Forensic Psychology For Dummies (110 page)
Read Forensic Psychology For Dummies Online
Authors: David Canter
The ‘suicide by cop’ scenario illustrates the intense complexities involved in this area. The individual may even see himself as heroic and look to the agents of the state to enshrine his heroism. After all, many acts of suicide, across a variety of different cultures, are typically regarded as heroic, often involving some confrontation with the state or a designated enemy, whether it be biblical heroes such as Samson, Second World War kamikaze pilots
or present day ‘suicide bombers’.
Contesting wills
A special aspect of the psychological autopsy is the consideration of whether a person was competent to make a will when he did so –
testamentary capacity
is the legal term used in the US. Most jurisdictions don’t set very high standards for achieving this competence, requiring only that the person knew:
He was making a will.
A psychological assessment would consider appropriate indicators by obtaining information from records, and from those who knew the person, ascertaining whether drugs, mental illness, or physical or emotional trauma may have so influenced his state of mind that he wasn’t appropriately competent at the time he prepared and signed his will.
When eccentric people die
Howard Hughes, the famous millionaire, who had been a recluse for most of his later years, gave rise to the need for a psychological assessment of his mental capacity because of challenges to his will. Raymond Fowler, a past president of the American Psychological association, carried out a psychological autopsy on Hughes and concluded that ‘psychological problems, numerous head injuries and drug misuse had changed a vibrant millionaire into an emaciated recluse’. The possibly psychotic basis of his reclusiveness, rather than mere eccentricity, posed challenges to the probity of his estate. The many millions of dollars he left were divided up between dozens of relatives and other causes.
Providing Expert Testimony in Civil Proceedings
An increasing variety of situations outside of criminal proceedings requires some sort of psychological assessment to be drawn on to reach a legal decision. I have already mentioned some of these earlier in the chapter, but for tidiness here are some legal circumstances in which a psychologist’s report may be used in civil proceedings:
in which the parents as well as the children and their relationships are evaluated. This assessment can include recommendations of the conditions under which children should visit a parent or other guardian.
Expert evidence can be crucial where there are issues of credibility regarding allegations of abuse or concerns over the child’s evidence in such child custody issues.
where the psychologist may comment on gender or racial stereotyping.
,
where the psychologist may comment on the traumatic effect of the breach.