He Psychological expert report Is used in Legal Psychology, specifically in the forensic branch, to advise the judges in the different areas of law.
The work of the psychologist, whatever his field of action, is not only summarized to the evaluation and / or intervention. Within the psychological process there is a phase for which we do not usually prepare so conscientiously: the time of writing the report.
Although it seems an easy and irrelevant task, its correct elaboration is very important, since, among other things, reflects part of your value as a professional. And in the end what happens is that we are all looking at the internet how to structure it and what we should put.
Within Psychology the psychological report can take different functions depending on the field in which you work.
For example, in Clinical Psychology, Evolutionary Or Social, the report is used to summarize the results obtained during psychological evaluation and intervention. That is, the objective of working in these areas is not the report itself, but the intervention based on the information obtained in the evaluation.
However, in the field of Forensic Psychology, evaluation and diagnosis serve to analyze the legal repercussions of mental disorders, with the final objective of the expert report.
The performance of a psychological expert report goes beyond the mere writing of a brief, since it has a prior and subsequent process that is important to carry out adequately.
This whole procedure is known as psychological expertise, which culminates with the oral presentation of the expert report in the trial.
Below you can find seven keys that will help you to make your expert report properly and without errors:
What is an expert report?
In accordance with the laws of Civil and Criminal Procedure, a judge may request the assistance of a psychological expert to better understand the nature of a deed or a person.
When it comes to making an expertise, it is important that the psychologist opts for objectivity in order to adopt a neutral position in the case before him.
Therefore, you should not prepare your report based on the interests and needs of those who have requested it, either privately or judicially.
After all, the expert report is an independent test and if it is done properly, it does not matter which party has asked for it because the same conclusions will come from whoever comes.
However, it is very common that this does not happen as well and that in the same case differences are found in the results obtained by different psychologists, depending on who has requested the test.
This is often the case when the expert determines a priori what will conclude in the report, before even completing the evaluation process.
Therefore, when you are going to accept a psychological survey, you must make it clear from the outset that the process will be based on a blank sheet and there is no guarantee that the report will favor the demands of the person requesting it.
Who can prepare a psychological expert report?
Although psychologists have a fairly broad background and can develop in many areas of psychology, it is true that in some cases more specific training is convenient.
This is what happens with expert processes, for which it is advisable to have knowledge in legal psychology and forensic , And thus carry out the evaluation and the subsequent expert report in an appropriate way.
This is important not only for a good praxis, but also for the responsibility that the professional has at civil, penal and deontological level.
In fact, it is not uncommon for professionals in clinical psychology to venture to undertake psychological examinations, some with more training than others on these subjects.
Thus, these professionals must, among other things, be able to differentiate very well between a clinical evaluation and an expert evaluation, because although the tests used are practically the same, they differ in many other things.
| Forensic evaluation | Clinical evaluation | |
| objective | Helps decision making. | Diagnosis and treatment. |
| Evaluator-subject relationship | Skeptical but with establishment of a Rapport suitable. | It helps in the context of an empathic relationship. |
| Professional secret | Do not | Yes |
| Destination of assessment | Variable (judge, lawyer, insurance...) | The patient himself. |
| Standards and Requirements | Psycho-Legal. | Medical-psychological. |
| Information sources | Interview. Test. Observation. Medical and psychological reports. Family. Court records. | The same (except judicial records) and the medical history. |
| Attitude of the subject to the evaluation | Risk of simulation or Concealment or deception (involuntary claim) | In general, sincerity (demand Voluntary) |
| Scope of the evaluation | Mental state in relation to the object Expert. | Global |
| Type of report | Highly documented, reasoned Technically and with conclusions that answer the judicial demand. Legal document. | Brief and with conclusions. Clinical document. |
| Intervention in the courtroom | Expectable. As an expert | Not expected. As an expert witness |
Echeburúa Et al. Forensic psychological evaluation versus clinical evaluation.
