Forensic psychology Basics

1. UNIT -I
Basics Of Forensic Psychology

2. Forensic Psychology
• Forensic psychology means applying psychology in understanding crimes and
other legal concerns. American psychologists have defined forensic
psychology as the application of clinical specialties in the legal arena. The
ones who are experts in forensic law help with legal proceedings in different
manners:
1.Assessment of mental condition– Forensic psychology helps in analyzing
the mental condition with regards to the insanity plea, which is a tactic adapted
by people to avoid death sentence and imprisonment. Hence, forensic
psychology helps in determining whether a person is really suffering from any
mental disorder or not.
2.Prediction of violence and risk management– Forensic psychology also
helps in determining whether a person has violent tendencies or not; this
indicates the harm that can be inflicted by such person either upon himself or
on others. This method is mainly applied when an accused is imprisoned or is
set free.

3. 3.Assessment of Child Custody in Divorce– Determining the custody of a
child after a divorce is the most crucial question and also a difficult decision to
make as the child’s future is at stake.
So the forensic psychologists analyze the couple and after evaluating the
situation, they recommend to the judge or jury as to whom the custody of the
child should be given.
4.Competency to stand trial– Since the trial process is too long and tiring,
it cannot be handled by mentally or physically ill people. Hence, forensic
psychology helps in determining who can endure the trial and who should be
immediately sent for psychiatric treatment.
Forensic psychiatry
The definition of forensic psychiatry as provided by the American Board of
Forensic Psychiatry and the American Academy of Psychiatry and Law is as
follows:
It is a subspecialty of psychiatry in which scientific and clinical expertise is
applied to legal issues in legal context, embracing civil, criminal

4. • Law is the sanctioning discipline, and Psychiatry is the therapeutic
discipline., correctional, or legislative matters”.
• Forensic psychiatrists work with courts in evaluating an
individual's competency to stand trial, defenses based on mental
disorders (e.g., the insanity defense),
and sentencing recommendations.
• The two major areas of criminal evaluations in forensic psychiatry
are competency to stand trial (CST) and mental state at the time of
the offense (MSO).
Competency to stand trial
• Competency to stand trial (CST) is the competency evaluation to
determine that defendants have the mental capacity to understand
the charges and assist their attorneys.

5. • In Fifth Amendment to the United States Constitution, which
ensures the right to be present at one's trial, to face one's
accusers, and to have help from an attorney.
• CST serves three purposes: "preserving the dignity of the
criminal process, reducing the risk of erroneous convictions, and
protecting defendants' decision-making autonomy".
• The evaluations must assess a defendant's ability to assist their
legal counsel, meaning that they understand the legal charges
against them, the implications of being a defendant, and the
adversarial nature of the proceedings, including the roles played
by defense counsel, prosecutors, judges, and the jury.
• They must be able to communicate relevant information to their
attorney, and understand information provided by their attorney.
Finally, they must be competent to make important decisions,
such as whether or not to accept a plea agreement

6. As an expert witness
• Forensic psychiatrists are often called to be expert witnesses in
both criminal and civil proceedings. Expert witnesses give their
opinions about a specific issue.
• The primary duty of the expert witness is to provide an
independent opinion to the court. An expert is allowed to testify
in court with respect to matters of opinion only when the matters
in question are not ordinarily understandable.
Mental state opinion
• Mental state opinion (MSO) gives the court an opinion, and only
an opinion, as to whether a defendant was able to understand
what he/she was doing at the time of the crime (the intent to do a
criminal act and the understanding of the criminal nature of the
act).
• Much of forensic psychiatry is guided by significant court rulings
or laws that bear on this area which include these three
standards:

7. • "Not guilty by reason of insanity" (NGRI) is one potential
outcome in this type of trial. Importantly, insanity is a
legal and not a medical term. Often, psychiatrists may
be testifying for both the defense and the prosecution.

8. PSYCHOLOGY AND LAW

9. • Psychology has been defined as a science which studies the
mental aspect that determines human behaviour. In short, it
studies the human mind and its effects on human behaviour.
• This includes conative, cognitive and affective aspects.
Psychological studies cover the conscious and unconscious states
of mind.
• In the legal realm, it is helpful in determining the veracity of
witnesses, men's rea of a criminal while committing the crime and
above all, what punishment should be granted to a person
keeping in mind his psychological frame of mind.

10. • Psychology to some extent has started seeing a
criminal as a person having a mental disorder and
therefore suggests that such persons should not be
punished and should rather be medically treated.
• Hence, there are many pros and cons of psychology
under legal studies for which it is sometimes
appreciated and other times criticised. However, it
has undeniably become an integral part of the legal
system in this era.

