FORENSIC PSYCHOLOGY UNIT-1

Forensic Psychology:
Forensic’- Originated from Latin word ‘Forensis’ meaning deliberations ‘In Open Court’.
‘Forensic Science’ is the application of various physical and social sciences to provide
scientific evidences to court of law
Forensic Psychology is the application of psychology to the criminal justice system. Forensic
Psychology knowledge is used in various forms, such as in treating mentally ill offenders,
consulting with attorneys (e.g., on picking a jury), analyzing a criminal's mind and intent, and
practicing within the civil arena.

History of Forensic Psychology

In 1879 Wilhelm Wundt, often called the father of psychology found the world’s first
psychological laboratory in Leipzig in Germany where was the first seeds of forensic
psychology planted. In 1893 James McKeen Cattell conducted some of the earliest research
on the psychology of testimony.
He also inspired many other psychology experts to conduct their research in eyewitness
testimony which further raised serious issues about its validity in a court of law. Alfred Binet
replicated Cattell’s research and helped to find the first psychological laboratory in France at
Sorbonne, Paris in 1889.
Louis William Stern of Germany established the first journal on the psychology of testimony
which was published in Leipzig in 1903. This journal was replaced in 1907 by the much
broader Zeitschrift für Angewande Psychologie (Journal of Applied Psychology), edited by
Stern and his associate Otto Lipmann. Psychology Applied to Legal Evidence and Other
Constructions of Law was published by George Frederick Arnold in 1906.
In 1978 the American Board of Forensic Psychology provides board certification in forensic
psychology and the APA approves a clinical post in corrections at the Wisconsin Department
of Corrections. In 1991 the American Academy of Forensic Psychology and American
Psychology-Law Society (Division 41 of the APA) publishes Specialty Guidelines for
Forensic Psychologists.
Forensic psychology was acknowledged as a specialty by the American Psychological
Association in 2001 that is reaffirmed in 2008. The Specialty Guidelines for Forensic
Psychology are revised, renamed, and published in 2013. Police and Public Safety
Psychology (PPSP) acknowledged by the American Psychological in 2013.
Indian Perspective
The growth of forensic psychology began in the year 1917 when Prof. Prafulla Chandra Bose
wrote a thesis on how forensic psychology must be used in understanding criminals and their
behaviour. He gave the idea that one cannot give judgment in any case without understanding
the crime that has been committed. For instance, in the Mental Health Act 2012, regarding the
crime the crimes committed by mentally ill persons who labelled as insane were sent for
treatment to the hospital.
The first lie detection division was set up at the Central Forensic Science Laboratory (CFSL)
of the Central Bureau of Investigation (CBI) by 1968. In the very beginning, there were no
proper training centres for professionals to be trained for lie detection. That time to conduct
the lie detection tests they followed the procedures and methodologies described by Reid and
Inbau in the book “Truth and Deception: The polygraph (lie-detector) technique” published in
1966. Since 1972, many forensic science laboratories had been started polygraph machines in
various states of India.
While the forensic psychology department as such by name was not established in many state
FSL’s instead many FSL had Lie Detection Division in which polygraph was used. Dr. S.L.
Vaya conducted the first narco-analysis authorized by the court in 1989. But this was against
the person in question. Later many more innovations had been taken place in the field of
forensic psychology. This polygraph and narco-analysis are also used in many cases such as
the Nithari killings, stamp scan, the double murder case of Noida. For forensic psychology to
become one of the important parts of the criminal investigation a lot more work needs to be
done and a lot more acceptance is essential.
Role in the courtroom
When the forensic psychologists are called by the police, lawyers, or judges to interview and
assess criminals, its role begins, and the information acquired from these interviews are used
as evidence in the court of law. In a medico-legal ward, under a court mandate, a Forensic
Psychologist can work towards the rehabilitation of a criminal or a victim.
According to Section 45 of the Indian Evidence Act 1872, “the court can take help of the
experts, whenever it has to form an opinion upon a point of foreign law or of science or art,
or as to the identification of handwriting and the opinion of such an expert is relevant.” So
according to this a forensic psychologist by presenting facts can assist the courts to execute
the law in a just manner, these facts are in the form of reports of interviews and assessment of
the person in question.
