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.