The Role of Psychological Assessments in Court
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The Role of Psychological Assessments in Court

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Have you ever thought about what drives a serial killer? Why would they carry out such brutal attacks? Wouldn’t they have empathy? What does their court trial look like? Will there be a psychological exploration of these cases? Here is where Forensic Psychology comes into the picture. Forensic Psychology is an application of psychology in the legal field. Courts have in-house forensic psychologists to conduct various psychometric tests to evaluate the mental health of the individuals involved in a case. 

Their thoughts, feelings and behaviour drive most activities that people carry out in their lives. Criminal behaviour also involves a psychological dimension, so it’s important to assess both the individual and the offence psychologically. Judges or legal officials mandate psychological evaluations as part of certain legal proceedings. In legal cases, the prosecutor may appeal for gauging the defendant’s mental health. This article examines how courtroom settings use psychological assessments.

What are the different types of psychological assessments courts use?

A psychological assessment ordered by the court is a detailed process that uses different evaluations to better understand a person’s mental health. The psychometric tests chosen depend on their relevance to the case and the person being evaluated. Below are a few types of psychological assessments.

  • Behavioural Assessments: For certain cases, especially with children or specific behavioural issues, behaviour checklists may be used to collect information on how someone behaves in everyday situations or reacts to particular prompts.
  • IQ Assessments: It measures mental abilities like memory and problem-solving. These assessments are especially important in situations where cognitive function is being questioned, such as in cases determining the competency of the accused.
  • Personality Assessments: These assessments examine personality traits and characteristics to understand behaviour, emotions, and personality structure. They can be essential in legal matters such as criminal defence cases.
  • Projective Tests: These tests are designed to delve into underlying thoughts, feelings, and reactions to ambiguous situations. For  Example, the Thematic Apperception Test (TAT) can reveal issues that might not be easily identified through other methods.
  • Risk Assessment Tools: In criminal cases or situations where there may be a risk of harm to oneself or others, risk assessment tools are used. These tools help evaluate the chances of future harmful behaviour.

In addition to conducting multiple psychological assessments, the psychologists also collect some other information from the legal document and medical history. Workplace details and educational records are also included for overall evaluation. The mental health expert makes direct observation and interviews the individual’s family members before submitting the final assessment report to the court. It is extremely important to provide accurate inferences as these psychological assessments have a significant impact on legal cases.

What factors need to be considered in psychological assessments in court?

Now that we understand these psychological evaluations play a crucial role during court proceedings, it is important to consider how strong these tests are psychometrically. Let us now see about some theories, factors and considerations of these evaluations. The two most known psychometric theories under which the commonly used psychological assessments fall are explained below.

  • Classical Test Theory: This theory emphasizes assessing a test’s dependability and accuracy by examining the overall scores and their consistency. It presumes that every test result is made up of an actual score and an error factor.
  • Item Response Theory: This theory examines how individual test items perform and how they relate to a person’s ability level. It aims to provide a more detailed analysis of how each item contributes to measuring a person’s traits or skills.

While there are many psychological assessments like Standardized Achievement Tests (SAT), Minnesota Multiphasic Personality Inventory (MMPI), etc based on these theories, two important properties for any type of evaluation are: Reliability and Validity 

  • Reliability: It refers to the degree to which a psychological assessment produces stable and repeatable results over time. For example, a personality questionnaire is administered to a group of individuals twice within a short period. If the results are consistent across both administrations, this indicates that the questionnaire has good reliability.
  • Validity: It refers to the degree to which a test truly reflects what it aims to evaluate. For instance, a valid test of anxiety should accurately assess anxiety levels, not something unrelated like intelligence.

Therefore, it is important to conduct standard psychometric tests that provide reliable and valid results.

How useful are psychological assessments in court?

The psychological evaluations are helpful in the following ways:

  • Legal Accountability: A psychological assessment helps explore an individual’s personality. It examines if the charged person had any psychological illness at the time of the crime. This might lead to a verdict of not guilty because of insanity. 
  • Future consideration: It also can identify and provide a caution note if the individual is likely to commit the same action again in future. It gives management strategies to stop reoffending. The evaluation also sees if there is hope for rehabilitation and consideration of lenient sentences.
  • Check Competence: The main goal of a psychological evaluation is to assess whether a person is competent to participate in a trial. This means assessing whether they understand the consequences of their actions and can participate in their defence. It’s crucial for deciding if someone can face trial or help with their legal representation.

When are these assessments used?

These tests are performed in both civil and criminal cases. Below are some examples where psychological evaluation is considered.

  • Child Custody during separation: Assessing whether a parent is fit for custody or if their parental rights should be terminated.
  • Incompetence: They play a key role in situations where a criminal defendant claims incompetence to stand trial or insanity at the time of the crime.
  • Personal Injury: In personal injury lawsuits, evidence of emotional distress can be presented to demonstrate how the injury has caused significant psychological suffering. 
  • Imprisonment: Judges may use risk assessment tools to help decide if an offender should be imprisoned, or whether they should remain in custody even after their sentence is complete.
  • Death Sentencing: Intelligence tests have become nearly decisive in deciding if someone should be sentenced to death, based on Supreme Court rulings that exclude individuals with intellectual disabilities from the death penalty.

In conclusion, we now know that psychological assessments are generally considered during the pre-trial stage and sentencing. During the pre-trial stage, the assessment can guide the legal team and judge on whether the person is capable of entering a plea, standing trial, and participating in the proceedings. During sentencing, the psychometric results help to analyze why a person behaved the way they did. This understanding can be valuable in making decisions about guilt and sentencing.

FAQs:
1. What is Forensic Psychology?

Forensic Psychology is an application of psychology in the legal field.

2. What is a court-ordered psychological assessment?

Court-ordered psychological evaluations are assessments mandated by a judge or legal official as part of certain legal proceedings. In legal cases, the prosecutor may appeal for gauging the defendant’s mental health. 

3. Name a few psychological assessments 

Risk assessment test, personality test, IQ test

4. What are the two important factors considered for a psychological evaluation?

Reliability and validity

References +

Neal, T. M. S., Slobogin, C., Saks, M. J., Faigman, D. L., & Geisinger, K. F. (2019). Psychological assessments in legal contexts: Are courts keeping “Junk science” out of the courtroom? Psychological Science in the Public Interest, 20(3), 135–164. https://doi.org/10.1177/1529100619888860

Bs, A. S. (2024, May 29). What are Court-Ordered Psychological Evaluations? | New Waters. New Waters Recovery. https://newwatersrecovery.com/resource/what-are-court-ordered-psychological-evaluations/

When is a Forensic Psychology assessment helpful in criminal court proceedings? (n.d.). https://forensicpsychologyuk.com/when-is-a-forensic-psychology-assessment-helpful-in-criminal-court-proceedings

Luddy, D. (2024, March 2). What to Expect from a Court-Ordered Psychological Evaluation. Dr. Long & Associates – Expert Psychological Evaluation Service. https://www.drlisalong.com/blog/what-to-expect-from-a-court-ordered-psych-eval

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