The Truth about Forensic Psychology

by Lisa Featherston

Let’s face it, it has become more and more difficult to shock today’s reader because of the level of violence we see on a regular basis on television and movie screens. Sensationalism seems to be the one element writers increasingly feel they need to achieve the jarring effect they hope for in any mystery/suspense novel. Because of this, media has transformed forensic psychologists into a fly-by-the-seat-of-your-pants role, thereby altering their roles as consultants, assessors, and treatment providers into crime-solving super-shrinks.

If only this were their true role, I would double my efforts in university coursework in an effort to land that job as soon as possible. Just dust off my cape and utility belt and I’m ready to go. Unfortunately, this exciting fantasy career is mostly fictional.

Psychology in general is one of the most fascinating careers available, and thanks to all that we still don’t know about the human mind, there is just no possibility for boredom. Just how much of a forensic psychologist’s career can be depicted in mystery and suspense novels that will still get the reader’s attention and keep it?

What is Forensic Psychology?

To first understand what a forensic psychologist is and does, we need to understand what forensics really means. Forensics is the analysis of information suitable for use in a court of law (Ramsland, 2002). So then, a forensic psychologist is responsible for various tasks within the legal system that add a scientific analysis to civil or criminal proceedings in our court systems.

James Patterson's Alex Cross

Most everyone loves Alex Cross, the brilliant doctor and forensic psychologist in many of James Patterson’s tales of suspense, but even Patterson exerts some serious creative licenses in the Cross character’s professional duties. It may be worthwhile to find the suspense and contributions of these professional characters in a more realistic role. No psychologist is going to chase a serial killer through the woods while wielding a .38 special. Sorry to disappoint.

What Forensic Psychologists Actually Do:

Competency Hearings
- In a criminal trial, competency may need to be determined for a number of reasons. Along with the competency to stand trial, a FP (forensic psychologist) may be asked to determine the defendant’s competency to waive his/her Miranda rights, testify in his/her own case, refuse the insanity defense, confess, understand the nature of the crime he/she is charged with, and understand the penalty consequences if found guilty.

Insanity Assessments
- “Insanity” is actually a legal term and not a psychological one. People can be deemed insane if assessments show that they were not responsible for their actions at the time of the crime because of mental disease or defect. Despite popular belief, the insanity defense is used in less than 3% of criminal trials in America and is successful in less than 3% of those cases. Psychological assessments are necessary to make such determinations.

To evaluate a defendant’s sanity, the forensic examiner will use an MSO (Mental State at time of Offense test) which consists of three interviews. The first focuses upon historical information about the defendant. The second focuses upon the offense and their mental state at that time. The third assesses the defendant's present mental state. Factors such as planning the offense, awareness of criminality, and self-control are rated along with an analysis of the collated information (i.e. police report and notes, attorney notes, third party interviews).

Each state has chosen what guidelines they will follow in regards to the insanity defense. The most popular guidelines followed is the M’Naughten rule:

M'Naughten rule -- In 1843 the "Wild beast" test ended and ushered in the "right/wrong" test. This test consisted of three prongs: 1) an unsound mind; 2) not knowing what they were doing; and 3) an inability to appreciate the wrongfulness of the act. M'Naughten is considered a cognitive-based standard which doesn't address the issue of volition (free will or the ability to choose not to do wrong).

One special note: Many times during competency and insanity assessments, the Malingering test is applied. This test is used to determine if the person is lying.

Courtroom experts
- The FP may be called in to testify about the above mentioned assessments but also to provide psychological information to help the judge and/or jury understand evidence or a particular process. Such information might be to explain the defendant’s evaluation process or any psychological terms or disorders. This is necessary because the general public may have misconceptions about psychological disorders and this could prejudice the jury against a defendant or even a witness for the state.
- FPs may also be asked by the court to provide suggestions during custody hearings or even some criminal cases as to treatment options that would best benefit not only the parties involved but also society. Defendants who are convicted and go to prison will more likely than not be expected to return to society after their sentence is served, and how they are treated inside or upon release can help to determine their likelihood to repeat offend.
Trial process advisors
- Sometimes an FP may be required before or during a trial to offer an assessment of the most appropriate way to conduct certain aspects of an investigation or a trial. For example: When eye-witness testimony is needed from a child there are unique situational considerations that may need to be made. Statistically, juries do not place the same weight on a child’s testimony as they do adults and some interesting dynamics account for this phenomenon.
- Whether the child is to testify in open court, closed court, or by closed-circuit television may need to be determined. Protecting a child’s mental health while still upholding the defendant’s right to a fair and impartial process can be tricky sometimes but very necessary!
- Offering the attorneys a strategically beneficial list of questions to ask potential jurors during jury selection may be necessary to obtain the best advantage as well as prevent jury prejudices.
- Finally, in some cases, forensic psychologists are used as consultants to either the defense or prosecution team to advise them in areas of dealing with case presentation during a trial. There are some psychological issues to consider about all the courtroom players during a trial that will or should affect the way the attorneys presents evidence, witness examinations, and even closing arguments.
Profilers
- Some forensic psychologists may also be hired to offer assessments about the crimes themselves in an effort to keep the investigation on the right track and determine the responsible party. When investigating team members find themselves running into brick walls during their investigation, they may need to enlist outside expertise or just a fresh pair of eyes. Psychologists are going to approach evidence in a different light than a law enforcement officer in many cases. Because FPs are trained to evaluate behaviors and mindset attached to evidence, they can offer an investigator’s insight into what type of person they should be looking for.
* No psychologist will take over a case or investigate a case on his or her own. It just does not happen. So although Alex Cross is a brilliant man and psychologist, he would never, in real life, follow leads and hunt down killers on his own, if at all. Forensic psychologists are hired as contributing sources only and will always restrict their participation to that area they were hired for. To do otherwise would impede investigations and potentially cause legal backlash, more likely to themselves than anyone else.

Reader Savvy

An important consideration for writers: As forensic psychology continues to become more popular, it stands to reason that an increased interest in this field of study, by both those who desire such a career as well as the general public, will ultimately mean a more informed public. Increased popularity for forensic psychology can be attributed to the explosive interest from media portrayals. This means we will quickly reach a point when the public will be well enough informed about the realistic services forensic psychologists provide. Any author still writing about sensational but fictional super-shrinks will be viewed as lacking authenticity and writers may see a significant decline in reader/fan following.

My recommendation -- If you are serious about exploring what a forensic psychologist character might add to your murder mystery, you would be well advised to seek a real one out and ask questions until you’re blue in the face. These people have extraordinary jobs because by definition, they are most likely the ones to work face to face with our most deviant criminals, whether for research to better understand deviant behavior, to treat such criminals to relieve their suffering (because yes, most of these people are suffering), or to evaluate them according to a court order for treatment or release options in the future. The point is, no one knows the roles of a forensic psychologist OR the character of the deviant better than your local super-shrinks themselves.

If you aren’t sure where to start, check your local university. Ask for either the behavioral science department or the Psychology department (preferably the Instructors for Abnormal Psychology). Again, despite popular belief, there are very few law enforcement departments that have a forensic psychologist as a full-time staff member. These people typically operate their own practices, teach in universities, work for private or county agencies such as mental health facilities, or work in prisons or other correctional institutions. Don’t be afraid to approach these people. Though they may be busy, they are human beings and love to educate others as to what they actually do. Good luck!

About the Author

Lisa Featherston is a third year student of Criminal Justice: Forensic Psychology at Kaplan University.