The role played by forensic psychologists will shed a light on the “men’s rea” of the person in
question, mens rea is the state of mind of the person who generally pleads that he is not guilty
in the witness stand during a trial. Those who plead guilty, claim that they have done the
crime under influence of some substance or they were unaware that they have engaged in the
crime, this gives the defence an opportunity to plead for lesser punishment or delay the final
verdict of the judge. In such cases, experts are required to step in and assimilate the interview
and assessment of the person in question to judge and give an opinion on how true the
person’s statement is, this helps the judge to execute a judgment which is fair and also is in
light of the safety of society and the individual.
Section 45 of The Indian Evidence Act 1872, also allows the forensic psychologist to give
their expertise in solving criminal investigations, and this gives the opportunity to
psychologists to make their forensic methods, according to the needs of cases.
Laws
Section 84, IPC
The Mental Health Act, 1987
The Lunatic Act, 1912
Analysis
Forensic Psychology not only involves criminal responsibility and fitness to stand trial, but
mental health and proper treatment of mental illness also comes under this broad area.
Ethically, a Forensic Psychologist is to inform the referral source as to whether there is
known basis in either research or practice to answer the particular question and hence require
awareness of legal and professional standards (Yadav, 2017). But why there is immediate
need to address the issue of lack of Forensic Psychological and Psychiatric facilities in India?
This is a pressing concern of requirement of adequate facilities and trained professional
Forensic Psychologists in order to take care of mental healthcare of: General Public; Suspects
and Victim during trials and proceedings and prisoners as well. We need to realise that mental
health is equally important as physical health. People who suffer from mental illness are often
dominated unknowingly, their illness is not acknowledged, and it not as uncommon as one
would think.
There are not sufficient infrastructures and institutions for training in Forensic Psychology let
alone for treatment and regular mental check-ups. There are hardly sufficient Forensic
Laboratories and Medico-legal Labs because of which most of the psychological cases are
dealt by clinical psychologists in hospital or psychiatric facilities. In many instances, the
psychiatric and psychological facilities do not have separate wing for forensic purposes,
consequently the forensic evaluation is performed by professionals not trained in forensic and
medico-legal investigative areas. As an outcome of which, decisions are often based on trial-
and-error method, instead of being based on expertise and proficiency.
Government has taken some initiatives towards this issue, including the National Institute of
Mental Health and Neuro-Sciences (NIMHANS), Bengaluru, established in 2016. The
NIMHANS has Centre for Human Rights, Ethics, Law and Mental Health which deals with
enhanced training with high standards in investigative approaches of Forensic Psychology
and Medico-legal Psychiatry.
The Indian Council for Medical Research (ICMR) conducted a survey in 2009 according to
which 12.8% of children suffer from mental illness out of which 1-20% have Attention deficit
hyperactivity disorder (ADHD). According to the 2003 survey by NIMHANS 1.1% of total
Indian population has prevalence of Schizophrenia. Some of the epidemiological studies
performed in India show that 2-30% of adolescents possess psychological problems out of
which 8% suffer from psychological distress.
In India 72% of the population resides in rural areas, and there are only 0.03 psychologists
per 100,000 people in India that too working majorly in Urban areas. In this case there should
not even be cross questioning in why there is need for adequate psychological and psychiatric
facilities equipped with Forensic training. Requirement of this is because Forensics go in
hand with Legal investigations, and treating psychiatrists are not able to deliver appropriate
help required to offenders and victims as they are trained for court of law.
Conclusion
It has been seen that the legal background of forensic psychology is not as strong as we
expected it to be, currently, it is used as evidence in the Indian courts. So, an effective
standard operating procedure has to be enforced, such that forensic psychology comes to
play, and standardized guidelines shall be made which shall suggest where forensic
psychology needs to be involved. In order to decrease recidivism, prisons around the country
shall have forensic mental health professionals to sustain the path of rehabilitation.
There is high percentage of the drug abuse which can be a reason for building up a criminal
behaviour. Drug use and addiction is the behavioural changes that starts to ultimately leads to
mental illness. The amount of drug abuse might be a cause for greed for money and drug
trafficking or drug abuse. The important factor behind about forensic psychology is based
upon the mental set of mind and drug abuse a actually a huge role to play. Around 90 percent
of the cases in the current scenario of criminal behaviour is the reason or need for drugs.
