The Nature of Forensic Psychology
Forensic psychology is unique. By its very nature, it must respond to questions of a legal nature, requiring not only an understanding of how the legal system operates but also a working familiarity with relevant statutes and case law. At the turn of the twenty-first century, no one in the United States had earned a doctoral degree in forensic psychology (in Canada, Simon Fraser University comes closest to this qualification, with a degree in clinical psychology with a specialty in either forensic research or forensic practice). Consequently, those practicing in the field are, for the most part, clinical, counseling, or neuro psychologists with little or no formal graduate school education in forensic psycho legal issues nor in the specialized methodology required to conduct valid assessments. In most states, licenses to practice psychology are generic in nature; only a few states have specialty certification for forensic practitioners. Those identifying themselves as forensic psychologists do so on the basis of their personal, somewhat subjective belief that they possess the background, experience, skills, training, and knowledge that legally qualify them to make this claim. The only credentialing organization recognized by the APA for inclusion in its Directory as specialists are those holding the Diplomate in Forensic Psychology from the American Board of Professional Psychology, approximately 200 individuals nationwide. How are experts to be validly identified in this specialized area of practice? The issue of professional training and qualifications is a critical one for the field, and it should be equally significant to judges who are in the position of declaring a psychologist an expert for the purposes of offering testimony. What should be included in the graduate training of those intending to enter forensic practice? At the postdoctoral level, what should be required as part of the training fellowship? How can those from traditional psychology doctoral programs “retool” to develop the knowledge and skills expected of experts in the field? The APA’s (1992) “Ethical Principles and Code of Conduct for Psychologists” is written in somewhat general terms because it is intended to apply to all areas of psychology. Yet, the conflicts and issues that develop when attempting to practice ethically and objectively in the legal arena, a system of advocacy, readily become apparent. Where do forensic psychologists find guidance and direction working in this unique area of practice? Forensic assessments are conducted for a purpose. Although many, if not most, cases in both civil and criminal court do not go to trial, forensic experts must anticipate that their work will require court testimony (forensic reports frequently
contribute to pretrial settlements in civil suits and in plea bargains in criminal cases). How can forensic psychologists offer expert testimony that is objective, data-based, and effective? How can they know the legal limits of their intended testimony? forensic training and practice, the relationship among professional ethics, professional competence, and effectiveness, and the nature of expert testimony are examined. Authors argue for specialized training, skills, and knowledge, consider unusual ethical dilemmas and their resolutions, and discuss methods of conveying complex information to laypeople in an effective, objective fashion while conforming to the requirements and expectations of the legal system.
Forensic psychology is unique. By its very nature, it must respond to questions of a legal nature, requiring not only an understanding of how the legal system operates but also a working familiarity with relevant statutes and case law. At the turn of the twenty-first century, no one in the United States had earned a doctoral degree in forensic psychology (in Canada, Simon Fraser University comes closest to this qualification, with a degree in clinical psychology with a specialty in either forensic research or forensic practice). Consequently, those practicing in the field are, for the most part, clinical, counseling, or neuro psychologists with little or no formal graduate school education in forensic psycho legal issues nor in the specialized methodology required to conduct valid assessments. In most states, licenses to practice psychology are generic in nature; only a few states have specialty certification for forensic practitioners. Those identifying themselves as forensic psychologists do so on the basis of their personal, somewhat subjective belief that they possess the background, experience, skills, training, and knowledge that legally qualify them to make this claim. The only credentialing organization recognized by the APA for inclusion in its Directory as specialists are those holding the Diplomate in Forensic Psychology from the American Board of Professional Psychology, approximately 200 individuals nationwide. How are experts to be validly identified in this specialized area of practice? The issue of professional training and qualifications is a critical one for the field, and it should be equally significant to judges who are in the position of declaring a psychologist an expert for the purposes of offering testimony. What should be included in the graduate training of those intending to enter forensic practice? At the postdoctoral level, what should be required as part of the training fellowship? How can those from traditional psychology doctoral programs “retool” to develop the knowledge and skills expected of experts in the field? The APA’s (1992) “Ethical Principles and Code of Conduct for Psychologists” is written in somewhat general terms because it is intended to apply to all areas of psychology. Yet, the conflicts and issues that develop when attempting to practice ethically and objectively in the legal arena, a system of advocacy, readily become apparent. Where do forensic psychologists find guidance and direction working in this unique area of practice? Forensic assessments are conducted for a purpose. Although many, if not most, cases in both civil and criminal court do not go to trial, forensic experts must anticipate that their work will require court testimony (forensic reports frequently
contribute to pretrial settlements in civil suits and in plea bargains in criminal cases). How can forensic psychologists offer expert testimony that is objective, data-based, and effective? How can they know the legal limits of their intended testimony? forensic training and practice, the relationship among professional ethics, professional competence, and effectiveness, and the nature of expert testimony are examined. Authors argue for specialized training, skills, and knowledge, consider unusual ethical dilemmas and their resolutions, and discuss methods of conveying complex information to laypeople in an effective, objective fashion while conforming to the requirements and expectations of the legal system.
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