NCJ Number
204714
Journal
Criminal Behaviour and Mental Health Volume: 13 Issue: 3 Dated: 2003 Pages: 159-167
Date Published
2003
Length
9 pages
Annotation
An introductory overview of the history of forensic psychology in Great Britain is followed by an examination of the development of forensic psychological instruments and a description and assessment of a social psychological model for evaluating the credibility of witnesses and police detainees during interviewing and interrogation.
Abstract
The definition of "forensic psychology" used in this article is "a branch of applied psychology which is concerned with the collection, examination, and presentation of evidence for judicial purposes" (Gudjonsson and Haward, 1998, p. 1). A review of the history of forensic psychology in Great Britain notes that getting it accepted in the House of Lords was difficult. It involved 20 years of intensive research into psychological vulnerabilities, police interviewing, and disputed confessions, in addition to many rigorous cross-examinations in the courtroom. This article identifies the initial obstacles faced by clinical and forensic psychology in becoming accepted in the Court of Appeal and, more recently, in the House of Lords. It then describes a pioneering case study by John Gunn and the author (Gudjonsson) that established a precedent at the Central Criminal Court in London. It involved a victim/witness with a learning disability who alleged that she had been sexually assaulted by a group of young men and women. The psychological assessment focused on her learning disability and the likely reliability of her evidence. The assessment determined that although the victim/witness was generally very suggestible, she was able to provide reliable evidence about events in which she had been involved. This case provided a conceptual framework for assessing the reliability of witnesses' evidence through psychological evaluation. The Gudjonsson suggestibility Scales (Gudjonsson, 1987), composed of two separate but parallel forms (GSS1 and GSS 2) have conceptual roots in both the legal notions of reliability of testimony and psychological concepts of individual differences in susceptibility to suggestions. A brief review addressed 22 high-profile murder cases in which convictions based on confession evidence were quashed on appeal between 1989 and 2001, often based on psychological evidence. The review shows that psychological research and expert testimony in cases of disputed confessions have had a significant influence on the practice and rulings of the Court of Appeal for England and Wales and the British House of Lords. The cases presented make it clear that persons with learning disability or those who are mentally ill are still capable of providing reliable evidence and genuine confessions. Particular personality traits, such as suggestibility, compliance, high trait anxiety, and antisocial personality traits are the critical factors that must be tested in assessing the reliability of testimony and a confession. The author advises that future research should focus more on the role of personality factors in credibility. 29 references