Introduction to Forensic Psychology

Essentials for Law Enforcement

Stephanie Scott-Snyder

• Publisher: CRC Press
• Year: 2017
• eBook ISBN: 9781315298535
• Topic: Law
• Subtopic: Criminal Law
• Index: Law

Research indicates that there are psychological principles at play in the situations encountered by law enforcement personnel. The book fulfills an important need in the ever-evolving field of criminal justice, providing a working knowledge of forensic psychology and its application to interview strategies, homicide, emotional disturbance, sexual and domestic violence, hostage negotiations, and other situations. It will help law enforcement to understand, interpret, and anticipate behavior, while responding safely and effectively.

Part I

Background

1

Introduction

THE CHIRENO MURDER

On April 18, 2008, the residents of New Jersey witnessed one of the most horrific crimes in their state’s history—an ax murder. After buying both an ax and a knife at the local hardware store, 34-year-old Fernando Chireno drafted a letter to his mother and children. In it, he apologized for the fact that he was going to kill his estranged wife, Luisa Chireno. Later that night, he broke into the apartment where Luisa resided with the couple’s three young children (Petrick, 2010).

When police responded to the scene, they found a trail of blood leading from the victim’s home out into the street. After Chireno had struck her multiple times with the ax, Luisa desperately fled her apartment. With the children still cowering inside their mother’s home, Chireno chased his wife into the middle of the street where he repeatedly stabbed her. Luisa later died in surgery with more than 15 wounds (Petrick, 2010; Valdes, 2010).

Aside from the obvious (and obscure), which is that Chireno was armed with an ax, this case involves an amalgamation of both physical and psychological dynamics. On the surface, this was a violent and heinous crime. In fact, you’ve probably already begun to formulate opinions about the perpetrator and perhaps even the victim. However, when we dig deeper and examine the pertinent psychological principles, we can begin to better understand the offense and the experience of those involved. In addition, we can also identify important issues for law enforcement to consider.

By identifying the offender’s motivations and psychological makeup, police officers can begin to answer questions such as:

• What precipitated Chireno’s desire to murder his estranged wife?
• What triggered him to act on that desire at that particular time?
• How long had Chireno been planning Luisa’s murder? Did anyone else know or suspect that he had homicidal intent? Were there any warning signs?
• Why did Chireno choose to break into his wife’s apartment in the middle of the night? Whom did he expect to find there at that time?
• Was Chireno aware that his children would be in the apartment on the night of the attack? Did he knowingly force them to bear witness to their mother’s murder? If so, why had he written a letter of apology to them?
• Was Luisa the only person that Chireno intended to harm that night? Or had he planned to kill another family member or even an intervening police officer?
• Did Chireno perhaps intend to die at the scene?

Fernando Chireno’s actions created a multitude of questions for investigators. By understanding the point of view and the psychological composition of suspects, witnesses, and victims, police are better equipped to respond effectively and safely. That is where forensic psychology comes in.

OVERVIEW OF FORENSIC PSYCHOLOGY

For many years, the term forensic psychology was something that was most often heard in movies and on TV rather than in the day-to-day workings of our legal system. It was loosely associated with films such as The Silence of the Lambs and was viewed as an esoteric discipline, something incomprehensible—and almost mysterious. Within the past decade, forensic psychology has gained popularity and has become part of the vernacular. As a scientific discipline, it has made enormous strides to become an integral part of our legal process.

Stated very simply, forensic psychology is the application of psychological principles to any task faced by the justice system (Fulero & Wrightsman, 2009). This basic definition is purposely broad, as psychology can be used to assist in an array of situations encountered at various points in the civil and criminal justice system. The following is a list of scenarios commonly faced by law enforcement, in which a solid understanding of psychology is extremely useful:

• Investigating violent and/or serial crimes (profiling)
• Gang violence
• Interrogating suspects
• Interviewing witnesses
• Responding to and supporting crime victims
• Sexual and domestic violence
• Appropriate use of force
• Threat assessment (pertaining to stalking, school violence, mass shootings, terrorist acts, etc.)
• Hostage negotiation

This list is by no means exhaustive, but it paints an important picture: psychology and policing are inextricably linked. By developing an understanding of the principles that govern cognition and human behavior, you will improve your skills as a criminal justice professional.

