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Since its debut over a century ago, forensic psychology has matured into a formally recognized specialty area of psychology with its own set of ethical guidelines; however, a consensual definition of forensic psychology remains elusive. After describing the field’s historical and current struggles to define itself, two ethical issues are

Since its debut over a century ago, forensic psychology has matured into a formally recognized specialty area of psychology with its own set of ethical guidelines; however, a consensual definition of forensic psychology remains elusive. After describing the field’s historical and current struggles to define itself, two ethical issues are discussed that are especially applicable to psychology in legal contexts. The first is the critical differences between serving in therapeutic versus forensic roles and the associated ethical obligation to refrain from serving in both roles in the same case. Despite the terminology used in the literature, treatment in forensic contexts can be ethically appropriate. This chapter considers the current state of the literature regarding treatment in forensic contexts and suggests that this is likely to be an area of future growth for the field. The second ethical issue discussed in this chapter is the insidious effect of the adversarial process on psychologists’ objectivity in forensic contexts, termed “forensic identification” or “adversarial allegiance.” The forensic ethical guidelines affirm the primacy of this issue in forensic contexts, as evidenced by addressing it in the first two published guidelines. However, field and experimental evidence suggest psychologists have a challenging (if not impossible) task in avoiding partiality in adversarial forensic contexts. The chapter ends by briefly considering the methods psychologist might use in an effort to reduce partiality and by recognizing more research is needed to identify what else psychologists can do to strive to uphold the ethical guidelines in this regard.

ContributorsNeal, Tess M.S. (Author)
Created2017
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Description

“Criminal psychology” is a broad field that overlaps with several subareas of psychology, including correctional (applications to prison settings) and forensic (applications in courtroom settings) psychology. A widely used umbrella term, “psychology-law,” also reflects the interdisciplinary commitment of researchers in criminal psychology, who draw from many traditional domains of psychology,

“Criminal psychology” is a broad field that overlaps with several subareas of psychology, including correctional (applications to prison settings) and forensic (applications in courtroom settings) psychology. A widely used umbrella term, “psychology-law,” also reflects the interdisciplinary commitment of researchers in criminal psychology, who draw from many traditional domains of psychology, including clinical (e.g., assessment, treatment), social (how people and contexts influence us), cognitive (how we think and make decisions), developmental (how we grow and change), and neuropsychology (the biological basis of behavior). This chapter – covering research in criminal psychology – emphasizes the shared reliance on scientific methods characteristic of modern psychology.

ContributorsClements, Carl B. (Author) / Neal, Tess M.S. (Author)
Created2017
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This chapter integrates from cognitive neuroscience, cognitive psychology, and social psychology the basic science of bias in human judgment as relevant to judgments and decisions by forensic mental health professionals. Forensic mental health professionals help courts make decisions in cases when some question of psychology pertains to the legal issue,

This chapter integrates from cognitive neuroscience, cognitive psychology, and social psychology the basic science of bias in human judgment as relevant to judgments and decisions by forensic mental health professionals. Forensic mental health professionals help courts make decisions in cases when some question of psychology pertains to the legal issue, such as in insanity cases, child custody hearings, and psychological injuries in civil suits. The legal system itself and many people involved, such as jurors, assume mental health experts are “objective” and untainted by bias. However, basic psychological science from several branches of the discipline suggest the law’s assumption about experts’ protection from bias is wrong. Indeed, several empirical studies now show clear evidence of (unintentional) bias in forensic mental health experts’ judgments and decisions. In this chapter, we explain the science of how and why human judgments are susceptible to various kinds of bias. We describe dual-process theories from cognitive neuroscience, cognitive psychology, and social psychology that can help explain these biases. We review the empirical evidence to date specifically about cognitive and social psychological biases in forensic mental health judgments, weaving in related literature about biases in other types of expert judgment, with hypotheses about how forensic experts are likely affected by these biases. We close with a discussion of directions for future research and practice.

