Forensic Forensic PsychologyPsychology

Forensic PsychologyForensic Psychology

Courtroom Uses:Courtroom Uses: Jury Selection (Voir Dire)Jury Selection (Voir Dire) Competency for HearingsCompetency for Hearings Custody CasesCustody Cases

Investigational tools:Investigational tools: Polygraph and Brain-Polygraph and Brain-

FingerprintingFingerprinting HypnosisHypnosis ProfilingProfiling

Forensic PsychologyForensic Psychology

Voir Dire Voir Dire - - French for "to speak the truth." French for "to speak the truth." Process through which potential jurors are Process through which potential jurors are

questioned by either the judge or a lawyer to questioned by either the judge or a lawyer to determine their suitability for jury service. determine their suitability for jury service.

The preliminary questioning of witnesses to The preliminary questioning of witnesses to determine their competence to testifydetermine their competence to testify..

Ask Open QuestionsAsk Open Questions ( (questions begin with questions begin with ‘‘what,what,’’ ‘‘how,how,’’ ‘‘could you,could you,’’ ‘‘would you.would you.’’))

Repeat the words the juror usesRepeat the words the juror uses Give verbal and nonverbal cues to keep jurors Give verbal and nonverbal cues to keep jurors

talkingtalking

PsychologyPsychology

Tasks:Tasks: Testing for mental illnessTesting for mental illness Assessing suspects sanityAssessing suspects sanity Estab. Mental state at time of crimeEstab. Mental state at time of crime Competency to stand trialCompetency to stand trial Detect signs of deception and malingering Detect signs of deception and malingering

(fake illness)(fake illness) Insanity defenseInsanity defense

PsychologyPsychology

How forensic psychology used:How forensic psychology used: Assess role of alcohol/drugsAssess role of alcohol/drugs Determine sanityDetermine sanity Assess defendants understanding of reality Assess defendants understanding of reality

and responsibilityand responsibility State of mind at the time of the crimeState of mind at the time of the crime Offer investigators info for use in Offer investigators info for use in

witness/suspect interrogationswitness/suspect interrogations Psychological profile Psychological profile

PsychologyPsychology

How forensic psychology used:How forensic psychology used: Pre-trial UsesPre-trial Uses

Crime Scene AnalysisCrime Scene Analysis VictimologyVictimology InterrogationsInterrogations EyewitnessesEyewitnesses ConfessionsConfessions ProfilingProfiling HypnosisHypnosis

PsychologyPsychology

How forensic psychology used:How forensic psychology used: During-trial UsesDuring-trial Uses

Jury SelectionJury Selection Competency to Stand trialCompetency to Stand trial Defenses on Mental Disease or DefectDefenses on Mental Disease or Defect

Legal InsanityLegal Insanity Diminished CapacityDiminished Capacity

PsychologyPsychology

How forensic psychology used:How forensic psychology used: Post-trial UsesPost-trial Uses

SentencingSentencing Post trial commitmentPost trial commitment CompetencyCompetency

PsychologyPsychology

How forensic psychology used:How forensic psychology used: Psychological AutopsyPsychological Autopsy Witness ReliabilityWitness Reliability Stalking threat levelStalking threat level ProfilingProfiling

Specific ExamplesSpecific Examples

Recognizing Lying SuspectsRecognizing Lying Suspects

Look for signs of nervousnessLook for signs of nervousness Read body languageRead body language Use Neuro-Linguistic Programming (eye Use Neuro-Linguistic Programming (eye

movements)movements) Getting at the truth:Getting at the truth:

Lie-detectors (not allowed in court)Lie-detectors (not allowed in court) HypnosisHypnosis Use of DrugsUse of Drugs

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Based on Long-standing science.Based on Long-standing science. Based upon population genetics Based upon population genetics

and empirical testing.and empirical testing. Development of extensive Development of extensive

databases.databases. Practices and standards Practices and standards

developed by wide-based developed by wide-based scientific community and scientific community and research (peer-reviewed papers).research (peer-reviewed papers).