11. Relevance of psychology in law
A legal system is necessary for the proper functioning of
a society since it tries to solve numerous problems
existing in the society in today’s times.
Though some legal authorities do not consider
psychology as a discipline relevant to law, it is relevant
as law embodies the theories of behaviour. The legal
rules, procedures and doctrines reflect the basic
assumptions of human nature.
• Psychological studies include the examination of
different areas which have legal and social significance.
• It helps to check the veracity of witnesses, as
eyewitnesses are often known to be influenced by or
afraid of the accused.
• It can also help in reducing false confessions by
adopting peace models such as those that are highly
used by the U.K. police.

12. • It is based on the empirical and psychological
research of legal institutions as well as law and
focuses on legal psychology rather than clinically
oriented forensic psychology.
• Pronouncing judgements considering the
psychological aspects of the accused’s mind
ensures justice in its real meaning.
• There are two units of psychology which influence
law and justice: legal psychology and forensic
psychology, which together form psychology and
law.
1.Legal psychology
2.Forensic psychology

13. Legal Psychology
• Legal psychology deals with cognitive and social
principles and their usage in the legal system. It is
based on empirical and psychological research of
law along with legal institutions.
• It is different from forensic psychology which is
based on the clinical orientation on
experimentation. The relevance of legal psychology
can be seen in legal proceedings in different
manners:
1.Academics and research– Legal psychologists
basically conduct empirical research on new legal
topics, which are yet to be popularised. They also
work as mentors and guide the upcoming legal
representatives.

14. 2.Advisory role– Many a time it is seen that legal
psychologists plays an advisory role in court systems.
They advise the judges and legal decision makers on some
psychological issues pertaining to the concerned case.
3.Trial consulting– Sometimes, legal psychologists also
work for trial consulting. In some cases, a psychologist
who works as an academician is called up as a trial
consultant when their expertise is helpful in any
particular case.
Trial consultants play different roles such as picking up
the jurors, performing mock trials, etc.
4.Policy making and legislative guidance– A legal
psychologist’s work is based on empirical research and
many a time there is a need to establish some policies
based on empirical research. Hence, in those times of
crises they help the state and national lawmakers.

15. 5.Amicus briefs– Amicus briefs primarily means to
provide opinions with a scientific backup and
statistics. But the assistance which a legal
professional provides in the form of amicus briefs is
questionable.
6.Expert witnesses– Legal psychologists are well
trained to handle legal issues even though they have
no formal training. They are helpful in testifying the
witnesses. They also test the memory of eye witnesses
whereas the forensic psychologist particularly
testifies the competency of the defendant.

16. Ethics of forensic psychologist

17. 1. Misuse of work
• All over the world, available ethical codes made
attempts to make it unambiguous that the
psychology profession must not be misused by
psychologists and other organizations alike.
• Under no circumstances, the use of the profession
must involve a deprivation of basic human
rights . In cases where any violation of ethical
codes is discovered, one must try to either resolve
the issue or minimize its effect.
• Psychologists need to avoid or refuse to participate
in practices contrary to the legal, civil or moral
rights of others as well as refuse to assist anyone
who might use a psychologist’s knowledge to
advise, train or supply information to anyone to
violate human rights

18. 2. Competence
• It is stated that psychologists must work as per and
to the best of their competence boundaries, based
on their education, training, supervised experience,
consultation, study or professional experience.
• They either are or become reasonably familiar with
the judicial or administrative rules governing the
roles they play.
• It is the ethical duty of forensic psychologists to
inform the referral source as to whether there is a
known basis in either research or practice to
answer the particular question being asked.

19. • hey must avoid misrepresentation of research
in any way. Awareness of legal and professional
standards, law, rules and procedures involved
must not lead to threatening or impairment of
the rights of the affected individual as well as
being sensitive to and knowledgeable about
individuals.
3. The basis for scientific and professional
judgments
• These must be based on established scientific
and professional knowledge, up to date
research, with relevant literature and
continuing education

20. 4. Delegating work to others
• Legally known as Vicarious Liability, is the concept
of supervision, where the supervisor is responsible
for the work of those under his supervision.
• He must take reasonable steps to avoid delegating
the work to people who have some sort of multiple
relationships with those being served, that would
lead to exploitation or lack of objectivity.
5. Avoiding harm
• Although it is rare for a psychologist to use this
professional excellence to harm someone
deliberately, sometimes the situation arises where
harm is delivered unintentionally.

21. • Forensic psychologists must consider long-term
harms before giving any evaluation.
• One such example of unintentional harm is a case
where a forensic psychologist has to review
execution of a criminal. If the culprit is found
competent to be executed, he then will be causing
harm to a life. In a counter argument, many will
believe that if the culprit is not found competent to
be executed, he is saving a life as well.

