Forensic settings.

Abstract

The American legal system is complex. One of the complicating factors is that there are two parallel sets of courts: one national network of federal courts and 51 sets of separate state courts (including the District of Columbia). Furthermore, within each there is a criminal justice system and a civil justice system. State courts also have a hybrid criminal-civil system that deals with matters affecting juveniles. Forensic psychologists are called on to provide these systems and divisions within them with useful expert information that, it is hoped, will lead to more informed decisions by judges and juries about human behavior.A "forensic psychologist refers to any psychologist, experimental or clinical, who specializes in producing or communicating psychological research or assessment information intended for application to legal issues" (Grisso, 1987, p. 831; see also Committee on Ethical Guidelines for Forensic Psychologists, 199 1). In the criminal system, a forensic psychologist's traditional role may include evaluating criminal defendants (a) to determine whether they are competent to stand trial, (b) to determine what their mental state was at the time of the crime, or (c) to help the judge or the jury determine the proper sentence, including, in capital cases, whether the defendant should suffer the death penalty. In the civil system, a forensic psychologist may testify about the mental capacity and propensity for violence of someone that the state wishes to involuntary hospitalize (civilly commit) and then offer recommendations for appropriate inpatient treatment. In the juvenile system, the forensic psychologist may offer an opinion, after an assessment, about whether a minor should be tried in juvenile court or waived for trial to an adult court (e.g., when the minor has allegedly been involved in a serious crime, particularly a violent one). Finally, a more academically oriented psychologist may consult with a party in litigation about legal tactics, jury selection, or the influence of pretrial publicity on jury objectivity Many of these, as well as other, functions are performed by psychologists who identify themselves as forensic specialists. They may belong to Division 41 (American Psychology-Law Society) of the American Psychological Association, or they may have been awarded a diploma by the American Board of Forensic Psychology-signifying that they meet certain educational, experiential, and evaluative criteria identifymg them as having forensic expertise. They usually are employed by state-run institutions, but they are also found in community mental health centers and in independent practice (Grisso, 1987). These psychologists, primarily clinicians, spend a great deal of time in the courtroom and are frequent visitors to the witness stand.It would be a mistake, however, to believe that only those psychologists who identify themselves as forensic mental health professionals will find themselves involved with the law.