Author: Shambhavi Verma, CMP Degree College, Prayagraj

“The law must harmonize with the psychological facts of human nature.”

—Hugo Münsterberg

INTRODUCTION

Forensic psychology is an unique field where the mind meets with the law, blending insights of human behaviour with the realities of legal systems. It plays a vital role in understanding one’s criminal behaviour, navigating legal processes, and addressing the mental health of individuals involved. This article dives into defining what forensic psychology actually is, its roots in the history, exploring the varied roles played by forensic psychologists, and how their work shapes the legal world today while showing why it’s so important for delivering justice.

WHAT IS FORENSIC PSYCHOLOGY

Forensic psychology is basically the application of psychological principles into the day-to-day workings of the court and legal system. At first, it was mostly about figuring the minds of criminal offenders-what goes on inside their minds. However, over time, its reach has grown and got involved in civil matters like family disputes, injury claims, and checking if someone is competent enough to make legal decisions. In all these instances forensic expert acts as a bridge between mental health and the law, and whether laws should treat them differently as a result; highlighting how psychological disorders can impact a person’s behaviour and their responsibility under the law.

HISTORICAL DEVELOPMENT
The roots of forensic psychology go way back to the late 1800s and early 1900s. It took shape when figures like Hugo Munsterberg stepped up, whose book ‘On the Witness Stand’ laid a solid foundation for exploring how psychology intersects with the law, and pushed the courts to rethink how they assess forensic evidences. As the field grew, cases such as the John Hinckley Jr.-completely changed things, it brought psychiatric expertise regarding the insanity defense and how psychological evaluations are used in court. As forensic psychology evolved, it made it clear how closely linked psychological theories and legal standards are. This evolution, mirrors the advances in psychological research and the shifting nature of legal practices, shaping the field into what it is today.

ROLES OF FORENSIC PSYCHOLOGISTS IN CASES   
Forensic psychologists serves a crucial role in legal settings, often stepping in as expert witnesses. Their tasks include assessing individuals, providing expert testimony in court, advising on gathering evidence, and analyzing mental states. This work is closely scrutinized, and so they are supposed to require thorough knowledge of both psychology and the legal system as their assessments can heavily influence jury’ decisions. Beyond criminal cases, forensic psychologists also work in civil matters, assessing mental competence to stand trial, aiding in family disputes, and evaluating emotional injuries. Where Criminal cases usually require quick evaluations, civil cases allow for a deeper, more detailed look into a person’s psychological condition over time.

UNDERSTANDING CRIMINAL BEHAVIOUR

Understanding criminal behaviour is complicated; it is a mixture of different factors from many different angles:
•Psychoanalytic perspective digs into unconscious motives and early childhood experiences that shape behaviour of an individual.  
•Behavioural theory emphasises on one’s learned response through the environment and the rewards or punishments they receive.
•Cognitive theory explores how a person’s own values and decision-making shape their choices.
•Biological theory points towards the part played by genetics and neurophysiology..
•Psychological factors focuses on mental health conditions which can influence behaviour.
•Social factors includes socioeconomic factors such as one’s status, friends, and family background plays huge roles in shaping individual’s engagement in crime. 

               All these factors weave together, showing why a single theory can’t capture crime fully, highlighting the need for multi-faceted approach.

PSYCHOLOGICAL IMPACTS ON VICTIMS 

The psychological impact of crime on victims’ mental health can be profound and long-lasting, which results in suffering of mental health conditions such as post-traumatic stress disorder (PTSD), experiencing flashbacks, anxiety, and continuous negative thoughts, disrupting their everyday functioning and overall quality of life. While these intense effects are often linked with the victims of violent crimes; those affected by property crimes may feel shaken as well, though perhaps less intensely; but because the effects might be less obvious doesn’t mean they should be overlooked. Forensic psychologists plays an important role in not just only identifying these symptoms but also developing care plans, including therapy groups and behavioural interventions, helping victims on their path to recovery.

ADMISSIBILITY OF PSYCHOLOGICAL EVIDENCE

The standards for admitting psychological evidence vary across different jurisdictions but  they generally focus on ensuring that expert testimony is both relevant and reliable. Two major standards have been developed to guide courts in deciding what psychological expert evidence can be used:
•The Daubert standard, which requires that expert testimony be based on solid scientific knowledge and methodologies proven to be reliable enough to withstand rigorous court examination, based on the landmark case Daubert v. Merrell Dow Pharmaceuticals, Inc.   •The Frye standard, focuses on whether the techniques used are widely accepted by experts in the relevant field.      

             Forensic psychologists must carefully tailor their evaluations to meet the specific requirements of the jurisdiction where the case is being heard, ensuring that their evaluations meet these standards to ensure that the evidence is admissible.

