Running Head: FINAL PROJECT 1

Femi Folorunsho

Final Project: Case Study

Psychology in the Courts

Re: Mr. Bumble's Case

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Abstract

In this final project, the case study of Mr. Bumble has been

examined. Likewise, different aspects of forensic psychology

related to the case study such as the processes of evaluating

defendants’ testimony in various cases and the core issues

that impacted the overall study have been examined.

Furthermore, the diversity issues that were present in the

case have been extrinsically observed. Moreover, the ethical

and legal consideration that were present in the case have

been examined along with the intrinsic information that

involved the overall core points of the case study.

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Final Project: Case Study

Evaluations

The evaluations that were used in the provided case study

were done to check the reasoning abilities and thinking of Mr.

Bumble. Thus, the Index scores and IQ were derived from 14

different tests that were administered from the Wechsler Adult

Intelligence Scale—Third Edition (WAIS—III). Moreover, with the help

of Digit Span and Information Subtests and Letter-Number

Sequencing subtest the evaluation was carried out. These

subtests were used so that the weaknesses and strengths of Mr.

Bumble could be identified. Subsequently, it was evaluated

that Mr. Bumble was very low in having strong verbal skills.

Furthermore, the Verbal Comprehension Index (VCI) was

carried out so that the verbal reasoning and verbally acquired

knowledge of Mr. Bumble can be evaluated. In other words, it

can be said that the ability of Mr. Bumble to respond to the

material that is presented to him verbally, and also to

comprehend that material can be evaluated. Moreover, visual-

motor integration, nonverbal reasoning and spatial processing

skills of Mr. Bumble were evaluated through the subtests that

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were carried out. It was evaluated that his verbal

understanding and ability to respond was not that low as

compared to the previous results.

In addition, there were other assessments that were taken

to check the nonverbal reasoning of Mr. Bumble. The tests

include Block Design subtest and Object Assembly subtest. It

was evaluated that Mr. Bumble’s results obtained from Block

Design subtest results were high as compared to the results

that were obtained from the Object Assembly subtest.

Subsequently, with the help of the Perceptual Organization

Index (POI) and the Working Memory Index (WMI), there were

results that were obtained to check the ability of the client

to be attentive and ability to process the memory by keeping

information aligned in the mind.

Also, the Processing Speed Index (PSI) was applied that

resulted in identifying the ability of Mr. Bumble to process

visual information and then rapidly performing task that would

be based on the very information. Thus, it was evaluated that

Mr. Bumble has more strong verbal comprehension skills

comparatively to all the other abilities such as visual

information process, nonverbal reasoning abilities sand memory

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abilities. In order to do these evaluations, it would be

better to consult a senior professional of forensic psychology

because a senior professional in the field of forensic

psychology would help in evaluating the results with more

significance as compare to a fresh professional.

Testimony

In the contemporary legal system, there have been many

advancements that have led to many changes in the procedures

and processes that are related to the court and law. Moreover,

in various criminal and civil cases, there are many points

where the testimony of psychologists or psychiatrists are

required. Further, such testimony impacts the decision of the

jury or judges in any case. Intrinsically, it is required by

the psychologists to provide evidence (Adebisi, 2009) in many

cases for the competency of defendant to stand trial.

In order to prepare for testifying, the first and most

significant thing that should be done is the verifying the

information and going through all the reports and documents

that have been submitted in the particular case (Babitsky &

Mangraviti, 2000). Moreover, another most important point that

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can be considered important is the way of delivering the

speech. It is very important for a psychologists to be known

to the words that would be delivered whilst testifying in

front of the jury in the court. Furthermore, the most

important thing that can be considered whilst preparing for

the testimony is the dressing (Babitsky & Mangraviti, 2000).

As it is also considered one of the important court

etiquette to be followed when presenting the testimony in the

court. Furthermore, it is highly required that the

psychologists who may be testifying in a case should be well

known with the fact that while testifying in a court the eye

contact should be done with complete focus (Dalby, 2007). As

it is a known fact that the judge or jury deems the testimony

of such an expert very effective as compared to the ones who

do not have an eye contact with the judge or jury in case.

Furthermore, it is also very important that the person who

have been testifying in the court should keep in mind the

aspects of the forensic reports that can be considered

relevant to the case for which he had been selected.

Cross-examination Questions

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The cross-examination questions that can be anticipated

to be asked by a psychologist firstly would include the sworn

testimony and the question asked for that would be: Do you

swear to tell the truth, the whole truth, and nothing but the

truth, so help you God? (Chipkin, 2001). Likewise, there would

be more questions that can be anticipated before a

psychologists would be asked to testify such as how many times

he/she had been asked to be an expert witness in a case and

what kinds of evaluation and forensic reports he had prepared

prior to the very testimony for he had been selected in the

case (Schleier, 2007).

