Forensic psychology, second edition matthew t huss

FORENSIC PSYCHOLOGY
RESEARCH,
CLINICAL PRACTICE,
AND APPLICATIONS
SECOND EDITION

MATTHEW T. HUSS
CREIGHTON UNIVERSITY


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Library of Congress Cataloging-in-Publication Data

Huss, Matthew T.
Forensic psychology : research, clinical practice, and applications / Matthew T. Huss, Creighton
University. — 2nd edition.
pages cm
Includes bibliographical references and index.
ISBN 978-1-118-55413-5 (pbk.)
1. Forensic psychology. I. Title.
RA1148.H87 2014
614'.15—dc23
2013007830
Printed in the United States of America
10 9 8 7 6 5 4 3 2 1


Contents

Preface
Acknowledgments

1

2

What Is Forensic Psychology? An Introduction

xi
xv

1

What Is Forensic Psychology?
Is this forensic psychology?
The origin of forensic psychology
Our definition of forensic psychology
History of forensic psychology
Major Areas of Forensic Psychology
Structure of the legal system
The Relationship of the Law and Psychology
The conflict between psychology and law
Education and Training in Forensic Psychology
How do I become a forensic psychologist?
Careers in forensic psychology

1
2
3
4
5
7
10
12
13
14
14
18

Assessment, Treatment, and Consultation in
Forensic Psychology

21

Forensic Assessment
Important tasks in forensic assessment
Core concepts in assessment: Reliability and validity
Distinguishing therapeutic assessment from forensic assessment
Methods and procedures: Interviewing
Methods and procedures: Psychological testing
Archival information

22
22
24
24
26
29
33


iv

Contents

3

4

The use of written reports in forensic assessments
and guidelines
Treatment in Forensic Contexts
Who are we treating?

Types of treatment
Success of offender programs
Successful offender programs
Forensic Consultation

34
36
38
40
41
41
43

Expert Testimony and the Role of an Expert

47

History of the Expert Witness
Admissibility of Expert Testimony
Frye standard
Daubert v. Merrell Dow
The rest of the Daubert trilogy
Challenges to Expert Testimony
Cross-examination
Opposing expert
Judicial instructions
Factors That Influence Expert Witness Credibility
Criticisms of Expert Testimony
Taking over the courtroom
Ultimate issue testimony

Corruption of science
Ethics of the Expert
Competence
Informed consent and confidentiality
Financial arrangements
Multiple relationships
Syndrome Evidence: Controversial Area of Expert Testimony
Profile and syndrome evidence

48
49
50
51
53
54
54
55
56
56
57
57
58
59
62
63
64
65
65
66
66

Psychopathy

71

The Nature of the Psychopath
A popular operationalization of psychopathy:
The Psychopathy Checklist
Use of the PCL-R in the practice of forensic psychology:
Field research
The Relationship of Criminal Behavior and Violence
to Psychopathy
General violence and criminal behavior
Sexual violence

72
73
77
79
79
81


Contents v

5

6

Violence in civil psychiatric patients

Violence among domestic violence perpetrators
What Else Do We Know about Psychopathy?
Interpersonal-affective aspects of psychopathy
Cognitive and learning deficits associated with psychopathy
Biological basis for psychopathy
Treatment of psychopathy
Special Groups and Psychopathy
Women
Ethnic and cross-cultural issues
Children and adolescents
Legal and Ethical Issues Involving Psychopathy
Capital sentencing and the use of psychopathy

82
82
83
83
85
86
87
89
89
90
91
93
93

Violence Risk Assessment

96

Nature of Violence and Violence Risk Assessment
Defining violence
Violence as a choice
Legal Realities of Violence Risk Assessments
The Evolution of Risk Assessment
Early history of risk assessment
Clinical, Actuarial, and Structured Risk Assessments
Clinical assessments of violence
Actuarial measures of violence
Structured professional judgments
Risk and Protective Factors
Static risk factors
Dynamic risk factors
Protective factors
Accuracy of Risk Assessment
Difficulties in risk assessment
When are we good at assessing risk?
Communicating Risk

97
97
97
99
101
102
103
104
105
109

110
111
112
114
115
115
116
117

Sexual Offenders

120

What Is a Sexual Offender?
Assessment of Sexual Offenders
Phallometric assessment: Penile plethysmograph (PPG)
Psychological assessment
Risk assessment and recidivism
Risk assessment instruments for sexual offenders
Use of sex offender risk assessment measures in the field