RISK ASSESSMENT AND RECIDIVISM

Risk assessment tools like Violence Risk Appraisal Guide and HCR-20, are designed to predict the likelihood that an offender may reoffend in the future and also to inform effective intervention strategies. These tools use evidence-based methods to evaluate various factors, including historical, clinical, and future risks. The insights gained from these assessments help legal authorities make informed decisions about parole, rehabilitation programs, and how offenders should be managed overall. While these assessments have a significant impact on legal outcomes, their credibility and reliability are absolutely crucial, as they directly influence an offender’s future and the safety of the wider community

EYEWITNESS TESTIMONY AND MEMORY RELIABILITY

Eyewitness testimony is crucial in the legal system—sometimes it can make or break a case. But here’s the catch: human memory isn’t perfect. Several factors can mess with how accurately a witness remembers things. Factors such as: 
•Confirmation bias, leads individuals to unconsciously filter their memories to fit what they expect to see.
•Social and environmental factors, the presence of other witnesses, known as social conformity, occurs where witnesses change their recall to match what others may say.
•Visual perceptions such as lightning, distance and one’s own physical capabilities be misleading and significantly impact eyewitness memory. 
•Eyewitness identification such as sequential lineup where suspects are viewed one at a time—tend to be more accurate than simultaneous lineups, where all suspects are shown at once.
•Police lineups themselves can make witnesses nervous, which affects reliability..
•Additionally, providing instructions that suggest suspect is present and definitely in the lineup, they feel pressured to pick someone, even if they don’t really recognize any suspect.

              To tackle these issues and improve testimony accuracy, techniques like the Cognitive Interview are used it helps by building rapport with witnesses and asking open-ended questions, which enhances memory recall and reduces mistakes.

FUTURE DIRECTIONS

Forensic psychology is constantly evolving as professionals navigate the ever-complex justice system. To strengthen their role, there’s a growing need for innovative strategies—like advanced training, improved assessment tools, interdisciplinary collaboration, ongoing education, and actively addressing biases. These advancements will empower forensic psychologists to provide fairer, more scientifically grounded contributions to legal outcomes, ultimately improving the justice system’s effectiveness and fairness.

LANDMARK CASES

1. John Hinckley Jr. Case(1982)- landmark case that centered around the insanity defense and the use of psychological evaluations in court.

2. M’Naghten’s Case (1843): Established “M’Naghten Rule” which is foundational for the insanity defense, ‘not Guilty by Reason of Insanity’.

3. Dusky v. United States (1960)-  Established the standard for competency to stand trial.

INDIAN LEGAL PROVISIONS RELATED TO FORENSIC PSYCHOLOGY

1.Section 84, Indian Penal Code,1860-  Provides the legal basis for the insanity defense of act of persons of unsound mind.

2.Indian Lunacy Act, 1912- Consolidates and amends the law relating to lunacy, relevant for assessing mental state in legal proceedings.

3.The Mental Health Act, 1987- Focuses on the treatment and care of mentally ill persons, impacting forensic psychological assessments.

4.Section 328, Section 329, Section 330, Code of Criminal Procedure,1973- Provide procedures for cases where the accused is suspected to be of unsound mind, including fitness to stand trial.

5.Section 45, Indian Evidence Act,1872- Deals with the ‘opinions of experts’, the forensic psychology report can be admissible under here.

CONCLUSION

Forensic psychology has made invaluable contributions to the legal system, and its importance will only grow as the field evolves. It plays a crucial role in understanding the subtle complexities of criminal behavior, refining psychological assessments, and promoting collaboration across disciplines. By addressing the challenges faced by practitioners, adapting to new trends, and maintaining clear communication, forensic psychology can greatly enhance the pursuit of justice and societal well-being. The ongoing collaborative efforts between psychologists and legal professionals promises to transform the justice system, making it more equitable and better equipped to honor the intricacies of human behavior while safeguarding individual rights.

REFERENCES

Primary Sources
1. R v M’Naghten’s, 8 E.R. 718 (1843).

2. Dusky v United States, 362 U.S. 402 (1960).

3. Daubert v Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

4. John W. Hinckley v United States, 672 F 2d 115 (1982).

5. Frye v United States, 293 F 1013 (1923).

6. Indian Penal Code, 1860, § 84, No. 45, Act of Parliament, 1860 (India).

7. Indian Lunacy Act, 1912, No. 4, Act of Parliament, 1912 (India).

8. Mental Health Act, 1987, No. 14, Act of Parliament, 1987 (India).

9. Code of Criminal Procedure, 1973, § 328-330, No. 2, Act of Parliament, 1973 (India).  

10. Indian Evidence Act, 1872, § 45, No. 1, Act of Parliament, 1872 (India).

Secondary Sources
11. HUGO MUNSTERBERG, ON THE WITNESS STAND: ESSAYS ON PSYCHOLOGY AND CRIME (1908).

12. JUDITH HERMAN, TRAUMA AND RECOVERY (1992).

13. SIGMUND FREUD, THE INTERPRETATION OF DREAMS (1899).  

14. B.F. SKINNER, SCIENCE AND HUMAN BEHAVIOUR (1953).

15. AARON BECK, COGNITIVE THERAPY AND THE EMOTIONAL DISORDERS (1976).

16. RICHARD J. HERRNSTEIN & CHARLES MURRAY, THE BELL CURVE: INTELLIGENCE AND CLASS STRUCTURE IN AMERICAN LIFE (1994).

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