The expert witness can answer such questions very

efficiently by providing prior reports and testimony documents

of the cases in which he had provided his services as an

expert witness. Furthermore, there has been another very

significant cross examination question that can be asked such

as what kind of referral question he/she considered whilst

assessing the defendant (Roesch, Zapf, Golding & Skeem, 1999;

Kalmbach & Lyons, 2006).

The forensic psychologist as an expert witness in the

case can testify to respond to such a question by requesting

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for the defendant's history and any kind of symptoms that may

be found and diverting the focus of the court and jury towards

the principles of forensic psychology such as the competency

of the defendant to stand trial. Moreover, there has been

another question that can be anticipated to be asked from an

expert witness such as whether he/she believe that the

defendant in such a case can work along with the attorney in

order to defend himself/herself successfully. The expert

witness can respond to such a question by considering the

facts of their reports that are evaluated by him/her and

keeping in view the importance of such reports.

Diversity

Evaluating a Defendant for Testimony

In the court system and many criminal and civil cases,

there are various instances where the psychologists and

psychiatrists are given the responsibility to evaluate a

defendant for the testimony who may be from different a

different culture or completely a different country. For any

professional associated with psychology and psychiatry, it is

very important that he/she should follow certain guidelines to

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evaluate for the testimony of defendant. The most important

point whilst evaluating a defendant from a different culture

group is to study and research the particular culture to which

the defendant is linked. Similarly, it is also a significant

point that the psychologist should keep a vigilant eye on the

current techniques of evaluating as it can help in evaluating

the defendant in a more effective way.

Furthermore, the guidelines provided by the Law and

American Academy of Psychiatry should be considered by the

psychologists when conducting the evaluation (Sadoff, 2011).

Furthermore, the effective way of conducting an evaluation of

an individual from a different country or different cultural

group can be that the psychologist should be well aware of all

the aspects the defendant’s culture, the procedures and

processes that are followed in the court systems of the very

country and the traditions that exist in the particular

country. Moreover, to learn the initial levels of the language

that are spoken in defendant’s country can impact the

evaluation process that would be conducted by the

psychologist. Subsequently, the cultural competence have been

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deemed as an important part of the practices of forensic

psychologists (Lopez, 2002).

It is fact that when a psychologists is asked to evaluate

various clients or defendants from an opposite race, culture

or gender, then the credibility and professionalism of a

psychologists can be viewed more appropriately. If in a case

the defendant would have been from an opposed gender of that

which is provided in the case study, the first thing the

psychologists need to do it is that make the defendant very

comfortable and explain her that what are the significant and

necessary points that should be considered while she would be

evaluated for the testimony (Sue & Sue, 2012). Also, the

questions that defendant might had in her mind should be

answered in such a way that the mind of the defendant should

be satisfied that the psychologists would be doing no unjust

with her (Sue & Sue, 2012). Although it cannot be denied that

in the realm of forensic psychology there are no such

preferences given to any of the gender, however, it is true

that when there are different clients coming from different

culture and different gender then the real efforts of the

psychologists are examined (Sue & Sue, 2012). A successful

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psychologists would never let the defendant that he/she had

different viewpoints regarding the gender, race or culture of

the client, the psychologists would try to convince him/her on

the professional techniques and attitudes that are to be

followed in every profession.

Furthermore, when evaluating a defendant from a different

religious background for his/her testimony, it is highly

required that the psychologist should be aware of all that

aspects and important points regarding the particular religion

of the defendant. As in every case that is brought in the

court of law, there are various defendants who are said to be

evaluated by the psychologist for the testimony, therefore,

the main points that can be considered by the psychologist in

order to evaluate a defendant from a different religious

background is that to go through the literature of the

particular religion.

More importantly, it is required that the defendant

should be assured that the very psychologist had adequate

information related to the major viewpoints and religious

aspects of the defendant’s religion. In this way, it would be

easier for the psychologists to carry out the evaluation

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process in a more effective way. Moreover, it is highly

appreciated when a psychologists is known to the standards of

evaluating client or a defendant in any case. The defendant

provided in the case study has been mainly concerned with

various mental illness tests and the results obtained had

showed that Mr. Bumble has not been declared as competent to

stand a trial.

Ethics

The major ethical considerations that have been provided

in the case study are the reports and the results of the

reports that were evaluated regarding Mr. Bumble. It is very

important that the psychologists should make every point clear

to the defendant regarding tests and the results that re

obtained from such results (Kalmbach & Lyons, 2006). Moreover,

effective communication between the defendant the expert are

very important. In the provided case study of Mr. Bumble, Mr.

Bumble was told all the points before the evaluation was done

on him. In other words, it can be said that Mr. Bumble was

every aware of all the aspects of the ethical considerations.

