Introduction –

Definition: It is an application of psychological findings to legal processes, It involves

assessment, evaluation and treatment of criminal offenders as well as other areas of legal
systems.
Criminal psychology includes research and study involving:
i) Profiling
ii) Risk Assessment
iii) Police line ups
iv) Interrogation
v) Polygraph/Lie – Detector
vi) Hypnosis
Profiling—one of the tasks often associated with investigative psychology—requires
sketching the significant psychological and demographic features of a person or persons.
Risk Assessment – The risk assessment process looks very much like a clinical psychological
assessment with the addition of instruments specifically designed to assess recidivism
(relapse into criminal behavior, often after the person receives sanctions or undergoes
intervention for a previous crime) rates and to identify specific criminogenic factors.
 Assessment (conduct tests to assess mental state, IQ, competency, etc.).
 Treatment (providing services to offenders in prisons, treatment/detention centers,
& following release from prison).
 Provision of testimony in a variety of legal cases in areas such as family law (custody,
visitation), civil law (personal injury, worker’s compensation, wills & contracts), and
criminal law (competencies, sentencing).
Psychologists assist the legal system in a number of ways including providing expert
testimony in legal, administrative, and legislative proceedings; conducting and testifying
about research conducted in anticipation of litigation; testifying about research not
conducted in connection with litigation but that is nonetheless relevant; and researching the
legal system’s operation.
History of Forensic Psychology
Timeline (Major Developments) –
In ancient India and Greece concepts of forensic psychology can be traced to the use of
insanity in defenses & legal system.
1843 – The case of Daniel McNaughten marks the first use of a psychological defence in a
criminal trial, leading to the McNaughten Rule, which establishes standards for insanity
defences.
1879 – Wilhelm Wundt established the first Forensic psychology lab in Germany, He is also
considered as “Father of Modern Psychology”.
1893 – James McKeen Cattell conducted research on the psychology of testimony at
Columbia University revealing inaccuracies in eyewitness testimony. Cattell's research
highlighted how memory can be influenced by various factors, raising questions about the
accuracy of eyewitness accounts in legal settings.
1901 – William Stern demonstrated the unreliability of testimony of eyewitness under
emotional stress. His studies demonstrated how memory can be affected by various factors,
including suggestion and the passage of time. This research laid foundational principles that
are still relevant in understanding eyewitness reliability and the psychological processes
involved in legal testimonies.
1908 – The term "forensic psychology" is coined, with psychologists beginning to apply
psychological principles to legal issues.
1910 – The American Psychological Association (APA) is founded, which later includes
forensic psychology as a specialty.
1915 – Hugo Munsterberg published the book "Psychology and Law," which further
explored the application of psychological principles to legal issues. In this work, he discussed
various topics, including the reliability of witness testimony, the psychology of juries, and the
effects of suggestion and emotion on memory.
1916 – Louis Terman began his influential work on the Stanford-Binet Intelligence Scale,
which was a revision of the original Binet-Simon scale and highlighted the importance of
intelligence testing in various contexts, including legal settings, where assessments of mental
competency and intellectual functioning can be crucial.
1921 – Psychologist Hugo Munsterberg publishes "On the Witness Stand," emphasizing the
importance of psychology in legal contexts.
2001 – The APA recognizes forensic psychology as a distinct specialty.
Hugo Münsterberg: Father of forensic psychology
(1863-1916) was a German-American psychologist who made significant
contributions to the field of applied psychology.
Hugo Münsterberg was born on June 1, 1863 in Danzig, Prussia (now known as
Gdansk, Poland).
Hugo Münsterberg made groundbreaking contributions to forensic psychology,
a field that applies psychological principles to legal issues. His work in this area
was pioneering and has had a lasting impact on how the legal system
understands human behavior.
Eyewitness Testimony: He argued that human memory is not a perfect
recording device but is instead reconstructive and susceptible to errors and
biases.
False Confessions: Münsterberg highlighted how certain interrogation
techniques could lead to false confessions, emphasizing the need for more
scientifically grounded methods.
Jury Decision-Making: He examined how psychological factors, such as group
dynamics and individual biases, could affect jury decisions.
Münsterberg’s work challenged traditional courtroom practices and introduced
a more scientific approach to understanding legal processes. His insights into
the fallibility of human perception and memory have influenced modern
forensic psychology and continue to be relevant today.
In the case of eyewitness testimony, Münsterberg showed that different
people may process and arrange information in different ways. In one of his
experiments, students in his psychology class at Harvard were shown images
that were made up of random dots. Afterward, he asked how many dots were
shown. The answers he received varied greatly despite the fact that his
students were exposed to the same image for the same length of time.
Münsterberg believed that eyewitness testimony is often unreliable because
human memory is often unreliable. He argued that an individual's memory can
be influenced by his or her personal experiences, biases, and interests.
Münsterberg found that untrue confessions (where an innocent person
confesses to a crime) are more likely if intense interrogation techniques are
used when questioning people who have a strong need to please authority
figures. Individuals who are depressed and believe they deserve punishment
are also more likely to confess to crimes they did not commit.