121
123
124
126
127
129
132

vi

Contents

7

8

Treatment and Management of Sexual Offenders
Are sexual offender treatment programs successful?
Components of potentially successful programs
Special Groups of Sexual Offenders
Juvenile sexual offenders
Female sexual offenders
Clergy as sexual offenders
Online child pornography offenders
Sexual Offender Legislation
Registration and notification laws
Residency laws
Sexually violent predator laws

133
133
135
136
136
137
139
140
141

141
143
143

Civil Commitment

146

What Is Civil Commitment?
Criteria for Civil Commitment
Mental illness
Dangerousness
Need for treatment
Process of Civil Commitment
Outpatient commitment
Empirical examination of outpatient commitment and
other changes in commitment laws
Coercion of Civil Commitments
The impact of coercion on civil commitment
Sources and frequency of coercion
Right to Make Treatment Decisions and Refuse Treatment
Competency to make treatment decisions
Mental health advanced directives
Practice of Civil Commitment
Assessment and treatment of committed patients
Assessment of danger to self
Assessment of danger to others

146
150

150
151
153
153
154

Criminal and Civil Competence

167

Raising the Issue of Competency in Criminal Proceedings
Competency to Stand Trial (CST)
Prevalence of CST
Procedures in CST
Competency evaluations
Forensic assessment instruments for competency

168
168
169
170
171
173

156
157
158
159
160
161

162
163
163
164
164


Contents vii

9

10

Other Variables Related to Competence
Scope of practice in competency evaluations
Restoration of Competency
Competency restoration programs
Other Criminal Competencies
Competency to be executed
Competency to waive Miranda rights
Competency to refuse the insanity defense
Civil Competencies
Competency to be treated
Competency to execute a will
Competency related to guardianship

178
178
179
182

184
184
185
185
186
187
187
188

Insanity, Criminal Responsibility,
and Diminished Capacity

190

Rationale for Insanity Defense
Insanity Standards
Wild beast standard
M’Naghten
The product rule and Durham
American Law Institute (ALI) Rule and Brawner
Insanity Defense Reform Act (1984)
Guilty but mentally ill
Challenges to the insanity defense
Studies Assessing the Insanity Standards in Mock Jurors
Insanity Myths
Evaluations of Insanity
Common procedures for insanity evaluations
Reliability and validity of insanity evaluations
Forensic Assessment Instruments
Malingering and insanity

Other Issues of Criminal Responsibility and
Diminished Capacity

193
194
195
195
197
198
199
200
201
202
203
208
208
209
210
211

Domestic Violence and Stalking

215

Defining and Identifying the Prevalence of
Domestic Violence
Factors that influence prevalence figures
Assessment of Domestic Violence among Intimate Partners
Assessing consequences of domestic violence
Psychological consequences of domestic violence

216
216
218
219
220

213


viii Contents

11

12

Risk Factors and Risk Assessment in Domestic Violence
Risk factors for domestic violence
Assessing risk and recidivism
Domestic Violence Treatment
Educational and psychological treatment
Community-based interventions
Criminal justice interventions
Gender Differences in the Perpetration of Domestic Violence
Stalking

221
222
226
228

229
231
231
233
234

Juvenile Delinquency and Juvenile Justice

238

History of the Juvenile Court
Processing in the Juvenile Courts
Juvenile Delinquency and Juvenile Offenses
Risk factors for juvenile delinquency
Juvenile Violence
Risk factors for nonsexual violence
Risk factors for sexual violence
Role of the Forensic Psychologist in Juvenile Courts
Evaluating treatment amenability
Providing treatment
Transfer evaluations
Competency evaluations
Insanity evaluations
Risk assessment
Special Issues in Regard to Juveniles: School Violence
School violence and school shootings

240
242
244

245
247
247
248
250
251
251
253
254
255
255
256
256

Child Custody

260

Legal History and Assumptions about Child Custody
Legal standards and preferences for child custody
Additional legal preferences
Child Custody Laws and Professional Guidelines
Professional guidelines for child custody evaluations
Forensic Practice in Child Custody Evaluations
Format and methods utilized in child custody evaluations
Surveys of clinical practice and psychological testing
Difficulties in child custody evaluations

261
262

264
265
265
267
267
269
272


Contents ix

13

Effects of Custody and Divorce on Children
Effects of divorce on children
Impact of custodial arrangement
Positive post-divorce outcomes
Child Abuse