22. 6. Exploitation
• A forensic psychologist must not exploit those
whom one supervises or in which an authority role
exists, such as clients, patients, students,
supervisees, research participants and employees
to further political or business interests, or the best
interests of the research participants, students or
employees.
• This exploitation may include soliciting of clients,
sexual relationships or frightening individuals into
receiving services.

23. 7. Informed consent
• One must seek the consent of both the person
involved and the representing council. An attorney
must be obtained if the person is legally incapable
of providing the consent himself.
• The forensic psychologist must inform the
individual about the different parameters related to
the anticipated services such as the limits of
confidentiality.
• Oral consent can be taken in cases where the
written consent cannot be obtained. However, in
this case, the intervention of examination must be
clearly stated and explained to the individual.

24. • The fees, previous personal or professional
relationships or any such parameters which can
affect the relationship in later stages must be
sorted out at the beginning.
• The forensic psychologist must take into
consideration what might cause a possible bias
such as conflict of interest, examiner’s competence,
and the scientific basis or limitations.
• The informed consent also extends to collateral
sources of information that might affect their
decision to participate.

25. 8. Confidentiality
• It is the prime obligation of a forensic psychologist
to take reasonable precautions to protect the
client’s confidentiality and must make it clear as
or its limits.
• The disclosure must be made only with the client’s
consent or consent of the legally authorized
individual; it can also be made without the client’s
consent only if mandated by law or when the
psychologist uses the information for consultation
or protection of the client.

26. 9. Documentation
• Proper records must be maintained to facilitate the
provision of research, institutional requirements,
accuracy in billing and compliance with the law.
• Obviously, confidentiality must still be maintained
even while maintaining their records.
10. Assessment
• It must be based on sufficient data including a
personal examination unless it is not practical.
Tests used for the assessment must be reliable and
validated. Also, the strengths and limitations of the
test data must be discussed.

27. ASSESSMENT OF MENTAL HEALTH

28. • The Wechsler Adult Intelligence Scale (WAIS) is
an IQ test designedmeasure intelligence and cognitive
ability in adults and older adolescents. The original
WAIS (Form I) was published in February 1955
by David Wechsler, as a revision of the Wechsler–
Bellevue Intelligence Scale, released in 1939.
• The Wechsler–Bellevue tests were innovative in the
1930s because they:
1. Gathered tasks created for nonclinical purposes for
administration as a "clinical test battery“.
2. Used the point scale concept instead of the age
scale, and
3. Included a non-verbal performance scale.

29. Point scale concept
• In this scale items were grouped according to age
level. Each of these age levels was composed of a
group of tasks that could be passed by two-thirds
to three-quarters of the individuals in that level.
This meant that items were not arranged according
to content.
• Additionally, an individual taking a test would only
receive credit if a certain number of the tasks were
completed. This meant that falling short just one
task required for the credit, resulted in no credit at
all.

30. • Verbal IQ (VIQ)
• Included seven tests and provided two sub-
indices; verbal comprehension and working
memory
• The Verbal Comprehension Index (VCI)
included the following tests:
• Information
• Similarities
• Vocabulary
• The Working Memory Index (WMI) included:
• Arithmetic

31. • Digit Span
• Letter-Number-Sequencing
• Subtest(s) not included in the sub-indices:
• Comprehension
• Supplementary subtest(s) (Only to be used
for total VIQ index scoring and specified
sub-index):
• Letter-Number-Sequencing

32. The Non-Verbal Performance Scale
• Wechsler designed an entire scale that allowed
the measurement of non-verbal intelligence.
This became known as a performance scale.
• This scale required a subject to actively do
something, such as copying symbols or
pointing to a missing detail in a picture, rather
than just answering questions.
• This was an important development, as it
attempted to overcome biases that were caused
by "language, culture, and education.“

33. • Further, this scale also provided an opportunity
to observe a different type of behavior, because
something physical was required. Clinicians
were able to observe how a participant reacted to
the "longer interval of sustained effort,
concentration, and attention" that the
performance tasks required.
• As the Wechsler–Bellevue scale was the first to
effectively use the performance scale, it also
introduced the "possibility of directly comparing
an individual's verbal and nonverbal
intelligence". This was possible as "the results of
both scales were expressed in comparable
units".

