecting citizens, including criminal suspects, from potential abuses by the police or legal system.
• The due process model assumes the innocence of suspects and requires them to be treated fairly.
• The crime control model, favored in the 1990s, focuses on apprehending and punishing lawbreakers.
• The crime control model aims to ensure that criminal activity is contained or reduced.

Equality vs. Discretion

• The second choice is equality versus discretion.
• Equality means that individuals who commit the same crimes should receive the same consequences.
• Discretion in the legal system involves considering the circumstances of offenders and offenses to determine appropriate consequences.
• The principle of proportionality states that the punishment should align consistently with the offense's severity.

Discover the Truth or Resolve Conflict

• The third choice involves discovering the truth or resolving conflict.
• The most important priority of a trial may be justice.
• Procedural justice states when both sides believe they have had the chance to be heard, participants are more likely to feel fairly treated by the system, and the system is more likely to be considered effective.
• Plea bargaining occurs in 90-95% of cases.
• Settlement negotiation occurs when a plaintiff agrees to accept what a defendant is willing to offer to end a legal disagreement, with the purpose of conflict resolution.

Science vs. the Law

• Therapeutic Jurisprudence can help those involved with drug-related crimes by seeking addiction treatment.
• The fourth choice involves science versus the law as a source of decisions.
• Law relies on precedents, while psychology relies on scientific methods.
• Law deals with absolutes, whereas psychology deals with probabilities.
• Law supports contrasting views of reality; psychology seeks one refined view of reality.

Roles for Psychologists in the Legal System

• There are five roles for psychologists in the legal system.
• A basic scientist studies a phenomenon to contribute to scientific advances and understanding.
  • Ethically, basic scientists cannot falsify data or plagiarize.
• An applied scientist applies knowledge to solve real-life problems.
  • An important role is applying findings as an expert witness.
  • Ethically, applied scientists are responsible for reporting all conclusions, regardless of which side they favor.
• A policy evaluator uses methodological skills to evaluate how well an intervention has worked.
  • Ethically, they have similar responsibilities as the expert witness.
• A forensic evaluator assesses individuals involved in civil and criminal cases to report findings to a judge and testify results in court if necessary.
  • They are either court-appointed or hired by one of the parties involved.
  • Ethically, forensic evaluators must apply the ethical code specified by the APA.
  • Forensic evaluators must provide evaluations that are clear, respectful, and communicated appropriately.
• Consultants use scientific jury selection procedures, community attitude surveys, and demonstrative evidence, provides witness testimony and guides attorneys seeking damage awards.
  • Ethically, there are no expectations for consultants for impartiality in this role.

Explore the intersection of psychology and the law. Understand the importance of laws in maintaining order and resolving conflicts. Discover how psychology studies the human factors influencing the legal system and individual behavior.