274
275
276
277
278

Personal Injury and Discrimination in Civil Law

282

Legal Bases for Personal Injury Cases: Torts and

Civil Law
General Forensic Practice in Personal Injury Cases
Malingering in personal injury cases
Typical Injuries Involved in Personal Injury Claims
Posttraumatic stress disorder (PTSD)
Traumatic brain injury (TBI)
Chronic pain
Psychological Independent Medical Evaluation
Workers’ Compensation
Sexual Harassment and Employment Discrimination

283
285
286
288
289
291
294
296
297
299

Glossary
References
Name Index
Subject Index

303
309
359

365



Preface

Forensic psychology is becoming increasingly popular both on the graduate and the
undergraduate level. However, the very term forensic psychology is interpreted differently
by scholars and the general public. Some experts in the field use it to describe the
broad field of psychology and law that includes the clinical practice of psychology,
correctional psychology, police psychology, and nonclinical areas of psychology and the
law (e.g., jury behavior, eyewitness identification). There are several textbooks available
that focus on the broader field. However, there is a lack of high-quality textbooks that
focus solely on the clinical practice of forensic psychology, which is primarily exemplified in the assessment and treatment of individuals who interact with the legal system,
for undergraduate students and even beginning graduate students. This textbook was
designed to focus on the more narrow or traditional definition of forensic psychology—
the practice of forensic clinical psychology. The second edition of this text continues
to address several specific objectives in introducing this field to students.
1. The need for clinical psychologists to practice within their scope of practice as a
forensic psychologist is emphasized. Scope of practice is defined by adhering to
the empirical literature, practicing within one’s expertise, and avoiding practice as
a legal actor (e.g., attorney,  judge, and jury) and instead practicing as a psychologist within the legal context. Throughout the text, scope of practice issues are
mentioned and at times explained in great depth. Furthermore, the legal and
ethical ramifications for practicing outside one’s scope of practice are discussed.
2. Accordingly, the text focuses on empirically supported clinical practice and places
little emphasis on aspects of forensic psychology that currently have little empirical support or are purely sensational. It is not within the scope of this text to
identify the best clinical practice, but there will be emphasis on the use of research
and the need for forensic psychologists to be scholar-practitioners. Part of this
emphasis will be to critically evaluate aspects of clinical practice that need greater
empirical support. I have attempted to further emphasize this process by including

one text box in each chapter as a Focus on Research in the second edition.


xii

Preface
3. The text also exposes students to case law and statutory law necessary in the
practice of forensic psychology. Students should recognize that forensic psychologists need to be familiar with the law in a given jurisdiction in order to
be useful to the courts. Significant discussion of case and statutory law also
enables students to understand the role of the law in shaping forensic psychology and the lives of people impacted by forensic psychology.
4. This text encourages understanding of the law as a living and breathing entity
in the practice of forensic psychology, as in its ability to be therapeutic or antitherapeutic to the people impacted by it. Though significant discussion of the
term therapeutic jurisprudence is removed in the second edition, I still believe it
is important to anchor students to the importance of the law and to suggest
that the law can have negative or positive effects, depending on both its original
determination and the manner in which it is applied.
5. This text tries to incorporate real-world examples that grab the attention of
students. Case studies and real-world examples are a regular part of the textbook
both in terms of special text boxes and integration within the text itself. This
objective is especially important in a textbook focusing on the practice of
clinical psychology in order to give the student some introductory semblance
of the actual practice of forensic psychology. The examples have been updated
in the second edition to include more recent current events.
6. This textbook is intended to be user-friendly for both students and instructors.
The writing style is intended to be scholarly but engaging to students. Not
only is this textbook’s focus on the application of forensic psychology, but it
also focuses on helping students get an accurate understanding of the necessary
training/education and available employment opportunities. For the instructor,
there are a limited number of primary chapters in order to make the text flexible so that instructors can choose chapters as their own interest/expertise
dictates or supplement the text as they desire.The second edition has attempted

to improve on this by clearly identifying chapter objectives in the beginning
and then focusing on more abstract or integrative ideas in the Reflection and
Review section at the end of the chapters.
The textbook is organized into five different sections. The first section of the text covers the Fundamentals of Forensic Psychology and includes three chapters. Chapter 1,
What Is Forensic Psychology?, serves as the primary introductory chapter and begins
to introduce the ideas that students will see throughout the textbook. Chapter 1 focuses
on defining what forensic psychology is and what forensic psychology is not. The more
sensational aspects of forensic psychology are mentioned along with often inaccurate
media depictions. The broader field of psychology and law is referenced, but it is made
clear that the primary focus of this textbook will be on the clinical practice of forensic
psychology. The chapter concludes by discussing the training and education necessary
to become a forensic psychologist. Chapter 2, Assessment, Treatment, and Consultation
in Forensic Psychology, serves as another introductory chapter and describes clinical
assessment and treatment broadly and within a forensic context. Specifically, it discusses


