9 Nov 2022

119

Forensic Psychology and Profiling: Criminal Justice System

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Academic level: College

Paper type: Research Paper

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The criminal justice system players are responsible for solving crime by linking the crime to perpetrators and, in this way, promote justice and fairness. The process of determining criminals is arduous and requires the use of best and modern practices to reduce the chances of wrongful accusations. Forensic psychology is one of the most recent approaches that is used by law enforcement agencies to link crimes with respective perpetrators. The strategy is a combination of psychology and law, where investigators apply psychological expertise to study criminals. Forensic psychologists apply clinical skills such as treatment, assessment, and evaluation to individuals who are involved with the legal system. Forensic psychology is a tool for profiling criminals by focusing on their behavioral patterns psychopathologies, antisocial personality traits, and demographic variables. An analysis of forensic psychology is its history, its application in the criminal justice system and related theories in crucial in understanding its place in the criminal justice system. Forensic psychology is a discipline that allows the application of psychological methods and knowledge to solve legal issues, dilemmas, and questions. Individuals who work in this field apply their psychological expertise to the justice system to allow for an understanding of criminal behaviors. It is important to note that forensic psychology is not only about understanding criminal behaviors, but it aims to reduce crime rates. By observing behavior patterns and personality traits that predispose individuals to crime, forensic psychologists can help minimize them. Gavin (2019) establishes that forensic psychology is a wide-ranging discipline considering that forensic psychologists have many roles in the criminal justice system. Forensic psychologists engage in competency evaluations to evaluate the suspects' state of mind to enhance the fairness of the legal process. Forensic psychologists play a crucial role when it comes to sentencing, considering that they recommend the most effective sentencing terms depending on the offender's crime. In this case, forensic psychologists usually prepare presentence investigation reports (PSIR) that are an investigation of the offenders' crime history (Brodsky, 2017). The report provides information on extenuating circumstances and the offenders' history and from here determines the mist valid prison term. Forensic psychologists are not only active in the court system but also the correctional facilities. Here forensic psychologists attend to inmates' mental health needs to conduct psychological assessments as well as engage in court-ordered evaluations. The scope of forensic psychology is wide-ranging, considering that they are involved in all aspects of the criminal justice system (Gavin, 2019). To this end, one can establish that forensic psychology informs criminal justice processes and shapes the outcomes in law enforcement agencies, court systems, and correctional facilities. It is crucial to make a distinction between forensic psychology and clinical psychology to understand its nature and scope. Forensic psychologists' duties are minimal and time-bound as compared to those of clinical psychologists' duties since forensic psychologists perform specific functions such as determining suspects' mental competences (Neil, 2017). The other difference between forensic psychologists and clinical psychologists is the fact that while in clinical psychology, clients voluntarily ask for an evaluation, in forensic psychology, clients are not there out of the free will. The criminal justice system players work with a forensic psychologist to ensure that the suspects are in their right mental health to enhance fairness. This arrangement could be stressful as a lack of free will from the clients could complicate the diagnosis, assessment, and treatment process as clients would resist attempts to help them. Despite the challenges, forensic psychologists play a crucial role in helping the criminal justice system to understand the criminals' drives and behaviors and, in turn, facilitate fairness. Forensic psychology is considered a new specialty area within the field of the criminal justice system, although it is as old as psychology. For a long time, people have been interested in understanding why people behave aggressively, commit crimes, or even engage in antisocial behaviors. Forensic psychology dates back to 1879 when Wilhelm Wundt, who is considered the father of psychology when he established a laboratory to study human behavior and mind using scientific methods (Gavin 2019). Moreover, Wilhelm developed structuralism, which is considered the first school of thought in psychology, describing the structures that form the human mind. Wilhelm's ideas paved the way for the development of forensic psychology with James McKeen Cattell researching the psychology of testimony. Cattell's research findings informed Alfred Binet, who undertook a research study into intelligence testing as it applies to law and criminal justice. His work was entirely instrumental since he developed the Alfred Binet Intelligence Scale that is still in use today (Teive et al., 2017). Forensic psychologists use intelligence tests to determine whether an offender's intelligence quotient is a predisposing factor to commit a crime. In the same manner, William Stern studied witnesses' ability to recall details and discovered that one's emotions interfere with memories of events. These studies became very important, and courts enlisted psychologists as expert witnesses making psychology to be practical in all spheres of life. Hugo Munsterberg, a German-American psychologist, advocated for the use of psychology in the legal system as a way of understanding behaviors. Over the decades, the legal system has appreciated the contribution of psychologists in helping to determine cases by offering guidance or being expert witnesses. In as much as the concept of forensic psychology has been around, it is not until 2001, when the American Psychological Association recognized it as a specialty area (Gavin 2019). Forensic psychology has grown exponentially in recent years thanks to television programs, movies, and books that have popularized the field. These movies, books, and programs depict heroes who help to solve criminal mysteries and track don offers by applying psychological principles. More and more individuals are enrolling in forensic psychology and have the opportunity to learn about cognitive psychology, criminal psychology, and perception, among others. It is hoped that forensic psychology will witness exponential growth as a new form of crime and a new breed of criminals come to the fore. Criminal profiling is the application of forensic psychology concepts and crime scene analysis to identify perpetrators. Forensic psychologists play a crucial role in the investigation phase since they determine whether crimes are linked and, at the same time, predict perpetrators' lifestyle characteristics and personality. During this phase, criminal profiling becomes the roadmap for apprehending an unknown offender as well as predicts if there will be an escalation of the offender's crimes. Brown et al. (2015) note that forensic psychologists analyze behavioral indicators of crime and draw a profile indicating the characteristics of the offenders. The psychologists continue to work on the profile to ensure that it is a valid and reliable investigation tool. Forensic psychology principles are applied in the apprehension phase considering that profiling is the tool that is used to create