34. • Performance IQ (PIQ)
• Included six tests and it also provided two sub-
indices; perceptual organization and processing
speed.
• The Perceptual Organization Index (POI)
included:
• Block Design
• Matrix Reasoning
• Picture Completion

35. • The Processing Speed Index (PSI) included:
• Digit Symbol-Coding
• Symbol Search
• Subtest(s) not included in the sub-indices:
• Picture Arrangement
• Supplementary subtests (Only to be used for
total PIQ index scoring and specified sub-
index):
• Object Assembly
• Symbol Search

36. Mental disorders and Forensic psychology

37. • Mental illness, also called mental health disorders,
refers to a wide range of mental health conditions
— disorders that affect your mood, thinking and
behavior. Examples of mental illness include
depression, anxiety disorders, schizophrenia, eating
disorders and addictive behaviors.
• Many people have mental health concerns from
time to time. But a mental health concern becomes
a mental illness when ongoing signs and symptoms
cause frequent stress and affect your ability to
function.

38. • A mental illness can make you miserable
and can cause problems in your daily life,
such as at school or work or in
relationships.
• In most cases, symptoms can be managed
with a combination of medications and
talk therapy (psychotherapy).

39. • Signs and symptoms of mental illness can vary,
depending on the disorder, circumstances and
other factors. Mental illness symptoms can affect
emotions, thoughts and behaviors.
Examples of signs and symptoms include:
• Feeling sad or down
• Confused thinking or reduced ability to concentrate
• Excessive fears or worries, or extreme feelings of
guilt
• Extreme mood changes of highs and lows

40. • Withdrawal from friends and activities
• Significant tiredness, low energy or problems sleeping
• Detachment from reality (delusions), paranoia or
hallucinations
• Inability to cope with daily problems or stress
• Trouble understanding and relating to situations and to
people
• Problems with alcohol or drug use
• Major changes in eating habits
• Sex drive changes
• Excessive anger, hostility or violence
• Suicidal thinking

41. • Forensic mental health services provide assessment
and treatment of people with a mental disorder and
a history of criminal offending, or those who are at
risk of offending.
• There are services available to support people found
not guilty of an offence on the grounds of mental
impairment, mentally ill offenders and people at
risk of offending.
• People with a mental illness are also more likely to
be detained in custody, sentenced to imprisonment,
or to become a victim of crime.

42. • People may be referred for assessment by the
police, courts, prison, other health or mental
health services, or justice agencies, and may
have a mental illness or mental disorder.
Treatment may be provided in the community,
in hospital or in prison.
• The mental state of some offenders, or alleged
offenders, may need to be assessed for a variety
of reasons, including:
1 .Whether or not they are capable of making a
plea in court
2.Their state of mind at the time of the offence
3.Their current need for mental health
treatment.

43. Mental disorders
• Mental disorders include:
i. Organic brain disorders – damage to brain
tissue caused by diseases such as alcoholism
or dementia
ii. Personality disorders – enduring disturbances
in the way in which a person interacts with
others
iii. Intellectual disability – caused by problems
with brain development.

44. • The type of person seen by forensic mental health
clinicians may include:
a. Prisoners who need inpatient treatment
b. Prisoners requiring assessment or management of
a mental illness
c. People who are accused of crimes, but are
considered unfit to plead because of their mental
impairment
d. People who are found not guilty of crimes because
of mental impairment
e. Offenders or alleged offenders who are referred by
courts or other agencies (for example, the Adult
Parole Board) for assessment.

45. f. People unable to be managed safely in
mainstream mental health services
g. People living in the community who have a
serious mental illness and have offended, or are at
high risk of offending.
Treatment for offenders with mental health issues
Treatment options for people with forensic mental
health issues may include:
Medication
Counselling
Rehabilitation

46. a. Medication – such as antidepressants,
antipsychotics and other medications to control
some of the symptoms of particular mental
illnesses or mental disorders
b. Counselling – one-on-one or group therapy
c. Rehabilitation – involvement in a program
directed at enabling people to live safely within
the community.

47. Anxiety Disorders
• Anxiety disorders are characterised by excessive fear
and worry and related behavioural disturbances.
Symptoms are severe enough to result in significant
distress or significant impairment in functioning.
• There are several different kinds of anxiety disorders,
such as:
1. generalised anxiety disorder (characterised by
excessive worry)
2. panic disorder (characterised by panic attacks)
3. social anxiety disorder (characterised by excessive
fear and worry in social situations)
4. separation anxiety disorder (characterised by
excessive fear or anxiety about separation from those
individuals to whom the person has a deep emotional
bond), and others.

48. Depression
• Depression is different from usual mood fluctuations
and short-lived emotional responses to challenges in
everyday life.
• During a depressive episode, the person experiences
depressed mood (feeling sad, irritable, empty) or a
loss of pleasure or interest in activities, for most of
the day, nearly every day, for at least two weeks.
• Several other symptoms are also present, which may
include poor concentration, feelings of excessive guilt
or low self-worth, hopelessness about the future,
thoughts about dying or suicide, disrupted sleep,
changes in appetite or weight, and feeling especially
tired or low in energy.