Reliably estimated error rates Reliably estimated error rates and random matchesand random matches

Witness ReliabilityWitness Reliability

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Project InnocenceProject Innocence

"Project Innocence" was established in 1992 by "Project Innocence" was established in 1992 by Barry Scheck and Peter Neufeld in an attempt to Barry Scheck and Peter Neufeld in an attempt to use DNA evidence to exonerate wrongly convicted use DNA evidence to exonerate wrongly convicted suspects. The Project handles cases where post-suspects. The Project handles cases where post-conviction DNA analysis could possibly lead to a conviction DNA analysis could possibly lead to a "conclusive proof of innocence". According to the "conclusive proof of innocence". According to the Innocence Project, 208people in 32 states have Innocence Project, 208people in 32 states have been exonerated through DNA testing through been exonerated through DNA testing through 2007.2007.

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DNADNA

EyewitnessEyewitness

http://viscog.beckman.uiuc.edu/grafs/demos/15.html

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Based on Wrongful Convictions:

DNADNA

Eyewitness 1stEyewitness 1st FS Expert Testimony FS Expert Testimony

63%!63%! FS Experts most likely FS Experts most likely

witnesses to mislead:witnesses to mislead: Possibly due to training: Possibly due to training:

96% of forensic 96% of forensic scientists have BS/BA scientists have BS/BA or less - without training or less - without training in scientific openness, in scientific openness, caution and rigor.caution and rigor.

CompetencyCompetency

Mental retardationMental retardation Severe drug/alcohol addictionSevere drug/alcohol addiction Organic brain syndromesOrganic brain syndromes Severe NeurosesSevere Neuroses Psychoses and schiophrenias w/ altered Psychoses and schiophrenias w/ altered

perception of realityperception of reality

CompetencyCompetency

InsanityInsanity Rarely UsedRarely Used Insanity (not guilty) vs Reduced capacity Insanity (not guilty) vs Reduced capacity

(guilty)(guilty) Insanity Def. Insanity Def. “at the time of the committing of the

act, the party accused was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.”

ProfilingProfiling

How did the killer get at the victim?How did the killer get at the victim? What was done?What was done? Cover track or in the open?Cover track or in the open? What was the attraction?What was the attraction? What was the motive?What was the motive? Info:Info:

Physical and psychological makeupPhysical and psychological makeup Areas of residence and workAreas of residence and work Behaviors exhibitedBehaviors exhibited

ProfilingProfiling

““Mad BomberMad Bomber”” Terrorized NYC for 16 yrs with pipe bombs Terrorized NYC for 16 yrs with pipe bombs

(1940s – 1950s); 33 bombs(1940s – 1950s); 33 bombs First Bomb, 1940, to Con Ed First Bomb, 1940, to Con Ed ““CON EDISON CON EDISON

CROOKS—THIS IS FOR YOUCROOKS—THIS IS FOR YOU”” 1940s 1940s ““I WILL MAKE NO MORE BOMB UNITS FOR THE I WILL MAKE NO MORE BOMB UNITS FOR THE

DURATION OF THE WAR—MY PATRIOTIC FEELINGS HAVE DURATION OF THE WAR—MY PATRIOTIC FEELINGS HAVE MADE ME DECIDE THIS—LATER I WILL BRING THE CON MADE ME DECIDE THIS—LATER I WILL BRING THE CON EDISON TO JUSTICE—THEY WILL PAY FOR THEIR EDISON TO JUSTICE—THEY WILL PAY FOR THEIR DASTARDLY DEEDS... F.PDASTARDLY DEEDS... F.P””

No Good Leads after many tries.No Good Leads after many tries.

ProfilingProfiling Male, as historically most bombers were male. Well proportioned Male, as historically most bombers were male. Well proportioned

and of average buildand of average build Forty to fifty years old, as paranoia develops slowly. Precise, neat Forty to fifty years old, as paranoia develops slowly. Precise, neat

and tidy, based on his letters and the workmanship of his bombs. An and tidy, based on his letters and the workmanship of his bombs. An exemplary employee, on time and well-behaved. exemplary employee, on time and well-behaved.

A Slav, because bombs were favored in Middle EuropeA Slav, because bombs were favored in Middle Europe Courteous but not friendly, good education but not collegeCourteous but not friendly, good education but not college Foreign born, oedipus complexForeign born, oedipus complex Loner, no friends, little interest in women, unmarried, perhaps living Loner, no friends, little interest in women, unmarried, perhaps living

with mother, probably in Connecticut.with mother, probably in Connecticut. When caught, probably wearing a double-breasted suit - buttoned.When caught, probably wearing a double-breasted suit - buttoned.