Preface
the unique challenges that forensic psychologists often face clinically, legally, and ethically. The term scope of practice is introduced and explained as it will be integrated
throughout the entire text. The final chapter of this first section, Expert Testimony and
the Role of the Expert, offers an introduction to the importance of the law in the
practice of forensic psychology. Readers are encouraged to think about the far-reaching
effects of the law, not only in terms of the practice of forensic psychology but also on
the people who are directly involved in the legal system. The idea of therapeutic jurisprudence is introduced and will be used throughout the entire text as a theme. All of
this material is organized around the widening role and potential impact of forensic
experts and expert testimony.
The second section of the textbook is organized under the category of Violence
and Forensic Psychology. Chapter 4 is devoted entirely to a discussion of psychopathy.
Careful attention is given to the distinction between psychopathy and antisocial personality disorder. This chapter reviews the general literature focusing on psychopathy
and its relevance to violence specifically. Chapter 5, Violence Risk Assessment, reviews
the history of clinical and actuarial risk assessment along with the limitations of both.

Specific discussion of several actuarial or structured approaches to risk assessment will
be made within the context of performing risk assessment and risk management across
clinical settings and situations.The final chapter of this section, Sexual Offenders, examines sexual offending against adults and children as it receives increasing attention from
the media and in the scientific literature.This chapter discusses the treatment, assessment,
and risk assessment of sex offenders. Special attention also is given to the different laws
affecting sexual offenders such as community notification, registration laws, and sexually
violent predator (SVP) laws.
The third section, Mental Health Law and Forensic Psychology, begins with Chapter 7,
Civil Commitment. This chapter is the first of three that will focus on the general role
of mental capacity and the idea that the law often changes in how it defines mental
illness, depending on the legal issue. It defines civil commitment, describes the historical
basis for it, and discusses the more recent evolution in civil commitment procedures.
Specifically, outpatient commitment, psychiatric advanced directives, and coercion are
examined in some depth. Chapter 8, Civil and Criminal Competence, focuses on the
issues surrounding civil and criminal competency and the distinction between criminal
competency and insanity. It examines the different points along the adjudication process
at which competency can be raised and the relevant legal cases and measures used in
clinical practice, with much of the focus on competence to stand trial. In Chapter 9,
Insanity and Criminal Responsibility, the varying standards of insanity are discussed
along with other relevant changes to related legal issues. The relevant clinical measures
and the various myths surrounding insanity are examined in depth. Various other legal
defenses involving criminal responsibility also are briefly discussed. Students are exposed
to the interrelationship between of civil commitment, insanity, and competency.
In the fourth section of the textbook, Children and Family in Forensic Psychology,
there are three chapters that all touch on some aspect of the family. Chapter 10,
Domestic Violence and Stalking, begins by defining domestic violence and discusses
the importance of critically evaluating the literature in regard to prevalence rates. The

xiii

xiv

Preface
chapter focuses on the etiology, assessment, risk assessment, and treatment of domestic
violence perpetrators. The chapter discusses the psychological and social aspects of
domestic violence. Chapter 11, Juvenile Delinquency and Juvenile Justice, focuses on
the changing role of the juvenile courts in reaction to the public perception of juvenile
crime and the realities of juvenile violence. The differences between juvenile offenders
and adult offenders are examined and specific attention is given to the myths and realities surrounding school shootings. Chapter 12, Child Custody, exposes students to the
legal and psychological literature involving child custody determinations. Special attention is paid to the differences between child custody evaluations and psychological
evaluations, along with scope of practice issues involved in this difficult area of practice.
In addition, child abuse is discussed generally and in terms of its relevance to child
custody situations.
The final section of the textbook, Civil Aspects of Forensic Psychology, consists of
one chapter but covers several aspects of civil law relevant to forensic practice. Chapter
13, Personal Injury and Discrimination in Civil Law, focuses on several areas of forensic
psychology that are less sensational and severely understudied. Nonetheless, the area
may represent the largest area of forensic practice. This chapter describes areas such as
personal injury, psychological independent medical evaluations, workers’ compensation
claims, sexual harassment, and employment discrimination. These areas of forensic psychology are often ignored in the research but offer a unique opportunity for the practice
of forensic psychology.
Several changes have been made to this second edition. The research has been
updated throughout and discussion now frequently reflects changes in the developing
research. For example, field reliability issues of long well-accepted techniques are mentioned in numerous chapters throughout this edition. Another discussion now addresses
the evolving research regarding the measurement of psychopathy with only the PCL-R.
The Focus on Research boxes highlight particular research studies in more depth at
least once per chapter, Also, more information has been added about treatment-related
aspects throughout the textbook to balance out some of the assessment focus. In regard
to the instructor materials, the multiple-choice items have been revised, essay and short