Wilhelm Wundt: Father of Psychology

Wilhelm Wundt opened the Institute for Experimental Psychology at the
University of Leipzig in Germany in 1879. This was the first laboratory
dedicated to psychology, and its opening is usually thought of as the beginning
of modern psychology. Indeed, Wundt is often regarded as the father of
psychology.
Wundt wrote the first textbook on experimental psychology, established the
first laboratory for psychology research, founded the first academic journal for
psychology research, and was the first person to refer to himself as a
psychologist. He is universally recognized as one of the most eminent and
influential people in the history of psychology.
The school of psychology founded by Wundt is known as voluntarism, the
process of organizing the mind. One way Wundt contributed to the
development of psychology was to do his research in carefully controlled
conditions, i.e. experimental methods.

Sigmund Freud, was an Austrian neurologist, while not a forensic psychologist,

made foundational contributions to psychology that have influenced many
fields, including forensic psychology. Freud is best known for developing
psychoanalysis, a method for treating mental illness and a theory of
personality.

John Douglas: Mindhunter is the pioneer of criminal profiling. The former FBI
agent’s autobiographical book Mindhunter — now a critically acclaimed Netflix
series, during his career with the FBI’s Behavioural Science Unit (BSU), Douglas
interviewed the likes of Ted Bundy, Jeffrey Dahmer, and the BTK Killer.
Robert D. Hare - Renowned for his research on psychopathy, Hare developed
the Psychopathy Checklist-Revised (PCL-R), a tool widely used in forensic
assessments to evaluate psychopathic traits.
Famous personalities in Forensic Psychology (India)
Prof. (Dr.) S.L. Vaya is the Director of School of Criminology and Behavioural Sciences,
Rastriya Raksha University, she worked on new domains like Neurocriminology, Forensic
Assessment Interviews, Dermatoglyphic personality profiling, validation study of Farwell’s
brain fingerprinting technology and many more small projects.
She is the first NABL Accredited Forensic Psychologist in India for Polygraph Examination,
Narcoanalysis and Brain signature Profiling. NABL appointed her as technical expert for
onsite assessment of lie detector unit to SFSL Andhra Pradesh, CFSL CBI New Delhi, and
Forensic Science Laboratory, Madhuban, Haryana.
She is credited with establishing procedures to interrogate suspects using the latest methods
in forensic psychology.
Anuja Trehan Kapur is a prominent forensic psychologist in India known for her
contributions to the field of forensic psychology and mental health. Anuja Trehan Kapur was
involved in the infamous Aarushi Talwar case, which garnered widespread media attention in
India. Anuja Trehan Kapur conducted psychological evaluations related to the case, focusing
on the behaviour and mental health aspects of the individuals involved. She provided
insights into the psychological dynamics that may have influenced the events surrounding
the murders, contributing to the discussions around motive and behaviour.
 Ethics in Forensic Psychology
Ethics is the moral philosophy and the word is derived from the Greek word “ethos,” which
means custom, habit, character, or disposition.
Key concepts include:
1. Integrity: Honesty in conducting research and reporting results.
2. Responsibility: Acknowledging the consequences of scientific work on individuals
and the environment.
3. Respect: Valuing the rights and dignity of all people involved in research.

