A Psychologists’ Involvement in Death Penalty Cases

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Psychologists are used in the legal system as consultants but they can have an intense impact of the judge and jury which is who ultimately who determines the defendants fate. The down side to this is that often psychologists can feel pressured by their clients to produce results that benefit themselves. A psychologist needs to observe the defendant and testify to their mental state and understanding without directly answering whether a defendant is guilty or not. (Melton, 2007) This is basically saying that a psychologist opinion should not directly affect whether the death penalty should be imposed but that they provide layers of knowledge about a circumstance or person and allow other details and facts to allow the legal system to apply a justified punishment. The one aspect where a psychologist’s opinion could potentially sway what happens to a defendant is whether they are placed in a general prison legal system or put in a mental health facility. This is one of the major reasons for the debate on the use of psychologists during trials. Psychologists in direct connection to the death penalty is limited and really only comes when a psychologist is asked to treat a prisoner to restore their competency for execution. In that instance it is what the psychologists deems competent that will push the procedure to a human’s death. Because of this pressure the idea of a single psychologist giving the yes or no for execution is extremely rare and psychologists are often used for assessments that lead to a judge’s decision rather than personal treatment.

Psychologists can provide ethical services in criminal death penalty cases by helping to give a better understanding of circumstances that may lead a person to commit a crime or their background that may have effected why they committed the crime they did. The death penalty is something that is debated by educated reasonable people so to rule out the use of psychologists in a court or legal setting is unrealistic. A psychologist personal feelings can influence not only their ideas towards the death penalty but also whether or not they want to get involved in such a case to begin with. If a psychologist does decide to get involved in a death penalty case they need to focus on methodology in their evaluations and not succumb to the pressures of either side or the cultural pressures from outside the courtroom. The evaluations done by psychologists and brought forth to a jury can often sway a decision greatly even if it is just based on the jury’s perception through movies and television shows. These methods are crucial to keep a psychologist accountable to the patient and not the verdict that is wanted by society.

References

American Psychological Association Ethics Committee. (2010). American Psychologist, 65, 486-492.

Fisher, C. (2014). Human Rights and Psychologists Involvement in Assessments Related to the Death Penalty Case. Ethics & Behavior, 23(1), 58-61.

Gregg v. Georgia, 428 (United States 1976).

Melton, G. B. (2007). Psychological evaluations for the courts: A handbook for mental health professionals and lawyers. New York: Guilford Press.

What are human rights? Six historical controversies. (2004). Journal of Human Rights, 3(3), 359-371.