Psychological Expertise in Legal Cases

Expert: A specialist who works with the judge in the investigation of fact. Legally authorized to give their opinion.

Demand for Expertise

The demand for expertise occurs when the act of the subject of the cause cannot be fully signified from the registration of legal discourse, where their conduct raises questions or presents gaps in signification that cannot be answered from the law alone. It is in this space, where the gap appears, that the expert psychologist is needed to speak more about subjectivity and individuality.

Points of Expertise

Expertise carves out a space not included in the process of developing legal truth. The demand for expertise produces a space of psychological interrogation.

• Psychological Subjectivity: To say psychic subjectivity.
• Legal Subject: To say self-conscious person responsible for their acts.

Expert Report

The expert report is the closure of an operational process of knowledge on the area defined by the points of expertise. Requirements for the report include legal existence, validity, and effectiveness as evidence.

Conduciveness

This refers to how the expert addresses the proper objective with regard to the elements, leading in relation to the elements of conviction that the judge will consider. It is where it is necessary for the expert to establish some aspect of the subjectivity of the subject of the process.

Subject

The subject is the support-object of the expert opinion. In the act of law, the subject is accountable for their actions.

Fundamentals of the Opinion and Conclusion

Given the expert's personal conception, the opinion is evidence with probative value. The conclusions should have firm and logical foundations (a formal requirement).

Reading the Report

The report is subject to critical reading by the judge, judged by personal knowledge, logical analysis, subjective dimension, and meaning.

Subject-Law

Subject and law are articulated concerning a single space: legality.

Legal Ordering

Laws and rules produce legal order. Legal ordering regulates society, determines positions and places, and preserves basic assumptions.

Social Ordering

Maintenance of common hierarchies and the system's well-being.

Types of Psychological Interviews

Clinical Interview

Aims to obtain a historical perspective of the patient, for therapeutic, diagnostic, and treatment purposes. Includes a functional-structural psychiatric anamnesis. Areas assessed include:

• General aspects
• Attitude during testing
• Attention
• Sensory perception
• Thinking
• Language
• Orientation
• Composure
• Memory
• Volume (of speech/affect)
• Affect
• Judgment
• Insight

Psychodynamic/Psychoanalytic guidelines include: no family members present, addressing distrust, money, time, and using free association with floating attention.

Educational Interview

Used to know and evaluate the qualities, knowledge, and interests of applicants. Involves transference and countertransference. Areas assessed include:

• Level of instruction
• Labor and historical experience
• Family situation
• Availability
• Appearance
• Physical state
• Social control
• Financial situation
• Interests
• Motivations
• Abilities
• Shortcomings in training

Forensic Interview

Conducted with the judicial subject. The psychologist is an authority cited by counsel, an auxiliary of justice.

Types of Forensic Experts:

• Official Expert: Part of the organic body of the judicial power administration, receives the order from the judge.
• Expert of Office: Related to a contractual listing.
• Party Expert: Called by one party, provides a technical report.
• Consultant: Provides advice, is external.

Attitudes Encountered:

Concealment, evidential presentation.