ProfilingProfiling George MetskyGeorge Metsky

““DisputedDisputed”” Techniques Techniques

Brain FingerprintingBrain Fingerprinting Lie DetectorLie Detector

Control QuestionControl Question Directed LieDirected Lie Guilty Knowledge TestGuilty Knowledge Test

HypnosisHypnosis

Polygraph (Lie detector)Polygraph (Lie detector)

Inadmissable in most states - however, a number of family and Inadmissable in most states - however, a number of family and juvenile courts have admitted polygraph results as evidence.juvenile courts have admitted polygraph results as evidence.

Selected physiological activities are simultaneously recordedSelected physiological activities are simultaneously recorded - - A A polygraph instrument will collect physiological data from at least polygraph instrument will collect physiological data from at least three systems in the human body. Rubber tubes are placed over three systems in the human body. Rubber tubes are placed over the examinee's chest and abdominal area record respiratory the examinee's chest and abdominal area record respiratory activity. Two small metal plates, attached to the fingers, will activity. Two small metal plates, attached to the fingers, will record sweat gland activity, and a blood pressure cuff, or similar record sweat gland activity, and a blood pressure cuff, or similar device will record cardiovascular activity.device will record cardiovascular activity.

Brain FingerprintingBrain Fingerprinting

Uses ecgUses ecg

HypnosisHypnosis

Trance State- Trance State- characterized by extreme suggestibility, relaxation and heightened imagination

Heightened State of Awareness - like Heightened State of Awareness - like daydreaming daydreaming

Fully ConsciousFully Conscious Self-hypnosis - movies, etc.Self-hypnosis - movies, etc.

HypnosisHypnosis People have been entering hypnotic-

type trances for thousands and thousands of years - meditation (religion).

Scientific conception of hypnotism wasn't born until the late 1700s.

The father of modern hypnotism is Franz Mesmer, an Austrian physician. Mesmer believed hypnosis to be a mystical force flowing from the hypnotist into the subject (he called it "animal magnetism").

HypnosisHypnosis

Approach suggestions and ideas as if they Approach suggestions and ideas as if they were real….BUT, all they time youwere real….BUT, all they time you’’re re aware itaware it’’s not real - like play pretending on s not real - like play pretending on a very intense level.a very intense level.

Highly Suggestible BUT your sense of Highly Suggestible BUT your sense of safety and mortality remain - the hypnotist safety and mortality remain - the hypnotist cannot make you do something you doncannot make you do something you don’’t t want to do.want to do.

HypnosisHypnosis

How? How? Hypnosis is a way to access a person's subconscious mind directly.

Theorized that deep relaxation and focusing exercises of hypnotism work to calm and subdue the conscious mind so that it takes a less active role in your thinking process. In this state, you're still aware of what's going on, but your conscious mind takes a back seat to your subconscious mind. This allows the hypnotist to work directly with the subconscious.

HypnosisHypnosis

Hypnotists say that subjects under hypnosis are a lot like little kids: playful and imaginative, fully embracing bizarre suggestions.

HypnosisHypnosis

The subconscious regulates your bodily sensations, such as taste, touch and sight, as well as your emotional feelings and the storehouse of your memories.

HypnosisHypnosis Requirements:Requirements:

The subject must want to be hypnotized. The subject must believe they can be hypnotized. The subject must eventually feel comfortable and relaxed.

Techniques: Fixed-gaze induction or eye fixation Rapid Progressive relaxation and imagery Loss of balance

HypnosisHypnosis

Before hypnotists bring a subject into a full trance, they generally test the willingness and capacity to be hypnotized. The typical testing method is to make several simple suggestions, such as "Relax your arms completely," and work up to suggestions that ask the subject to suspend disbelief or distort normal thoughts, such as "Pretend you are weightless.

Forensic HypnosisForensic Hypnosis

Forensic hypnotism, investigators access a subject's deep, repressed memories of a past crime to help identify a suspect or fill in details of the case. Since hypnotists may lead subjects to form false memories, this technique is still very controversial in the forensics world.