Introduction to Forensic
Psychology
Summary 2019
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,Lecture 1 - Introduction Lecture / History
What is Forensic Psychology?
Forensic Psychology is a science that focuses on: Deviant(antisocial behavior), Personality,
Cognitions, Prevention and Intervention, Diagnostics and is on the intersection of different
psychology disciplines.
The Forensic Psychology Field
- Police and temporary incarceration
- Prisons and penitentiary psychiatric centers (PPC)
- Pro.Justitia reporting (Assessment of whether an offender can be held accountable/liable
for his offense)
- Mental Health Care institutions:
- Forensic psychiatric outpatient clinics (50/50 court ordered or voluntarily)
- Forensic supervised housing - Level 1
- Forensic psychiatric departments - Level 2
- Forensic psychiatric clinics - Level 3
- Forensic substance abuse care clinics
- Forensic psychiatric centers - Level 4 (prison like, but emphasis on rehabilitation and
treatment
Origin of Forensic Psychology
Hippocrates:
Was called to court as an expert witness to state whether the offended was suffering from a
disease or intellectual disability and should not be convicted because of that. There were rules
and regulations stating that people who are “retarded” can not be convicted of crimes
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,Middle Ages:
Certain rules were introduced to investigate accountability of offenders, allowing people not to
be prosecuted because of “retardation”. The family had the legal guardianship of these people,
as well as the right of containment. This means the family was responsible to make sure the
“retarded” person was not let out of the house. If the retarded person still commited a crime, the
family was at fault and punished for it
15th-17th Century:
Madehouses were introduced as the first type of psychological care. However they were more
like prisons. Mentally ill were shipped out for crusades, where they were brought to holding cells
inside of churches, where god would cure them. The interest of the natural causes for abnormal
behavior was sparked during this time by Johannes Wier. He was one of the first people to say
that there must be an abnormality in the nature/brain, something innate that is the cause of
criminal behavior and therefore NOT the free will of the sick individual.
Age of Enlightenment:
After the French revolution (1810) the Code Penal (later Criminal Code of Law) was introduced.
It took away the harsh penalty and the notion that “everyone is equal in front of the law”, taking
mental retardation into account when judging criminals, as well as taking away the FULL power
of only one judge to make the decision.
In 1886, the Code of Law was introduced. It had a bigger focus on the rehabilitation and
treatment of criminals, as well as more sympathy and variation in the regulation of treatment.
More attention was focused on the scientific approach of criminal behavior, especially since
people realized that also people with an average IQ committed crimes (not just retards) and yet
were still suffering from OTHER psychological issues. Specifically tailored laws to mentally
disordered offenders were introduced. In the UK the “Moral treatment” emerged.
19th Century:
Pinel was a doctor who acknowledged that there are people who have normal intellectual
functioning, but who are suffering from mood disorders, affect disorders, reactive, aggressive
disorders etc. Before him, only retarded people were pardoned by the law.
Broadmore, the oldest psychiatric institution in the UK was opened. The focus now shifted from
prisons to a more regulated care, with specific supervision.
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,Explanations of Mental Disorders (19th Century)
Heredity:
- Heredity of psychological traits
- Heredity of criminal behavior (If your father is a criminal, you will be a criminal too)
- Immoral behavior can be deducted from physical traits (Facial maps that show
characteristic traits of criminals were introduced by Casaer Lombroso)
Degeneration:
- Genes become worse and worse with each generation
Evolution:
- Darwin
- Noncriminal, prosocial behavior is the next step in evolution. The human kind is striving
towards moral, civilized behavior. Anything else would mean devolution
Neurological explanations:
- Only theory that is still valid and accepted today
- Example of Phineas Gage
→ After having his brain impaled through his eye with a metal pole, his personality
changed
- People with criminal behavior have neural deficits
Juvenile Criminal Law 19th/20th Century
Before this law there was no distinction between children and adults when it came to trials.
During the Code Penal in France, there was “judgement without distinguishing”. In 1905 Child
Laws were introduced. The focus went from punishment to betterment.
Children these days are trialed under “special circumstances” until age 16 and before age 12
not convicted at all. Modern law streams emphasize the importance of the offender and not the
offense. The laws are aimed at betterment, appropriate punishment and therefore milder
punishment.
20th Century:
Van Hamel position
- Mild offenses: regulations or conviction aim towards deterrence
- Serious offenses will lead to long-term treatment
- Very serious offenses: TBR; 10-year treatment followed by re-evaluation of the offender
In 1928, Psychopathenwetten. TBS and treatment were included in the Dutch Law. Since then
many more new institutions opened → Stop-law in 1933
Development After WW2
The Commision after-war law had a nuanced view. Seeing the Nazis commit crimes but
knowing not all of them were evil but crime and punishment into a new perspective. The change
on the way people looked at criminal behavior also changed the way institutions worked.
The Utrecht school (Baan, Pompe and Kempe) introduced many changes and made the
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, Netherlands the internationally leading country when it came to treatment of forensic psychiatric
patients. Thanks to them, social science, clinical care, law etc. learned how to work together
better, which in turn led to the establishment of TBS. This meant better care for offenders and
special care for offenders with mental disorders
First this was only for white collar crimes, later it developed more towards aggressive crimes
and brutal crimes as well.
In the 1960s, they increased the duration of TBS regulations.
Around 1995, they introduced longstay facilities
Precursors TBS
- In 1971: more emphasis on autonomy and tolerance of different lifestyles
(anti-psychiatry)
- 1993: Wet BOPZ
- Within several decades, there was a group of patients with severe psychiatric disorders
for whom no intensive care and supervision was available. Some of them burdened
society. BOPZ was not always possible or enough
Punishment or Treatment?
Depending on the context and the country punishment or treatment can either be combined or
separated. The judge decides whether the person can be held accountable for the committed
crime. He also decides whether the person should receive punishment or treatment, a
combination of both and the balance between these things.
Proportionality = R egulation should be seen in light of the danger/likelihood of re-offending.
Subsidiarity = A severe regulation is only acceptable when a milder regulation is not sufficient.
reatment of regulation should be effective in diminishing danger (of re-offending)
Effectivity = T
Basis for Regulation
In the Netherlands, one can only go to a forensic psychiatric center if….
… They have served ⅓ of the prison sentence before being treated
… The judge has re-evaluated every year or two
Offense with at least a four year prison sentence (criterion severity) is needed to allow people to
go to a forensic psychiatric center. They should not be (fully) responsible as a result of mental
illness or disorder = (diminished) accountability. In addition to that, there should be a high risk of
re.offending if the offended is not treated.
Technically, when convicted, the chance of reoffending is 100%. With treatment we decrease
this chance over time. Treatment should also be aimed to decrease reoffending risk to an
acceptable range. It will never be zero.
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