49. • People with depression are at an increased risk of
suicide. Yet, effective psychological treatment
exists, and depending on the age and severity,
medication may also be considered.
Bipolar Disorder
• People with bipolar disorder experience alternating
depressive episodes with periods of manic
symptoms.
• During a depressive episode, the person
experiences depressed mood (feeling sad, irritable,
empty) or a loss of pleasure or interest in activities,
for most of the day, nearly every day.

50. • Manic symptoms may include euphoria or
irritability, increased activity or energy, and other
symptoms such as increased talkativeness, racing
thoughts, increased self-esteem, decreased need
for sleep, distractibility, and impulsive reckless
behaviour.
• People with bipolar disorder are at an increased
risk of suicide. Yet effective treatment options exist
including psychoeducation, reduction of stress
and strengthening of social functioning, and
medication.

51. Post-Traumatic Stress Disorder (PTSD)
• PTSD may develop following exposure to an extremely
threatening or horrific event or series of events. It is
characterised by all of the following:
1) Re-experiencing the traumatic event or events in the
present (intrusive memories, flashbacks, or nightmares)
2) Avoidance of thoughts and memories of the event(s), or
avoidance of activities, situations, or people reminiscent
of the event(s)
3) Persistent perceptions of heightened current threat.

52. • People with schizophrenia may
experience persistent difficulties with
their cognitive functioning.
• Yet, a range of effective treatment options
exist, including medication,
psychoeducation, family interventions,
and psychosocial rehabilitation.

53. • These symptoms persist for at least several weeks and
cause significant impairment in functioning. Effective
psychological treatment exists.
Schizophrenia
• People with schizophrenia have a life expectancy 10-20
years below that of the general population.
• Schizophrenia is characterised by significant impairments
in perception and changes in behaviour.
• Symptoms may include persistent delusions,
hallucinations, disorganised thinking, highly disorganised
behaviour, or extreme agitation.

54. Eating Disorders
• Eating disorders, such as anorexia nervosa
and bulimia nervosa, involve abnormal eating
and preoccupation with food as well as
prominent body weight and shape concerns.
• The symptoms or behaviours result in
significant risk or damage to health,
significant distress, or significant impairment
of functioning.

55. • The symptoms or behaviours result in significant
risk or damage to health, significant distress, or
significant impairment of functioning.
• Anorexia nervosa often has its onset during
adolescence or early adulthood and is associated
with premature death due to medical complications
or suicide.
• Individuals with bulimia nervosa are at a
significantly increased risk for substance use,
suicidality, and health complications. Effective
treatment options exist, including family-based
treatment and cognitive-based therapy.

56. Disruptive behaviour and dissocial disorders
• This disorder, also known as conduct disorder, is one of
two disruptive behaviour and dissocial disorders, the
other is oppositional defiant disorder.
• Disruptive behaviour and dissocial disorders are
characterised by persistent behaviour problems such as
persistently defiant or disobedient to behaviours that
persistently violate the basic rights of others or major
age-appropriate societal norms, rules, or laws.
• Onset of disruptive and dissocial disorders, is
commonly, though not always, during childhood.
Effective psychological treatments exist, often involving
parents, caregivers, and teachers, cognitive problem-
solving or social skills training.

57. Neurodevelopmental disorders
• Neurodevelopmental disorders are behavioural
and cognitive disorders, that arise during the
developmental period, and involve significant
difficulties in the acquisition and execution of
specific intellectual, motor, language, or social
functions.
• Neurodevelopmental disorders include disorders of
intellectual development, autism spectrum
disorder, and attention deficit hyperactivity
disorder (ADHD) amongst others.

58. • ADHD is characterised by a persistent pattern of
inattention and/or hyperactivity-impulsivity that
has a direct negative impact on academic,
occupational, or social functioning.
• Disorders of intellectual development are
characterised by significant limitations in
intellectual functioning and adaptive behaviour,
which refers to difficulties with everyday
conceptual, social, and practical skills that are
performed in daily life.
• Autism spectrum disorder (ASD) constitutes a
diverse group of conditions characterised by some
degree of difficulty with social communication and
reciprocal social interaction, as well as persistent
restricted, repetitive, and inflexible patterns of
behaviour, interests, or activities.

