Forensic psychology and psychopathology

Forensic (Legal) Psychology and Psychopathology

Forensic, or sometimes called legal psychology, represents a range of psychological subdisciplines within applied psychology that operate within the legal or judicial system. Forensic psychologists may deal not only with issues related to criminal psychology—which is actually a subdiscipline of forensic psychology—but also with other matters within civil court proceedings. Ultimately, forensic psychologists may also be involved in the treatment of institutionalized individuals who have been legally convicted of criminal offenses.

Forensic psychology is present in various areas of social life. In some countries, forensic psychologists are also engaged in criminal profiling, aiming to identify suspects of criminal offenses by using information collected from crime scenes. In our judicial system, court psychologists (most commonly referred to as “court experts”) are involved in investigative activities, profiling the personalities of suspects or potential victims of committed crimes. The profiling of suspects’ personalities is primarily conducted during investigative proceedings, usually carried out by prosecutors. Occasionally, personality profiling of suspects or victims is requested by courts that have confirmed indictments against identified suspects, in which case it is typically about confirming or refuting the findings of court experts from the investigative phase, or assessing the defendant’s capacity to participate in legal proceedings.

Criminal motivation and the judicial system are complex, which is why forensic psychologists address a variety of issues—from the arrest of suspects to the analysis of crime scenes, victims of criminal acts, or the competence of witnesses to testify during court proceedings, particularly if they have been listed as witnesses by judicial authorities. Forensic or legal psychologists can be of great assistance in the investigative process itself by helping to more easily identify suspects and potential victims, that is, by aiding investigative bodies in solving cases more efficiently.

Not all legal proceedings must be initiated before judicial authorities (prosecutors and courts); certain social issues—most commonly family-related—can be addressed through social welfare institutions. Social work centers are responsible for divorce proceedings, custody decisions, and the protection of children’s rights and those of vulnerable population groups. In these contexts, forensic psychologists can make a significant contribution to identifying specific problems and supporting their treatment by the broader community.

One of the more important roles of forensic psychologists could be in what is known as forensic-psychological therapy or counseling, where they are called upon to determine whether a person is suffering from certain psychological disorders. In such cases, forensic psychologists are engaged as court experts and testify before the court as “expert witnesses.” They may appear as witnesses either on behalf of the prosecution or in support of the defense of the suspect or accused. After a verdict has been rendered, forensic psychologists are involved in the assessment and rehabilitation of criminal offenders, determining the most effective forms of treatment, and often actively participating in the treatment process.

Psychopathology is a general term that refers to the explanation of mental disorders or psychological impairments within professional practice and scientific research. Psychopathology represents the scientific foundation for understanding mental disorders, aiming to explain how mental illnesses or disorders affect human thought and behavior. Forensic psychopathology combines psychopathology with the legal system and legal matters, helping to apply psychopathological theories and practices within legal proceedings.

Forensic psychology, on the other hand, is a specialized field within the legal domain, focusing on the practice of clinical psychology in the context of forensic or judicial matters (e.g., divorce proceedings, custody decisions, assessment of competence to stand trial, evaluation of psychological capacity for entering into legal agreements, etc.). Therefore, forensic psychology does not necessarily involve dealing with mental disorders, but it does involve detecting such disorders within the assessment of personality and capacities of individuals involved in the civil legal system, who are not necessarily connected to criminal psychology or forensic psychopathology.

Forensic psychology deals with the psychological assessment of individuals who are in any way involved in the legal system (assessment of victims of criminal offenses, defendants or suspects, witnesses in proceedings, children and parents in divorce cases, adults in the context of their ability to follow court proceedings, etc.). Forensic psychologists—especially court-appointed experts—are specifically trained (or should be trained) in the following areas:

• Child abuse and custody cases, including assessment of parental competence;
• Criminal responsibility (in collaboration with psychiatric experts) and competence to stand trial;
• Risk assessment in potential threats to the school environment;
• Assessment of victims of criminal acts;
• Psychological evaluations of parties involved in legal proceedings;
• Assessment and treatment of juvenile and young adult offenders;
• Psychological counseling services;
• Development of psychodiagnostic and treatment plans.

