Forensic Psychology

Ch. 2 Forensic Psychologists:

Roles and Responsibilities

Fulero & Wrightsmans

Forensic Psychology, 3rd Edition
The Multitude of Roles
Researcher
All areas of specialty contribute to the knowledge
base using the scientific method.
Consultant to law enforcement
Whos the client?
personnel selection, promotion, and training
Trial consultant
(a.k.a. litigation consultant or jury consultant)
hired by attorneys to help with jury selection, witness
preparation, or trial strategy
Fulero & Wrightsmans
Forensic Psychology, 3rd Edition
Specific Roles

Evaluator & assessor

competence
brain functioning
psychopathy
Expert witness
conduit-educator
philosopher-ruler/advocate
hired guns
Fulero & Wrightsmans
Forensic Psychology, 3rd Edition
Admissibility of
Experts Testimony

The Frye test (Frye v. United States, 1923)

well-recognized standards should determine the
admissibility of expert testimony
strongly criticized
Federal Rules of Evidence (1975)
Rule 702: qualified experts can testify if
scientific, technical, or other specialized
knowledge will assist the trier of fact

Fulero & Wrightsmans

Forensic Psychology, 3rd Edition
Daubert v. Merrell Dow
Pharmaceuticals, Inc. 1993

Basics of the case:

In 1974 Joyce Daubert gave birth to a
son with a deformed limb after taking
Merrell Dows morning-sickness drug,
Bendectin.
manufacturers argue for summary judgment
plaintiffs argue for lenient standards of
admitting all relevant evidence

Fulero & Wrightsmans

Forensic Psychology, 3rd Edition
 The Daubert Ruling:
Judges as Gatekeepers
Four Criteria:
testability or falsifiability of the theory or technique
whether the scientific findings have been subjected
to peer review
whether there is a known error rate, and
whether the methods used and conclusions reached
are generally accepted in the relevant scientific
community

Fulero & Wrightsmans

Forensic Psychology, 3rd Edition
Pathways for Influencing
the Legal System
Amicus curiae briefs (friend of the courts)
present summary of data-based conclusions to the courts
(1) data consistent enough?
(2) results communicated adequately?
science translation to advocacy continuum
Broad dissemination of research findings
to judges and attorneys
to the public
Influencing legislatures and public policy
e.g., task force regarding accuracy of eyewitness IDs
lobbying efforts of professional organizations
testifying before U.S. Congress
advising senators and representatives
Fulero & Wrightsmans
Forensic Psychology, 3rd Edition
 Amicus Curiae Briefs

Kumho Tire
science-translation brief regarding the competence
and diligence of jurors
Brown v. Board of Education (1954)
social science research cited in Footnote 11 of the
ruling
Lockhart v. McCree (1986)
the Court rejected 30 years of research indicating
that death-qualified juries are more conviction-prone

Fulero & Wrightsmans

Forensic Psychology, 3rd Edition
 Amicus Curiae Briefs

Two important contributions:

1. They may reduce the likelihood that
judicial use of spurious, unsubstantiated
opinions about human behavior will
establish precedent for future cases
(Grisso & Saks, 1991, p. 207).
2. They may help keep the Court honest
Fulero & Wrightsmans
Forensic Psychology, 3rd Edition
The Temptations of
Forensic Psychologists

Promising too much

Substituting advocacy for scientific
objectivity
Letting values overcome empirically
based findings
Doing a cursory job
Maintaining dual relationships and
competing roles
Fulero & Wrightsmans
Forensic Psychology, 3rd Edition