answer questions have been added, and the PowerPoint slides have been updated to
reflect changes and improvements.


Acknowledgments

The number of people contributing to this edition of the book continues to grow. At
a very foundational level, I would like to thank Betsy Adherhold for some of the early
research and Kristen Davis for her help updating the instructor materials. I would also
like to thank Alan Buttars for his meticulous editing of an initial draft. However, this
edition would never have been possible without the clients and students who have
provided me with examples and asked the good questions that challenge me to better
communicate the information and hopefully be a better clinician. Finally, I would not
be able to do any of this without the support of my wife and three daughters. They
make any endeavor worthwhile. Thank all of you.



1

What Is Forensic
Psychology? An
Introduction

Chapter Objectives
1.
2.
3.
4.

Define forensic psychology and differentiate it from related fields
Understand the development of forensic psychology
Know some of the basic structure and function of the legal system
Begin to appreciate the importance of the law in the practice of forensic
psychology
5. Identify training and professional opportunities in forensic psychology

What Is Forensic Psychology?
You have opened this book looking forward to learning something about forensic
psychology, one of the fastest growing areas in all of psychology. But do you really
know what forensic psychology is? Is it like those Crime Scene Investigation (CSI) shows
on television? Does forensic psychology involve apprehending serial killers? It has to be
like the movies! Silence of the Lambs? Kiss the Girls? These are the types of things forensic
psychologists do, right? These images may portray limited aspects of forensic psychology
that tantalize the public. However, similar examples might give inaccurate impressions
of forensic psychology. Ultimately, these images get people interested in the topic and
encourage us to think about the horrific things human beings are capable of at their
worst. Nonetheless, forensic psychology is so much more than these sensational aspects.
I rarely tell people when I meet them that I am a forensic psychologist. I usually
tell them I work at the local university. My proud father thinks my response makes it
sound like I sweep the floors instead of work as a college professor. However, the images
that come to mind for the average person when you state that you are a forensic psychologist are sometimes difficult to correct. In this chapter, I am initially going to spend


Forensic Psychology
some time clarifying the nature and limits of forensic psychology along with offering
a specific definition of forensic psychology that we will use for the remainder of the
book. And don’t worry; some of those images that come to mind from the movies and
television are accurate. Figure 1.1 shows the seminal work of Dr.Theodore Blau, former
president of the American Psychological Association (APA).

Is This Forensic Psychology?
Many people equate forensic psychology with forensic science or law enforcement.
They believe that forensic psychologists arrive at a crime scene, survey the area, and

The Psychologist as Expert Witness, 2nd edition by Theodore H. Blau, © 2001, John Wiley & Sons, Inc.
Reprinted with permission by John Wiley & Sons, Inc.

2

Figure 1.1. Theodore Blau became the first independent clinical psychologist to be elected
president of the American Psychological Association in 1977 and began to pursue work in
forensic psychology soon thereafter. His books on forensic psychology serve as invaluable practical resources for practicing forensic psychologists to this day.