PSYCHOLOGY TRAINING FOR LAW ENFORCEMENT

Right now, you may be wondering why such heavy emphasis is being placed on obtaining a solid background in psychology when law enforcement academies focus their curricula on activities such as firearms training, first aid/cardiopulmonary resuscitation (CPR), self-defense, tactical measures, criminal law, crime scene investigation, emergency vehicle operation, patrol procedures, and so on. Why do law enforcement officials and other justice professionals need to be well-versed in psychology? Why is procedural training simply not enough?

To answer these questions, let’s revisit our initial example about the attack on Luisa Chireno. Prior to the night of the murder, there was a documented history of domestic violence between the victim and her husband. A final restraining order (FRO) was in place, which Chireno violated by entering his wife’s apartment. In addition, Chireno suspected that Luisa had become sexually involved with another man shortly before the murder (Valdes, 2010).

These historical details reveal that the domestic homicide of Luisa Chireno was likely the tragic culmination of a significant pattern of marital violence. Such contextual clues are vital pieces of information for law enforcement. Clearly, the crime scene was a hostile and potentially volatile environment, where violence had escalated to an extreme over a period of time. In what appeared to be an emotionally-driven act, Chireno had violated an FRO, which was initially granted because a judge had agreed that Luisa had cause to fear for her own safety. These factors illustrate the relationship between homicide, DV, and behavioral profiling, which will be discussed in further detail in Chapters 5, 7, and 8 respectively.

Similarly, the presence of the Chireno children adds an additional psychological component to this investigation, as it is a clear indicator of the mental state of the perpetrator—Chireno was determined to carry out the murder regardless of whether his children were present or not. Additionally, the history of family violence to which the children were exposed, in combination with the fact that the killer was their father, creates a complex set of dynamics for officers tasked with interviewing these children. Avoiding further trauma to victims and witnesses while eliciting truthful information is crucial to an investigation. Both interview and interrogation strategies will be explained in Chapter 9, and how to successfully work with victims and minors will be addressed in detail in Chapters 10 and 11, respectively.

Let’s continue with the Chireno case. At the trial, Chireno’s attorney attempted to present an insanity defense. Although the defense was rejected by the court, evidence was presented that Chireno had a history of mental illness. Specifically, expert testimony indicated that he had been treated for schizophrenia and miscellaneous behavioral problems from an early age. At the time of the murder, Chireno reportedly believed that the voice of God was directing him to kill his wife (Valdes, 2010).

The presence of mental health difficulties in a suspect’s life highlights a critical consideration for law enforcement: how to safely apprehend someone who is experiencing symptoms of mental illness—and how this scenario might differ from arresting someone who is simply noncompliant. A suspect’s mental health is an important issue for police to recognize and understand as it impacts how he or she is most likely to respond to them. It also informs the tactics used by police when approaching/confronting a particular suspect. Interacting with psychologically disordered offenders will be discussed in Chapter 3. Furthermore, Chapters 4 and 12 will build upon this information to enhance readers’ understanding of psychopathy and the relationship between mental illness and threat assessment.

Forensic psychology is not an exact science. However, through empirical data we have developed a better understanding of human behavior and its relationship to the law. As you continue to read this book, you will gain foundational knowledge of forensic psychology from the unique perspective of its usefulness to the law enforcement community. When we seek to understand the psychological dynamics of any given situation, we are better equipped to protect and serve.

2

Overview of Forensic Psychology Concepts

WHAT IS FORENSIC PSYCHOLOGY?

