Topic for Research Review
When I initially started looking for the perfect topic for my research review, I knew that I wanted something that I could tie my prior military experience into. I went into the American Psychological Association website and into the Topics section, I found the topic labeled “Law and Psychology.” Then after searching through different topics and into other “tags” within this topic, I initially decided that I would like my topic to be Forensic Psychology in Military Courts. When I took the capstone course the first time, there was research that was due to come out in June 2019 regarding this topic and I knew it would be a cornerstone of my research, but the research was released late, and I was left struggling trying to find research to support my topic. Now the research has come out and I will be able to write a better final project in the end.
Forensic Psychology in Military Courts
There are three topics that I think should be covered with this topic: Key differences in civilian and military legal parameters in conducting evaluations, procedures for effectively performing, consulting, and testifying about evaluation results at court-martials, and ethical concerns in the delivery of forensic services. I want to provide a comprehensive review of the many valuable roles that psychologists can play in courts-martial and how they can collaborate with military attorneys to make effective trial teams. Even though psychologists are becoming increasingly important in military trials, many are unfamiliar with the unique nature of this system. Likewise, lawyers often do not know how to effectively utilize psychologists’ expertise.
I will be using the following references for the bulk of my research:
Ethical challenges for psychology in the justice system. (n.d.). Retrieved from https://www.apadivisions.org/division-41/publications/newsletters/news/2016/02/legal
Military Justice Fact Sheet. (n.d.). Retrieved from https://www.hqmc.marines.mil/Portals/135/MJFACTSHTS.html
Ritchie, Elspeth. (2019). MILITARY FORENSIC MENTAL HEALTH.
Stein, C. T., & Younggren, J. N. (2019). Forensic psychology in military courts (1st ed.). Washington, DC: American Psychological Association.
Importance & Extent of Research Issue
• The issues addressed in research are important and viable because they can affect many people in good and bad ways. The problem is to adjust the roles of psychologists in military courts in such a way that there is a proper organogram which shows what are the roles of psychologist s and what are the roles of other military personnel when conducting court martials criminal trials and what are the ethics which have to be followed while conducting trials (Bush , Connel & Denny, 2006).
The issues also arise when the psychologists must work in civil and military courts simultaneously. This is because both courts have different procedures and codes of conduct. Same practices can ‘ t be applied on both places. There must be some recommendations for both paradigms. Similarly, the roles of forensic psychologist s differ while practicing generally as care provider and, while practicing as forensic psychologist (Richoi 2019).
Web: Web address
FORENSIC PSYCHOLOGY IN MILITARY COURTS
City, ST ZIP Code
FORENSIC PSYCHOLOGY IN MILITARY COURTS
“Protecting those who serve.”
What is forensic psychology?
Forensic Psychology is defined as the branch of psychology which deals with the use of psychological practices in paradigm of law i.e. courts and trials (“What is forensic psychology?” 2019) Research Topics
Following areas/topics of research are specified:
• Key differences in civilian and military legal parameters in conducting evaluations.
• Procedures for effectively performing, consulting and testifying about evaluation results at court-martials.
• Ethical concerns in the delivery of forensic services.
“The application of psychological theories and expertise in the court, law and justice system is of great importance.” (Stein & Younggren, 2019)
The methodology adopted for the research is review of different practices adopted by psychologists in military courts and their effectiveness. Different literature and cases will be reviewed to gather the preliminary knowledge and information of the practices and roles played by psychologists in military courts and then using that input, recommendations will be made for future.
• Psychologists have an important role in military courts but most of them don’t have prior experience and expertise related to military procedures.
• The procedures adopted in military courts are different as compared to civil courts.
• Lawyers in military courts don ‘ t know how to utilize the services of psychologists in military courts.
• The personnel in military courts also don ‘ t have expertise to utilize the expertise of psychologists.
• There needs to be proper ethical recommendations which can be adopted by psychologists to practice in military courts.
• Their participation has to be promoted in military courts to make the military court and trial system more efficient and just.
Bush, S.S., Connell, M.A., & Denney, R. L. (2006). Ethical practice in forensic psychology: A systematic model for decision making. Washington, DC: American Psychological Association.
Ritchie Elspeth. (2019). MILITARY FORENSIC MENTAL HEALTH.
Stein C. T. & Younggren, J. N. (2019). Forensic psychology in military courts. Washington, DC: American Psychological Association.
What is forensic psychology? (2019). Retrieved from https://www.apa.org/ed/precollege/psn/2013 /09/forensic-psychology
Forensic Psychology in Military Courts
The term “Forensic Psychology” comes from the combination of the different issues that relate to law and psychology as well as the psychological studies. Proper application of legal concepts requires proper understanding of psychology. It is, therefore, critical to apply psychological theories and expertise in courts, law and criminal justice system. Forensic psychology is a critical study area that is sensitive since decisions, procedure, and trials as well as similar forthcomings can significantly affect an individual’s life completely. Forensic psychology is a branch of psychology that deals with the use of psychological practices in paradigm of law, which include courts and trials.
This paper aims to explore the various roles that psychologists can play in courts martials as well as how they can collaborate or partner with military attorneys to establish effective trial teams. Although psychologists are increasingly becoming significant in military trials, many of them are not familiar with the unique nature of the military trial system. Also, many lawyers do not understand how to utilize the expertise of psychologists effectively. The paper, therefore, gives specific attention to the investigation of the primary differences in the civilian and military legal parameters in conducting evaluations. It also focuses on the procedures for effectively performing, consulting and testifying about evaluation results at courts martials as well as the ethical concerns in the delivery of forensic services (Coyne, 2019).
