Forensic Examinations / Expert Testimony
Forensic psychology is the interface between psychology and
the law, so all psychological services provided for the legal
community are forensic psychological services. However, forensic
psychologists provide services which are both clinical and
forensic in nature. When a psychologist treats an individual
who was emotionally traumatized by an accident, the treatment
is clinical in nature, designed to assist the individual in
recovering from the trauma. But when asked to provide a report
for the court, regarding the extent of the trauma, and to
assess the psychological damage incurred, then the psychologist
is providing forensic services. Psychological evaluation and
consulting services intended to assist the courts in determining
decisions regarding family, civil, or criminal matters, require
a detailed, situation-specific assessment strategy which goes
beyond the typical psychological evaluation completed for
clinical purposes:
- The summary and conclusions must relate directly to the
legal issues of the case.
- The relationship between psychological factors and the
legal issues should be described.
- The findings should reflect standard psychological practice.
- Criticism of other experts and/or treatment providers
is acceptable, but the expert should explain identified
problems with their methods and/or conclusions.
- Research that supports the expert's conclusions should
be noted.
- The recommendations must be practical.
- Treatment recommendations should reflect services available
in the community.
- Implementation of the recommendations must be possible
within the of the legal system.
- Recommendations should be clearly stated without professional
jargon.
After completing a forensic evaluation, psychologists should
be able to logically defend their conclusions, using explanations
which are understandable to non-psychologists. Psychological
experts must be able to explain complex psychological issues
to non-psychologists, whether it be to a judge or to a jury,
as the finder of fact. The issues should be presented in clear
and simple language. The conclusions and recommendations of
the expert should assist the fact finder in reaching a decision,
and should not add confusion to that process. For these reasons,
psychologists who complete forensic evaluations should have
a broad clinical background, excellent assessment skills,
superior communication skills, and experience in completing
psychological evaluations in a legal setting. Psychologists
should evaluate the facts of the case, and render an opinion
regarding the psychological issues present. Psychologists
should not offer opinions outside their area of professional
competence. Psychologists are expected to function as experts
within the limitations of their profession, and must recognize
and identify those limitations as part of their work as experts.
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