Forensic psychology
2020-2021
1
,Introduction
1.1: History
<13th century: Evil: sinned, eye for an eye
16th century: first use of “insanity”
19th century: development of theories around insanity and criminal behavior
- Mid-1800s: rise of public “insane asylums”
- Late 1800s: design of the panopticon
- 1893: First research into eye witness testimony and suggestibility (Cattell, Binet, Stern)
- Early 1900s: Stanford Binet test (first IQ test; basis of many psychological psychometry)
20th century: development of expertise of forensic psychology
- 1917: Link between lying and systolic blood pressure (Marston) > basis of the polygraph
- 1900-1950 not much forensic psychological development, but development of (groundwork
of) many criminological theories
o Classical criminology
o Chicago school (crime occurs in specific zones / social ecology)
o Subcultural association (crime is accepted in certain subcultures)
o Positivist approach (you are born a criminal)
- 1954: Landmark case Brown v Board of Education (school segregation) > using psychologists
as experts in legal cases
- Since 1970s: explosion in forensic psychology research and practice
LOMBROSO: In general, thieves are notable for their expressive faces and manual dexterity, small
wandering eyes that are often oblique in form, thick and close eyebrows, distorted or squashed
noses, thin beards and hair, and sloping foreheads. Like rapists, they often have jug ears. Rapists,
however, nearly always have sparkling eyes, delicate features, and swollen lips and eyelids. Most of
them are frail; some are hunchbacked.
➔ Criminal offenders are noticeable on their appearance
Now: Forensic psychology has only been recognized as a specialization in 2001 by the American
Psychiatrist Association
Clinical psychology Assessment, treatment
Police psychology Recruitment, personal assessment
Biological psychology Bio/neuro determinants, injury
Developmental psychology Life course development
Social psychology Juries, media
Cognitive psychology Eyewitness testimonies
Prison psychology Treatment, parole
Investigative psychology Profiling, geography
2
,1.2: Psychology and law
PLACES FOR FORENSIC INTERVENTIONS, TREATMENT, SUPPORT
- Goals of punishment (detention):
o Public: retribution
o Personal: prevention of recidivism
o Criminal: deterrence
o Protection of society
→ Mens Rea (intention): persons are responsible for their actions
- Goals of psychology:
o Free will vs. determinism
o Prescriptive vs. descriptive
o What helps to prevent a crime ?
COMPETENTCY TO STAND TRIAL
- Present ability to consult a lawyer with rational understanding
- Dignity of the court: rational understanding of the proceedings
- Accuracy of the court proceedings
- Don’t meet criteria: evaluation for the ability to stand trial
- Mental state AT THE TIME of the trial, NOT at the time of offense−Court cannot proceed,
unless the defendant is competent to stand trial
(UN)ACCOUNTABILITY
Insanity defense: mental state at the time of the crime.
Belgium law:
- Defendant must proof they were unaccountable
- Not guilty by reason of insanity
DIA 25,26 LES 1 NOG DOEN !!!
WHY INTERNMENT ?
Goals of punishment, internment for ‘insane, sick’ people:
- Retribution: sick people don’t deserve punishment
- Prevention of recidivism, sick people don’t learn from jail
- Deterrence (afschrikken): sick people don’t get deterred from crime by jail
- Protection of society: still need to protect society from sick people
3
, Dichotomous (Belgium) < -------------------- > Spectrum (Netherlands)
1. Accountable 1. Accountable
2. Unaccountable 2. Less or more diminished acc.
3. Diminished accountability
4. Strong diminished acc.
5. Unaccountable
CONDITIONS FOR INTERNMENT
= Proven crime
= suspect must be unaccountable as a result of
- A serious mental disorder or intellectual disorder that has a link to the crime
- Which makes the person unfit to control his actions
= Socially dangerous, risk of reoffending
-> safety measure, not a punishment (in theory)
-> internment doesn’t have an end date
-> internment can have many forms
NUMBERS (België)
2018: 3500 internedpersons
- 684 detained in correctional services (~11.000 persons in detention in Belgium)
- 1938 free on probation
- 862 ‘placed’ in a high risk setting
¾ are diagnosed with two or three disorders
o 55,6% Personality disorders
o 39,5% Substance abuse disorders
o 31,4% Psychotic disorders
o 19,5% Sexual disorders
o 24,9% Intellectual disabilities
CRIME AND MENTAL DISORDER
Estimates range that 50-90% of people in prison have a mental disorder
20% in-prison deaths are suicides
10% psychotic disorder
50-75% antisocial personality disorder
1.3: Biases
1.3.1: Racial biases
66% Belgium; 18% european; 16% non-european
2017: 10,030 jailed persons: 56% Belgium; 44% non-Belgium
- If you live in areas that are highly policed: more risk of getting caught
- Once in the system, always in the system…
- Previous sentencing influences risk scores, which influence decisions surrounding parole and
other factors
- Higher sentences for non-white men
4