Forensic psychology in the forensic-medical clinic
A summary of the types of forensic reports of expert psychology in the forensic-medical clinic.
Forensic psychology has scope in different scenarios of the judicial world, and the forensic-medical clinic is one of the most important of them..
Through these lines we will try to clarify the main issues surrounding this branch of psychology. We will review the different types of actions that may be required of the expert psychologist in this field and the characteristics of his or her forensic report.
What is forensic psychology in the medical-forensic clinic?
In order to know what is the task of forensic psychology in the forensic medical clinic, we must first understand what is the purpose of this body. The forensic medical clinic is a public center in which expert reports are made to assess the possible physical or psychological damage (which are the ones that concern us), that a person may have suffered in a situation that will be framed within a judicial process.
Therefore, in the specific case of expert psychology in the forensic-medical clinic, we are referring to the work of an expert psychologist within this institution, generally making forensic reports in which the hypothetical psychological sequelae are evaluated that an individual may have experienced after an alleged aggression or situation that can be of a very diverse nature.
But that is not the only task that a forensic psychologist working in this context may have. As we will see below, it can also receive requests from the judge to assess issues such as the possible imputability of a defendant, the presence of any psychopathology in someone who is immersed in a judicial process, etc. We will see this in detail in the following point.
Types of expert psychology in forensic-medical clinics
Indeed, there are several missions that a professional working in the field of forensic psychology in the forensic-medical clinic can have. Although we have already mentioned some of them, we will now review them in depth.
1. Psychological sequelae
One of the main actions that the corresponding judge will request the expert psychologist to perform is to to evaluate the psychological after-effects that an individual may have experienced.. In this case, the work of the professional of the forensic medical clinic will be to perform a psychological examination of the affected person in search of such sequelae.
It is important to be clear that the expert psychologist will always be extremely cautious in his conclusions, and in case of finding a possible psychological damage, he will always refer to the possible compatibility of such sequels with the aggression suffered.
2. Psychopathology
Another of the main issues studied in forensic psychology in the forensic-medical clinic is the following the presence of a possible psychopathology in an individual immersed in a judicial process.. In this sense, the expert will conduct an interview and administer the tests that he/she considers convenient to find a hypothetical mental illness that could be related to his/her acts.
Of course, the forensic reports made, as in the rest of the courts where this discipline acts, have an advisory character for the judge, who is the one who always has the last word and therefore the final decision regarding the sentence that will be imposed or not on the accused, according to his criteria.The judge is the one who always has the last word and therefore the final decision regarding the sentence to be imposed or not on the accused, according to his criteria.
3. Credibility of the testimony
One of the most complex tasks included among the functions of expert psychology in the forensic medical clinic is the evaluation of the credibility of the testimony, generally in the case of children who have been alleged victims or witnesses of a crime, such as sexual abuse.
Obviously this is one of the most delicate situations that a professional can face and his work, which must always be impeccable, in this case cannot leave room for the slightest failure.
There are interviewing tools and protocols for minors designed to reduce suggestibility as much as possible, such as the SVA, the GEA-5, the Reality Monitoring or the SAL, but any false step can contaminate a response and even invalidate a test.but any misstep can taint a response and even invalidate the test.
One of the classic techniques is to first check the credibility of the testimony of the child in question against any other, neutral, fact, such as what he or she did at his or her last birthday party. Of course, the child's age and stage of psycho-evolutionary development will be key to the evaluation and application of one test or another.
These factors will determine both the understanding of language and the use and richness of it, and therefore the expert in forensic psychology in the medical-forensic clinic must take this into account before facing the exploration. It is also essential that the expert evaluates the possibility of a confusion between reality and imagination, an invention carried out by some motivation, or even a hypothetical induction by a third party.The expert must also evaluate the possibility of a confusion between reality and imagination, an invention carried out by some motivation, and even a hypothetical induction by a third party.
After the exhaustive evaluation of the expert psychologist, he will conclude if the testimony is credible or unbelievable, basing it adequately.
4. Imputability
Imputability is another of the central issues of expert psychology in the forensic-medical clinic. At the legal level, a person will be imputable as long as his psychological conditions allow him to know reality and he is also capable of acting on the basis of this perception.. Therefore, one of the tasks of the expert psychologist is to evaluate the degree to which these parameters are met in the accused.
It is important to be clear that the mere fact that a person has a psychopathology does not automatically make him/her unimputable. For this to occur, the disease must be directly related to the act that has been performed and for which the person is being judged.
Some of the cases that could make a person unimputable are the following. In the first place, the absolute incomprehension of the concept of unlawfulness. This condition could occur in subjects who suffer a deficit in their cognitive capacities, for whatever reason. Likewise, a total intoxication due to the consumption of some substance can also affect a person's imputability.
Another of the conditions that are studied in forensic psychology in the medical-forensic clinic with the aim of helping to assess the imputability, is the possible distortion of reality that the subject may have even from birth, due to some psychopathic condition.due to some psychopathological condition. The fact that he acted in self-defense or in defense of other persons would also be a motive to be taken into account.
Finally, a question that becomes fundamental. The forensic psychologist will never conclude that a person is imputable or unimputable, since this is always a decision of the judge. Instead, what he/she will do is to determine whether or not the state of the subject at the time of the act of which he/she is accused is consistent with one of the assumptions of unimputability, always in terms of possibility.
5. Dangerousness
Finally, we find dangerousness as one of the issues to be studied within expert psychology in the forensic-medical clinic. In this case, the judge will ask the expert psychologist to evaluate the dangerousness of a person who has allegedly committed a crime.This is necessary, among other things, in order to be able to take precautionary measures to prevent the commission of other hypothetical criminal activities.
As in the previous questions, the forensic psychologist must explore the subject, using the interview and the necessary tools that provide the professional with the necessary data to be able to make a profile that fits or not with a possible dangerous behavior. All this information will be sent to the judge so that he can make the decisions he deems appropriate.
Levels of intervention of forensic psychology in the forensic-medical clinic
The expert psychology in the medical forensic clinic, as in other legal scenarios, can be materialized in three different levels, which would mean three phases of action of the expert psychologist.
Clinical
The first level is clinical. This is the first phase of intervention and includes everything related to the exploration of the case in question and the conduct of a forensic interview. and conducting a forensic interview, which should not be confused with a clinical interview, since the person is not there of his or her own free will but is there due to a judicial process, which may alter the testimony. The professional should take this into account.
2. Forensic report
Once all the necessary information has been gathered, the expert will be ready to prepare the corresponding expert report of the case, which will answer the question posed by the judge, to whom it will be sent.to whom this document will be sent.
3. Ratification
The last level of expert psychology in the forensic medical clinic is the ratification of the forensic report in the courtroom. The psychologist will explain the contents of the document to the court and will answer questions regarding the report made by the parties or by the judge.
Bibliographical references:
- Chacón, F., García, J.F., García, A., Gómez, R., Vázquez, B. (2009). Guide of good practices for the elaboration of expert psychological reports on custody and visitation of minors. Colegio Oficial de Psicólogos de Madrid.
- Godoy-Cervera, V., Higueras, L. (2005). Criteria-based content analysis (CBCA) in the evaluation of the credibility of testimony. Papeles del psicólogo.
- Manzanero, A.L., Muñoz J.M.. (2011). Psychological expert evidence on the credibility of testimony: psycholegal reflections. Madrid, Sepin.
- Vázquez, B. (2005). Manual de Psicología Forense. Síntesis.
(Updated at Apr 14 / 2024)