There are many occasions in which people are involved in situations related to justice . In most of these cases, those affected seek a lawyer to take their case and defend them.

However, on many occasions it is necessary to produce an expert psychological report to provide conclusive and forceful elements to help the judge in his sentence. Thus, it is necessary to understand what the work of a legal-forensic psychologist is and how he can help us.

Legal psychology is responsible for the study, evaluation and counselling of behavioural psychological phenomena that are related to the behaviour of individuals in the legal sphere. Thus, legal psychology is an area of psychology that is in charge of the study of behaviours, psychological and relational phenomena of people in the field of law, justice and the law.

Within legal psychology there are many areas of work. Among the different areas of analysis and intervention we find prison psychology, police psychology, crime psychology, judicial mediation, victimology, family psychology, minors, labour law, criminal law, etc. Thus, the legal psychologist develops different functions depending on the area of work.

What is an expert psychologist?

An expert psychologist studies and evaluates the individual and his behavior psychologically in a judicial context . This professional is specialised and has the capacity and experience to provide a technical psychological opinion that can help the judge in his sentence. The role of the legal-forensic psychologist is to assess the personality and psychological symptoms of individuals in this legal environment.

How does a psychological expert act in a judicial process?

In a legal procedure, the expert psychologist can act in different ways depending on the needs. Among them;

  • Psychologist as advisor and counselor . This can be done with lawyers or other professionals who have to testify. The psychologist advises these professionals on what they can ask you or how to prepare their own claim.
  • Psychologist as therapist . The aim is to diagnose the patient in order to determine his or her mental state. It is usually useful in cases of incapacity for work.
  • The psychologist as an expert . The aim is to advise the judge with the conclusions provided. The psychologist should not act as a therapist and expert witness with the same case because it reduces the reliability and impartiality of the case.

The expert’s report can be requested by a judge or magistrate, by the public prosecutor’s office, by the person concerned or by a lawyer. This report must provide an answer to the complaint requested as necessary evidence.

What’s the use of an expert psychologist?

An expert psychologist is in charge of providing his knowledge on events related to the psychological environment . Among the actions that he or she carries out are the following:

  • Group information and relevant aspects from sources that are necessary (court, social services, other professionals, medical reports, etc.)
  • Perform psychological evaluations assessing internal and external factors of individuals. The internal factors are the mental health, the behavior of the person, personality, etc. and the external factors such as the social, family, economic, work situation, etc.
  • The evaluation will be impartial and objective, based on standardized tests, interviews, direct observation and review of documentation provided depending on each particular case.
  • Ratify the report made in the trial by providing important and crucial psychological symptoms and/or sequelae that help the judge to make decisions in the judicial process.

When should I get a psychologist to do a forensic report?

The forensic psychologist Marta Garrido, from the Gabinete de Psicólogos Málaga Psicoabreu explains how we can detect when it is necessary to carry out a psychological expert’s report. It may be necessary in any of these situations:

1. Divorce and child custody cases

The most frequent situations are the cases of separation, divorce and custody of children . The forensic psychologist advises on aspects related to the separation, assesses the family situation and parental capacity and establishes the type of custody and visitation regime that is most beneficial for the children. In addition, the professional also assesses whether it is necessary to modify the custody and visitation regime. On other occasions, the psychologist may act as a mediator to seek agreement between the parents.

2. Cases of abuse

When a person suffers abuse, violence, sexual assault or similar, the expert psychologist evaluates the symptoms and psychological sequelae as a consequence of the events experienced (victims). In the case of alleged aggressors, he or she assesses whether there are mental disorders of the personality that have led him or her to carry out the criminal act. It assesses whether there is moral damage and the credibility of testimony in minors.

3. Conflicts in the school or work environment

Problems caused at school or work . The forensic psychologist will evaluate the victim to establish whether he or she has suffered bullying, mobbing or burnout and what the consequences of these situations are.

4. Accidents

In the event of an accident, psychological consequences may appear that affect your daily life (family, social, work, personal). The forensic psychologist will focus his work on assessing the psychological symptoms and their severity using specific techniques, this psychological state being caused by the accident. In addition to assessing the damage and deterioration that it has generated (as it affects different areas of your life).

5. Psychological sequels

In evaluation of psychological sequelae, incapacitations due to illness or lack of volitional and cognitive capacity.

6. Moral damage

In cases of moral damage (life, honour, dignity, reputation, self-image, social esteem, physical and psychological health). For example: deceitful parenting (discovering that it is not your child), related to suffering a stressful situation for a long time, etc.

7. Disability

In cases of determination of permanent disability. For example, persons suffering from a personality disorder, mental illness caused by physical illness, etc.

8. Counterparts

Counterpraisal. Psychological counter-expertise can be useful on many occasions. When there is an expert’s report and there are doubts about the procedure and the application of the methodology, it may be necessary to carry out another expert’s report using the methodology correctly. These reports can be drawn up in any field (criminal, civil, labour, etc.).

Whatever the forensic psychologist’s assessment, the psychological expert’s report must have contrastable and defensible evidence with a coherent content and objective arguments. Thus, the judicial report will have relevance for the judge’s decision making. The professional from the cabinet of psychologists Malaga Psicoabreu recommends that you look for a forensic psychologist if you find yourself or want to start a judicial process where there is any of the situations mentioned above or another where there is psychological damage.

Bibliographic references:

  • Adler, J. R. (ed.). (2004). Forensic Psychology: Concepts, debates and practice. Cullompton: Willan.

  • Blackburn, R. (1996). “What is forensic psychology?”, Legal and Criminological Psychology, February, vol 1 (part 1), pp 3-16.

  • Casullo, M. (1999) Applications of MMPI-2 in the clinical, forensic and labour fields. Buenos Aires: Paidós.

  • Garzon, (1986) cited by Novo, M. Arce, R., and Fariña, F. (2003). Introduction to legal psychology. In M. Novo and Arce, R. (Edis.) Judges: Formación de juicios y sentencias (pp.13-25) Granada: Grupo Editorial Universitario.

  • Marin M., Space A. (2009) Introduction to forensic psychology. July 08, 2018, from Universitat de Barcelona.