Forensic Psychology

James Davidson Ph.D.

What is Forensic Psychology?

• The intersection of law and psychology

• Addresses psycho-legal issues
• Requires expertise beyond clinical or
academic experience
• Is a relatively new field
• Focuses on functional behavior rather
than treatment or diagnosis
The Psycho-Legal Intersection

• Criminal litigation
• Civil litigation
• Attorney Consultation
• Review of psychological reports,
treatment, and evaluations
• Research of psycho-legal issues
Clinical vs. Forensic Psychology
10 Essential Differences

1) Who is the client

2) Relational privilege
3) Evaluative attitude
4) Areas of competency
5) Hypotheses tested
Clinical vs. Forensic Psychology
10 Essential Differences

6) Data scrutiny
7) Structure
8) Adversarial nature
9) Goal
10)Negative impact
 Clinical vs. Forensic Psychology
Ethical Boundaries

• Limits on the scope of testimony for a

clinical (fact) witness

• Limits on the scope of testimony for a

forensic (expert) witness

• Forensic experts do not testify “for

people” but rather “about people”
The Role of Forensic Psychology
• “In forensic testimony and reports,
psychologists testify truthfully, honestly, and
candidly and, consistent with applicable legal
procedures, describe fairly the basis for their
testimony and conclusions.”

• Forensic Psychologists do not “…participate

in partisan attempts to avoid the presentation
of evidence contrary to their own position.”

(Ethical Principles of Psychologists and Code of

Conduct – APA, 2002)
The Role of Forensic Psychology

• Forensic psychologists realize that their

public role as “expert to the court” or as
“expert representing the profession”
confers upon them a special
responsibility for fairness and accuracy

(Speciality Guidelines for Forensic

Psychologists, APA 1991)
The 5 Types of Forensic Exams

1) Individual rights and liberties, e.g. is

a person competent to write a will.
2) Juvenile and family matters, e.g. child
custody.
3) Psychological injuries and damage
4) Criminal competence, e.g.
competence to stand trial
5) Criminal responsibility, e.g. mental
state at time of the offense, mitigation
Forensic Examination Essentials

• Clarity of the referral question

• Informed consent of the attorney unless
Court ordered
• Informed consent of the parties unless
Court ordered
• Multiple methods of gathering data
• Focused reporting meeting minimal
standards of quality
• Results tied to the appropriate statute(s)
Forensic Report Elements

Forensic examinations should be based on

multiple methods of data collection

1) Direct interview
2) Testing
3) Observation
4) Collateral contacts
5) Record review
Forensic Examination Reliability

• Reports must contain reliable data

capable of meeting a Daubert standard

• Examples that may not be reliable

– Abel Sexual Offender evaluations
– Rorschach as typically used
– Inappropriate testing
Implications for Criminal
Litigation

• Miranda Waiver
• Competence to Stand Trial (CST)
• Mental State at Time of Offense (MSO)
• Child and Elder Abuse
• Risk Assessment, including domestic
violence and sexually violent predators
• Mitigation, including capital cases
Implications for Civil Litigation

• Substituted Judgment: Guardianship

and Testamentary Capacity
• Child Custody
• Child Protective Custody including
Termination of Parental Rights
• Tort Damages
• Workplace Discrimination
• Immigration Deportation Hardship
A Common Problem When…

 Forensic psychologists don’t educate the

Court or attorneys concerning their
neutral role as assisting the Trier of fact
A Common Problem When…

 Forensic psychologists don’t

communicate their findings clearly to the
attorneys and Court.
A Common Problem When…

 Forensic psychologist fails to impartially

and accurately assist the Trier of Fact
A Common Problem When…

 Forensic psychologists release interim

reports
A Common Problem When…

 The Court provides examination orders

that cross ethical boundaries, e.g.mixed
roles or using health insurance
A Common Problem When…

 Attorneys provide vague referral

questions
A Common Problem When…

 Attorneys provide limited cooperation in

obtaining case and collateral data
A Common Problem When…

 Attorneys approach the case with an

assumed outcome for the forensic
psychologist
Becoming a Forensic Psychologist

• No formal graduate programs

• CE the customary formal training

• Post-Doc training and apprenticeship

Forensic Psychology Certification

• American Board of Forensic

Psychologists (ABFP) is the only APA
approved certification

• There are several vanity boards, e.g.

American College of Forensic Examiners

• Certification is not as important as the

quality of the work product
Standards & Guidelines

• Ohio State Board of Psychology: laws,

rules and related statutes

• APA Ethics and Code of Conduct (2002)

• Association of State and Provincial

Psychology Boards Code of Conduct

• APA Specialty Guidelines for Forensic

Psychology
Standards & Guidelines

• APA Guidelines for Psychological Evaluations in

Child Protection Matters

• APA Guidelines for the Evaluation of Dementia

and Age-Related Cognitive Decline

• AFCC Model Standards of Practice for Child

Custody Evaluations

• APA Guidelines for Child Custody Evaluations in

Divorce Proceedings
The Psycho-Legal Intersection

• Criminal litigation

• Civil litigation

• Review of psychological reports,

treatment, and evaluations

• Research of psycho-legal issues

The Psycho-Legal Intersection

• Jury Selection

• Witness Preparation

• Case Preparation when other forensic

psychologist report(s) are involved
Contact Information

• James Davidson Ph.D.

• Forensic and Clinical Psychologist
• Web: www.jamesdavidson.net
• Civil and Criminal Litigation Exams
• Juvenile and Adult

4212 State Route 306 Ste-306

Willoughby, OH 44094
440.942.0100 (w) or 216.402.5064 (c)