More importantly, it is the ethical responsibility of the

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forensic psychology professional to have complete information

related to the vulnerabilities and characteristics of such

individuals who has been facing the mental health issues and

mental retardation (Kalmbach & Lyons, 2006).

Beside the ethical considerations, there have been

certain legal considerations that have been provided in the

case study of the final project. The main legal considerations

were that defendant was not aware of the legal process and the

very aspects of such processes. Moreover, the sections of

MacArthur Competence Assessment Tool-Criminal Adjudication

(MacCAT-CA) were not understandable by him due to the

psychotic symptoms. Furthermore, the major roles that the

court authorities or professionals used to play were known to

the defendant. Thus, it can be said that main legal

considerations in the case are that Mr. Bumble is not aware of

the law or the sections that would be applied in the case

against him.

Moreover, the ethical codes that have been mentioned in

the case study includes Title 18, U.S. Code, Section 4241,

Title 18, U.S. Code, Section 1111 and 1114. The provisions of

Section 4241 is regarding the competency of the defendant to

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stand a trial in a court. On the other hand, Section 1111 is

regarding the murder and Section 1114 was related to the

protection of the employees who are providing their services

in the police department. However, it has been provided that

Mr. Bumble was declared a non-competent to stand a trial in a

court.

Reflection

The main points that have been learnt whilst completing

this final project are that when a psychologist is asked to

evaluate any individual who has been convicted in a criminal

or civil case, then he had to keep in focus the information

that is relevant to the case. Moreover, various evaluation

techniques have been learnt. By going through the case study,

it was learnt that when a defendant is said to be evaluated in

order to find out whether he is competent enough to stand on a

trial or not. Further, there have been many concepts that have

been cleared now after completing the final project as how to

evaluate a defendant in a case, and more importantly the

procedures that are involved in the cross-questioning process.

The most interesting part was to study the diversity and

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competency that is deemed as a key part of psychological

evaluations.

On the other hand, to conduct various kinds of researches

that are regarded with the aspects of the forensic psychology

and particularly the client or the defendant were quite

interesting. The most important point that kept me

enthusiastic throughout the course was to go through different

case studies and the minor details that can change the overall

result of any case in a court. Further, the way the verbal and

non-verbal communication concepts were researched and

discussed throughout the discussion forum were quite

interesting. Moreover, the detailed information that was

acquired by studying the concept of multiculturalism was very

interesting in order to comprehend the significance of the wok

of a psychologist.

More importantly, the concepts of cultural competence

that covered the religious, political and social aspects

regarding the clients of the forensic psychologists were quite

though provoking. The way different ethnic and religious

groups were studied and discussed shows that in the

contemporary system of America, there are great number of

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citizens who are willing to meet the standards of

professionalism, and also accommodate with the intellectuals

of law and psychology to make the system more influential for

the future cases that may be brought in US courts of law.

Furthermore, examining the historical precedents and most

influential cases such as Daubert v. Merrell Dow Pharmaceuticals case

and the standard that it provided for all the cases of

forensic psychology in the realm of forensic psychology have

impacted the decisions of the jurors and judges in the courts.

All in all, it can be ascertained the role of forensic

psychology have been noticed with a great impact on the cases

of criminal and civil matters. Moreover, the way the

professionals of forensic psychology have showed their

dedication towards the field and particularly giving high

importance to the professional standards have raised the

influence of forensic psychology in all the legal cases.

Subsequently, the developments in the case laws can be noticed

and appreciated in the contemporary system as the professional

attitude of the forensic psychologists can be deemed as a key

aspect that led to the developments in the field of forensic

psychology and law.

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Case Study Testimony Questions: Final Project

A = attorney

            A: Please state your full legal name for the

record.

Expert Witness: Femi Folorunsho

            

            A: Do you swear to tell the truth, the whole

truth, and nothing but the truth, so help you?

Expert Witness : I honestly, truly and solemnly affirm and declare

to tell the truth, the whole truth, and nothing but the truth.

            

            A: Please describe for the court your educational

background.

Expert Witness: I got by Bachelor’s degree in Psychology from ABC

University in the year 1999. Further, I carried on my studies

and pursued my Masters in criminal psychology. Currently I’m

pursuing my PhD in forensic Psychology. Also, serving as a

research analyst in the ABC Institute of Forensic Research.

            

            A: How many times have you been an expert witness?

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Expert Witness: I have served the courts as an expert witness

three times. Mr. Bumble’s case is the fourth case for which

I’m selected to provide my expert opinion.

            

            A: How much are you getting paid for your

testimony today?

Expert Witness: Sir, I’m not getting paid for my testimony. I’m

paid for my time.