The American Psychological Association (APA) is the main professional organization

of psychologists in the United States, and the largest psychological association in the world.
It is known for several key contributions:
1. Publication Style: The APA has developed a widely used citation style (APA Style) for
writing research papers, particularly in the social sciences. This style provides
guidelines for formatting, referencing sources, and structuring papers.
2. Ethical Guidelines: The APA publishes an ethical code that outlines standards for08
ethical behaviour in psychological research and practice, ensuring the welfare of
participants and integrity in research.
3. Research and Advocacy: The organization supports psychological research, promotes
the application of psychological science, and advocates for policies that benefit
mental health and well-being.
4. Conferences and Journals: The APA organizes conferences and publishes numerous
scholarly journals, providing platforms for the dissemination of psychological
research.
Organizations like the National Academy of Psychology (NAOP) and the Indian Association
of Clinical Psychologists (IACP) also contribute to the field of psychology in India by
facilitating research, professional development, and ethical practices.
To practice principled forensic psychology, psychologists must recognize both the
constraining and the supportive features of ethics codes and related guidelines and conduct
themselves in a professionally proper manner at all times. The main document providing
psychologists direction for ethical conduct is the just mentioned “Ethical Principles of
Psychologists and Code of Conduct” promulgated by the APA (2002, 2010a).
The section on general principles in the APA Ethics Code delineates five aspirational goals
toward which psychologists should strive in their practice, teaching, and research.
1. Beneficence and malfeasance. Psychologists should safeguard the rights and welfare of
those to whom they provide services and maintain vigilance to ensure that their influence is
not misused.
2. Fidelity and responsibility. Psychologists should establish trusting relationships with their
clients, clarify their professional roles and obligations, and coordinate services with other
professionals to each client’s benefit.
3. Integrity. Psychologists should promote truthfulness in research, teaching, and practice
and avoid dishonesty, deception, subterfuge, and misrepresentation of fact.
4. Justice. Psychologists should allow equal access to their services by all people, whether
advantaged or disadvantaged and whatever their background, and they should provide
services of equal quality to all.
5. Respect for people’s rights and dignity. Psychologists should respect the dignity and worth
of all people and their rights to privacy and autonomy. This respect should extend to persons
with diverse backgrounds, including diversity related to age, gender, gender identity, race,
ethnicity, national origin, religion, sexual orientation, disability, and socioeconomic status.

ETHICS CODE: SPECIFIC STANDARDS

As previously stated, the APA Ethics Code comprises 10 specific standards intended to serve
as enforceable rules of conduct that psychologists are obliged to follow. Unlike the general
principles to which psychologists should aspire, these standards constitute requirements
they are expected to meet in order to remain in compliance with the Ethics Code.

