What is a forensic expertise in psychology?

We explain the characteristics of this type of process linked to the judicial field.

The need for collaboration between Law and Psychology for the proper functioning of the judiciary is becoming more and more evident. Psychology and Law have in common their object of intervention, which is none other than the behavior of the person. In fact, psychology is an "ally" of the law, Psychology is an "ally" of the LawIn fact, psychology is an "ally" of law, because when faced with the questions of justice, psychology cooperates in the forum (court or tribunal), and improves the exercise of law.

One of the roles of a forensic psychologist is to issue expert reports, i.e. to be a forensic expert.that is, to be a forensic expert. The forensic expert is in charge of carrying out a psychological evaluation directly associated with the court case in accordance with his or her experience and specific knowledge.

In this sense, a forensic psychologist expert may not issue personal opinions without scientific basis, must not issue professional opinions (e.g., presence of psychopathology) without having properly evaluated him/her, must not use inappropriate evaluation methods, must be impartial and is obliged to use contrasted information. In addition, the report issued by the forensic expert must be replicable.

Definition of forensic expertise

Purely, the forensic expertise is the action derived from a technical recognition of a specialist or several specialists that serves as evidence for a Judge or a Court. The purpose of forensic expertise is to assist and facilitate the work of judges and courts. That is to say, it is a question of making the technical knowledge of an expert available to a court in the form of a report and oral testimony. (ratification of the expert report).

It should be emphasized that forensic expert reports are not binding for the court, but they are often a very useful tool for judges to clarify some doubts that may arise about the case they are judging. To give an example in psychology, forensic psychological forensic expert opinions stand out in the area of witness credibility analysis, as well as expert opinions on the credibility of witnesses.as well as expert opinions carried out on victims of child sexual abuse.

In Spain, the law that regulates the issuance of forensic expert opinions in its breadth is the Criminal Procedure Act (Ley de Enjuiciamiento Criminal).

Who can request this service?

In Spain, there are normally 2 ways in which a psychologist can be contacted for an expert opinion:

• At the request of a party (art. 632 LECr): by both the prosecution and the defense..
• At the request of judges, courts or interested parties (457-458 LECr).

Subjects covered

There are several reasons why the preparation of a forensic expert's report by a psychologist may be required. In general terms, there are two main areas in judicial matters that delimit the topics that may require these that are likely to require these expert opinions: expert opinions in civil, family and labor matters, and, finally, expert opinions in criminal matters.

Civil, family and labor field

• Parental authority.
• Guardianship and custody.
• Psychological effects and risks of separation or divorce.
• Total or partial incapacitation.
• Damages and psychological sequels derived from accidents.
• Parental suitability for adoption.
• Testamentary capacity.
• Mobbing.
• Work incapacity or work disability..

Criminal Law

• Credibility of testimony.
• Crimes of domestic violence and gender violence.
• Evaluation of imputability (cognitive and volitional capacities).
• Victimological psychological sequelae.
• School bullying.
• Child sexual abuse.
• Crimes against sexual freedom.
• Dangerousness and criminal recidivism.

What work does the forensic psychologist usually perform?

Some of the questions most frequently asked of the forensic psychologist in the criminal field are:

• Why did that person commit that crime? (motivation).
• What are the sequelae of the victim?
• Does the person suffer from a mental disorder? (the person's imputability is evaluated).
• What personality characteristics define the defendant?
• What is the likelihood that the defendant will reoffend?
• How credible is the minor's testimony in relation to the alleged abuse?

Stages of forensic psychological expertise

Broadly speaking, five main stages can be identified for the development of a forensic psychological assessment. Depending on the complexity of the matter and the number of people to be evaluated, the process will take more or less time, as well as the fees.

1. Initial contact

The claim is received and an attempt is made to clarify the essential points of the claim. At this point the forensic psychologist decides whether to accept or reject the case.

2. Documentation of the case

Exploration of sources of information, reading and study of the judicial file, documents, court records, etc.documents, documents, records, etcetera.

3. Psychological evaluation

The persons involved in the object of the expertise are evaluated. In the report this section is very important, since it must state very clearly the methodology used by the expert, the interviews carried out, the techniques used and the date and place of each evaluation session.

4. Written report

It is absolutely essential the clarity of the exposition, the structure of the report, and provide clear and concise answers to the questions posed by the judge or client.. At the end of the report should appear the conclusions and recommendations made by the expert based on the evaluation.

5. Witnessing in the courtroom

It is the ratification of the report in oral trial. It is common for the forensic expert to be questioned by lawyers, and there may even be a "confrontation" (interrogation with another psychology professional who normally maintains a different position from ours).

One of the most controversial points in psychological expert reports are the psychiatric diagnoses. We must emphasize that personality descriptions, diagnoses, behavioral predictions... must always be limited to the situation in which the data have been obtained, and special caution must be exercised when making special caution should be exercised when making statements based on personal opinions. (since they can easily lead to complaints against the psychology professional).

Can any psychologist be a forensic expert?

Unlike the practice of Clinical Psychology (in which the PIR is required to practice in the National Health System and the Official Master's Degree in General Health Psychology is required to practice in private practice), in Spain there is, for the moment, no regulation in force on the practice of Forensic Psychology.. This means that any graduate in Psychology can issue a psychological expert opinion before a Judge, a Court or a People's Jury.

In fact, in most Colleges of Psychology there is a list of experts prepared by the colleges themselves, which is usually opened twice a year. In some colleges, such as the College of Psychologists of Catalonia, there is the possibility of accrediting the specialization in Forensic Psychology.after having fulfilled a series of requirements. For some years now, leading professionals in the field, such as María José Catalán, have been demanding a state regulatory framework.

We must emphasize that few specialties of Psychology require as much preparation and varied knowledge as the field of Forensic Psychology, and it is strongly recommended, in order to avoid possible complaints, the formal preparation of future forensic experts.