Forensic Psychology: Understanding the Law

• Forensic psychology is psychology of the law.

The Importance of Laws

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

Psychological Study of the Law

• The law is examined through various disciplines.
• Anthropology compares laws across societies.
• Sociology studies specific societies and their institutions to understand adherence to laws.
• A psychological approach emphasizes human determinants in the study of law.
• Psychology acknowledges the impact of legal system participants' characteristics on its operation, and the reciprocal effect of law on individuals' behavior.
• Kurt Lewin's equation B=f(p,e) illustrates behavior as a function of both the person and environment.
• Behavior within the legal system is influenced by the individual and the environment.
• Forensic psychologists provide specific legal information to resolve disputes.
• Most are trained as clinical psychologists in evaluation and treatment.

Basic Choices in Psychological Study of Law

• There are 4 basic choices to study that create dilemmas with psychological implications.

Rights of Individuals vs. the Common Good

• This is the first choice to study.
• It concerns the rights of individuals versus the common good.
• For example, the right to smoke against society's protection.
• Conflicts arise from differing values. Individuals have rights, and the purpose of law is to protect these rights.
• Some individual rights have been curtailed based on court rulings favoring police powers.

Models of the Criminal Justice System

• There are two models
• Conflict occurs between individual rights and society's rights, related to the distinction between the due process and crime control models.
• The due process model emphasizes individual rights, and was favored in 1960.
• It protects citizens, including criminal suspects, from potential abuses by police or the legal system.
• It assumes suspects' innocence and requires fair treatment.
• The crime control model was favored in the 1990s.
• It focuses on apprehending and punishing lawbreakers.
• The goal is to contain or reduce criminal activity.

Equality vs. Discretion

• This is the second choice to study.
• Equality means uniform consequences for those committing the same crimes.
• Discretion involves considering offender and offense circumstances to determine fitting consequences.
• The principle of proportionality dictates that punishment should align with the magnitude of the offense.

The Third Choice

• Discovering truth vs resolving conflict; justice may be the most important goal of a trail.
• Procedural justice arises when both sides feel heard, fostering perceptions of fairness and system effectiveness.
• Plea bargaining involves 90–95% of defendants.
• Settlement negotiation is when a plaintiff agrees to accept what a defendant offers, to end the legal disagreement, with conflict resolution as the purpose.

The Fourth Choice

• Therapeutic jurisprudence aims to help individuals with drug-related crimes through addiction treatment rather than jail.
• Science versus the law as sources of decisions.
• Law relies on precedents, while psychology relies on scientific methods
• Law deals with absolutes, while psychology deals with probabilities
• Law upholds contrasting views, while psychology seeks a unified perspective.

Roles for Psychologists in the Legal System

• There are 5 roles.
• As basic scientists, psychologists study phenomena for the satisfaction of understanding and to contribute to scientific advances.
• They adhere to ethics, and cannot falsify or plagiarize data.
• As applied scientists, psychologists use knowledge to solve real-life problems.
• They often serve as expert witnesses.
• Ethics require psychologists to report all conclusions, regardless.
• Policy evaluators use methodological skills to assess intervention effectiveness.
• Their ethics are similar to expert witnesses.
• Forensic evaluators are asked to assess those involved in civil and criminal cases, reporting findings to a judge, sometimes testifying.
• They are court-appointed or hired by a party involved.
• Ethics require them to follow the APA's ethical code
• Evaluations must be transparent, respectful, and appropriately communicated.
• Consultants use scientific jury selection, conduct community surveys, assess evidence effectiveness, advise attorneys on damage awards, and prepare witnesses.
• They are not held to impartiality standards.

Explore the intersection of psychology and law. This lesson covers laws as human creations for order, conflict resolution, and public protection. It emphasizes the psychological approach to studying law, considering human determinants and the reciprocal effect of law on behavior.