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The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themself or to others.
The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 146,000 members, including scientists, educators, clinicians, consultants, and students. It has 54 divisions—interest groups for different subspecialties of psychology or topical areas. The APA has an annual budget of around $125 million.
A psychologist is a professional who practices psychology and studies mental states, perceptual, cognitive, emotional, and social processes and behavior. Their work often involves the experimentation, observation, and interpretation of how individuals relate to each other and to their environments.
Applied psychology is the use of psychological methods and findings of scientific psychology to solve practical problems of human and animal behavior and experience. Educational and organizational psychology, business management, law, health, product design, ergonomics, behavioural psychology, psychology of motivation, psychoanalysis, neuropsychology, psychiatry and mental health are just a few of the areas that have been influenced by the application of psychological principles and scientific findings. Some of the areas of applied psychology include counseling psychology, industrial and organizational psychology, engineering psychology, occupational health psychology, legal psychology, school psychology, sports psychology, community psychology, neuropsychology, medical psychology and clinical psychology, evolutionary psychology, human factors, forensic psychology and traffic psychology. In addition, a number of specialized areas in the general area of psychology have applied branches. However, the lines between sub-branch specializations and major applied psychology categories are often mixed or in some cases blurred. For example, a human factors psychologist might use a cognitive psychology theory. This could be described as human factor psychology or as applied cognitive psychology. When applied psychology is used in the treatment of behavioral disorders there are many experimental approaches to try and treat an individual. This type of psychology can be found in many of the subbranches in other fields of psychology.
School psychology is a field that applies principles from educational psychology, developmental psychology, clinical psychology, community psychology, and behavior analysis to meet the learning and behavioral health needs of children and adolescents. It is an area of applied psychology practiced by a school psychologist. They often collaborate with educators, families, school leaders, community members, and other professionals to create safe and supportive school environments.
Forensic psychology is the development and application of scientific knowledge and methods to help answer legal questions arising in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes both research on various psychology-law topics, such as jury selection, reducing systemic racism in criminal law, and eyewitness testimony, as well as professional practice, such as evaluating individuals to determine competency to stand trial or assessing military veterans for service-connected disability compensation. The field traces its roots to contributions by Wilhem Wundt, Hugo Münsterberg, and Sigmund Freud among others. Contemporary definitions of forensic psychology recognize that several subfields of psychology apply "the scientific, technical, or specialized knowledge of psychology to the law." The American Psychological Association's Specialty Guidelines for Forensic Psychologists reference several psychology subdisciplines, such as social, clinical, experimental, counseling, and neuropsychology.
Clinical psychology is an integration of human science, behavioral science, theory, and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically-based distress or dysfunction and to promote subjective well-being and personal development. Central to its practice are psychological assessment, clinical formulation, and psychotherapy, although clinical psychologists also engage in research, teaching, consultation, forensic testimony, and program development and administration. In many countries, clinical psychology is a regulated mental health profession.
Criminal psychology, also referred to as criminological psychology, is the study of the views, thoughts, intentions, actions and reactions of criminals and suspects. It is a subfield of criminology and applied psychology.
Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time. The multidisciplinary American Psychological Association's Division 41, the American Psychology-Law Society, is active with the goal of promoting the contributions of psychology to the understanding of law and legal systems through research, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law. There are similar societies in Britain and Europe.
Forensic psychiatry is a subspeciality of psychiatry and is related to criminology. It encompasses the interface between law and psychiatry. According to the American Academy of Psychiatry and the Law, it is defined as "a subspecialty of psychiatry in which scientific and clinical expertise is applied in legal contexts involving civil, criminal, correctional, regulatory, or legislative matters, and in specialized clinical consultations in areas such as risk assessment or employment." A forensic psychiatrist provides services – such as determination of competency to stand trial – to a court of law to facilitate the adjudicative process and provide treatment, such as medications and psychotherapy, to criminals.
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms.
Forensic psychotherapy is the application of psychological knowledge to the treatment of offender-patients who commit violent acts against themselves or others. This form of treatment allows for a therapist to potentially understand the offender and their mental state. It gives the individual providing treatment the opportunity to examine further whether the offender’s criminal behavior was a conscious act or not, what exactly their association with violent behavior is, and what possible motives could have driven them. The discipline of forensic psychotherapy is one that requires the involvement of individuals other than simply the therapist and patient. A therapist may collaborate with other professionals, such as physicians, social workers, and other psychologists in order to best serve the offenders’ needs. Whether the treatment is successful or not relies on a multitude of things, but typically ensuring that a systemic approach is taken and that all involved in the treatment process are well informed and supportive has proven to be the most effective. In addition to group work, forensic psychotherapy may also involve therapeutic communities, individual interaction with victims as well as offenders, and family work. In order for this specialized therapy to be as effective as possible, it demands the compliance of not only the patient and therapist, but of the rest of society as well. The main focus of forensic psychotherapy is to obtain a psychodynamic understanding of the offender in order to attempt to provide them with an effective form of treatment. Guidelines have been set to ensure proficiency in the field of Forensic Psychology.