ContributorsNeal, Tess M.S. (Author) / Hight, Morgan (Author) / Howatt, Brian C. (Author) / Hamza, Cassandra (Author)
Created2017-04-30
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The effect of eye contact on credibility was examined via a 3 (low, medium, high eye contact) x 2 (male, female) between-groups design with 232 undergraduate participants. A trial transcript excerpt about a defendant’s recidivism likelihood was utilized as the experts’ script. A main effect was found: experts with high

The effect of eye contact on credibility was examined via a 3 (low, medium, high eye contact) x 2 (male, female) between-groups design with 232 undergraduate participants. A trial transcript excerpt about a defendant’s recidivism likelihood was utilized as the experts’ script. A main effect was found: experts with high eye contact had higher credibility ratings than in the medium and low conditions. Although a confound precluded comparisons between the genders, results indicated that males with high eye contact were more credible than males with medium or low eye contact. The female experts’ credibility wasn’t significantly different regardless of eye contact. Eye contact may be especially important for males: male experts should maintain eye contact for maximum credibility.

ContributorsNeal, Tess M.S. (Author) / Brodsky, Stanley L. (Author)
Created2008
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Self-Efficacy Theory (SET; Bandura, 1986, 2000) has generated research and practice ramifications across areas of psychology. However, self-efficacy has yet to be assessed in a legal context. The present paper juxtaposes self-efficacy with self-confidence in terms of theoretical foundations and practical implications, with attention to the area of witness testimony.

Self-Efficacy Theory (SET; Bandura, 1986, 2000) has generated research and practice ramifications across areas of psychology. However, self-efficacy has yet to be assessed in a legal context. The present paper juxtaposes self-efficacy with self-confidence in terms of theoretical foundations and practical implications, with attention to the area of witness testimony. It is concluded that the concept of witness self-efficacy possesses thorough theoretical grounding as a potential target for witness preparation. As such, we put forth an integrated model of witness preparation featuring self-efficacy bolstering techniques within an established witness training framework.

ContributorsCramer, Robert J. (Author) / Neal, Tess M.S. (Author) / Brodsky, Stanley L. (Author)
Created2009
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This study sought to investigate the relation between expert witness likeability and juror judgments of credibility and sentencing. Two actors playing expert witnesses were trained to present themselves as high and low in likeability in a standard testimony scenario involving capital trial sentencing. The effects of extraversion and gender in

This study sought to investigate the relation between expert witness likeability and juror judgments of credibility and sentencing. Two actors playing expert witnesses were trained to present themselves as high and low in likeability in a standard testimony scenario involving capital trial sentencing. The effects of extraversion and gender in mock jurors in attending to expert testimony were also examined. The dependent variables were the perceptions of the witnesses’ credibility and agreement with testimony and the participants were 210 psychology undergraduates. Likeability of expert witnesses was found to be significantly related to judgments of trustworthiness of the experts, but not related to confidence or knowledge of the experts or to the mock juror sentencing decisions. Women participants rated high likeable experts as more credible than low likeable experts; men did not. For men jurors, agreement with testimony increased as extraversion increased. However, for women jurors, agreement with testimony decreased as extraversion increased. The results suggest that likeability can be an important element of source credibility, and that attorneys and trial consultants now have an empirical foundation for addressing likeability as part of witness preparation.

ContributorsBrodsky, Stanley L. (Author) / Neal, Tess M.S. (Author) / Cramer, Robert J. (Author) / Ziemke, Mitchell H. (Author)
Created2009
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This study sought to identify stigma differences between HIV/AIDS and other sexually transmitted infections (STIs). Interviewees from Alabama, USA (n=537) rated two types of stigma (damage to social reputation and “moral weakness”) for seven infections ranging from “nuisance” conditions (e.g., pubic lice) to life-threatening disease (e.g., HIV/AIDS). When asked which

This study sought to identify stigma differences between HIV/AIDS and other sexually transmitted infections (STIs). Interviewees from Alabama, USA (n=537) rated two types of stigma (damage to social reputation and “moral weakness”) for seven infections ranging from “nuisance” conditions (e.g., pubic lice) to life-threatening disease (e.g., HIV/AIDS). When asked which of the seven STIs would be most damaging to reputation, 74.8% of respondents chose HIV/AIDS. However, when asked to choose which STI represented moral weakness in infected persons, HIV/AIDS was rated as significantly lower than the other STIs, which suggests that HIV/AIDS is perceived differently than non-HIV STIs. This study addresses the possibility that advances in public awareness of HIV/AIDS have not necessarily been extrapolated into awareness of other STIs. Clinicians should be aware of these high levels of stigma as potential barriers to treatment for all STIs. Public health officials should consider the impact of undifferentiated stigma on STI prevention messages.