59. Mental illness
• Mental illness is an umbrella term that refers to
many different illnesses that affect the mind.
Around one in five Australians will experience some
form of mental illness – mild, moderate or severe –
at some time in their lives.
• Mental illnesses can be divided into two main
groups:
1.Non-psychotic illness – symptoms include
overwhelming feelings of sadness, tension or anxiety,
and difficulties coping with everyday life. Depression
and anxiety disorders like phobias and obsessive
compulsive disorders are examples of non-psychotic
illnesses.

60. 2.Psychotic illness – symptoms include
delusions, hallucinations and a distorted
view of reality. Schizophrenia and bipolar
disorder (manic depression) are examples
of psychotic illnesses.

61. PSYCHOLOGY OF EVIDENCE

62. Psychology of eyewitness testimony
• Eyewitness identification refers to a type of evidence in
which an eyewitness to a crime claims to recognize a
suspect as the one who committed the crime.
• Eyewitness testimony is what happens when a person
witnesses a crime (or accident, or other legally
important event) and later gets up on the stand and
recalls for the court all the details of the witnessed
event.
• It includes what happens during the actual crime to
facilitate or hamper witnessing, as well as everything
that happens from the time the event is over to the later
courtroom appearance.

63. • Eyewitnesses can provide very compelling legal
testimony, but rather than recording experiences
flawlessly, their memories are susceptible to a
variety of errors and biases. They (like the rest of
us) can make errors in remembering specific details
and can even remember whole events that did not
actually happen.
• In cases where the eyewitness knew the suspect
before the crime, issues of the reliability of memory
are usually not contested. In cases where the
perpetrator of the crime was a stranger to the
eyewitness, however, the reliability of the
identification is often at issue.

64. • In recent years, wrongful convictions of innocent
people have been discovered through post-
conviction DNA testing; these cases show that more
than 80 percent of these innocent people were
convicted using mistaken eyewitness identification
evidence.

65. The three distinct phases of memory
Psychologists commonly partition memory into three
distinct phases. The first phase is acquisition, The
second phase is retention and The final phase is
the retrieval phase.
• The acquisition phase refers to processes involved
in the initial encoding of an event and the factors
that affect the encoding.
• Problems in acquisition include the effects of
expectations, attention, lighting, distance, arousal,
and related factors that control the types, amount,
and accuracy of the encoded information.

66. • Eyewitnesses to crimes often witness the event
under poor conditions because the event happens
unexpectedly and rapidly. Attention may be
focused on elements that are of little use for later
recognition of the perpetrator, such as focusing on
a weapon.
• The retention phase refers to the information that
is acquired must be retained for later use.
• Memory generally declines rapidly in the initial time
periods and more slowly later in what psychologists
describe as a negatively decelerating curve.

67. • Importantly, new information can be acquired
during this slower phase and mixed together with
what was previously observed to create confusion
regarding what was actually seen by the eyewitness
and what was perhaps overheard later.
• The witnesses will use false information contained
in misleading questions to create what appear to be
new memories that are often dramatically different
from what was actually observed.
• The retrieval phase is of two primary types they
are recall and recognition.

68. • In a recall task, the witness is provided with some
context (e.g., the time frame) and asked to provide a
verbal report of what was observed.
• In a recognition task, the witness is shown some
objects (or persons) and asked to indicate whether
any of them were involved in the crime event.
• Retrieval failures can be either errors of omission
(e.g., failing to recall some detail or failing to
recognize the perpetrator) or errors of commission
(e.g., recalling things that were not present or
picking an innocent person from a lineup).

69. The distinction between estimator variables and
system variables
The scientific eyewitness identification literature
has tended to rely on a distinction between estimator
variables and system variables.
Estimator variables are those that affect the
accuracy of eyewitness identifications, but cannot be
controlled by the criminal justice system. System
variables also affect the accuracy of eyewitness
identifications, but the criminal justice system can
control those variables.

70. • Estimator variables. One of the estimator
variables that has received considerable attention is
the race of the perpetrator relative to the race of the
eyewitness.
• A consensus now exists that it is more difficult to
identify the face of a stranger from another race
than to identify the face of a stranger from one's
own race.
• There appears to be an element of symmetry to this
effect. For instance, white Americans have more
difficulty identifying the faces of black Americans
than they do of other white Americans, and black
Americans have more difficulty identifying the faces
of white Americans than they do of black
Americans.

71. • Experiments suggest that the presence of a weapon
draws attention toward the weapon and away from
the weapon-holder's face, resulting in less reliable
identification performance by eyewitnesses.
• Stress, fear, and arousal have rarely been studied
with regard to identification evidence and the
problems with studying these variables in an
ecologically valid manner are complex.
• Gender, intelligence, and personality factors appear
to be weakly, if at all, related to the tendency to
make correct or mistaken identifications

72. • System variables. Scientific understanding of
system variables has progressed more rapidly than
it has for estimator variables.
• System variable research has focused primarily on
four factors, namely the instructions to
eyewitnesses, the content of a lineup, the
presentation procedures used during the lineup,
and the behaviors of the lineup administrator.
• In attempting to understand the importance of
these system factors, it is useful to describe briefly
the process through which mistaken identifications
seem to occur.

