When is it necessary to consult a forensic psychologist?

We tell you in which circumstances it is necessary to request a forensic psychologist, and how it can help you.

There are many occasions in which people are involved in situations related to justice.. In most of these cases, those affected seek a lawyer to take their case and defend them.

However, in many occasions it is necessary the realization of a psychological expert report to provide strong and conclusive elements that help the judge in his sentence. Thus, it is necessary to understand what is the work of a legal-forensic psychologist and how he/she can help us.

Legal psychology is in charge of the study, evaluation and assessment of the psychological behavioral phenomena that are related to the behavior of people in the legal field. Thus, legal psychology is an area of psychology that is responsible for the study of behavior, psychological phenomena and relational type of people in the field of law, justice and law.

Within legal psychology there are many areas of work. Among the different areas of analysis and intervention are prison psychology, police psychology, psychology of delinquency, judicial mediation, victimology, family psychology, juvenile, labor law, criminal law, etc. Thus, the legal psychologist develops different functions depending on the area of work.

What is an expert psychologist?

An expert psychologist studies and evaluates the individual and his or her behavior psychologically in a judicial context.. This professional is specialized and has the capacity and experience to provide a technical psychological opinion that can help the judge in his sentence. The role of the legal-forensic psychologist is to assess the personality and psychological symptoms of individuals in this legal field.

How does an expert psychologist act in a legal proceeding?

In a judicial proceeding, the expert psychologist can act in different ways depending on the needs. Among them;

• Psychologist as counselor and advisor. This action can be carried out with lawyers or other professionals who have to testify. The psychologist advises these professionals on what they can ask or how to prepare the lawsuit itself.
• Psychologist as therapist. The objective is to diagnose the patient to determine his or her mental state. It is usually useful in cases of incapacity for work.
• The psychologist as an expert witness. The objective is to advise the judge with the conclusions provided. The psychologist should not act as a therapist and as an expert witness in the same case because it detracts from the reliability and impartiality of the case.

The expert report can be requested by a judge or magistrate, by the public prosecutor, by the affected person or by a lawyer. This report must give answer to the demand requested as a necessary proof.

What is an expert psychologist for?

An expert psychologist is in charge of providing his knowledge about events related to the psychological environment.. Among the actions he/she performs, we can find

• Gathering information and relevant aspects from the necessary sources (court, social services, other professionals, medical reports, etc.).
• Perform psychological evaluations assessing internal and external factors of individuals. The internal factors are the mental health, the behavior of the person, personality, etc. and the external factors such as the social, family, economic, labor, etc. situation.
• The evaluation will be impartial and objective, based on standardized tests, interviews, direct observation and review of documentation provided depending on each particular case.
• Ratify the report made in the trial providing psychological symptoms and/or important and crucial sequelae that help the judge to make decisions in court proceedings.

When should I look for an expert psychologist to make a forensic report?

The forensic psychologist Marta Garrido, from Gabinete de Psicólogos Málaga Psicoabreu explains how we can detect when a psychological expert report is necessary. It may be necessary in any of these situations:

Divorce and child custody cases 2.

The most frequent situations are cases of separation, divorce and custody of minors.. The forensic psychologist advises on aspects related to the separation, evaluates the family situation and parental capacity and establishes the most beneficial type of custody and visitation regime for the children. In addition, the professional also assesses whether it is necessary to modify the custody and visitation regime. On other occasions, the psychologist can act as a mediator to seek an agreement between the parents.

2. Cases of abuse

When a person suffers abuse, violence, sexual aggression or similar, the expert psychologist evaluates the symptoms and psychological sequelae as a result of the events experienced (victims). In the case of alleged aggressors, he evaluates whether there are mental personality disorders that have led them to commit the criminal act. It assesses whether there is moral damage and the credibility of testimony in minors.

3. Conflicts in the school or work environment

Problems caused in the school or work environment .. The forensic psychologist will evaluate the victim to establish whether he/she has suffered bullying (school bullying), mobbing (mobbing at work) or burnout (work stress) and what are the sequelae generated by these situations.

4. Accidents

In case of an accident, psychological sequelae may appear that affect your daily life (family, social, work, personal). (family, social, work, personal). The forensic psychologist will focus his work on assessing the psychological symptoms and their severity by means of specific techniques, this psychological state being caused by the accident. In addition to assessing the damage and impairment that it has generated (as it affects the different areas of your life).

5. Psychological sequelae

In the assessment of psychological sequelae, incapacitation due to illness or lack of volitional and cognitive capacity.

6. Moral damage

In cases of moral damage (life, honor, dignity, reputation, self-image, social esteem, physical and psychological health). For example: deception in paternity (discovery that it is not your child), related to suffering a stressful situation for a long period of time, etc.

7. Disability

In cases of permanent disability determination. For example, people suffering from a personality disorder, psychological condition caused by physical illness, etc.

8. Counterperitation

Counter examination. Psychological counter-expertise can be useful on many occasions. When there is an expert report and there are doubts about the procedure and the application of the methodology, it may be necessary to prepare another expert report using the correct methodology. These reports can be elaborated in any field (criminal, civil, labor, etc.).

Whatever the assessment of the forensic psychologist, the psychological expert report must have contrastable and defensible evidence with coherent content and objective arguments. Thus, the judicial report will have relevance for the judge's decision making. The professional of the cabinet of Psychologists Malaga Psicoabreu recommends that you look for a forensic psychologist if you find yourself or you want to initiate a judicial process where there is any of the situations discussed above or another where there is psychological damage.

Bibliographical references:

• Adler, J. R. (ed.). (2004). Forensic Psychology: Concepts, debates and practice. Cullompton: Willan.

• Blackburn, R. (1996). "What is forensic psychology?", Legal and Criminological Psychology, February, vol 1 (part 1), pp. 3-16.

• Casullo, M. (1999) Applications of the MMPI-2 in clinical, forensic and occupational settings. Buenos Aires: Paidós.

• Garzon, (1986) cited by Novo, M. Arce, R., and Fariña, F. (2003). Introduction to legal psychology. In M. Novo and Arce, R. (Edis.) Judges: Formation of judgments and sentences (pp.13-25) Granada: Grupo Editorial Universitario.

• Marín M., Espacia A.. (2009) Introduction to forensic psychology. July 08, 2018, from Universitat de Barcelona.