Chapter 1 What Is Forensic Psychology? An Introduction 3
eventually identify a number of psychological clues that will help catch the criminal.
You see these situations continually portrayed by television shows, in the news media,
and in movies. Research suggests these media images may be leading to a number of
incorrect perceptions about forensic science in general (Patry, Stinson, & Smith, 2008).
In fact, as these aspects of forensic science are more routinely used in court, they are
coming under increasing criticism for their poor reliability and validity (National
Research Council, 2009). However, psychologists are not typically called upon to collect
DNA specimens, analyze a sample of dirt left behind for the geographic location from
which it originated, or even conduct so-called psychological profiles. Forensic psychologists are not biologists or chemists and are rarely crime scene investigators or law
enforcement officers. It may sound odd, but they are just psychologists. They study
human behavior and try to apply those principles to assist the legal system.
When an old friend of mine comes into town, I often go over to her parents’ house
for a barbeque. One time her father asked me, knowing that I was a forensic psychologist, “How in the heck do you do therapy with dead people?” Now, while he was at
least thinking about forensic psychologists in terms of tasks that psychologists typically

perform (i.e., treatment of mental illness), he did not quite have it right when thinking
about my work as a forensic psychologist. I don’t often channel the dead but it really
would make my job easier if I had to predict the likelihood of future violence for
someone who died. A number of students come to me interested in using their psychology or criminal justice major and the knowledge of human behavior they have acquired
to “catch the bad guys.” I usually explain to these students that rarely are forensic psychologists called upon to apprehend suspects; in fact, a study found that only about 10%
of forensic psychologists and psychiatrists have ever engaged in criminal profiling and
only about 17% even believed it was a scientifically reliable practice (Torres, Boccaccini,
& Miller, 2006). Most students who are interested in catching criminals should look
into law enforcement rather than forensic psychology. However, if you are still interested
in forensic psychology as a possible career, you should know that you do get to spend
a considerable amount of time playing detective, but more on that later.

The Origin of Forensic Psychology
Part of the public’s misconception regarding forensic psychology stems from a lack of
awareness about the very origin of the word forensic itself. Although some people think
about forensic science and law enforcement when they think of forensic psychology,
others might think about high school speech and debate. Focusing on solving arguments
or being verbal adversaries in a speech and debate competition actually brings us a little
closer to the true meaning of forensic psychology. The word forensic originated from
the Latin word forensis, which means of the forum and was used to describe a location
in ancient Rome. The Forum was the location where citizens resolved disputes, something akin to our modern-day courtroom, and conducted the business of the day
(Blackburn, 1996; Pollock & Webster, 1993). From this context evolved the meaning
of forensic psychology. The role of the forensic psychologist is really pretty simple and
straightforward: forensic psychologists assist the legal system.


4

Forensic Psychology

Box 1.1. A Focus on Research: Criminal Profiling
in Forensic Practice
Torres, Boccaccini, and Miller (2006) conducted a study examining the attitudes of
forensic psychologists and psychiatrists in part
to assess the general acceptance of criminal
profiling as a way to address issues of its admissibility in court.We will discuss the importance
of the idea of general acceptance in terms of
the admissibility of expert testimony in courts
in Chapter 3. Nonetheless, psychologists routinely survey mental health professionals to
obtain an understanding of the frequency of
different techniques used in the profession as
a way to identify strengths and weaknesses in
our practice of forensic psychology and assess
whether a given approach should be admitted
into court based on the respect it has in the
profession. As a result, Torres and colleagues
surveyed 1,637 psychologists and psychiatrists
over the internet by soliciting members of different professional groups and received
responses back from 161, only a 9.9% response
rate. On the survey they asked five primary
questions, but alternated whether they asked
the questions first about criminal profiling or
used the term criminal investigative analysis, a
word that has been used more frequently in
lieu of criminal profiling because criminal profiling frequently has a negative connotation
among mental health professionals. Generally

speaking, the results did not find that participants answered the questions differently based
on the terminology. Overall, only 31.5% of
respondents said they were knowledgeable

about criminal profiling, 16.3% had training in
it, 10.9% had generated a criminal profile, 9.8%
had ever testified in court about criminal profiling, and 10.9% had ever been asked their
opinion about criminal profiling in court
before. Most interestingly, respondents who
were generally more knowledgeable about the
admissibility criteria for experts in court
believed that criminal profiling had less scientific merit. Psychologists were generally more
knowledgeable about admissibility than psychiatrists as well.
The study can be critiqued in ways that are
typical of survey approaches. First, the response
rate was generally poor. In such studies,
response rates approaching 30% or 40% are
more common. The reason that the response
rate matters is that you are hoping as a
researcher that the people who respond to
your survey are similar to the people who did
not respond. The greater your overall response
rate, the more confident you are of this outcome. A low response rate means that these
results may not be true of the wider audience
of forensic mental health professionals.