73. • A dominant account of the process of
eyewitness identification that has emerged is
the relative judgment process. According to this
account, eyewitnesses tend to select the person
from the lineup who most closely resembles the
perpetrator relative to the other members of the
lineup.
• This process works reasonably well for
eyewitnesses as long as the actual perpetrator
is in the lineup. When the actual perpetrator is
not in the lineup, however, there is still
someone who looks more like the perpetrator
than the remaining members of the lineup,
thereby luring eyewitnesses to pick that person
with surprising frequency.

74. Eyewitness confidence
• The confidence of an eyewitness is the principal
determinant of whether or not jurors will believe
that an eyewitness made an accurate identification.
• Early research suggested that there was no relation
between the confidence with which eyewitnesses
made identifications and the accuracy of those
identifications. Later research has shown that there
is a relation between eyewitness identification
confidence and accuracy, although it is not a
strong relation.

75. • Repeated questioning of eyewitnesses tends to have
similar confidence-inflating properties such that
eyewitnesses tend to become more confident in
their incorrect reports with repeated questioning.

76. Psychology of confession evidence

77. Confession Evidence
• Confession evidence is highly potent, and its
incriminating effects are difficult to erase.
• In cases where a confession is disputed, a
judge determines the voluntariness and
admissibility of the confession during a
preliminary hearing.
• In the American criminal justice system, if a
confession is deemed voluntary, it is then
submitted for consideration to the jury.

78. • It is clear that jurors faced with evidence
of a confession, and the defendant’s claim
that it was false, must determine the
credibility and weight of that evidence in
reaching a verdict.
• Mock jury studies have shown that
confession evidence has a greater impact
on jury decision making than other forms
of human evidence, such as eyewitness
identification and character testimony.
• Confessions are so difficult to overcome

79. Criminal profiling
• Criminal profiling refers to the process in which the
nature of a crime is used to make inferences about
the personality and other characteristics of the
likely offender.
• Offender profiling, also known as criminal
profiling, is an investigative strategy used by law
enforcement agencies to identify likely suspects and
has been used by investigators to link cases that
may have been committed by the same perpetrator.

80. • Multiple crimes may be linked to a specific offender
and the profile may be used to predict the identified
offender's future actions.
• The sensational and dramatic elements of profiling
portrayed in various well-known movies, television
series, and books (usually those depicting a serial
killer) seem to be in sharp contrast with reality.
• Profiling is not widely accepted in the psychological
and legal community, and some courts have even
ruled profiling testimony inadmissible.
• There are two main reasons for this, they are:

81. • First, a criminal profile only gives a broad
indication of the type of person who may have
committed the crime. It does not indicate a specific
individual who happens to fit the profile. The
profiler is therefore unable to say whether it is more
probable than not that a specific offender did, in
fact, commit the crime.
• Second, there is no scientific evidence to support
the reliability and validity of criminal profiling in
solving crimes. Indeed, it seems that when profiling
does assist the police in solving a case or in
opening up new lines of inquiry, it is the exception
rather than the rule.

82. • Criminal profiling is one tool available to
investigative agencies that may assist in narrowing
suspect pools, linking crimes, providing relevant
leads and new investigative strategies, and keeping
the overall investigation on track.
• Profiles are intended to provide investigators with a
set of refined characteristics of the offender for a
crime or a crime series that will assist their efforts.

83. Psychology in court room

84. Psychology in court room with special reference to section 84
IPC
Section 84 in The Indian Penal Code
84. Act of a person of unsound mind.—Nothing is an
offence which is done by a person who, at the time of doing it, by
reason of unsoundness of mind, is incapable of knowing the
nature of the act, or that he is doing what is either wrong or
contrary to law.

85. • The main goals of psychology are to describe,
explain, predict, and improve human thoughts,
behaviours and processes.
• Although it has been mostly disproven or
dismissed, one of the most infamous examples of
implementing psychological techniques in the
courtroom can be seen in the use of a lie detector.
• The jury's decision varies depending on the
situation, but other factors can also influence their
judgment, sometimes without them being aware of
it. These factors can include the appearance, race,
accent and type of crime of the defendant, and even
the level of confidence of the witness. Both forensic
and social psychology is involved in the courtroom.

