Forensic Psychology’s Interdependence with Law and Policy
There are a number of roles for forensic psychologists (i.e., consultant, testifying about a specific individual or topic, providing legislative testimony), each involving knowledge of the law and the ability to apply it. Consequently, forensic psychologists must possess knowledge of the appropriate statutes, case law, and policies to effectively practice and conduct relevant research. They must understand the explicit wording of the law and be aware of the subtle shifts in legal language that occur regularly. Daniel Krauss and Bruce Sales explore the interdependent relationship between forensic practice and research and law and policy. They examine problems arising when nomolithic data are used to address idiographic questions. Using two common areas of forensic practice and research, forensic evaluations and testimony, the authors demonstrate the impact of law and policy on the field of forensic psychology. The ability of forensic psychologists to influence lawmakers and shape public policy is still in its infancy. Although Brown v. the Board of Education (1954) involved the application of social psychology research to public policy, few examples exist that so clearly demonstrate the relevance of psychological research to the law. Krauss and Sales argue that because legislators frequently assume, often incorrectly, that psychologists can provide information of direct relevance to a legal question, forensic psychologists should have a greater sense of involvement in the formation of laws and policies. The authors provide guideposts for improving the quality of forensic services to the law, consider issues related to evidentiary reliability and relevance, and describe other criteria addressed by Daubert. Merrell DowPharmaceuticals, Inc. (1993).
Therapeutic Jurisprudence
The emerging field of therapeutic jurisprudence (TJ) represents another point at which law, public policy, and psychology (and the social sciences in general) intersect. TJ recognizes that, intentionally or unintentionally, the law affects the mental health and functioning of those whom it impacts (Stolle, Wexler, Winick, & Dauer, 1997). As defined by Slobogin (1995), TJ uses the social sciences to “study the extent to which a legal rule or practice promotes the psychological and physical well-being of the people it affects” TJ represents a more humane, therapeutic approach to the legal system, the goal of which is to maximize the positive or therapeutic consequences of laws and their administration while minimizing the negative or antitherapeutic consequences. TJ evaluates the behavior of those involved in the legal system: attorneys; judges, probation officers, and law enforcement officers.
There are a number of roles for forensic psychologists (i.e., consultant, testifying about a specific individual or topic, providing legislative testimony), each involving knowledge of the law and the ability to apply it. Consequently, forensic psychologists must possess knowledge of the appropriate statutes, case law, and policies to effectively practice and conduct relevant research. They must understand the explicit wording of the law and be aware of the subtle shifts in legal language that occur regularly. Daniel Krauss and Bruce Sales explore the interdependent relationship between forensic practice and research and law and policy. They examine problems arising when nomolithic data are used to address idiographic questions. Using two common areas of forensic practice and research, forensic evaluations and testimony, the authors demonstrate the impact of law and policy on the field of forensic psychology. The ability of forensic psychologists to influence lawmakers and shape public policy is still in its infancy. Although Brown v. the Board of Education (1954) involved the application of social psychology research to public policy, few examples exist that so clearly demonstrate the relevance of psychological research to the law. Krauss and Sales argue that because legislators frequently assume, often incorrectly, that psychologists can provide information of direct relevance to a legal question, forensic psychologists should have a greater sense of involvement in the formation of laws and policies. The authors provide guideposts for improving the quality of forensic services to the law, consider issues related to evidentiary reliability and relevance, and describe other criteria addressed by Daubert. Merrell DowPharmaceuticals, Inc. (1993).
Therapeutic Jurisprudence
The emerging field of therapeutic jurisprudence (TJ) represents another point at which law, public policy, and psychology (and the social sciences in general) intersect. TJ recognizes that, intentionally or unintentionally, the law affects the mental health and functioning of those whom it impacts (Stolle, Wexler, Winick, & Dauer, 1997). As defined by Slobogin (1995), TJ uses the social sciences to “study the extent to which a legal rule or practice promotes the psychological and physical well-being of the people it affects” TJ represents a more humane, therapeutic approach to the legal system, the goal of which is to maximize the positive or therapeutic consequences of laws and their administration while minimizing the negative or antitherapeutic consequences. TJ evaluates the behavior of those involved in the legal system: attorneys; judges, probation officers, and law enforcement officers.
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