When is it advisable to carry out an expert report?
Certainly the scope of application of forensic psychology and, therefore, of the expert reports is quite broad, being required of more frequent form for:
- Evaluation of psychological sequelae due to some traumatic event.
- Dictaminate the aptitude for the guard and custody of disabled persons.
- Assessing criminal responsibility based on a possible mental disorder and / or intellectual disability.
- Evaluation of child sexual abuse and abuse.
- Evaluation of victims of domestic abuse and gender violence.
- Separation or divorce procedures in relation to guardianship and custody of minors and the establishment of the visitation regime.
- Assessment of suitability in family fostering and adoption processes.
Steps for the preparation of a good psychological expert report
1- Case Information
First of all, the expert must gather as much information as possible about the case in which he is going to work.
Although most of the data will be obtained in the evaluation of the subject, it is important the information provided by relatives, previous clinical reports, the other party involved, etc.
2- Planning the expertise
Start with the first interview of the person you are going to evaluate. This interview is essential to analyze the version of the story that has this person, their socio-cultural level and understanding, their degree of collaboration...
With this information you will be able to select the most appropriate way to approach the evaluation and psychological tests most appropriate for that case. It is also a good time to establish your hypotheses, which should not be limited to what the applicant for the expert's request.
3- Application of relevant tests
The tests must be applied in a suitable personal environmental context, which ensures the quality of the data obtained. So, you have to keep in mind:
- The scientific guarantees of the tests and that are adapted to the level and characteristics of the person to evaluate.
- Let them be tests that you know apply correctly.
- The time of application of each test. There are some that are very long and you and the user can get tired too.
- Temporary planning based on the date of delivery of the report. It may be the case that when you analyze the results you decide to pass some other test and you do not have time anymore.
- The physical location and the situation in which you carry out the evaluation should be adequate and comfortable.
- The person to be evaluated must be in good condition at the time of the evaluation. For example, some are very stressed by what this may imply, etc.
4- Control of the simulation
Something that differentiates evaluation in the forensic field from the one performed in other areas is the collaborative attitude of evaluated.
In an expert's opinion, the person evaluated may be motivated to lie or to pretend, since everything that finally appears in the expert report may benefit or prejudice him in the face of the trial.
In case you see signs that the person may be simulating, you can apply some measure to detect this possible simulation.
Some tests have a scale of sincerity for these cases, you can also make an analysis of the veracity of the statement, apply parallel tests...
5- Analyze the results
When analyzing the results of the different tests you have to keep in mind that they are consistent with each other and, in turn, also with the additional information that you have. For example, it makes little sense for a person with a good academic record to have a low intellectual level.
At this point you should also check whether the hypotheses raised at the beginning are met or not.
6- Writing the written report
This is the moment in which you have to detail all the work done previously, along with the conclusions you reach.
The wording of the report should be clear and well organized. Remember that the recipient of the letter is not another mental health professional, but a judge, the court and / or the jury, so you should make it understandable for them.
All expert reports that are accurate must include the following information:
- Report Title and Identification Data : Both the expert and the person evaluated. Also included is information that requests the report.
- Object : Is the objective for which the expert intervention is requested. It specifies what requested by the judge or by the client.
- Description of the case : This section includes the background and current status of the person related to the case.
- List of evaluated areas : Each of the evaluated areas should be clearly and organized, following a consistent classification (intelligence, personality, etc.)
- Used instruments : Detail each of the instruments used indicating their scientific guarantee (reliability, validity, etc.), especially of those less known.
- Phases and procedure : Place, date and duration of the evaluation sessions, specifying what was done in each phase.
- Detailed description of the results : This is the broadest part because the results must be described in detail according to the areas evaluated and the instruments used.
- Conclusions of the evaluation : The results are summarized according to the diagnoses or judgments reached by the expert.
- General conclusion / discussion / forensic conclusion : Explains the relationship between the results obtained in the evaluation and the facts.
