In which cases is it necessary to go to a forensic psychologist?

There are many occasions in which people are involved in situations related to justice. In most of these cases, those affected seek a lawyer to take their case and defend them.

However, on many occasions it is necessary to carry out a psychological expert report to contribute forceful and conclusive elements that help the Judge in the Judgment of him. Thus, it is necessary to understand what is the work of a legal-forensic psychologist and how he can help us.

The juridic psychology is responsible for the study, evaluation and counseling of behavioral psychological phenomena that are related to the behavior of people in the legal field. Thus, legal psychology is an area of ​​psychology that is responsible for the study of behaviors, of psychological phenomena and relational type of people the field of law, justice and law.

Within legal psychology there are many areas of work. Among the different areas of analysis and intervention we find prison psychology, psychology in the police, crime psychology, judicial mediation, victimology, family psychology, minor, labor law, criminal, etc. Thus, the legal psychologist develops different functions depending on the area of ​​work.

What is an expert psychologist?

An expert psychologist studies and evaluates the individual and her behavior psychologically in a judicial context. This professional is specialized and has the capacity and experience to provide a psychological technical opinion that can help the judge in his sentence. The role of the legal-forensic psychologist is to assess the personality and psychological symptoms of individuals in this legal field.

How does an expert psychologist act in a judicial process?

In a judicial proceeding, the expert psychologist can act in different ways depending on the needs. Between them;

• Psychologist as Counselor and Advisor. This action can be carried out with lawyers or other professionals who have to testify. The psychologist advises these professionals on what to ask or how to prepare the claim itself.
• Psychologist as therapist. The goal is to diagnose the patient to determine her mental state. It is usually useful in cases of incapacity for work.
• The psychologist as Perito. The objective is to advise the judge with the conclusions provided. The psychologist should not act as a therapist and as an expert with the same case because it reduces reliability and impartiality to it.

The expert report can be requested by a judge or magistrate, by the public prosecutor's office, by the affected person or by a lawyer. This report must respond to the request requested as a necessary proof.

What is an expert psychologist for?

An expert psychologist is responsible for providing her knowledge about events related to the psychological environment. Among the performances that she performs can be found:

• Gather information and relevant aspects from the sources that are necessary (court, social services, other professionals, medical reports, etc.)
• Carry out psychological evaluations evaluating internal and external factors of individuals. The internal factors are mental health, behavior of the person, personality, etc. and external factors such as the social, family, economic, employment situation, etc.
• The evaluation will be impartial and objective, based on standardized tests, interviews, direct observation and review of the documentation provided depending on each particular case.
• Ratify the report made in the trial, providing psychological symptoms and / or important and crucial consequences that help the judge to make decisions in the judicial processes.

When should I seek a psychologist expert to perform a forensic report?

The forensic psychologist Marta Garrido, of Cabinet of Psychologists Málaga Psicoabreu explains how we can detect when a psychological expert report is necessary. It may be necessary in any of these situations:

1. Divorce and Child Custody Cases

The most frequent situations are cases of separation, divorce and custody of minors. The forensic psychologist advises on aspects related to the separation, evaluates the family situation and parental capacity and establishes the type of custody and visitation regime that is most beneficial for the minors. In addition, the professional also assesses whether it is necessary to modify the custody and visitation regime. At other times, the psychologist can act as a mediator to seek an agreement between the parents.

2. Cases of abuse

When a person suffers abuse, violence, sexual assault or the like, the expert psychologist evaluates the symptoms and psychological consequences as a consequence of the events experienced (victims). In the case of alleged aggressors, assess whether there is mental personality disorders that have led him to carry out the criminal act. Assess whether there is moral damage and the credibility of the testimony in minors.

3. Conflicts in the school or work environment

Problems caused in the school or work environment. The forensic psychologist will evaluate the victim to establish if she has suffered bullying, mobbing (workplace harassment) or burnout (work stress) and what are the consequences generated by these situations.

4. Accidents

In the event of an accident, psychological sequelae may appear that affect your daily life. (family, social, work, personal). The forensic psychologist will focus his work on assessing the psychological symptoms and their severity through specific techniques, this psychological state being caused by the accident. In addition to assessing the damage and deterioration that it has generated (how it affects the different areas of your life).

5. Psychological sequelae

In assessment of psychological sequelae, disability due to illness or lack of volitional and cognitive ability.

6. Moral damage

In cases of moral damage (life, honor, dignity, reputation, self-image, social esteem, physical and mental health). For example: deception in parenting (discovery that it is not your child), related to suffering a stressful situation for a long time, etc.

7. Disability

In cases of determination of permanent disability. For example, people who suffer from a personality disorder, a mental condition caused by physical illness, etc.

8. Counterperitation

Counter-expertise. Psychological counter-expertise can be useful on many occasions. When there is an expert report and there are doubts regarding the procedure and the application of the methodology it may be necessary to carry out another expert report using correctly the methodology. These reports can be prepared in any area (criminal, civil, labor, etc.).

Whatever the assessment of the forensic psychologist, the psychological expert report must have verifiable and defensible evidence having a coherent content and with objective arguments. Thus, the judicial report will have relevance for the judge's decision-making. The professional of the Málaga Psicoabreu Psychologists' Cabinet recommends that you look for a forensic psychologist if you find yourself or want to start a judicial process where there is any of the situations mentioned above or another where there is psychological damage.

Bibliographic references:

• Adler, J. R. (ed.). (2004). Forensic Psychology: Concepts, debates and practice. Cullompton: Willan.

• Blackburn, R. (1996). "What is forensic psychology?", Legal and Criminological Psychology, February, vol 1 (part 1), pp. 3-16.

• Casullo, M. (1999) Applications of the MMPI-2 in the clinical, forensic and labor fields. Buenos Aires: Paidós.

• Garzon, (1986) cited by Novo, M. Arce, R., and Fariña, F. (2003). Introduction to legal psychology. In M. Novo and Arce, R. (Edis.) Judges: Formation of trials and sentences (pp.13-25) Granada: Grupo Editorial Universitario.

• Marín M., Espacia A.. (2009) Introduction to forensic psychology. July 08, 2018, from the University of Barcelona.