            

            A: Did you perform an evaluation on Mr. Bumble?

Expert Witness: Yes.

            

            A: Why were you asked to evaluate Mr. Bumble?

Expert Witness: Because I had experience in dealing with clients

like Mr. Bumble.

            

            A: What legal definition is applicable to the

referral question that you addressed when assessing Mr.

Bumble?

Expert Witness: Although assessing patients like Mr. Bumble has

not been that easy, however, I was successful in addressing

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the referral question.

            

            A: What procedures and/or tests did you perform

during your evaluation?

Expert Witness: Various tests and techniques were applied to

evaluate Mr. Bumble including the Block Design subtest and

Object Assembly subtest. Also, Verbal Comprehension Index,

Perceptual Organization Index, Working Memory Index and

Processing Speed Index were applied to evaluate Mr. Bumble.

            

            A: What were the results of your evaluation?

Expert Witness: It was proved that Mr. Bumble lacks the capability

of mind as a normal person used to have.

            

            A: Why do you believe that Mr. Bumble is

competent/not competent to stand trial?

Expert Witness: Mr. Bumble is not competent enough to stand a trial

because he has been a mentally ill person and had suffered a

lot throughout his life regarding his disorders.

            A: Did you arrive at a diagnosis for Mr. Bumble?

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Expert Witness: Yes.

            

            A: What is your diagnosis?

Expert Witness: Mr. Bumble has been diagnosed as a mentally ill

person along with diseases like Schizomania.

            A: Can you describe for the court the reasons for

that diagnosis?

Expert Witness: Expert Testimony: The results obtained from the

tests that were applied on Mr. Bumble had led to diagnose

which I just told in front of the court.

            

            A: Is that diagnosis considered to be a mental

disease or defect?

Expert Witness: Yes.

            

            A: Why or why not?

Expert Witness: The conditions that have been presented after the

obtained results of the reports have been known as effects of

the diseases like Schizomania.

            

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            A: Do you believe Mr. Bumble understands the

proceedings today?

Expert Witness: Yes, but not everything.

            

            A: Why or why not?

Expert Witness: Well, as I stated earlier, Mr. Bumble have been

suffering from various mental disorders since his childhood

and the records have shown that Mr. Bumble understands those

things that are close to him or may be the things that are

present around him on regular basis. However, the legal

proceedings or nay other processes and the severity of the

issues is to understandable by Mr. Bumble.

            

            A: Do you think Mr. Bumble understands what he is

charged with?

Expert Witness: No.

            

            A: Why or why not?

Expert Witness: Mr. Attorney XYZ, as I stated in my last answer

that Mr. Bumble has been suffering from various disorders

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since his childhood, therefore, he is not able to understand

for what he has been charged with.

            A: Do you think Mr. Bumble can work with his

attorney to successfully defend himself?

Expert Witness: Yes.

            

            A: Why or why not?

Expert Witness: As reports of Mr. Bumble have proved that he has

been suffering from several diseases at one time and he has

difficulty in remembering the information, therefore, it can

successfully be defended by the Attorney of Mr. Bumble in his

trial.

            

            A: Do you have any other information about Mr.

Bumble that you feel would be helpful to the court?

Expert Witness: No, Sir.

            

            A: Thank you. You may step down.

            

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References

Adebisi, S. S. (2009). Contemporary tools in forensic

investigations: The prospects and challenges. Internet Journal

of Forensic Science, 4(1).

Babitsky, S. & Mangraviti, J. J. (Producers). (2000). Cross-

examination: How to be an effective and ethical expert witness. Falmouth,

MA: Seak, Inc.

Chipkin, D. (2001). Successful freelance court reporting. Cengage

Learning.

Dalby, J. T. (2007). On the witness stand: Learning the

courtroom tango. Canadian family physician. 53 (1). pp. 65-70.

Retrieved from

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1952558/

Kalmbach, K. C., & Lyons, P. M. (2006). Ethical issues in

conducting forensic evaluations. Applied Psychology in Criminal

Justice. 2 (3). pp. 261-288.

Lopez, S. R. (2002). Teaching culturally informed

psychological assessment: Conceptual issues and

demonstrations. Journal of Personality Assessment. 79

(2). pp. 226-234.

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Roesch, R., Zapf, P. A., Golding, S. L., & Skeem, J. L.

(1999). Defining and assessing competency to stand

trial. The handbook of forensic psychology, 2, 327-349.

Sadoff, R. L. (2011). Ethical issues in forensic psychiatry: Minimizing harm.

John Wiley & Sons.

Schleier, T. F. (2007). Deposing and Examining Employment Witnesses.

James Publishing, Incorporated.

Sue, D. W., & Sue, D. (2012). Counseling the culturally diverse: Theory

and practice. John Wiley & Sons.