What comes to mind when you hear the phrase forensic psychology? Perhaps you envision a brilliant psychologist providing insight about a serial killer’s behavior in order to profile a bizarre crime. Or maybe you think of Eddie Ray Routh pleading not guilty by reason of insanity (NGRI) to the murders of Chris Kyle and Chad Littlefield in the widely publicized American Sniper trial. In this case, forensic psychological experts provided hours of testimony regarding Routh’s state of mind on the day of the murders. Alternatively, you might think of any one of numerous cases of child sexual abuse that have made headlines, where psychologists have weighed in on the veracity of “recovered” memories.

In Chapter 1, the term forensic psychology was broadly defined as the application of psychological principles to a task faced by the legal system. Not only is this a rather loose definition, but it fails to acknowledge an ongoing controversy within the field as to how the definition of forensic psychology should be conceptualized. Additionally, experts debate who should qualify as a forensic psychologist and what constitutes appropriate forensic psychological training.

Professor Jack Brigham, the former president of the American Psychology–Law Society, addressed the divisive issue of who should be considered a forensic psychologist by both professional and training standards in his presidential address entitled “What is forensic psychology, anyway?” He discussed both the broad definition of forensic psychology as well as a narrower definition, which views the discipline as a subspecialty of clinical psychology. Defining forensic psychology from such a strict clinical viewpoint would limit its scope to include only clinical practice issues relevant to the legal system (Brigham, 1999). Some examples might include assessing insanity, evaluating competency, or providing court-mandated mental health treatment to offenders as these activities rely heavily upon a skillset in clinical or counseling psychology.

The narrow focus of the clinical definition would exclude the categorization of research-based endeavors, such as expert testimony on topics including memory, false confessions, and eyewitness identification, from falling within the purview of forensic psychology. It would also fail to recognize trial consultation as a legitimate forensic psychological activity.

Due to the justice system’s increasing reliance on both clinical and research-oriented activities, there is an ongoing debate in the field as to whether the narrow clinical definition of forensic psychology is too restrictive. Should psychological research pertaining to the legal system be considered forensic psychology?

One reason why it is imperative to operationalize the definition of forensic psychology is so that psychologists can communicate effectively with the legal system. Imagine being asked to testify about your research on eyewitness identification in a major murder trial. The trial hinges on one witness’s identification of the suspect, making your research particularly salient. Once on the stand, you are asked, “Are you a forensic psychologist?” How would you answer that question? Would you say, “It depends,” or “I don’t know?” This type of vague answer would likely frustrate a judge and confuse (or infuriate) a jury (Brigham, 1999).

Another reason that we need to consider the definition of forensic psychology is for training purposes. Kirk Heilbrun (as cited in Fulero & Wrightsman, 2009) developed a comprehensive training model that encompasses two approaches and three training areas. It includes both applied and academic activities in which psychologists participate within the justice system (Fulero & Wrightsman, 2009). A conceptualization of this model is outlined in Table 2.1.

Table 2.1 Heilbrun’s Conceptualization of Training in Forensic Psychology

ROLES OF FORENSIC PSYCHOLOGISTS

There are myriad ways for psychologists to obtain legitimate training that is applicable to the legal system, as various subspecialties of psychology intersect the forensic arena. For example, a neuropsychologist may be asked to examine a patient who has sustained frontal lobe damage resulting in a loss of impulse control. If the patient’s impulsivity has led him or her to commit subsequent criminal acts, the psychologist’s expert opinion will be used to inform the jury so that they may determine criminal culpability. In essence, the psychologist will be using psychological evidence to help the triers of fact (judge and/or jury) to determine whether there is a medical/psychological reason why this individual should not be held criminally responsible. Thus, in this example, neuropsychology overlaps the legal system and the psychologist is acting in a forensic capacity.

Other clinical roles often assumed by psychologists within the legal system include assessing a defendant’s sanity or competence, providing offense-specific therapy to offenders, counseling victims of domestic and sexual violence, evaluating potential police candidates, completing fitness for duty evaluati...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• Preface
• Author
• PART I Background
• PART II Crimes and Criminals
• PART III Forensic, Police, and Investigative Work
• References
• Index