There high increase in juvenile cases reasoning the possibility of drug use is absolutely a
desire for more of selling drugs for sustaining. The need for juvenile cases is to learn in a hug
amount to clear the understanding of new criminal behaviours. The in-built behavioural
changes and study of different behaviours is important in criminal justice system.
Consultation and Testifying
Trial Consultation
Jury selection has become big business in recent years, with many law firms now offering
scientific jury selection to their list of services. Legendary lawyer Clarence Darrow once
claimed, “Almost every case has been won or lost when the jury is sworn.”
Although a trial consultant can come from any number of backgrounds (business, law,
marketing, anthropology, statistics) law firms are increasingly turning their attention to
forensic psychologists to get the job done. And they’re not just concentrating their efforts on
jury selection. In fact, a forensic trial consultant forms a part of a comprehensive industry that
includes not only jury selection, but also refining arguments, witness preparation, and
rhetorical coaching for attorneys, among other services.
Some consultants believe that the most important part of the trial is the jury selection process,
and therefore concentrate their efforts on picking the perfect jury, while others spend their
time working with witnesses or producing demonstrative exhibits. Still, others focus much of
their work on developing an effective trial strategy.
Some law firms hire forensic psychologists to specialize in civil cases, particularly in
complex commercial litigation.
Just a few of the duties of forensic psychologists as trial consultants include:
● Preparing difficult witnesses for depositions
● Creating themes for the trial
● Creating focus groups and mock trials to:
○ Obtain feedback
○ Receive input on exhibits
○ Gauge the effectiveness of themes or witnesses
○ Test the impact of evidence
● Preparing clients and witnesses for testifying at trial
● Providing the lawyers with input on their opening statement
● Overseeing jury selection
● Performing post-verdict jury polling
Pre-Trial Work: Mock Trials and Focus Groups
The work of trial consultant forensic psychologists often begins months before a trial, with
the implementation of community surveys. Through this time-consuming work, forensic
psychologists look for correlations between demographics and specific views on issues
pertaining to the case.
Next, forensic psychologists assemble focus groups, where they test specific parts of the
case—arguments, pieces of evidence, witnesses, etc.—to determine how different types of
jurors may react. Forensic psychologists may even stage full mock trials, complete with
lawyers and actors, which allow them to scrutinize the staged jurors as they deliberate.
Their work with pre-trial events like focus groups and mock trials gives the trial team the
opportunity to:
● Discover differences in interpretations of case facts
● Assess the case’s strengths and weaknesses
● Determine witness and attorney appeal
● Learn how the perceptions of jurors translate into possible damage awards
● Determine settlement value
● Contrast and evaluate trial strategies and presentations
Forensic psychologists devise strategies and draw up juror questionnaires based on a sense of
which juror characteristics matter most to the trial. In some cases, these questionnaires can be
quite lengthy. For example, the questionnaire in the O.J. Simpson trial was 75 pages long and
consisted of 300 questions.
Jury Selection
Although demographics may first appear to be an important factor in jury selection, most
forensic psychologists focus much of their efforts on juror personalities, experiences, and
attitudes. In short, jury consultant forensic psychology works to match the case with the
juror’s life experiences or value system. Further, they must consider how jurors will behave
with one another.
As trial consultants, forensic psychologists must understand the psychological processes
behind how jurors attribute blame. Using the psychology of blame, trial consultants help
lawyers create strong themes for their cases.
Witness Preparation
Trial consultants provide witnesses with the tools and techniques needed to present
information in a way that will engage the jury. Witness preparation is a critical component of
trial preparation, as most trials depend on the strength of witness testimony, as well as the
confidence, credibility, and clarity of the witness in deposition or while on the stand.
Trial consultants help prepare witnesses by honing their communication and listening skills.
They also prepare them to behave cooperatively and to give clear and complete answers.