Our Definition of Forensic Psychology
Not only is there confusion in the general public about forensic psychology, but there
is even debate among psychologists about the nature of forensic psychology (Brigham,
1999; Hess, K. D., 2006). This debate has occurred not only in the United States, where
reforms in mental health law and increasing pressure from the courts for clinical
testimony have led to growth in the field, but also in Canada, Europe, and other parts
of the world (Blackburn, 1996; Ogloff, 2004). Broadly speaking, forensic psychology
refers to any application of psychology to the legal system. However, many refer to this

broader field as psychology and the law or psycholegal studies while specifying that forensic
psychology focuses on the application of clinical psychology to the legal system


Chapter 1 What Is Forensic Psychology? An Introduction 5
(e.g., Huss & Gonsalves, 2009). This narrower definition of forensic psychology excludes
topics such as eyewitness identification (cognitive psychology), polygraphs (physiological
psychology), jury behavior (social psychology), and the testimony of children in court
(developmental psychology). These other nonclinical aspects have a powerful impact on
the legal system and are extremely important in the psychological study of the law, but
they are beyond the scope of the current text. Students should check other sources
if they have interest in these aspects of psychology and the law (e.g., Brewer & Williams,
2005; Costanzo & Krauss, 2012; Greene & Heilbrun, 2010; Weiner & Hess, 2006).
We will focus on the aforementioned narrow definition of forensic psychology in
this book, concentrating solely on the practice of clinical psychology and its intersection with the law.The clinical practice of psychology generally focuses on the assessment
and treatment of individuals within a legal context and includes concepts such as psychopathy, insanity, risk assessment, personal injury, and civil commitment (Huss, 2001a,
2001b). Furthermore, we will generally avoid topics that are more characteristic of
police psychology (criminal profiling, fitness for duty evaluations, hostage negotiation)
or correctional psychology that focuses on issues pertinent to correctional facilities
(prisons and jails) but that do not lead to assisting the courts directly.
In using this definition of forensic psychology, we must also differentiate the practice
of forensic psychology from forensic psychiatry. Clinical and counseling psychologists
are often confused with psychiatrists. Although both psychologists and psychiatrists are
trained to assist individuals with mental illness and emotional difficulties in general,
there are significant differences (Grisso, 1993). Psychiatrists are medical doctors and
obtain MDs or DOs. Psychologists typically obtain PhDs or PsyDs. As a result, psychiatrists are licensed to prescribe medication and emphasize this aspect of patient care.
Traditionally, psychologists have not focused on the administration of medication,
specifically psychotropic medication, and instead have focused on the psychological
assessment and treatment of the mentally ill (see Chapter 2). Psychologists also usually
have more extensive training in conducting research (Grisso, 1993) and are therefore

better suited to examine many of the ideas we will discuss in this book. There will be
issues we focus on that are relevant both to forensic psychology and forensic psychiatry;
nonetheless, we will discuss them from the perspective of the forensic psychologist.

History of Forensic Psychology
Forensic psychology has a deep and extensive history that developed long before popular culture began to focus on it. See Table 1.1 for a brief list of important events in the
development of forensic psychology. Hugo Munsterberg is often identified as one of
the first psychologists to apply psychological principles to the law in his book
On the Witness Stand (1908). The German psychologist, William Stern, also focused on
the application of psychological principles to the legal system by studying eyewitness
identification in the early 1900s. However, the clinical practice of psychology, as it relates
to the legal system, began separately but at about the same time. The clinical practice
of forensic psychology is often attributed to Lightner Witmer and William Healy. Witmer began teaching courses on the psychology of crime in the early 1900s and Healy


6

Forensic Psychology
Table 1.1. Important Events in the Development of Forensic Psychology
1908
1908
1909
1921
1962
1969
1970s

Publication of On the Witness Stand by Hugo Munsterberg
Lightner Witmer teaching courses on the psychology of crime
Establishment of the Chicago Juvenile Psychopathic Institute

Psychologist allowed to testify as an expert witness in State v. Driver
Psychologists could testify in cases of insanity in Jenkins v. United States
Creation of the American Psychology-Law Society
Founding of scholarly journals that publish articles exclusive to forensic psychology

