Assignment 3: Individual Research Task

The Criminal Process © 2014 Argosy University

Page 2 of 3 Psychology and the Legal System

©2014 Argosy University

2 The Criminal Process

Let’s learn about the various types of issues in the criminal process. Preapprehension Issues

Even before an individual is apprehended, forensic mental health professionals might be involved in attempting to identify the person responsible for a crime—that is, the identification of a suspect. One investigative technique that has risen in popularity in recent years is criminal profiling. Criminal profiling falls within a broader area of work referred to as investigative psychology. You will learn a lot about profiling and investigative psychology in Modules 2 and 3.

Pretrial Issues

Before a forensic mental health professional or a psychologist sees an individual involved in a legal case, much has already happened. The individual, now termed a “defendant,” has been arrested, charged with one or more crimes, and perhaps indicted—a formal process of registering the charges. Usually, the professional is not involved until after the individual’s arrest and prior to adjudication of his or her case. Three pretrial issues may arise in which a mental health professional’s input is requested. One of the most frequent requests of forensic psychologists is a Competency to Stand Trial (CST) examination. Criminal defendants are presumed to be competent unless a legitimate issue of their competency is raised. When this issue is raised, it must be resolved before the case can go to trial. Sometimes, an exam is performed, the individual is determined to be CST, and he or she proceeds with the legal process. However, in some cases, the individual might not be competent, might need treatment, and might receive mental health and competency restoration services prior to trial.

Another pretrial issue that sometimes arises in criminal cases is the issue of competency to waive the right to remain silent—that is, the individual’s competency to waive Miranda warnings. Once an individual thought to have committed a crime has been detained by the police, he or she must be given a Miranda warning, a verbal statement informing him or her that it is not necessary to speak, that statements may be used in a court of law, and that there is a right to an attorney. If the individual elects to speak to the police, any statements made might be considered a confession that can be used in the court. In determining whether the individual appropriately waived the right to remain silent prior to making a confession, the court will examine whether the confession was made knowingly, intelligently, and voluntarily. While the court is responsible for the final decision in such a case, a mental health professional may be able to help the court make this decision. In such a case, the matter will need to be resolved prior to trial so that the prosecution and defense will know whether the confession will be admissible. As a final example, a forensic professional may evaluate a juvenile in a criminal case in order to determine whether the juvenile is amenable to treatment and whether he or she should be tried in adult as opposed to a juvenile court.

Issues Addressed at Trial

An important issue that may be the subject of debate in a criminal trial is that of the defendant’s criminal responsibility. Often, this involves an examination to determine whether the defendant may have been “insane” at the time of committing a crime. As you will learn in Module 3, a determination of insanity usually involves assessment of two areas: (1) the individual’s capacity to know right and wrong at the time of the crime and (2) the individual’s ability to control his or her behavior. If this issue is raised by a defendant and his or her attorney, an MSO examination may be performed. The findings can then be

Page 3 of 3 Psychology and the Legal System

©2014 Argosy University

3 The Criminal Process

addressed in the trial. Of course, both the defense and the prosecution may each request an examination of the mental state issue, and the findings of the respective experts may be in disagreement. The experts’ opinions may then be presented in court, and the trier of fact (judge or jury) will be responsible for the final decision.

Issues That Arise Following Trial

So far, we have talked about the issues that may be raised prior to and at the time of trial. But once the trial concludes, other issues may warrant attention of mental health professionals. Posttrial issues often involve questions of treatment for the mentally ill individual. It is not unusual for the judge to order a presentence mental health evaluation. Many questions may be associated with a presentence evaluation. Does the person need psychiatric hospitalization? Does the person need outpatient care while undergoing probation? Or in the case of someone convicted of a sex offense, should the individual be committed to a residential treatment program for sex offenders? These are the types of questions with which forensic mental health professionals can often help. One of the most compelling situations prior to sentencing occurs in capital murder trials, where the court considers the question of whether the death penalty is appropriate under the law. In this situation, mental health professionals may be called upon to provide information to the court that will help determine the appropriateness (or lack thereof) of a death penalty. In helping the trier of fact make its decision, the forensic professional may help to identify mitigating and aggravating factors to be considered at sentencing.