Roles That Psychologists Can Play in Courts Martials
Psychologists can play various roles in courts martials. They can impact law in various ways. For instance, forensic psychologists can analyze and evaluate the non-behavioral behavior of military suspects to determine whether they are lying or not. Application of forensic psychology in courts martial can, therefore, help increase accuracy in military trials. It also enables lawyers to provide more reasons for their arguments and judgments. Psychologists can also play the role of evaluating the success of various military legal reforms and interventions. They can assess the effectiveness of the martial courts and help make the necessary reforms as seen fit (Reisberg & Davis, 2019).
Furthermore, psychologists can act as advocates in the courts martial. They can also serve as trial consultants in military cases and work for one side in the cases (Stein & Younggren, 2019). Psychologists can survey the suspects to determine whether they should get a fair trial in their particular circumstances or situations. As trial consultants, forensic psychologists can prepare witnesses, help lawyers prepare for trials, and also run simulated trials. They also play a vital role in providing solutions in cases that face significant ethical dilemma (Davis & Reisberg, 2019).
Primary Differences in The Civilian and Military Legal Parameters in Conducting Evaluations
Military and civilian legal parameters have various notable differences. For instance, civilians have rights. A civilian must be given the right to have a lawyer and the law enforcement officers cannot take him or her into custody without probable cause. Also, when arraigned, civilians can probably post bail and he is held innocent until otherwise proven guilty. The civil court can only punish him or her for the crimes convicted of. Civilians also have the right to appeal. Arrest of a civilian requires the issuance of an arrest warrant by the court (Reisberg & Davis, 2019).
On the other hand, military forces or soldiers are held guilty until proven innocent. If they are seen doing something wrong by their majors or supervisors, the soldiers are instantly considered guilty. Officers are also charged with disrespect if the major says they have been lying. Upon arrest, soldiers do not have a right to silence or to an attorney that the military does not provide. Arresting a soldier requires no warrant, and search warrants are not required to search a soldier’s home, his car or even himself. A soldier can, therefore, be searched anytime by the CID or the armed forces as they see fit. The soldier faces additional charges in case he does not cooperate.
Also, soldiers can be tried by one officer, three officers, a judge advocate or a panel. He faces no jury of peers, but instead a panel of senior enlisted officers. Upon finding a soldier guilty, the appeal consists of an officer reading the trial and searching for discrepancies. Even if a soldier is found not guilty, the court can charge him with conduct unbecoming (Stein & Younggren, 2019).
Procedures for Effectively Performing, Consulting and Testifying About Evaluation Results at Courts Martials
The military justice system derives its authority from three primary sources which include The Uniform Code of Military Justice (UCMJ), The Manual for Courts Martial (MCM) and Army Regulation (AR) 27-10. As a federal law, the UCMJ forms the basis of the military justice system. It plays a role in determining what conduct is criminal, the establishment of the various court types, as well as the setting f procedures to follow in administering military justice (Fulton, 2019). The MCM, on the other hand, is an executive order which details the rules and regulations that govern the administration of military justice. For instance, it establishes rules of evidence for courts martial and has a list of maximum punishment that courts can impose for every offense. The AR 27-10 serves as a supplement to the MCM, and it forms the basis for the administration of military justice (Coyne, 2019).
The goal of court martial system is justice. In the American justice system, all courts martial are adversary proceedings, meaning that lawyers who represent the government as well as the accused present the facts, arguments and legal aspects that most favor each side. In doing such, they must adhere to all procedural rules and evidence. Based on the presentations, the judge decides questions of law which the members of the court martial apply to decide questions of fact. A soldier’s guilt or innocence can only be established or determined by a court martial (Fulton, 2019).
Ethical Concerns in the Delivery of Forensic Services
Forensic scientists and psychologists assist law enforcement officers, judges, lawyers and juries in the delivery of justice through provision of results as well as conclusion. The, therefore, work in forensic science laboratories with law enforcement or other governmental agencies. However, forensic scientists face various ethical dilemmas and challenges in the course pf their routine duties. For instance, many face challenges in upholding integrity. They often strive for accuracy truthfulness and honesty in the practice of forensic psychology. Many times, they resist partisan pressures to offer services in a manner that may be inaccurate or misleading. Another ethical concern involves the misrepresentation of credentials before a law court. These include educational degree attainment professional certifications or licenses, as well as employment history (Coyne, 2019).
Proper understanding of psychology is vital for the proper application of legal concepts. Therefore, it is critical to apply psychological theories and expertise in courts, law and criminal justice system. Forensic psychology is an essential and sensitive area of study. Decisions, procedures, trials and other similar forthcomings can significantly affect an individual’s life completely. Forensic psychology is a branch of psychology that entails the use of psychological practices in paradigm of law, including courts and trials. As discussed above, psychologists can play in courts martials. They can also collaborate or partner with military attorneys to establish effective trial teams in the military justice systems.
Coyne, K. (2019). The forensic psychologist in the military justice system: Background, structure, and process. Forensic psychology in military courts, 13-38. doi:10.1037/0000141-002
Davis, D., & Reisberg, D. (2019). The psychologist as trial consultant. Forensic psychology in military courts, 125-141. doi:10.1037/0000141-008
Fulton, M. N. (2019). Military trials: Procedures, parties, and terminology. Forensic psychology in military courts, 39-54. doi:10.1037/0000141-003
Reisberg, D., & Davis, D. (2019). The psychologist as courtroom educator. Forensic psychology in military courts, 143-174. doi:10.1037/0000141-009
Stein, C. T., & Younggren, J. N. (2019). Introduction: Why forensic psychology in military courts? Forensic psychology in military courts, 3-9. doi:10.1037/0000141-001
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