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)