a roadmap of where to find the unknown offender. At this point, forensic psychologists establish which information is to be included in the search warrant and predict how the suspect may react to the arrest. This information prepares law enforcement officers to handle any eventualities that may arise when they encounter the suspect. In the same manner, forensic psychologists who are the first criminal profilers are a part off the prosecution phase. These psychologists take the role of expert witnesses who link crimes to forensic evidence and, in so doing, connect crimes to respective perpetrators. Psychological profiling rides on the assumption that there must be consistency between offenders' personalities and how the offenders behave in crime scenes. This assumption is important as it helps forensic psychologists to link offenders to prior crimes and in turn help to solve crimes. The three components that advise psychological profiling are behavioral consistency, individual differentiation, and inferences on offender characteristics (Brown et al., 2015). Behavioral consistency helps profilers to understand consistency across a series of crimes and the development of one's criminal career. At this point, the profilers can understand if the offenders follow the same psychological theme and subtype or engage in specific behaviors; in the same manner, profilers can establish whether an offender adapts highly specialized and unique behaviors and in this way have a personal signature. On the other hand, individual differentiation aspect of psychological profiling differentiates offenders' behavioral actions, which are then used to crime scenes subtypes. Inferences on offender characteristics are a psychological profiling component that links crime scenes subtypes and offender background characteristics. This component is crucial as it helps law enforcement officers to narrow down the suspect pool to the most likely offender. The three components are highly interrelated, and forensic psychologists play a pivotal role in ensuring that criminal profiling enhances criminal justice system procedures. Criminal profiling is the process of matching crime scene behaviors to offender background and characteristics which rides on various psychological theories. Psychological theories focus on the ways one's characteristics interact with the social environment and, in that way, predispose one to criminal tendencies. The psychodynamic theory, which was first introduced by Sigmund Freud, establishes that violent behavior is a product of unconscious forces that operate within an individual's mind. Further the theory advances the idea of latent delinquency which is a product of inadequate childhood socialization and which is evidenced by inability to feel guilt and lack of empathy (Gillespie & Mitchell, 2018). Violent criminals are considered as individuals who cannot control their pleasure-seeking and impulsive behaviors since their id is too strong. Psychopathy theory is a significant theory in forensic psychology since it provides explanation for antisocial behaviors among subgroups. The theory establishes that those individuals who commit crimes are psychopaths who are products of aberration or defect within themselves. Psychopaths tend to have above-average intelligence, demonstrate low levels of guilt; they are egocentric, take risks, and are coldhearted. These characteristics predisposes them to criminal acts since its offers them a chance to engage in high-risk and thrilling activities. Cognitive theory is a major psychological theory, which is used by forensic psychologists to understand criminals' minds and drives to commit the crime. The theory allows psychologists to understand how the criminals mental processes and how they perceive and represent their world. More so forensic psychologists are concerned with the aspect of information processing by focusing on acquisition, retention, and retrieval processes. Individuals who process information correctly are more likely to stay away from criminal and delinquent behaviors. On the other hand, individuals with faulty cognitive process may engage in flawed reason and in turn be predisposed to criminal tendencies. Palmer (2018) notes that flawed reasoning may occur due to prolonged exposure to violent situations or rejection by peers or parents. Individuals are likely to contemplate the consequences of this rejection, which may in turn damage ones self-esteem. It is likely that individuals with lowered self-esteem may resort to using violence as a coping mechanism. Forensic psychologists are guided by this theory to understand the offenders past and, as a result, inform the criminal justice players on the best practices to deliver fair judgments. Behavior theories or behaviorism is major psychological theories that help forensic psychologists in criminal profiling. Behaviorism establishes that human behavior is a product of learning and that behaviors are aligned to social reactions. In particular, people are more likely to engage in behaviors that are rewarded and avoid behaviors that attract punishment or negative reactions. Social learning theory, which is a major branch of behaviorism, is used to explain why individuals engage in crime despite attracting punishment. The theory states that individuals are not born with criminal tendencies, but rather, behavior modeling predisposes them to aggression and violence (Farrington & Ttofi, 2018). Family interactions, mass media, and environmental experiences re the main sources of behavior modeling for young children. During criminal profiling, forensic psychologists normally focus on suspected offenders, family backgrounds, and environmental experiences. Individuals who come from violent families and neighborhoods are likely to engage in violent behaviors, having learned from their parents, siblings, relatives, friends, or neighbors. Forensic psychology is a major aspect of the criminal justice system, and more often than not, forensic psychologists inform and determine criminal justice processes and outcomes. Forensic psychologists are involved in all the phases of the criminal justice process, starting from the investigation, apprehension, and sentencing. Forensic psychologists have been involved in numerous criminal cases where they have helped to convince the jury whether suspects are guilty or innocent. Forensic psychology played a crucial role in the People of the State of Illinois vs. John Wayne Gacy. Wayne Gacy was an infamous serial killer who targeted teenage boys whom he sexually exploited before strangling and burying them in a crawl space in his house (Crane, 2016). In as much as Gacy's neighbors' complaints and suspicion helped to end Gacy's killing spree, forensic psychologists made sure that Gacy did not plead to insanity. The forensic psychologist conducted a series of interviews and, in this way, concluded that Gacy's murders were premeditated. Moreover, Gacy had detailed plans when it came to concealing the bodies of his victims. If forensic psychologists had not intervened, Gacy would have contributed his action to insanity this denying victims' families justice. In the same manner, forensic psychologists helped the delivery of justice for Ted Bundy's victims. Ted Bundy, an infamous and notorious serial killer who kidnapped, raped, and murdered women and girls, would have escaped justice, were it not for forensic psychologists (FBI, 2013). Forensic psychologists managed to create a criminal profile based on the crime scenes when Bundy's attacks and murders became frequent and less careful. From the profile, they managed to trace Bundy's former girlfriend, who provided requisite information that led to Bundy's arrest and conviction. The court established that Bundy was linked to numerous unsolved murders, and this way, the victims' families got justice.