ContributorsNeal, Tess M.S. (Author) / Lichtenstein, Bronwen (Author) / Brodsky, Stanley L. (Author)
Created2010
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Prison rape is a pervasive and serious problem affecting many male inmates in U.S. prisons. This paper reviews the literature on prison rape prevalence, victimization risk factors, and the psychological and non-psychological sequelae of prison rape. We address several areas of inquiry needed to guide research and facilitate solutions to

Prison rape is a pervasive and serious problem affecting many male inmates in U.S. prisons. This paper reviews the literature on prison rape prevalence, victimization risk factors, and the psychological and non-psychological sequelae of prison rape. We address several areas of inquiry needed to guide research and facilitate solutions to the problem of prison rape, especially given the context and intent of the Prison Rape Elimination Act (PREA) passed in 2003 by the U.S. Congress. Mental health correlates remain to be studied; for example, the complex post-rape symptoms of prison rape survivors do not appear to be captured by current diagnostic nomenclature. To date, psychology has been largely silent on the issue of prison rape but may have much to offer in terms of describing and treating the psychological impact of victimization, documenting the personal and situational risk and protective factors associated with prison rape, and in designing programs and policy to reduce prison rape.

ContributorsNeal, Tess M.S. (Author) / Clements, Carl B. (Author)
Created2010
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Prisoners sentenced to death must be competent for execution before they can actually be executed (Ford v. Wainwright, 1986). The decision for many mental health professionals whether to conduct competence for execution evaluations may be fraught with complex ethical issues. Mental health professionals who do not personally support capital punishment

Prisoners sentenced to death must be competent for execution before they can actually be executed (Ford v. Wainwright, 1986). The decision for many mental health professionals whether to conduct competence for execution evaluations may be fraught with complex ethical issues. Mental health professionals who do not personally support capital punishment may have a particularly difficult decision to make in this regard but should seriously consider the consequences of their decisions. This article applies Bush, Connell, and Denney’s (2006) eight-step ethical decision-making model to the ethicality of deciding to or abstaining from conducting competence for execution evaluations. This article does not propose what decisions an individual evaluator should make regarding this work, but rather presents a systematic guide for mental health professionals (particularly those who do not support capital punishment) to consider.

ContributorsNeal, Tess M.S. (Author)
Created2010
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Despite the application of Self-Efficacy Theory (Bandura, 1977, 2000) to many areas of psychology, there is a lack of research on self-efficacy in the ability to testify in court. The present study fills this gap by incrementally developing the construct of Witness Self-Efficacy and establishing its psychometric properties. Study I

Despite the application of Self-Efficacy Theory (Bandura, 1977, 2000) to many areas of psychology, there is a lack of research on self-efficacy in the ability to testify in court. The present study fills this gap by incrementally developing the construct of Witness Self-Efficacy and establishing its psychometric properties. Study I featured exploratory and confirmatory factor analyses yielding a two-factor Witness Self-Efficacy Scale (WSES). The two components are Poise and Communication Style. Study II used a second data collection to show that both WSES domains possess convergent, divergent, and predictive validity relations consistent with those expected using an SET framework. Notably, WSES components predicted perceptions of witness credibility and sentencing outcomes above and beyond witness extraversion, general self-efficacy and general self-confidence. Implications for SET and witness preparation training are discussed.

ContributorsCramer, Robert J. (Author) / Neal, Tess M.S. (Author) / DeCoster, Jamie (Author) / Brodsky, Stanley L. (Author)
Created2010