Forensic psychologist provides specialised psychological expertise in legal cases. Their testimony and analysis are crucial in court proceedings. This blog will cover what is the role of forensic psychologist as an expert witness primarily. Moreover, it will look at the reasons why we need forensic psychologist expert witnesses in the courtroom.
Forensic Psychologist as an Expert Witness
Forensic psychology is the incorporation of psychological assessments in legal professions. Forensic psychologist expert witnesses deal with prison and police while collaborating with judges, solicitors, and other legal professionals to highlight psychological elements in criminal and civil cases. They can also write a report on psycho-legal issues, give a consultation, suggest rehabilitation, etc.
How Do Forensic Psychologist Expert Witness Works?
In the courtroom, whenever claims, including insanity, unfitness to stand trial or reduced mental capacity, are made, the role of forensic psychologist comes into action. They are required by the courts to assess and evaluate the mental health and behavioural capacities of the ones who claim as such.
These assessments are conducted in light of recent research and theories that are universally accepted and current. They then compile their findings into a CPR-compliant medico legal report. These reports are submitted as forensic evidence in the court.
Read: Does Mental Illness Mediates Criminal Behaviour?
The Importance of a Forensic Psychologist Expert Witness
The guiding principle of forensic psychology states that incarceration can’t help a mentally disordered person, but rehabilitation can! Therefore, if the defendant is assessed and mental disorder is detected, the outcome of the case may not be prison. It does not mean the outcome will be freedom (in case of criminal liability); however, the outcome may be reduced sentence or asylum instead of prison.
Why do we need a forensic psychologist expert witness ?
- Expert forensic psychologists can testify on behalf of their defendants. They evaluate and comment on the individual’s cognitive, behavioural and emotional health and psychological and emotional capacities.
- The evaluations made by forensic psychologist expert witnesses directly relate to the courtroom’s ability to proceed with the case, criminal liability, future violence risk and ability to waive offender’s rights.
- The police mostly call forensic psychologist experts to conduct a clinical interview, assess the claims made against mental capacities, evaluate the credibility of evidence and summarise their findings in a report.
- They are incredibly skilled in criminal profiling and understanding the mindset and behavioural patterns that may or may not lead to psychological and/ or psychosis disorder, putting society’s safety at stake.
- A forensic psychologist expert witness provides valuable insights based on neurology and psychology, child or adolescent psychology, cognition and trauma-driven behaviours in civil and criminal proceedings.
The Role of Forensic Psychology Expert Witness In UK Court
Forensic psychology expert witness in courts offer specialized knowledge to aid understanding of psychological factors in legal cases. They assess mental states, evaluate witness credibility, provide risk assessments, educate the court, assist in case preparation, and maintain objectivity. Their role ensures fair legal proceedings and informed decisions.
Forensic Psychologist Expert Witness in criminal cases
Forensic psychologist Expert witness assist in criminal cases by evaluating defendants’ mental state, providing expert testimony, and offering insights to legal teams. They assess competency and criminal responsibility, conduct risk evaluations, aid in jury selection, and provide treatment for offenders.
Competency to Stand Trial
A defendant’s mental state can significantly impact their ability to participate effectively in their own defence. Forensic psychologists assess a defendant’s cognitive abilities, ensuring a fair trial by determining if they grasp the legal proceedings.
Criminal Responsibility
The M’Naghten Test: The M’Naghten test, a cornerstone of UK criminal law, hinges on a defendant’s mental state at the time of the offence. Forensic psychologists evaluate the defendant’s mental capacity, using the M’Naghten criteria to determine if they understood the nature and quality of their actions, or knew the difference between right and wrong. This distinction is crucial in determining criminal responsibility.
Violence Risk Assessment
Public safety is paramount. Forensic psychologists provide valuable insights into a defendant’s potential for future violence, informing sentencing decisions that prioritise public protection.
Read: Some Mental Health Concerns Regarding Whiplash Injuries
Role of forensic psychologists in civil cases
The expertise of forensic psychologists experts as witnesses extends beyond criminal proceedings. They play a vital role in civil cases where psychological well-being is a key factor:
Personal Injury
Accidents can leave lasting emotional scars alongside physical injuries. Forensic psychologists assess the psychological impact of injuries, influencing compensation awards that address both physical and mental trauma.
Child Custody Disputes
The well-being of children is paramount in custody disputes. Forensic psychologists evaluate the mental health of both parents and children, ensuring custody arrangements prioritise a stable and supportive environment.
Other Civil Matters
Their expertise can be applied in guardianship issues (assessing an individual’s capacity to make medical and financial decisions), medical malpractice (evaluating the psychological impact of medical negligence), employment disputes (addressing psychological aspects in workplace conflicts), and discrimination cases (based on protected characteristics).
Family Court
Divorce, child custody, and visitation disputes are often emotionally charged. Forensic psychologists can act as neutral evaluators, providing the court with objective assessments that prioritise the best interests of all parties involved.
Just so you know, the contribution of forensic psychology experts in the UK legal system extends far beyond assessments. They play a crucial role in:
Law Enforcement
Their expertise can aid police investigations by providing guidance on suspect or witness questioning techniques that consider cognitive biases and enhance the accuracy of information gathering.
Offender Rehabilitation
Reducing recidivism is a key objective of the UK justice system. Forensic psychologists contribute to the development and implementation of rehabilitation programs designed to address the underlying causes of criminal behaviour and promote positive change in offenders.
Read: 4 Most famous insanity defence cases in United Kingdom
Final Thoughts
By now you should have grasped what a forensic psychologist expert witness is and what good is this professional in the courtroom scenario. Due to their ability to provide context, forensic psychologists are invaluable in civil and criminal cases. In addition, forensic psychologist expert witnesses provide a valuable service to clients and the legal system by providing an expert opinion on psychological risk, mental capacity and illness.
Concise Medico offers forensics psychology expert witnesses for solicitors, medical agencies, insurance companies and unrepresented individuals. This includes prisons, probation services, third-sector organisations, and private clients. So, whether you need assistance in criminal investigations, civil litigation, or family law matters, our forensic psychologist expert witness offers unbiased, evidence-based evaluations and testimony.