But it is important to limit the conclusions to the areas evaluated. For example, if you have only evaluated intelligence and not personality, you can not conclude that no personality disorder has been found.
Many experts place this section at the beginning of the report, just after the areas evaluated, to facilitate the work of other professionals. But this is optional.
- Attachments : It is advisable to provide the protocols of the tests where the respondent's responses appear. This brings more credibility to the report and also allows the comparison between different expert reports.
7- Oral presentation of the expertise
Many new professionals who begin to perform psychological examinations forget this step, or are not taken seriously and think that reading the findings will suffice.
However, this phase is as important or more than the previous one because it is the moment in which you must defend what is written in your report, but also those aspects that have not been evaluated and even the results obtained by other experts.
You can follow some tips to improve your oral presentation, for example, maintain a neutral attitude and speak clearly and with an appropriate tone of voice to be heard in the room. And just like in the written report, be sure to match the terminology you use to the audience level.
Also, limit yourself to the conclusions you have obtained in your expert opinion. If you are asked about other aspects that you have not evaluated, you can give your opinion but stress that it is just that, and that you have no data of your own.
Difficulties of the expert process
The work of the expert psychologist is not an easy task, it is something for which you have to have a lot of training and be clear about the purpose of your work.
One of the most frequent problems is the poor collaboration of the people you are going to evaluate. Although there are occasions in which they do appear to be participative, especially if they are the ones that have requested the expert opinion.
You can also find cases in which the users to evaluate try to manipulate the tests or pretend some disorder in order to try to get the result they want in the assessment.
Another aspect that can cause you difficulty is staying neutral and objective in certain issues.
The scope of work of forensic psychology is quite delicate: custodies of minors, imputability in criminal proceedings, gender violence, sexual abuse of minors, etc.
These are controversial issues that at some point may affect you more than the account. And in those cases, if you see that you will not be able to act in a completely professional way, the best thing to do is to drift.
Bibliographic references
- Ackerman, M. (2006). Forensic report writing. Journal of Clinical Psychology, 62, 59-72.
- Committee on Ethical Guidelines for Forensic Psychologists (1991). Specialty
- Guidelines for forensic psychologists. Law and Human Behavior, 15, 655-665.
- Golding, S.L. (1992), Increasing reliability, validity and relevance of psychological expert evidence, Law and Human behavior , 16, 253-256.
- Greenfield, D. & Gottschalk, J. (2009). Writing forensic reports: A guide for mental
- Health professionals. New York: Springer.
- Grisso, T. (2010), Guidance for improving forensic reports: A review of common errors, Open Acces Journal of Forensic Psychology . Http://www.forensicpsychologyunbound.ws/ - 2010.2: 102-115
- King, M. (1984), Understanding the legal system: A job for a psychology?, in D.J. Müller, D. E. Blackman and A.J. Chapman (eds.), Psychology and Law, Chichester: John Wiley and Sons, p. 67.
- Nicholson, R. & Norwood, S. (2000). The quality of forensic psychological assessments, reports, and testimony: Acknowledging the gap between promise and practice. Law and human Behavior, 24, 9-44.
- Sierra, J.C. Jiménez, E. Mª. Buela-Casal, G. (2006), The intervention of the expert in the judicial process: The expert report, Forensic Psychology: Manual of techniques and applications , 105-115.
- Sierra, J.C. Jiménez, E. Mª. Buela-Casal, G. (2006), Method and procedure of the psychological forensic evaluation for a psychological forensic examination in the criminal process,, Forensic Psychology: Manual of techniques and applications , 131-139.
- Sierra, J.C. Jiménez, E. Mª. Buela-Casal, G. (2006), Psychological report, Forensic Psychology: Manual of techniques and applications , 148-152.
- Weiner, I.B. And Hess, A.K. (1987), Handbook of Forensic Psychology, New York, Giley and Sous Inc.