Forensic Psychological Evaluations: the Methods in Our Madness
| Publication year | 2005 |
| Citation | Vol. 2005 No. 12 |
December 2005b - #2. FORENSIC PSYCHOLOGICAL EVALUATIONS: THE METHODS IN OUR MADNESS
When Patti walked in your office, she was embarrassed and anxious as she talked about the "troubles" she was having with her boss, a mid-level manager at a prominent manufacturing company. As her story unfolded, it became clear that retention of her job had become conditioned on her willingness to provide sexual favors. She said "No" and he eventually found a pretext to fire her. She and her two children now have no income or health care, and she has no idea where she will find a new job. The stress and emotional toll seem to be overwhelming her.
Katey is fourteen years of age when she arrives at your office with her social worker. Life on the streets has taken its toll; she looks older, if not wiser, and too experienced in the school of hard knocks. Katey has a history of running away with an assortment of her drinking friends, mostly unemployed young men on probation. She demands that you get her out of Woodside, where she has been held for a week because of repeated violations of dispositional and probation orders. You learn that there may be new disorderly conduct charges stemming from a drinking party where she was apprehended with a .19 BAC. She tells you that she is sick of being abused by people in "the system," but will not elaborate.
Initially your representation of Hubert seemed like a straightforward divorce case. He said Delores and he had "worked things out" toward a settlement. During this visit he is agitated and angry. He tells you Delores is now making allegations that he sexually abused their eleven year-old daughter. He insists this is all part of her strategy for winning custody of the girl. The sex abuse claim is "bogus." He has friends who will verify his claim that he is a loving, if overly protective, dad. He wants you to "do something." You know nothing about this forty-six year-old man or his psychosexual history.
So begins the odysseys of four cases, marked by complications, uncertainties, and legal risk. Each could become a black hole of time and energy, with no way of knowing how they might conclude. You do not have enough information to move forward with any of them. There is high likelihood that Leo will be spending the next few weeks in the company of other inmates at the nearest correctional facility. The boss who harassed Patty will undoubtedly deny it and stonewall. Katey is headed back to Woodside full of anger and resentment. And Hubert may be facing lewd and lascivious charges or worse before his divorce case runs its course. This might be a propitious moment for an attorney to request a forensic psychological evaluation for their client.
In this article we hope to share some observations that frame the contemporary practice of forensic assessment. We will describe the types of evaluations we conduct, review several admissibility issues, and list several of the more useful current psychological tests. We close with some suggestions that might be helpful for untangling the complexities of our four cases.
What Is a
______Forensic Evaluation?_______
The term "forensic evaluation" has a wide breadth of meaning. It conjures up everything from pages of psycho-babble to a focused analysis of a specific referral question. In short, it is a report for use in court proceedings that should clearly communicate psychological data, findings, and recommendations about an individual's cognitive functioning, personality, behavior, and social influences, generally in response to a referral question relevant to the proceedings. Some evaluations may be received as manna from heaven by counsel looking for support in a case. Others may find a less welcome reception. Some are read carefully, some are not, and the active shelf life may last only as long as the case itself. In fact, the audience for a report may only be the attorney who requests it, especially if the information is unflattering to the client. However, in the context of case strategy, a well-conducted forensic evaluation may provide very useful information for the management and disposition of a difficult case.
There are several types of evaluations, and they may be requested for a variety of purposes. At the front end of a serious felony case it is not uncommon for one of the attorneys to request an insanity/competency evaluation. Juvenile cases are often referred for adjudication evaluations. As the facts of a criminal case become known and depositions are taken, a specific question involving mental illness might arise. Evaluations at this stage can bolster a case and assist an understanding of culpability, competency, and insanity at the time of the offense. In custody disputes, you may see a case of dueling experts reporting and testifying on the sterling character of their respective clients. You might represent a child who has made threats at school and his/her dangerousness must be assessed in the context of school safety. Changes in the status of clients committed to the Division of Mental Health may be preceded by evaluations of the patient's safety and treatment needs in the community. The list goes on.
Forensic evaluations are usually conducted by psychologists (behavioral science) and psychiatrists (medicine). Their roles vary according to education, training, and competencies. While there may be considerable overlap, and occasionally collaboration on a case, we have found that the professions sort themselves out with respect to the types of the evaluations they conduct and how they go about performing their functions.
Psychologists: General psychological evaluations
specialized forensic evaluations
risk/dangerousness assessment
sex offender evaluations
civil commitments
juvenile evaluations,
including threats/dangerousness
psychological trauma
harassment and discrimination
fitness for duty
parole/probation evaluations
Psychiatrists: General psychiatric evaluations
specialized forensic examinations
competency/sanity
involuntary medication
commitment to inpatient psychiatric
care
In Vermont there are relatively few psychologists or psychiatrists who choose to specialize in this field. In addition to doctoral level training, usually in clinical psychology,1 we receive additional training and supervision in forensic topics. It requires a broad understanding of specialized assessment techniques, knowledge of applicable statute and case law, and compliance with special forensic psychology ethical standards.2 We must be able to synthesize information from multiple sources, reconcile inconsistencies, and write our reports clearly. There are additional realities, which clinicians might consider disincentives, such as providing testimony or depositions and facing a jury. There are ethical considerations and important differences in the clinician-client relationship, particularly limits on confidentiality. These considerations notwithstanding, we find it a particularly interesting and challenging arena with opportunities to engage with our clients and their attorneys in unique ways, drawing on...
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