PART 3 : HOW PSYCHOLOGICAL ISSUES AND ASSESSMENTS CONTRIBUTE TO JUDICIAL DECISION MAKING ACROSS JURISDICTIONS

• Jurisdiction: Australia

[60.3010] Introduction

Psychologists seek to explain (and predict) behaviour. As such, any aspect of psychological functioning related to an outcome of relevance within a given jurisdiction may be relevant to judicial decision making. Examples include competancy to stand trial, level of intellectual functioning, neurological impairment, parental capacity, malingering, personality disorder, mental health status (during assessment and/or at time of a past event), risk of a future behaviour, substance abuse, and psychological consequences of exposure to injury or violence. The psychologist will assess the client with a clinical lens, and formulate their findings in a report with language that is appropriate for the court room. By evaluating behaviour using interview, assessments and collateral information, and with reference to professional literature, the psychologist is able to provide the court with a scientifically informed opinion on a matter before the Court. The assessment strategy and tests used by a psychologist is informed not only by the specific question asked, but also by the jurisdiction and the relevant legislation appropriate to that jurisdiction.

Assessment across different jurisdictions

[60.3110] Criminal Law

Psychological assessment may be used for the prosecution, defence or...