Conclusion 

Forensic psychology, which is as old as the discipline of psychology, is a crucial specialty in the criminal justice system as it helps to link criminals with crimes. Wilhelm Wundt, who is considered the father of modern psychology, developed structuralism, which is used to describe the structures that form the human mind. Wilhelm paved the way for the development and application of forensic psychology in the legal arena. In as much forensic psychology has been part of psychological discourse, it is not until 2001 that the American Psychological Association recognized it as a specialty area. Today forensic psychologists are involved in all criminal justice processes, including investigation, apprehension, sentencing, and incarceration. Forensic psychologists prepare criminal profiles to assist the law enforcement officers to narrow down on a list of suspects. The criminal profiles are based on the crime scene behaviors, which are used to filter offenders, especially those that have been engaged in prior crimes. The significance of forensic psychology cannot be downplayed, considering that they have helped to prosecute criminals who would have escaped justice. John Wayne Gacy and Ted Bundy are some of the infamous American serial killers who would have gone scot-free were it not for forensic psychologists. To this end, one can conclude that forensic psychology is a necessary aspect of any criminal justice system that is keen on delivering justice and fairness.

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References 

Brodsky, S. L. (2017). Therapeutic versus forensic roles. In G. Pirelli, R. A. Beatty, & P. A. Zapf (Eds.). The ethical practice of forensic psychology: A Casebook (p. 21). Oxford University Press.

Brown, J., Shell, Y., & Cole, T. (2015). Forensic Psychology: Theory, research, policy, and practice . Sage Publications Inc.

Crane, T. (2016). John Wayne Gacy: The true crime story of the killer clown . CreateSpace Independent Publishing Platform.

Farrington, D. P., & Ttofi, M. M. (2018). Developmental and psychological theories of offending. In G. M. Davies, & A. R. Beech (Eds.), Forensic psychology: Crime, justice, law, interventions (pp. 25-54). John Wiley & Sons Ltd.

FBI. (2013). Serial Killers- Part 2: The Birth of Behavioral Analysis in the FBI. FBI.gov . https://www.fbi.gov/news/stories/serial-killers-part-2-the-birth-of-behavioral-analysis-in-the-fbi

Gavin, H. (2019). Criminological and forensic psychology (2 nd Ed.). Sage Publications Inc

Gillespie, S. M., & Mitchell, I. J. (2018). Psychopathy. In G. M. Davies, & A. R. Beech (Eds.), Forensic psychology: Crime, justice, law, interventions (pp. 83-106). John Wiley & Sons Ltd.

Neil, T. M. S. (2017). Identifying the forensic psychologist role. In G. Pirelli, R. A. Beatty, & P. A. Zapf (Eds.). The ethical practice of forensic psychology: A casebook (p. 1-20). Oxford University Press.

Palmer, E. J. (2018). Psychological approaches to understanding crime. In G. M. Davies, & A. R. Beech (Eds.), Forensic psychology: Crime, justice, law, interventions (pp. 25-54). John Wiley & Sons Ltd.

Teive, H. A. G., Teive, G. M. G., Dallabrida, N., & Gitierrez, L. (2017). Alfred Binet: Charcot's pupil, a neuropsychologist, and a pioneer in intelligence testing. Arquivos de Neuro-Psiquiatria , 75(9), 673-675. https://doi.org/10.1590/0004-282x20170097.

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