The work of trial consultants in witness preparation includes:
● Explaining the dynamics of the trial so witnesses understand the significance of their
testimony
● Teaching strategies for the witness during both direct and cross-examination
● Combining storytelling tools and techniques to keep jurors engaged
According to Brodsky, Cramer, Neal and Decoster (2010-2013), trial consultants can provide
information to witnesses regarding specific techniques that they can use to increase their self
efficacy and reduce their anxiety. Boccaccini (2002) and Brodsky (2013) states most of these
methods may include, but are not limited to, familiarization to the courtroom, breathing
exercises, imagery, and an overview of the cross-examination process that helps them through
the process.
Trial Strategy
Forensic psychologists develop recommendations for trial strategies based on empirical
research. They share a belief in experimental research and are sensitive to any biases that can
skew results.
Trial consultants work closely with attorneys, providing services such as:
● Preparing and organizing direct examination
● Practicing direct and cross-examinations
● Building a rapport between the lawyer and the witness.
Training Required
Forensic psychologists preparing for a career in trial consultation are well served by
completing a law degree in addition to their doctoral degree in clinical psychology with a
forensic specialization.
These dual degree programs are often structured as Ph.D./JD or PsyD/JD programs. Upon
completion of this type of program, graduates are able to pursue state licensure as a clinical
psychologist and sit for the bar, if desired.
Students completing their post-doctoral fellowship requirements in a Ph.D. or PsyD program
in clinical psychology benefit from gaining experience while working with law firms that
specialize in trial consultancy.
Forensic psychology specialty certification through the American Board of Professional
Psychology Specialty Certification (ABPP) serves as a sign of competency and commitment
to the profession, particularly for those who want to focus their career on a specific area of
forensic psychology, such as a trial consultant forensic psychologist/trial consultancy or trial
psychology.
To qualify for ABPP certification in forensic psychology, candidates must be state-licensed as
clinical psychologists and satisfy the following competencies related to forensic psychology:
● At least 100 hours of formal education, direct supervision, or continuing education in
forensic psychology after the date the doctoral degree was earned; AND
● At last 1,000 hours of experience in forensic psychology, which was obtained by
completing at least 5 years of postdoctoral experience (an LLB or JD degree may be
substituted for two of the five years of experience); OR
● Must have at least 2,000 hours of post-doctoral training in forensic psychology,
meeting APA curriculum guidelines
Professional certification is conditional upon the completion of a written and oral
examination and the satisfactory completion of the credential review process.

Testifying
Expert Witness
Some of a forensic psychologist’s most important work happens on the witness stand,
providing testimony and presenting evidence in court cases and other judicial matters. In
these circumstances, they have a specific responsibility for upholding the integrity of
psychology as it is used within the realm of the legal system.
The role of forensic psychologists within the legal system is well-defined by the American
Psychological Association’s (APA) Division 41, which is dedicated to this subspecialty of
forensic psychology.
Psychologists as expert witnesses in court serve in a variety of civil and criminal court
proceedings, which may include:
● Civil proceedings (child custody cases, for example)
● Criminal proceedings (mental competency hearings, for example)
● Professional negligence lawsuits (medical malpractice suites, for example)
Forensic psychologists may assume the role of a forensic psychologist expert witness on a
voluntary or involuntary basis, meaning a prosecution or defense team may hire them, or they
may be subpoenaed. Their work is essential to any judicial proceedings, and they have an
obligation and a duty to remain cognizant of the ethical responsibilities that govern their
conduct while engaged in judicial proceedings.

Duties
Acting as a skilled expert witness psychologist, forensic psychologists express opinions based
on their specialized knowledge. In most jurisdictions, they must state their opinion within the
standards of their field and with a reasonable degree of certainty.
This means that as expert witnesses, forensic psychologists may:
● Base their testimony on information gathered solely for the purpose of testifying in
the litigation
● Offer their opinion on the cause or consequences
● Interpret the action of other persons
● Draw conclusions of the basis of circumstances.
● Comment on the likelihood of events
● State their beliefs regarding nonfactual issues, such as:
○ Fault
○ Damage
 ○ Negligence
○ Avoidability
Forensic psychologists may become experts in litigation in one of three ways:
● They may be retained by one of the parties for the purpose of analyzing information
and providing an opinion.
● They may be appointed by the court for the purpose of sorting through conflicting
claims or conclusions.
They may serve as an actual witness to the events at hand.