STANDARD 1: RESOLVING ETHICAL ISSUES, the first standard in the Ethics Code provides
instructions for resolving conflicts between ethical considerations and the expectations or
demands of legal, governmental, or organizational entities. A key provision in the 2002 Ethics
Code concerning such expectations and demands was amended in 2010. This provision had
specified that, when faced with ethical conflicts that could not be resolved, “psychologists
may adhere to the requirements of the law.”
STANDARD 2: COMPETENCE the standard on competence addresses psychologists’
obligations to provide services only within the boundaries of their abilities as gleaned from
their education, training, study, relevant supervision, and professional experience. They can
serve populations or employ methods unfamiliar to them only after sufficient preparation,
consultation, and/or supervision to ensure professional competence.
STANDARD 3: HUMAN RELATIONS The Ethics Code standard on human relations speaks to
practicing, teaching, and researching psychology in ways that are considerate of others and
avoid causing them harm to the degree possible. Included in the several sections of the
standard are proscriptions against discriminating against, harassing, or exploiting others and
guidelines for not becoming involved in multiple relationships and conflicts of interest.
STANDARD 4: PRIVACY AND CONFIDENTIALITY Standard 4 concerns the responsibility of
psychologists to respect and protect the privacy of the people to whom or for whom they
provide professional services.
STANDARD 5: ADVERTISING AND OTHER PUBLIC STATEMENTS Standard 5 in the Ethics Code
indicates that psychologists are free to make public statements about their professional
qualifications and to express their professional opinions on matters related to psychology. In
so doing, however, they must avoid making any false or deceptive statements.
STANDARD 6: RECORD KEEPING AND FEES The text of Standard 6 in the Ethics Code obliges
psychologists to facilitate the services they provide by documenting their work with
adequate case records and making these records available to other professionals, as
appropriate and within the constraints of confidentiality.
STANDARD 7: EDUCATION AND TRAINING The standard on education and training holds
psychologists responsible for designing appropriate experiences and providing appropriate
knowledge to accomplish the goals of any program in which they participate.
STANDARD 8: RESEARCH AND PUBLICATION With regard to research, Standard 8 in the Ethics
Code delineates requirements for obtaining informed consent from research participants,
protecting participants from any adverse consequences of participating in a study, and
sparing members of a targeted research population from disciplinary or punitive action
should they decline to participate.
STANDARD 9: ASSESSMENT The first three sections of the assessment standard define the
essence of ethical assessment practice. First, psychologists should offer opinions only about
persons they have examined, except when the person is not available for examination or
when only a consultation or record review is necessary. Second, assessments should be
conducted with reliable and valid methods that are appropriate for the purpose of the
examination. Third, informed consent must be obtained from the person to be examined,
unless the examination is mandated by law or is a routine part of an activity in which the
person is a voluntary participant, such as pre-employment screening.
STANDARD 10: THERAPY The therapy standard deals mainly with restrictions on any
intimacies between psychologists and their current or former psychotherapy patients and
these patients’ significant others.
Expert opinion:
An expert opinion under the Indian Evidence Act, 1872, refers to the testimony provided by
a person who possesses specialized knowledge, skills, or experience in a particular field
relevant to the case. This expertise enables them to provide an opinion that is beyond the
understanding of the average person and is considered valuable in assisting the court in
reaching a decision.
45. Opinions of experts.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or
as to identity of handwriting [or finger impressions] the opinions upon that point of persons
especially skilled in such foreign law, science or art, [or in questions as to identity of
handwriting] are relevant facts. Such persons are called experts.
Forensic psychologists can give expert testimony in court regarding the competency of a
person to stand trial, they can assess and give testimony in court regarding the fact that
whether the offender has committed the offence due to his/her mental incapacitation,
whether the person needs treatment etc.

Role/scope of Forensic Psychologists

1. Forensic psychologists can give expert testimony in court regarding the competency
of a person to stand trial, they can assess and give testimony in court regarding the
fact that whether the offender has committed the offence due to his/her mental
incapacitation, whether the person needs treatment etc.

2. They can assist the police in investigation by interviewing some suspects and since
they have knowledge of human psychology and law it becomes beneficial for the
investigation process; they are expert in using different forensic psychological tools
which again fast pace the investigation process. They work in forensic psychology
division of the forensic science labs.

3. They try to understand the mindset of criminals, the reason behind commission of a
crime, try to assess their risk for recidivism.
4. Forensic psychologists work in prison settings to assess a prisoner's mental state, to
provide counselling, for their rehabilitation and reintegration in society etc.
5. They design correctional programs, rehabilitation programs,
6. They can do psychological autopsy of the deceased in any criminal case.
7. Forensic psychologists carry out researches in various domains of forensic
psychology.
8. They conduct child forensic interviewing in cases related to child abuse and other
serious matters.
9. They can be a member of the juvenile justice board, can work for rehabilitation and
counselling of juveniles, provide counselling services in family courts.
10. Evaluate child custody in case of parental separation.
11. They can work in NGOs for the betterment, counselling of aggrieved parties.
12. Forensic psychologists can work as victim advocates.
13. Lawyers often consult them for different cases.
14. Many of them work in academic settings as professors, lecturers, research assistant
etc.