Forensic psychologists, or court-appointed experts, must be thoroughly familiar with the legal system, procedures, and laws from specific areas (Criminal Procedure Code, Criminal Code, Law on the Execution of Criminal Sanctions, Civil Procedure Code, Law on the Protection and Treatment of Children and Juveniles in Criminal Proceedings, Family Law, Law on Protection from Domestic Violence, etc.). They are authorized to conduct clinical assessments, carry out clinical-forensic interviews, and write findings and opinions—i.e., reports on completed clinical-forensic psychological assessments and scientific-professional research, which are typically documented in a forensic psychological report.

Forensic psychopathology focuses on accurate psychodiagnostics of mental illnesses for the purpose of assessment, diagnosis, and identification of the most suitable treatment plan for the individual being evaluated. The findings of such assessments must be presented in court, interpreting the results obtained during the forensic-clinical evaluation. The expert may analyze psychopathological indicators that affect reasoning and judgment at the time of committing a criminal offense (tempore criminis). Such data can serve as the basis for conclusions regarding whether the suspect is criminally responsible and can be declared guilty, or whether the mental disorder represents a clinically significant factor in the court’s decision-making (e.g., whether psychiatric-psychological treatment measures should be imposed).

In understanding psychopathological phenomena and processes, the most important factor is an individual’s ability to make decisions based on insight, followed by their capacity for reasoning, judgment, and moral value system. Neurological disorders, mental illnesses, physiological conditions, and medical conditions resulting from specific diagnoses—including the abuse of alcohol and psychoactive substances—can impair a person’s ability to control their actions. Such conditions may cause serious changes and difficulties in psychological functioning, potentially leading to intense emotional discharges such as rage, which can escalate into explosive reactions, sometimes resulting in fatal consequences.

The assessment of criminal responsibility is extremely important in court proceedings. Court experts—forensic psychologists and psychopathologists, together with forensic psychiatrists—assist in providing findings and expert opinions, that is, answers to the question of the degree of criminal responsibility of the suspect or the accused. Our legal system recognizes this through the concept of “criminal responsibility”, which is defined, in brief, as the perpetrator’s inability at the time of the crime (tempore criminis) to control their actions due to the presence of psychopathological indicators that could exempt them from criminal liability.

However, exemption from criminal responsibility due to insanity does not mean that the offender is released, as was sometimes the case in the past due to the absence of forensic institutions capable of accommodating such offenders (in Bosnia and Herzegovina, this was perhaps the only case in Europe where such forensic offenders had no facility for placement and were consequently released). A person declared insane should be placed in a forensic psychiatric institution for treatment, and for this reason, the final decision on the question of criminal responsibility must be made by a court-appointed expert in (neuro)psychiatry. Psychological experts can assist by testing and evaluating the offender during the forensic examination or observation, and by offering a conclusion and opinion on the individual’s ability to control their actions tempore criminis. However, psychiatric experts must provide legal confirmation of such findings.

Our legal system also recognizes degrees of criminal responsibility, such as the so-called “substantially diminished responsibility,” meaning that the offender was significantly less capable of controlling their actions due to psychopathological indicators (in Anglo-Saxon law to my opinion, this is considered as “guilty, but mentally ill”). In these cases, the offender is usually considered criminally responsible and is sentenced to imprisonment, but the sentence is accompanied by mandatory treatment for a mental illness (i.e., mandatory psychiatric care), or for alcoholism or drug addiction if these conditions contributed to the commission of the criminal offense—meaning if a direct link can be established between the offense and the mental state of the perpetrator tempore criminis.

Reaching a final psychodiagnosis in various psychopathological conditions can be a very difficult and demanding process, especially when an individual does not meet all the criteria for a mental disorder diagnosis according to existing classifications of mental illnesses. The observed psychopathological characteristics may influence provisional or differential psychodiagnosis, but a final diagnosis of a psychopathological condition cannot be established unless all criteria outlined in the current classifications of mental disorders are met, or if symptoms are inconsistent or last for a shorter period than suggested in the classifications.

Forensic psychopathology specifically relates to the commission of criminal acts and the personalities of offenders and, potentially, the victims of crimes. Relevant factors may include age, competencies, illness, mental disorders and mental illnesses, as well as other factors considered during the assessment of offenders and their victims. This subdiscipline of forensic psychology is concerned with understanding and scientifically investigating mental disorders and their impact on the behavioral and cognitive abilities of individuals involved in legal proceedings—usually in criminal trials (as witnesses, victims/injured parties, suspects/defendants). However, it is not limited to criminal cases and extends to civil litigation and potentially to administrative and other judicial proceedings as well.