Two needs for forensic assessment in civil forensic cases
Two important types of civil cases in which forensic psychological assessment may be required are worker’s compensation and custody hearings. In the former, the client is usually asking for some sort of monetary compensation for damages that have been caused by their employees. In the second one, there is usually an underage person whose custody is being determined by the courts, as his or her parents are going through a process of separation. Obviously, these are caricatures of the complex real cases that real forensic psychologists have to face. Nevertheless, they will serve as models to explain the different roles that this professional can undertake in his or her practice.
As far as employment law goes, forensic psychologists can evaluate psychological factors that have to do with “harassment or sexual harassment in the workplace, discrimination issues, and psychological disability related to Worker's Compensation” (Franklin, 2011). Generally, they are asked for assessments. Nevertheless, it is important to note that if there is a significant amount of trauma from the workplace, they may intervene as well.
Forensic psychologists are usually called in for cases of worker’s compensation. Their main role is that of an evaluator, especially in terms of psychological damages that may have been caused by one of the parties upon the other. They mainly have to evaluate the parties of the civil litigation in terms of the mental health issues that may be important to contemplate for the legal issues that are being put on trial (Roesch, Zapf & Hart, 2010).
An important part of this is discerning if the mental health phenomenon was actually caused by the events or not. “For example, the emergence of psychotic symptoms following a traumatic event may be caused by the early stages of Huntington's disease arising independently of the accident” (Glancy et al, 2015). Therefore, it is not enough to diagnose unhealthy mental states, but to be able to assure that they are linked to events that occurred within the workplace.
Another important evaluation that forensic psychologist may make is the evaluation of the two parties in custody cases. This may involve forensic psychologists working as expert witnesses, testifying as to the mental workings of the defendant and the disputing parties, saying if they are competent, dangerous, insane, etc. (Roesch, Zapf & Hart, 2010). In these cases, the forensic psychologists may also have to treat the families or their members.
As a whole, they have to work with the legal team to determine what is best for the person whose custody is being debated. “Child custody evaluation has a primary goal of clarifying what is in children's best psychological interest” (Hynan, 2013, p. 182). By being experts in mental health, they can give their professional opinion as to what would be best for that person.
Psycholegal issues in each type of evaluation
There are many psycholegal issues at stake when undergoing an evaluation. “For litigation involving claimed mental harm, the expert should request important legal documents” (Glancy et al, 2015). As one can see, these two disciplines are constantly relating to each other in these cases, so it is important to note what these aspects are.
Confidentiality is one of the most important ones, as it varies within the law. In some places, everything that the client says is confidential, with the professional being able to discern what should be told and what should not. On the other hand, some legislation requires forensic psychologists to talk more about what they are told. Furthermore, the consequences of the actions should also be taken into consideration. The psychologist should base his or her opinion on sound evidence in order to make it optimal.
Role of the independent medical examiner or forensic psychologist
These professionals are usually called into court in order to give precise and scientific information about the case at hand. They are held to be objective, relying on the prestige of the scientific psychological community to give them authority. It is important to note that the forensic psychologist is usually given “time to assess the case and formulate an opinion without a concrete work product that could later be used in court” (Glancy et al, 2015). Therefore, it is in everybody’s best interest for the psychologist to work as impartially as possible, in order for him to get to the truth of the situation as profoundly and professionally as possible.
Key elements to include in the forensic mental health report
Forensic reports are usually “Focused on forensic, psycholegal questions” (Witt, 2014, p. 2). In them, “No extraneous information or issues” should be addressed (Witt, 2014, p. 2). In general, one tries to go from the more concrete to the abstract matters of the situation.
The main structure of a forensic mental health report begins with the identifying information, including the referral information, legal status and referral question. This should also “Describe the manner in which the examinee was informed of the purpose of the evaluation and limits of confidentiality” (Grisso, 2010, p. 107). Then, it is important to include the structure of the evaluation. This includes the sources of the information, as well as the limits of confidentiality and privilege.
After, one needs to write the clinical data, which includes the historical information, behavioral observations, medical history, current mental status and results of psychological testing. Finally, the opinion should include a clinical summary with a possible diagnosis, the response to the referral question and some possible recommendations (Witt, 2014).
Legal entity or stakeholder who might request each type of assessment report
There are several legal entities or stakeholders that may ask for a forensic psychology assessment. The judge may call for an independent investigation in order to be sure that the facts are objective. The attorneys can do so as well, seeking to evaluate the mental state of the people involved in the trial.
Potential reasons for the requests
There are many potential reasons that a person may request a psychological assessment. They may be called in by the person seeking the compensation in order to prove that psychological or emotional damage was, in fact, imparted. This includes not only direct psychological damage, but indirect as well; if a person suffers an injury on the job, psychological damage may stem from this, and it would also be considered work-related (Franklin, 2011).
On the other hand, the attorneys may ask for psychological evaluation in order to discredit somebody. If they believe that the person has an underlying mental health condition, an attorney may ask for a mental health evaluation in order for others to take this into account when considering their testimony. This is especially common in custody cases, where the parties are fighting to make the other person be seen in a negative light.
Assessments utilized to write reports
Obviously, the main tool for psychologists is the interview, in which they can gather the majority of the information straight from the person. Nevertheless, other tools, such as psychological tests, can also be used. In general, Grisso (2010) suggests that one “Employ psychological tests based on appropriateness for addressing the forensic and clinical referral questions” (p. 109). In this sense, virtually any test can be used when writing a report. Obviously, the most common are intelligence and personality tests, including inventories for depression.
Limitations of the reports
The main limitation that reports have is that they can one has to express one’s opinion, yet completely basing it with sound explanations. This is seen as the most frequent fault in the writing of forensic reports, with 56% committing it (Grisso, 2010).
“Score and interpret psychological tests accurately and consistent with their empirical limits and values” (Grisso, 2010, p. 109).
Reference List
Franklin, D. J. (2011) Psychology information online. Retrieved from http://psychologyinfo.com/forensic/civil_court.html
Glancy, G. D., Ash, P., Bath, E. P., Buchanan, A., Fedoroff, P., Frierson, R.L., . . . Zonana, H. V. (2015). AAPL Practice guideline for the forensic assessment. Journal of the American Academy of Psychiatry and the Law Online. 43(2), S3-S53. Retrieved from http://www.jaapl.org/content/43/2_Supplement/S3.long
Grisso, T. (2010). Guidance for improving forensic reports: A review of common errors. Open Access Journal of Forensic Psychology, 2, 102-115. Retrieved from https://www.abpp.org/files/page-specific/3356%20Forensic/21_--Guidance%20for%20Improving%20Forensic%20Reports.pdf
Hynan, D. J. (2013). Assessing parenting in child-custody evaluation: Use of the Parent-Child relationship inventory. Open Access Journal of Forensic Psychology, 5, 194-210. Retrieved from http://media.wix.com/ugd/166e3f_026eac48d3fb42e6a83a17c04e7c71ef.pdf
Witt, P. H. (2014). Forensic report writing: Principles & fundamentals [PowerPoint slides]. Retrieved from http://www.fmhac.net/Assets/Documents/2014/Handouts/Witt%20Handouts.pdf
Zapf, P. (2011). What are the roles and responsibilities of a forensic psychologist?. Retrieved from http://www.clinicalforensicpsychology.org/what-are-the-roles-and-responsibilities-of-a-forensic-psychologist/