established the Chicago Juvenile Psychopathic Institute in 1909 to treat and assess
juvenile delinquents (Blackburn, 1996; Brigham, 1999), thereby serving as the first
significant examples of forensic clinical psychologists.
As psychology, and specifically the practice of clinical forensic psychology, began to
develop in North America during the twentieth century, psychologists were called upon
to apply their rudimentary knowledge to the legal system as expert witnesses (see
Chapter 3). For example, a psychologist was allowed to testify as an expert witness in
the United States in State v. Driver (1921) on juvenile delinquency (as cited in Johnstone,
Schopp, & Shigaki, 2000). Though the court later rejected the testimony ( Johnstone
et al., 2000), this event still marked an important step in the development of forensic
psychology. Court decisions such as State v. Driver tended to legitimize the profession,
provided a market for forensic psychologists, and indicated that the legal system sought
out psychology as another tool in arriving at fair and just legal outcomes. Nonetheless,
clinical psychologists were frequently limited in their testimony and often were not
allowed to offer a diagnosis because the courts believed that diagnostic impressions
could only be offered by medical professionals, mainly psychiatrists.
An appeals court ruling in the District of Columbia, Jenkins v. United States (1962)
marked an even more significant turning point for the entire field of forensic psychology. In Jenkins, the court ruled that psychological testimony could be admitted to
determine criminal responsibility (i.e., insanity). Forensic psychologists now routinely
evaluate and testify in insanity cases in the United States. These evaluations are necessary to determine whether defendants exhibit sufficient mental capacity at the time of
their crimes to be held responsible for them. Prior to the Jenkins ruling, psychological
testimony on insanity had largely been excluded in favor of testimony by physicians
and psychiatrists (Van Dorsten, 2002). Jenkins is one of the first examples in which the
law and the legal system influenced both research and the practice of forensic psychology. Specifically, it can be argued that the decision in Jenkins led to a boom in forensic
psychology in the United States during the 1960s and 1970s because of the courts

willingness to admit a variety of nonmedical testimony (Loh, 1981). Although the
Canadian legal system has arguably been less willing to allow psychologists to testify in
court, there have been changes to increase their involvement (Schuller & Ogloff, 2001).
Now that psychologists are increasingly being utilized by the legal system, a variety of
additional signs point to growth in the field. The largest and possibly most prominent
professional organization in forensic psychology, the American Psychology-Law Society,


Chapter 1 What Is Forensic Psychology? An Introduction 7
was first established in 1969 and has grown to over 3,000 members (Grisso, 1991; Otto
& Heilbrun, 2002). Furthermore, several forensic-related journals in psychology such
as Law and Human Behavior and Behavioral Sciences and the Law began publication in the
1970s (Melton, Huss, & Tomkins, 1999). All of these advances suggest a vibrant and
growing profession.Today the number of journals devoted to forensic psychology topics
and the number of graduate programs available has increased even further (see Adherhold, Boulas, & Huss, 2011, for a list of graduate programs).

Major Areas of Forensic Psychology
The nature of forensic psychology is probably still not totally clear to you. One way
to get a better idea about forensic psychology is to examine the major areas of forensic
psychology and the law itself.Typically, forensic psychology can be divided into criminal
aspects and civil aspects (see Table 1.2 for examples of forensic psychology in both).
This division of the roles and tasks of forensic psychology is based on the legal separation between civil and criminal law. Criminal law focuses on acts against society; it
is the government that takes the responsibility for pursuing criminal matters through
law enforcement officers and prosecutors.The focus of criminal law is to punish offenders in order to maintain a societal sense of justice and deter crime. The murder that
may have occurred last night or the mugging down the street are considered violations
of criminal law because we, as a society, do not consider these behaviors appropriate
and consider violations of criminal law an offense against any one of us. The state, or
the government, acts on behalf of society as the prosecution and files criminal charges
against a defendant when it believes an individual has violated criminal law.
There are a number of legal issues specific to criminal law that often play a role in

the practice of forensic psychology. For example, mens rea is a principle of criminal
responsibility that relates to an individual’s mental state. Mens rea, or guilty mind, means
that an individual has committed an unlawful act willfully or purposefully. It goes to
suggest the culpability or blameworthiness of a defendant. Although psychologists are
not called upon to render an opinion in every criminal case as to whether a defendant
suffered from a guilty mind, they are called upon in select instances. These instances
usually focus on the issue of insanity. In insanity cases, it is the responsibility of the
forensic psychologist to assist the court in identifying whether a defendant suffered

Table 1.2. Example Areas of Forensic Practice in Criminal and Civil Law

Criminal law

Civil law

Risk assessment at the time of sentencing
Insanity and criminal responsibility
Competency to stand trial
Treatment of sexual offenders
Juvenile transfer to adult court

Child custody
Civil commitment
Personal injury
Worker’s compensation
Competency to make medical decisions