The American Psychology–Law Society (AP–LS) is an academic society for legal and forensic psychologists, as well as general psychologists who are interested in the application of psychology to the law. AP–LS serves as Division 41 of the American Psychological Association and publishes the academic journal Law and Human Behavior.
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process.
United States v. Binion, 132 F. App'x 89, is a case in which the United States Court of Appeals for the Eighth Circuit applied two recent U.S. Supreme Court decisions, United States v. Booker and United States v. Fanfan, in upholding the sentencing decision by the trial court, the United States District Court for the Eastern District of Missouri.
Frendak v. United States, 408 A.2d 364 is a landmark case in which District of Columbia Court of Appeals decided that a judge could not impose an insanity defense over the defendant's objections.
Rodney L. Lowman is an American psychologist, academic administrator and entrepreneur whose major contributions have been in the areas of career assessment and counseling, ethical issues in Industrial and Organizational Psychology, the integration of clinical psychology and I-O psychology and helping to develop the field of consulting psychology. In a study of the most prolific contributors to the Consulting Psychology Journal: Practice and Research, Lowman was rated the second highest contributor for articles for the period 1992–2007.
Gerald Paul Koocher is an American psychologist and past president of the American Psychological Association (APA). His interests include ethics, clinical child psychology and the study of scientific misconduct. He is Dean Emeritus Simmons University and also holds an academic appointment at Harvard Medical School. Koocher has over 300 publications including 16 books and has edited three scholarly journals including Ethics & Behavior which he founded. Koocher was implicated as an author of the so-called "torture memos" that allowed psychologists to participate in torture during interrogations in the Hoffman Report, an APA investigation into psychologists' involvement in interrogation at Guantanamo Bay, Cuba.
Karen Franklin is an American forensic psychologist. For her doctoral dissertation, she conducted research on anti-gay violence. She has also published commentaries about sex crimes, primarily expressing her opposition to the use of the hebephilia and other diagnoses in sexually violent predator regulations. She received the 2012 Distinguished Scientific Achievement Award in Psychology and the Monette-Horwitz Trust Award in 2001.
Candice Lynn Odgers is a developmental and quantitative psychologist who studies how early adversity and exposure to poverty influences adolescent mental health. Her team has developed new approaches for studying health and development using mobile devices and online tools, with a focus on how digital tools and spaces can be improved to support children and adolescents. Odgers is currently a professor of Psychological Science at the University of California, Irvine and a research professor at Duke University. Odgers is also the co-director of the Child and Brain Development Program at the Canadian Institute for Advanced Research.
References
- ↑ Roesch, R., & Golding, S. L. (1980). Competency to stand trial. Urbana: University of Illinois Press.
- ↑ Roesch, R., Zapf, P. A., & Eaves, D., & Webster, C. D. (1998). Fitness Interview Test—Revised. Burnaby, BC: Mental Health, Law, and Policy Institute, Simon Fraser University.
- ↑ Roesch, R., Zapf, P. A., & Eaves, D. (2006). Fitness Interview Test—Revised: A structured interview for assessing competency to stand trial. Sarasota, FL: Professional Resource Press.
- ↑ Nicholls, T. L., Roesch, R., Olley, M. C., Ogloff, J. R. P., & Hemphill, J. F. (2005). Jail Screening Assessment Tool (JSAT): Guidelines for mental health screening in jails. Burnaby, BC: Mental Health, Law, and Policy Institute, Simon Fraser University.
- ↑ Google Scholar citations: https://scholar.google.ca/citations?hl=en&pli=1&user=PeBUiaAAAAAJ
- ↑ Zapf, P. A., & Roesch, R. (2009). Best practices in forensic mental health assessments: Evaluation of competence to stand trial. NY: Oxford University Press.
- ↑ Roesch, R., & Zapf, P. A. (Eds.). (2013). Forensic assessments in criminal and civil law: A handbook for lawyers. NY: Oxford University Press.
- ↑ Roesch, R., Kayfitz, J. H., Watt, M. C., Cooper, B. S., Guy, L. S., Hill, D., Haag, A. M., Pomichalek, M., & Kolton, J. C. (2019). Fitness to stand trial and criminal responsibility assessments: Advocating for changes to the Canadian Criminal Code. Canadian Psychology, 60, 148-154.
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