Forensic Psychology For Dummies (111 page)

Sexual harassment
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where counselling or advice to a company may be part of the outcome of the case as well as assessment of the parties involved.

In the state of Oregon, a mentally competent adult with less than 6 months to live may ask his physician to prescribe medication that would hasten death. An expert, such as a psychologist, may be called upon to advise on whether the individual is mentally competent to make this decision.

Examining the capacity to consent to treatment

In some jurisdictions, mentally disturbed individuals have to agree to any treatment they’re given. This situation, in turn, requires a test of the decision-making competence of the patient in relation to their ability to:

State a choice.

Understand relevant information.

Appreciate the nature of their own situation.

Reason with the information provided.

As with many other attempts to provide standard procedures, these tests of competence have generated much debate about whether a test that seems sensible for one person (say, a white young woman) would be equally relevant for someone from a different generation and ethnic background.

For much more on this subject, flip to the earlier section ‘Examining Issues of Competency’.

Assessing for compensation

In a range of situations (from possible negligence on the part of an employer to that of another person in a car accident), civil courts or similar settings may need to assess whether a person has suffered an injury at the hands of others and if so, the degree of that injury. Although physical injury has long been accepted as a basis for claiming compensation, in recent years courts in many countries have been willing to accept evidence of psychological or emotional damage as well.

Many of the assessments carried out for such claims are of a highly specialised kind, relying on neurological tests, exploring brain damage or other physiological defects. Beyond these examinations, many of the issues that I mention earlier in this chapter in relation to mental state at the time of a crime are relevant. Any evidence of chronic mental health problems that predate the injury would be considered to throw light on what the consequence of the trauma was and what may be an enduring aspect on the person.

A crucial part of the assessment is an attempt to predict the longevity of any injury and its future consequences. This task is especially difficult with psychological examinations because the very fact that a compensation claim is pending may cause stress-related symptoms. The psychologist also needs to be alert to various forms of faking, as I discuss in the earlier section ‘Exposing malingering’. Where significant financial gain is feasible, various forms of fraud are always possible.

Detailing a Forensic Psychologist’s Report

Forensic psychologists’ reports that are the main form of contribution to criminal or civil proceedings need to have the following properties:

Distinguish clearly between established facts and the inferences which are derived from those facts.

Address all the issues raised by the legal representatives in their letter of instruction.

Keep close to the reason for the report, but avoid bias or pressure to give a particular opinion.

Limit information to what’s necessary.

Minimise the use of specialist jargon.