86. • There are several ways that psychology
affects the justice system. One example
that is very famous in psychology is the
research by Loftus and Palmer
(1974) who discovered that when
questions are asked to witnesses in a
certain way (misleading questions), they
can alter their memories and cause their
eyewitness testimonies to become less
accurate.

87. Psychology and Witness Confidence
• The amount of confidence a witness has in
their eyewitness testimony can have an effect on
the jury's evaluation of how accurate it is, and
therefore, affects their decision of judging the
defendant.
• Therefore, the higher the confidence of the witness,
the more likely jurors were to pass a guilty verdict
on the defendant. This may be because
truthfulness, knowledge and reliability may be
associated with confidence, whilst being nervous
and shy may be associated with the feeling that the
witness is lying.

88. Forensic Psychology in the Courtroom
• Forensic psychologists have responsibilities in the
civil and criminal court systems, such as doing
mental health checks, giving legal opinions
regarding topics like child custody, and providing
expert testimonies on the stand. One of the main
responsibilities is letting the court know about the
fallibility of memory which affects the accuracy of
eyewitness testimonies.

89. • In order to take the defence under this section it is
not merely enough to simply take the plea of
insanity, rather, based on the facts and
circumstances of the case, the thing which is to be
proved in front of the court of law is that the person
who committed the offence, was suffering from
unsoundness of mind at the time of the
commission of the offence and was relatively not in
a position to judge the nature and consequences of
the act at that particular juncture of time.
• The terms unsoundness of mind and insanity are
the terms used for referring to the same concept.
The only difference between the two terms is that
the phrase ‘Unsoundness of mind’ is used in Indian
law while the term insanity is used in the English
law.

90. • The unsoundness of mind can be of two types in
terms of nature:
a) Permanent unsoundness of mind (In the situation
of permanent unsoundness of mind, a person is
deprived of his thinking abilities and mental
faculty permanently due to any psychological or
mental problem)
b) Temporary unsoundness of mind (in the situation
of temporary unsoundness of mind, a person is
temporarily in the state of loss of his motor skills
and thinking capacity. This type of unsoundness
of mind can be due to a number of reasons
ranging from intoxication, intake of drugs etc.)

91. • Essentials of section 84 of IPC:
i. The act should be done by an individual of unsound
mind
ii. Such individual should be impotent of judging and
knowing:
a. The exact nature of the act done by him, or
b. The act committed by him is inconsistent with the
law of the land, or
c. The act done by him was wrong
iii. The impotency thus caused to the individual should
be due to the exclusive reason of unsoundness of
Mind.
iv. The impotency mentioned above in Paras2 must exist
at the time of doing the act constituting an offence.

92. LEGAL INSANITY vis-à-vis MEDICAL INSANITY
• Medical insanity doesnot mean a person is mad or
crazy. It most of the time means that the person is
on medicines or under consultation with a
psychiatrist or therapist but are able to make
informed decisions and can do for them and lead a
normal life.
• A person maybe mentally ill and not legally insane
small things like stress anxiety are also mental
illness.
• legal insanity means, at the time of the
commission of the act, the person should be
suffering from mental illness and also have a loss
of reasoning power.

93. • There needs to be a difference between legal
insanity and medical insanity. A Court is only
concerned with legal insanity, and not medical
insanity.
• What is given by Section 84, IPC, 1860 is the
defence of legal insanity as distinct from medical
insanity. An individual becomes lawfully insane
when he or she is unable to recognize the meaning
of the act or that what he did was wrong, or
against the law. Individual incapacity on the
definition of insanity must be of the sort attracting
the application of section 84, IPC, 1860.

94. • An individual who claims exoneration under section
84 of the IPC, 1860 from responsibility for an
offense has to prove civil insanity and not mental
insanity.
• The IPC, 1860 did not describe the term
“unsoundness of mind” and it was primarily
regarded as being similar to insanity.
• Any individual who has mental disorder is not
excluded from criminal liability.
• No doubt the medical profession will view the
accused as a mentally ill person.
• However, in order to assert the privilege of
defending insanity in court, the defendant would
have to show that at the time the crime was
committed his cognitive skills were so affected that
he did not realize the essence of the act. Section 84
of IPC, 1860 contemplates only legal insanity.

95. However, in order to assert the privilege of defending
insanity in court, the defendant would have to show
that at the time the crime was committed his cognitive
skills were so affected that he did not realize the
essence of the act. Section 84 of IPC, 1860
contemplates only legal insanity.
1. M'Naghten rules: Excuses a defendant who, by virtue
of a defect of reason or disease of the mind, does not
know the nature and quality of the act, or, if he or she
does, does not know that the act is indeed wrong.
2. Durham rule: Excuses a defendant whose conduct is
the product of mental disorder.