Clinical Psychology

B

ecause clinical psychologists are said to be

“experts”in human behavior, it is not surprising

that some of them would begin to specialize in the

application of psychological knowledge to the prob-

lems that face judges, attorneys, police officials, and

indeed, anyone who must face or deal with issues

related to civil, criminal, or administrative justice—

victims and violators alike. This domain of clinical

psychology, now calledforensic psychology, underwent

a highly visible growth spurt in the 1970s, and it

continues to thrive (DeMatteo, Marczyk, Krauss,

& Burl, 2009). It has gained all the trappings of a

significant subspecialty:graduate training programs,

professional organizations and boards, an APA divi-

sion (Division 41—The American Psychology-Law

Society), and journals and textbooks. Many of these

entities are distinctly interdisciplinary and span the

fields of both law and psychology.

PERSPECTIVES AND HISTORY

Let us begin our description of the field by defining
it, briefly tracing its history, and then discussing a
few professional matters.

Definitions

Forensic psychology involves the application of the
science and profession of psychology to issues relat-
ing to law and the legal profession (ABFP, 2006).
Just how broad these applications are is illustrated in
Table 19-1, which lists several examples. A variety
of settings and clients may be involved, including
children and adolescents as well as adults. All man-
ner of institutions, including corporations, govern-
ment agencies, universities, hospitals and clinics,
and correctional facilities, may be involved as clients
or objects of testimony.

History

In 1908, Hugo von Munsterberg published his book
On the Witness Stand(see Box 19-1). Despite this nota-
ble event, psychology had relatively little direct

influence on the law until 1954—the year the

Supreme Court finally paid attention to the social

sciences in theBrown v. Board of Educationdesegrega-

tion case. Then, in 1962, Judge Bazelon, writing for

the majority on the U.S. Court of Appeals for the

District of Columbia Circuit, held for the first time

that psychologists who were appropriately qualified

could testify in court as experts on mental disorder

(Jenkins v. United States, 1962). Finally, the forensic

psychologist was about to appear on the scene, even

though psychiatrists had enjoyed the privilege of pro-

viding expert testimony for many years. Today, psy-

chologists regularly testify as experts in virtually every

T A B L E 19-1 Areas of Testimony and

Expertise of Forensic

Psychologists

Commitment to mental hospitals

Child custody issues

Psychological damages suffered as the result of another’s

negligence

Release from involuntary confinement

Determination of the need for a conservator due to

incapacity

Predicting dangerousness

Rights of a person with a mental disability in an

institution

Competency to stand trial

Criminal responsibility (insanity defense)

Determination of disability for Social Security claims

Workers’compensation claims

Conditions affecting accuracy of eyewitness testimony

Advice to attorneys regarding factors that will affect

jurors’behavior

Extent to which advertising claims are misleading

Battered woman syndrome

Rape trauma syndrome

Accuracy of eyewitness identification

Sexual harassment

Police psychology

Jury selection

Offender treatment programs

Criminal profiling

540 CHAPTER 19