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FORENSIC PSYCHOLOGICAL REPORT

The psychological report is a written document, prepared by a psychologist in order to


capture the results of a psychological evaluation, its purpose is to advise or guide
decision-making by the person or institution to which it is directed. The psychological
report must be a clear, orderly, brief document with understandable and scientifically
reliable language (Baena, 2015, p. 46).

For Fowler (1998), the forensic psychological report is that tool with demands for
specialization or expertise, whether acquired through the process of professionalization
of the activity or empirically, and this introduces two difficulties: which are the fear of
an irreversible definition and a difficulty of integrating isolated communications.

According to Soria (1998), forensic psychologist reports denote the evaluation of the
credibility of the witnesses, the analysis of the minor as a witness in the criminal
process that is being carried out, the assessment of the perception and memory of the
witnesses who appear in the trial, the ability of the accused to attend the trial, the
neuropsychological consequences and the mental capacity of the victim. The findings
that are given by virtue of this psychological expertise constitute a report and when this
is presented in the oral trial they may be classified as opinions if they have been
requested by the parties.

In the forensic psychological report, the expert psychologist must assess the facts or
those psychological circumstances that are of interest for the judicial process that is
being carried out, expressing the information that the judge has requested, even without
being binding for his or her opinion. This report presents a person's opinion on
controversial events based on their technical knowledge, but in no case does it provide
direct knowledge of how they happened, which is why the psychologist captures the
results and conclusions of the expert opinion in the report. psychological that he carried
out. (Olmedo and Dorta, 2003).

How is a forensic psychological report carried out?

The creation of a report begins with a clinical interview in which the most relevant
aspects that may respond to the objectives set out in the report are evaluated. After this
interview, all types of diagnostic psychological tests are carried out and all the
information collected is analyzed (ForCrim, 2015).

With all the information obtained, the report is written that will serve as support in the
judicial process. Furthermore, it is likely that during the trial the forensic psychologist
will have to ratify and explain this report in front of the judge during the trial (ForCrim,
2015).

In what cases may a forensic psychological report be necessary?

Forensic psychological reports can be used and required in all types of legal processes,
both criminal and civil, as well as family, labor and juvenile proceedings (ForCrim,
2015).

In this way, expert reports are an instrument that can help in processes such as
(ForCrim, 2015):

Criminal law

– Psychological assessment of the capacity to be judged.

– Assessment of imputability.

– Assessment of victims of sexual crimes.

– Assessment of psychological consequences.

– Evaluation of credibility of the testimony.

– Evaluation of the risk of recidivism.

– Evaluation of criminal dangerousness.

– Establishment of security measures.

– Individualization of penalties.

– Selection of jury members.


Civil law

– Testamentary capacity.

– Ability to marry.

– Separation, divorce and marriage annulment.

– Emancipation.

– Assessment of civil liability.

– Declaration of prodigality.

– Sex change processes.

Minors Area

– Assessment and evaluation of the psychological state.

– Evaluation of the credibility of the testimony.

Family right

– Adoption and changes in guardianship.

– Guardianship and custody of minors.

– Psychological effects of separation and divorce.

- Custody.

– Regime of visits, stays and communications.

– General measures and recommendations.

Labor Law
– Labor conflicts.

–Burnout.

– Mobbing (workplace harassment).

– Work incapacity and disability.

– Psychological consequences in work accidents.

STRUCTURE OF THE FORENSIC PSYCHOLOGICAL REPORT

Below, reference is made to two models, the first of which is the one proposed by
Simoes (2011), university psychologist-teacher at the Faculty of Psychology and
Education of the University of Coimbra, Portugal (Rodríguez and Delgado, 2015). :

1.- Elements related to the professional who issues the report

 Formal aspects of the psychologist's experience and training, including


information such as degrees obtained, positions held, experience with different
populations or groups.

2.- General information

 Name of subject, age, location where accused, sources of report, crime


committed, current circumstances, a brief history of transgressions, number and
date of evaluations, and possible referral to other professionals.

3.- Circumstances of the order

 The origin and nature of the request, the legal questions for which a response is
required, circumstances surrounding the request for evaluation and summary of
the request must be identified.

4.- Introduction

 Sources of information used, witnesses and evaluation methods. It may include a


description of how the defendant responded to the evaluation.
5.- Contextual information

 Relevant information related to the family context, school learning, occupational


history, economic history, sexual history, psychiatric history.

6.- History of the crime

 It records the evolution of offensive behavior over time, referring to facts and
not explanations.

7.- Evaluation of current operation

 The behavior, affections, intellectual functioning and social skills currently


present in the repertoire of the offending subject.

8.- Formulation

 This section should describe what problems the transgressor experiences, as well
as the resources he or she has. It is due to differences in psychiatric,
psychological and social problems.

9.- Recommendations

 Recommendations must be explicit and logically related to the explanatory


concepts and conclusions stated in the report.

10.- Summary and/or conclusion

 It must include the objective of the report, the evaluation methods, the results,
the formulation and the recommendations. It may also include one or more
specific opinions of the expert in response to hypothetical questions posed by
the judge or attorneys.

In Colombia, the National Institute of Legal Medicine and Forensic Sciences


(INMLYCF) in its Resolution 430 of April 27, 2005, adopts the protocol for the
presentation of reports or expert opinions issued by forensic laboratories, establishing
different elements that the opinions must contain and expert reports (Rodríguez and
Delgado, 2015):

Preamble

Data that identifies the institution

1.- Identification of the laboratory

 Letterhead of the organization issuing the opinion

2.- Identification of the expert opinion or report

 Title, city and date, unique identification number (consecutive numbering)

3.- Identification of the recipient authority

 Recipient's name (bold capital letters), position, entity, address and city name.

4.- Identification and references of the application

 Identification of the application, identification of the requesting authority,


summary number, name of the persons related to the application, filing number
and date of receipt of the application, date of receipt of the application in the
laboratory and date of completion of the analysis.

Content of the opinion or expert report

1.- Description of the elements received for study

 Detailed list of the elements or samples received for the different studies.

2.- Reason for the expert opinion

 Transcribe verbatim and in quotes the questionnaire or request from the


requesting authority.

3.- Methods used


 Methods that allowed us to reach the results.

4.- Instruments used

 Instrument list

5.- Findings

 Findings obtained in the study carried out

6.- Interpretation of the results

 Technical or scientific interpretation of the expert of the findings obtained.

7.- Conclusions

 Clear, precise, detailed and based on the interpretation of the findings obtained.

8.- Bibliographic references

 If bibliography is used, it must be referenced.

9.- Observations

 Suggestions or comments that you consider of interest to the authority.

10.- Remnants, countersamples and support material

 Record if there are any remnants, countersamples or supporting material.

11.- Chain of custody certification

 Certify that the analyzed element was in permanent custody.

12.- Annexes

13.- Name and signature of the expert

14.- for future references


15.- End of the opinion or expert report

GROUP CONCLUSION

BIBLIOGRAPHY

 TO THE. Rodríguez-Padilla and EC. Delgado-González. (June 12, 2014). Parts


of the forensic psychological report in legal contexts. [Blog message].
Recovered from http://psicojuridicaforense.blogspot.com/
 (2015). FORCRIM – FORENSIC AND CRIMINAL PSYCHOLOGY. Forensic
Psychological Report. Retrieved from: http://www.forcrim.com/informe-
psicologico-forense/
 Baena. S. (2015). psychological reports, sexual crimes and court sentences.
Forensic Psychological Report. Recovered from:
http://repositorio.cuc.edu.co/xmlui/bitstream/handle/11323/640/1140844181.pdf
?sequence=1

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