What is expert psychology in penitentiary supervision courts?

These are the functions to be performed in forensic psychology in penitentiary courts.

The forensic psychologist can act in many spheres of the judicial world, and one of them is the penitentiary surveillance courts..

In this article we will try to clarify the work of this professional in this specific field, reviewing the different types of situations that may arise and the general guidelines that will always govern his or her performance when preparing an expert report.

Expert psychology in penitentiary supervision courts: what does it consist of?

In order to understand what expert psychology in prison supervision courts is, we must first be clear about the function of a forensic psychologist, regardless of the court in which he or she works. This professional will make an expert report in order to provide an expert's view on psychological issues, so that the judge in question can count on this analysis to be able to make an informed decision. to be able to make an informed decision.

Generally, these reports are requested by the judge himself from the team of psychologists assigned to his court. On other occasions, it is the parties involved who hire a private expert psychologist to produce their own report and even a counter-report, with the aim of trying to show a second opinion from a professional who is in line with their interests.

Expert psychology in penitentiary supervision courts refers to the work of expert psychologists in the context of these courts, which would fall within the scope of criminal proceedings. Within that branch, they work in judicial proceedings where a person has received a sentence for which he or she has been deprived of liberty.

In this scenario, there are several tasks that the forensic psychologist can carry out. We will see them below.

Types of functions within this field of work

As we have already mentioned, within the field of expert psychology in penitentiary supervision courts, there are several types of forensic reports that may be required by the judge. These are the main ones.

1. Dangerousness and probability of recidivism

One of the first issues in which the expert psychologist will have a special importance in the field of penitentiary surveillance, as it cannot be otherwise, is the assessment of the dangerousness of the inmates and, associated to this, the probability of recidivism, the likelihood that you are likely to reoffendThe objective of deprivation of liberty is not only to punish the individual for committing a crime, but also to reintegrate him or her into society, that is, at the end of his or her imprisonment.

The objective of the deprivation of liberty is not only to punish the individual for the commission of a crime, but also to seek reinsertion, i.e., that at the end of his time in prison, he returns to society with certain guarantees that he will not reoffend. To this end, a series of internal programs are carried out and prison psychologists prison psychologists are available to provide personalized follow-up to inmates..

Unfortunately, the means are very limited, and the reality is that each of these psychologists is assigned the files of several hundred inmates, so the time they can devote to each one is rather scarce.

In any case, and returning to the subject at hand, the first task of expert psychology in penitentiary supervision courts will be precisely to estimate how likely it is that a person who is serving a sentence may commit crimes again, based on purely psychosocial factors.

2. Alterations and possible psychopathologies

Another of the important tasks of forensic psychologists in this field will be to carry out the relevant studies in search of possible psychopathological alterations in the inmate that are interfering with his or her rehabilitation and, therefore, against which and against which, therefore, resources will have to be provided in order to improve, both for his own good and for the good of the society in which he will be reintegrated when he completes the sentence imposed on him.

This function of expert psychology in penitentiary supervision courts is also of vital importance, since it allows increasing the possibilities of reintegration of the inmate as well as making him/her gain in quality of life, assuming that any psychopathology that can be treated is detected and the corresponding treatment is applied for it.

3. Possibility of probation

When the judge decides whether or not to grant a probation regime to an inmate, provided that he meets the legal requirements for it, he will always do so by assessing all the available information. And in this information, the work carried out by the psychological experts has a special relevance. will evaluate the mental state of the subject, his behavior and whether or not he is likely to commit new crimes if he is released..

Therefore, another of the issues dealt with by expert psychology in penitentiary supervision courts will be to advise the judge, when required, to provide his or her professional view on the possible release of an individual from the penitentiary center.

4. Follow-up after release from prison

Expert psychology in penitentiary courts not only deals with what happens before and during an inmate's stay in prison, but the judicial system will also follow up after release from the penitentiary center. As in the previous cases, the work of the expert psychologist will be vital.

He or she will be in charge of verifying that the person has indeed been properly reintegrated into society. and the likelihood of recidivism is not a cause for concern, since he has the necessary protective factors to be able to find the resources that will allow him to act differently from what led to his imprisonment in the past.

5. Grade changes

We saw earlier that the judge could request a forensic report from the expert psychologist to assess a possible probation. He can also propose a change of grade in the penitentiary regime, going from the second grade (the usual one) to the third grade.The judge can also propose a change in the prison regime, going from the second grade (the usual one when in prison) to a third grade, in which daytime release is generally allowed, provided that certain conditions are met.

But grade changes can also be regressive. That is, if a person has obtained the third degree, but his behavior does not meet the requirements of the law (compliance with schedules, good behavior, etc.), the judge could decide that the change has not been appropriate and therefore could rule a regression to the second degree and therefore, his full-time return to the penitentiary center.

6. Permission to leave the penitentiary

Even if the prisoner remains in second grade, there are some leave permits that are granted to inmates for a limited period of time and provided that a series of requirements have been met. and provided that a series of very strict requirements have been met. However, in addition to these conditions, the judge can also make use of the professional opinion provided by the expert psychology in the prison supervision courts.

Therefore, the forensic psychologist may be asked to provide an expert report assessing the appropriateness of granting a particular permit to the inmate in question, taking into account the factors we have already seen above, such as the conduct maintained in the prison, the possibility of recidivism, etc.

In short, the job of the forensic psychologist in this scenario will be to to estimate the probability that the inmate will commit a violation of the permit, i.e., that he/she will commit a crime.that is to say, that he commits a crime during this time or does not comply with the regulations imposed on him (distance, timetables, etc.). If the expert's assessment is negative, it is very likely that the judge will decide not to grant the permit.

How is a forensic report prepared in prison supervision courts?

Although, in general, forensic reports usually have a similar structure, the specific conditions of expert psychology in prison supervision courts mean that they have some special characteristics.

When the forensic psychologist receives the judge's request, the first thing to do is to consult the file of the specific judicial process to know in depth every detail of the case. of the case. In addition, he/she will collect all the data provided by the penitentiary center where he/she is being held or the institution in charge of his/her surveillance.

He/she will then must then carry out an examination of the inmate himself, by means of an interview and the diagnostic tests he deems appropriate to apply in order to be able to reach in order to reach well-founded conclusions. Once he has all the necessary information, he will proceed to the drafting of the forensic report to be submitted to the judge.

The process of expert psychology in penitentiary supervision courts does not end there, but the expert must also be in charge of monitoring the entire process to verify that it is running smoothly. If he observes any anomaly during the same, it will be his duty to let the judge know.

Bibliographic references:

• Amaya, S. (2019). Epistemology and forensic psychology: A practical guide for psychologists and lawyers. Manual Moderno.
• Lobo, A., Espinosa, A., Guerrero, A., Ospina, V. (2016). Forensic psychology in the criminal process with accusatory tendency. Practical guide for psychologists and lawyers.
• Rodríguez, E.E. (2003). Criminal dangerousness assessment (Risk-Violence) in forensic psychology: Conceptual and historical approach. Clinical legal and forensic psychopathology.