196 8 Court and the Legal System—Family Forensics
and demonstrate the pressing need for skilled practitioners in this subspecialty area
of law and psychology.
Repeated exposure in childhood to family trauma and abuse can be devastating
for young boys and girls. How does exposure to such violence affect a person in
adulthood? What are the behavioral and situational risk factors involved in cycles
of crime? What prevention strategies, as developed in forensic psychology, exist
to break the intergenerational cycle of abuse? People are at a greater risk to be
victimized by a family member than by a stranger. Several manifestations of fam-
ily violence include infanticide, parricide, and spousal abuse. What are the causal
factors leading to these (and other) forms of family violence? How can law and
psychology help us understand the phenomenon of family homicide? The field of
mental health law affects the behavior and rights of individuals in families. The
doctrines of paternalism and parens patriae are two legal principles demonstrating
the power that the state possesses and exercises in the lives of persons suffering from
psychiatric illness. How do paternalism and parent patriae work? What influence do
these doctrines exert on families? How are these legal principles used in relation
to civil commitment? The experience of divorce and adoption can be traumatic
for families, especially when children are involved. How are children impacted by
these events? What is the emotional impact of the custody dispute for children?
How does family law, if at all, protect the emotional rights of children in custody
disputes when divorce and/or adoption are at issue? Domestic violence, particularly
when physical, sexual, and emotional battering is involved, can be extremely painful
for families. How does domestic violence impact couples, their children, and the
family unit? Are there patterns to abuse in domestic violence cases? If so, can such
patterns be traceable to one's family of origin? What is the role of the forensic
psychologist in the area of domestic violence? In today's society, gay and lesbian
citizens have redefined the meaning of family life and the family unit. Are children
of nonheterosexist couples at any greater psychological risk when growing up in
homosexual families? How does law and psychology assist us in our understanding
of gay and lesbian family rights?
The legal system has a vested interest in protecting the rights and ensuring the
responsibilities of families and their respective members. The domain of forensic-
psychology examines those situations where questions persist about the behavior,
attitudes, and beliefs of parents and/or children in the family context. Some of these
concerns are extremely serious in that immediate trauma, abuse, violence, and crime
are at stake. On other occasions, the issue is about understanding how the law, with
the assistance of psychology, can better address the changing and emerging needs
of different families. In both instances, the forensic specialist assumes a pivotal role
in the intervention and policy process. As the individual sections of this chapter
make clear, the field of family forensics requires additional research into the nature
of family life in general and the social, psychological, and legal factors that limit
parents and their children from experiencing the joys of such a healthy existence in
particular.